Amended proposal for a COUNCIL DIRECTIVE on the application of open network provision (ONP) to voice telephony
Date: 1993-05-07
Institutions: European Commission
Subjects: new technology, telecommunications, telephone, transmission network

COMMISSION OF THE EUBOPEAN  COMMUNITIES 

C0M(93)  182  f i n al  -  SYN  437 

Brussels,  7  May 1993 

Amended  proposal  for  a 

COUNCIL  DIRECTIVE 

on the application of open network provision (ONP) 

to voice telephony 

(presented  by  the  Commission  pursuant  to  A r t i c le  149(3) 
of  the  EEC-Treaty) 

EXPLANATORY  MEMORANDUM 

1.  This  Communication  concerns  a  modified  proposal  for a  Council  Directive  on  the 

application of open network provision (ONP) to voice telephony. 
The original  proposal was submitted  in accordance with the priorities laid down in 
Directive 90/387/EËC. 

2.  The  Commission  submitted  its  proposal  to  the  Council  on  27 August  1992 

-:[OTM(92)247 final -$YN4371/ 

-

The Economie and Social Committee gave its favourable opinion  on  25 Noveirfber 
1992.  The European Parliament adopted à favourable Resolution on  10 March 1993, 
including thirty seven amendments to the proposal of the Commission. 

Of  the  thirty  seven  amendments,  the  Commission  accepted  sixteen  in  full: 
Amendments 1, 2,3,  11, 13,14,15,16,17,18,20,26,27,29,31,38.  The Commission 
accepted amendments 4, 7,22,24 and 32 in principle and has provided alternative text 
for these.  Three amendments were accepted in part: 
Amendment  12  (addition of text in Article 12(1)) 
Amendment 28  (addition of text in Article 23(3)b) 
Amendment 34  (change of title and addition of text in Article 27( 1)). 

The reasons for rejecting parts of these amendments are given below. 

3.  Thirteen of the amendments adopted by Parliament were rejected by the Commission. 

One  group  of  amendments  (5,  6,  part  28,  part  34,  35,  36)  concerned  additional 
consultation and  reporting to Parliament and Council;  the effect  of these would have 
been  to  open  too  wide the  scope of  the consultation  process, and  could  have  led  to 
vers' detailed technical reports being submitted to Parliament. 

A second  group  (10, 21, 23)  addressed  problems  experienced  by small  and  medium 
telecommunications  organisations  when interconnected  to large  telecommunications 
organisations  ; 
the  directive  already  makes provision  for  settling  disputes  of  this 
nature a: a national level, in keeping with the principle of subsidiarity. 

Other  amendments  were  unacceptable  because  they were  incompatible  with  other 
related telecommunications directives or with the basic aims of the proposal (8,9, part 
12,19,25.30,33). 

4. 

In accordance with Article  149(3) of  the Treaty, the Commission  amends  its initial 
proposal. 

'2 

MODIFICATION NÔ.  i 

(based on EP Amendment 4) 

ORIGINAL COMMISSION  PROPOSAL 

MODIFIED  PROPOSAL 

Recital 9 

the 

important 

'•' national 

Whereas  in  conformity  with  the  principle 
of separation  of regulatory and  operational 
functions,  national  regulatory  authorities 
have  been,  created 
in  Member  States; 
whèireas  in  application  of  the  principle  of 
regulatory 
subsidiarity, 
authority  of  each  Member  state  should 
play 
the 
an 
implementation 
Directive, 
this 
particularly 
in  matters  relating  to  the 
publication  of  targets  and  performance 
statistics,  dates  for  the  implementation  of 
new 
adequate 
consultation  with  users/consumers  and 
user/consumer  organizations,  the  control 
of  numbering  plans,  the  surveillance  of 
usage  conditions,  and  the  resolution  of 
disputes; 

features, 

service 

role 

in 

of 

an 

the 

role 

national 

important 

Whereas  in  conformity  with  the  principle 
of separation  of  regulatory and operational 
functions,  national  regulatory  authorities 
have  been  created 
in  Member  States; 
whereas  in  application  of  the  principle  of 
regulatory' 
subsidiarity,-, 
authority  of  each  Member  state  should 
the 
play 
implementation 
Directive, 
this 
particularly 
in  matters  relating  to  the 
publication  of  targets  and  performance 
statistics,  dates  for  the  implementation  of 
new 
adequate 
consultation  with  users/consumers  and 
user/consumer  organizations,  the  control 
of  numbering  plans,  the  surveillance  of 
usage conditions,  the resolution  of  disputes 
as  well  as  in  ensuring  that  users  are  given 
fair treatment throughout the Community: 

features, 

service 

in 

of 

> • • • . -• 

."IV 

•"~*T". 

•;• ••  mtôi^ 

•^^•'&m 

ORIGINAL COMMISSION  PROPOSAL 

MODIKMCD PROPOSAL 

Rec i ta 1  13 

13. Whereas  the  provision  of  other 
voice telephony service features, 
provided  in  response  to  market 
in  addition  to  the 
demand 
harmonized  minicua set  of  voice 
telephony 
features 
service 
described  herein,  should  not 
.  impede thé .provision of the .basic 
voice, telephony, service features; 

13. whereas  the  provision  of  other 
voice telephony service features, 
provided  in  response  to  market 
demand  in  addition  to  the 
harmonized  minimum  set of  voice 
telephony 
features 
service 
described  herein,  should  not 
impede, the provision of the basic 
voice telephony, service features 
and 
X,o 

should 

lead 

not 

.  unreasonable  increases  in  the 

prices for the latter:  .  * 

;  M Û P f a ï ^^ 

ORK'.INAL  COMMISSION  PROPOSAL 

M O D I!  I ID  PROPOSAL 

R e c i t al  5 6 

offer 

16. Whereas,  in  order  to  provide 
efficient 
effective 
and 
telecommunications  services, and 
new  applications, 
to 
telecommunications 
service 
providers  and  others  may,  in 
accordance with the principles of 
Community  law, require access to 
the  public  telephone network, at 
\ points % other  than  the  network 
termination-points offered tp the 
majority  of  telephone  users; 
whereas  it  is essential  that in 
making  full and efficient use of 
the public telephone network via 
such special network access, the 
integrity  of  the public network 
is maintained; 

16. Whereas,  in  order  to  provide 
efficient 
effective 
and 
telecommunications  services, and 
applications, 
to  offer 
telecommunications 
service 
providers  and  others  may,  in 
accordance with the principles of 
Community  law,  require access to 

new 

.  .  the  public • telephone  network at. 
points'..other  tJnàn . the  network 
termination .points offered to the. 
majority  of  telephone * users; 
whereas  such  reouests  must  be 
reasonable  ones  in  terms  of 
economic and technical viability; 
whereas  procedures  must  be 
introduced  to  provide  a balance 
between  the  riohts of users and 
the 
of 
telecommunications orqar.irations; 
whereas  it  is  essential that  in 
making  full and  efficient use of 
the public  telephone network via 
such special network access, the 
integrity  of  the  public network 
is maintained; 

justified 

concerns 

•>"..  v* 

•;•:*>. :•• 

•V 

* 

MODIFICATION  NO. 4 

(based  on  EP Amendment  3)' 

i' 

* 

.  '  •'; 

ORIGINAL  COMMISSION  PROPOSAL 

MODIFIED  PROPOSAL 

Recital  22 

and 

responsibility 

tariffs;  whereas 

tariffs  .  means 

national 
a 

regulatory 
22. 
Whereas 
for 
authorities  have 
overseeing  of 
tariffs 
structures  should  evolve  in  response  to 
technological 
user 
development 
demand; whereas  the  requirement  for  cost-
orientated 
that; 
telecommunications  organizations  should 
implement"  cost  accounting  systems  by 
which costs can  be allocated  to services in a 
transparent 
whereas 
notwithstanding  further  obligations  which 
might  be  set  out  in  particular  to  ensure 
transparency  of  financial  transfers  between 
to  which 
activities  within  undertakings 
special  or  exclusive 
rights  have  been 
granted  by  the  Member  States,  a  minimum 
set  of  requirements  should  be  established; 
whereas  such  requirements  can  be  fulfilled 
for  example  by  the  implementation  of  the 
principle of fully  distributed  costing; 

manner; 

and 

tariffs 

means 

responsibility 

tariffs;  whereas 

national 
a 

regulator)' 
22. 
Whereas 
for 
authorities  have 
overseeing  of 
tariffs 
structures  should  evolve  in  response  to 
technological 
user 
development 
demand; whereas the requirement  for  cost-
orientated 
that 
telecommunications  organizations  should 
implement  cost  accounting  systems  by 
which costs can  be  allocated  to services in a 
transparent 
whereas 
notwithstanding  further  obligations  which 
might  be  set  out  in  particular  to  ensure 
transparency  of  financial  transfers  between 
to  which 
activities  within  undertakings 
special  or  exclusive 
rights  have  been 
granted  by  the  Member  States, a  minimum 
set  of  requirements  should  be  established; 
whereas  such  requirements  can  be  fulfilled 
for  example  by  the  implementation  within 
a  reasonable  time  limit  of  the  principle  of 
fully  distributed  costing; 

manner; 

.,;••..*• 

MODIFICATION  NOÏ 5 

(based on  ÈP Amendment  7) 

•  • . • • • « ' •' 

ORIGINAL COMMISSION  PROPOSAI. 

MODIFIED  PROPOSAI. 

Article 2 

'fixed  public  telephone  network'  means 
- 
the  public 
telecommunications  network 
which provides switched telephony  capacity 
connections  between  network  termination 
points at  fixed  locations, and which  is used, 
interalia, 
the  provision  . of  voice 
telephony service;/ 

for 

-  (definition  unchanged) 

The  term  "public telephone  network" to  be 
changed 
telephone 
network"  in  Articles  3-26,  Annexes  and 
Recitals 

public 

"fixed 

to 

• •• 

•

•

.

-

.

•• 

fylbDJ[g<^11p^Ç). 6 

: (^seë'^i EP Ajnehdmé^al) 

-1 

ORIGINAL COMMISSION  PROPOSAI. 

MODiriKI)  PROPOSAL 

A rt  i c i »-  3 

Meir.ber States shall ensure that users 
have- the right to: 

(a) be supplied  with a connection to 
the public  telephone network; 

(b) connect and use approved terminal 
equipment  situated  on the user's 
premises,  in  accordance  with 
•national arid Community law; 

•(cVuae  the oublie telephone network 
for  Voice  telephony  and  other 
applications,  including  those 
which  require  a  transparent 
telephony  circuit,  to  the  full 
extent  allowed  under  Community 
law, 

in  accordance  with  the  relevant 
targets  for  supply  and  crualitv  of 
service set out  in Article 5. 

Member  States  shall  ensure  that  the 
respect ive 
telecommunications 
organizations  separately  or  jointly 
provide  a  public  telephone  network 
and  a  voice  telephony  service  in 
accordance  with  the  provisions  of 
this Directive, in order Ço guarantee 
a harmonized offering throughout the 
Community. 

In  particular  Member. States  shall-
ensure that; users can: 
(a) obtain on request a connection to 
the public telephone network; 
(b) connect and use approved terminal 
equipment situated on the user's 
premises,  in  accordance  with 
national and Community law. 

Member  States  shall  ensure  that  no 
restrictions  are  placed  on  the  use 
nade  of  th^  connection  provided. 
other  than  those  referred  to  in 
Article  2\. 

MQpiF^TïOK^O,7  ; •• ;/tfeeà:àSjBb^^dmentI2)  V 

ORIGINAL COMMISSION PROPOSAI. 

MODIFIKD PROPOSAL 

Article < 
Publication of an access to  information 

Changes  in existing  offerings  shall 
be published as soon as possible and, 
unless 
regulatory 
authority  agrees otherwise, no later 
two  months  before  their 
than 
implementat ion. 

the  national 

?..  The  information  referred  to  in 
priracraph *• shall be published  in an 
appropriate  manner  so as  to provide 
easy  access  for  users  to  that 
i rife-mat ion . 

Changes  in  existing  offerings  and 
information on new offerings shall be 
published  as  soon  as  possible  and, 
unless 
regulatory 
authority agrees otherwise, no later 
than  two  months  before  their 
implementation. 

the  national 

2.  The  information  referred  to  in 
paragraph  1  shall  be  made  pub1 iciv 
available  and  readily  accessible  bv 
users. 

4  • 

Mt^ptfei<^^piNHpt,8  • /^sedjotiÊPAniei^toeiU 13) 

ORIGINAL COMMISSION PROPOSAL 

MODinr.l) PROPOSAI. 

Article  MM 

of 

performance 

i.  National  regulatory  authorities 
shall ensuro that targets are set and 
published for supply time and quality 
of  service  indicators  based  on  the 
list  set  out  in Annex  II, and  that 
the 
national 
telecommunications  organizations  in 
relation 
to  those  targets  is 
published  periodically. Definitions, 
measurement  methcfds,  and  targets 
shall be' reviewed. Periodically by the 
national .regulatory authority, taking 
into 
Communi tyrwide. 
convergence  of  quality  of  service 
criteria. 

account 

performance 

1 .  National  regulatory  authorities 
shall ensure that  targets are set and 
published for supply  tirce and quality 
of  service  indicators  based  on  the 
list  set  out  in  Annex  II, and  that 
the 
national 
telecommunications  organizations  in 
targets 
those 
relation  to 
is 
published 
Definitions, 
annually. 
measurement  methods,  and . targets 
shall  be  reviewed  at  least  every  3 
'years  by  the • .national. regxiïatbry 
into . account 
• authority,- .-. taking 

of 

Community-wide convergence of quality 
of service criteria. 

0 

MOpiF^CATipN  NO. 9 

^baséd on  EP Amendment  14). 

ORIGINAL  COMMISSION  PROPOSAL 

MODIVlKlV PROPOSAL 

A r t i c le  6 

1.  National  regulatory  authorities 
shall  ensure  that  existing  service 
offerings  continue  for  a  reasonable 
period of  tirr.e, and  that  termination 
of an offer mo  can be done only after 
and 
with 
consultation 
users 
organizations 
user 
representinc 
and/qr consumer interests. 

2,  without prejudice, to othçr rights 
of  appeal  provided  for  by  national 
laws. Member States shall ensure that 
users and  organizations  representing 
user  and/or  consumer  interests  can 
bring before  the national  regulatory 
authority  cases  where  the  users  do 
not  agree  with  the  termination  date 
as 
t he 
co ieconunun icat ions organ izati rn . 

e n v i s a g ed 

by 

1.  National  regulatory  authorities 
shall  ensure  that  existing  service 
offerings  continue  for  a  reasonable 
period of time, and  that termination 
of  an  offering  or  a  change  that 
materially alters the use that can be 
made  of  it  can  be  done  only  after 
consultation with affected users and 
an  appropriate  public  notice period 
set • bv  the • national-  regulatory 
authority. 

2.  Without prejudice to-other rights 
of  appeal  provided  for  by  national 
laws. Member States shall ensure that 
users and organizations  representing 
user  and/or  consumer  interests  can 
bring before  the national regulatory 
authority  cases  where  the  affected 
users  do  not  agree  with  the 
termination date as envisaged by the 
telecommunications organization. 

MODIFICATION NO. 10 

(based on EP Amendment 15) 

OrVioiNÀivèoMMissiON PROPOSAL 

MODIFIED PROPOSAL 

1.' 7(1) 

CM 

l.  National  regulatory  author 11i<?s 
shall  ensure  that  users  have  a 
contract which specifies the service 
to 
p r o v i d ed 
telecommunications  organization and 
the compensation arrangements it the 
contracted service quality levels are 
not met. 

by  a 

be 

1.  National  regulatory  authorities 
shall  ensure  that  users  have  a 
contract which specifies the service 
by  a 
to  be 
p r o v i d ed 
organization. 
telecommunications 
National regulatory authorities shall 
require  compensation  and/or  refund 
arrangements  to be provided  if the 
contracted service quality  levels are 
not met. 

Telecommunications  • organizations 
shall  respond  to  a"  rebuest  tor-
connection" to the oublie  telephone 
network without delay  and shall give 
the user an estimated tarcet date for 
the provision of service. 

schemes 

2.  Standard contract conditions and 
compensation 
used  by 
telecommunications 
organizations 
shall  be  agreed  by the national 
Users' 
regulatory 
contracts  with  telecocur.un icat ions 
organizations shall contain a summary 
of  the procedure for settlement of 
iiroutes. 

authority. 

2.  National  regulatory  authorities 
shall  be  able  to  reouire the 
alteration  of  the  conditions 
contracts  and of any coapensa 
and/or  refund  schemes  used 
telecommunications 
orcanizati 
U s e rs 

of 
tion 
by 

c  o n t  r 

e i e c o m m u n i c at  i o ns 
s h a ll  c o n t a in  a  sumir.ê 
i n i t i a t i ng 
rz 

o r c a n i z at 
of  t he  nv 

srocrC.res 

lement of disputes 

ons. 
i  t  h 
ions 
:thod 
t or 

MODIFICATION NO.  11 

(based on EP Amendment  16) 

ORIOINAT: COMMISSION PROPOSAL  V 

v"^;,SioiilFiEI>-WG|P6$ArL,'. 

v i <-1 *"*•  7a  (n«w) 

a 

wh-;-re.  in  response  to  a  particular 
t e l e c o m m u n i c a t i o ns 
recruest. 
o r c a n i z a t i on 
i t 
c o n s i d e rs 
unreasonable  to  provide fc c u n n eô ion 
to the fixed  public  telephone  network 
under 
tariffs  and 
suooly  conditions,  it  must  seek  the 
acrgement  of  the national  regulatory 
authority  to varv  those  conditions in 
that  c a s e. 

its  published 

i 
j 
j 

MODIFICATION NO. \2 .. J{base^onppAm^dmeht;i7):. ••' 

O R I G I N AL  COMMISSION  PROPOSAI. 

MODII'IKD  PROPOSAI, 

A r t i c le 

9 ( 1) 

N a t i o n al 
i 
s h a ll  e n s u re 
e r g a ni  z at  i o ns 
from 
u s e r s, 
p r o v i d e r s, 
t e l e p h o ne 
t e r m i n a t i on 
network 
to 

in  Annex 

r e g u l a t o ry 
t h at 

respond 

to 
i n c l u d i ng 

a u t h o r i t i es 
t e l e c o m m u n i c a t i o ns 
r e q u e s ts 
s e r v i ce 
t he  p u b l ic 
network 
t he 
r e f e r r ed 

to 
at 
o t h er 

than 

f or  a c c e ss 
network 
p o i n ts 

t e r m i n a t i on  p o i n ts 

I. 

from 

respond 

r e g u l a t o ry 

1.  N a t i o n al 
s h a ll  ensure  that 
o r g a n i z a t i o ns 
r e q u e s ts 
s e r v i ce  p r o v i d e r s, 
p u b l ic 
t e r m i n a t i on 
network 
to  in  Annex  I. 

a u t h o r i t i es 
telecoramunications 
r e a s o n a b le 
i n c l u d i ng 
t he 
t e l e p h o ne  network  at  network 
t he 
referred 

to 
u s e r s, 
for  a c c e ss 

termination  p o i n ts 

p o i n ts 

o t h er 

than 

to 

t he 

o p e r a t i on 

t h at  g r a n t i ng 

télécommunications 

Such  r e q u e s ts  may  be  r e f e r r ed  to  the 
regu-latory  ;  a u t h o r i ty  where 
n a t i o n al 
o r g a n i z a t i on 
t he 
a c c e ss 
c o n s i d e rs 
t he 
r e o u e s t ed  would  a d v e r s e ly  a f f e ct 
the  ?ub_l i c 
normal 
telephone  network, or  would  imoince 
upon any  special or exclusive rights 
cranted  to  the  telecommunications 
o roanization  in  accordance  with 
Access  shali  be 
Community  law 
the 
restricted  or  denied  onlv  on 
:: r ou ne c iven  in Article 2'< . 

the  •' télécommunications 
considers 

Where  in  response  to  a. particular 
request 
organization 
"it 
unreasonable  to provide  the special 
network  access  requested,  it  must 
seek  the  agreement  of  the  national 
regulatory  authority  to  restrict  or 
deny that access.  Where the affected 
users so reguest they nust be granted 
a hearing to argue their case before 
the  national  regulatory  authority, 
and  must,  in all  cases, be given a 
prompt  and  justified  explanation  as 
to  why  their  reçue si  has  been 
refused. 

MODIFICATION NO. 13 

(based on EP Amendment 18) 

- ' •*  V-. 

•  ;  V  t. 

tMCÀNkÙ'tôlAMissiÙR  PROPOSAL 

" MODIFIED PROPOSAL 

A r t i c le  *JU) 

/.  National  regulatory  author it ier» 
shall  ensure  that  telecommunications 
organizations adhere to the principle 
o( non-discr immat ion when they make 
use  of  the  publIC  telephone  network 
for  providing  services which  are or 
may be provided also by other service 
providers. 

2.  National  regulatory  authorities 
shall ensure that teieco~jnunications 
organizations adhere to the principle 
ox non-discrimination when they make 
use of  the public  telephone  network 
for providing  services  which are or 
may be provided also by ether service 
providers, includinc open  interfaces 
at  all  levels  sufficient  to  ensure 
the. • • .telecommunications 
that 
organization cannot exercise control 
over such intçrfafces in à manner that 
is  • calculated  • to 
favour  . "a 
télécommunications  services business 
carried on bv it. 

• 

» • * • • * • ,- 

• 

-• 

iS. 

M O P I p I Ç A T l Q N Na  1,4.,-  (based pn  ËP Arnendnient  20) 

.. 

• . 

: / . ' • • . .: 

; 

: 

j 

ORlCfNALCOMNilSSrÔN  PROPOSAL'.'''•' 

••'•'"  Moi)!!'!!::!)  PROPOSAI/ 

'  >'. 

Article  lO(la) (new) 

la.  National  regulatory  authorities 
shall  ensure  that  telecommunications 
organizations  respect  the principle 
of  non-discrimination  in. using, the 
bub lie' tel ebhone né'tvork to orov ide 
services  which- are  or  maV- also : be 
provided  by  other  service'providers 
in the categories of common services. 
o f 
inc l u d i nq 
interconnection  which  do not  favour 
the provision of their own services. 

c o n d i t i o ns 

MODIFICATION/NO. 15*  \ jj»sccj ôri EF> Amendment 38) 

ORIGINAL COMMISSION  PROPOSAI 

MODIFir.D PROPOSAL 

A r t i c le  M ( b^ 

b) 

for 

voice 

service 

features 
t a r i f fs 
to  the  provision  of 
a d d i t i o n al 
connection 
public 
the 
to 
telephone  network  and  provision 
of 
service 
accordance  with 
s h a l l, 
Community  law,  be-  sufficiently 
is. 
unbundled,  .so  that  the  user 
'  for 
not 

to  ". pay 
'  vhich  ' •  are ' 

• required'*, 

telephone 

in 

. not 

features 
reguested; 

(b) 

for 

voice 

service 

features 
t a r i f fs 
to  the  provision  of 
a d d i t i o n al 
connection 
public 
the 
to 
telephone  network  and  provision 
of 
service 
accordance  with 
s h a l l, 
Community,  law,  be  sufficiently 
is 
unbundled,  so  that  -the  user 
not 
for; 
f e a t u r es  which'are  not  required 
for  the  s e r v i ce  demanded; 

'required 

telephone 

;to  .  pay 

in 

• 

•• 

• 

•« 

- ^ ^ t f ^ î i ^ l t o ^ V:  ;<teia5dSn EP Àmehdm«hV22)^ 

ORIGINAL COMMISSION PROPOSAI, 

• • <• 

MÔDIFtÊD PROPOSAL 

Article  12(1) 

in 

of 

their 

pursuance 

specific  obligations 

l.  Member  State's  shall, without  prejudice 
to 
to  be 
further 
the 
established 
competition  rules  of  the  Treaty,  ensure 
telecommunications 
that 
organizations 
into 
practice  a  cost  accounting  system  suitable 
for the  implementation  of  Article  11,  and 
which .as.  such  has  been  approyecl  by  the 
national: 
• authority  .':  for 
telecommunications 
application  by 
organizations. 

formulate  and  put 

regulatory 

the 

in 

of 

their 

pursuance 

specific  obligations 

1.  Member  States  shall  without  prejudice 
to 
to  be 
further 
the 
established 
competition  rules  of  the  Treaty,  ensure 
telecommunications 
that 
organizations 
into 
practice  by 31 December  1994 at  the.latest 
a  cost  accounting  system  suitable  fqr  the 
implementation of Article  11, and which as 
such  has  been  approved  by  the  national 
regulatory  authority  for  application  by  the 
telecommunications  organizations. 

formulate  and  put 

1 % # I F K ^ I # T N^ 

ORIGINAL COMMISSION PROPOSAL 

MODIFIED PROPOSAL' 

Article  14 

regulator)' 

authorities 

National 
shall 
ensure  that  targets  are  set  and  published 
for  the  provision  of  itemized  billing  in 
order  to  allow  users  to  check  their  bills, 
taking  into  account  the  states  of  network 
development  and  market  demand. 

regulator)' 

authorities 

National 
shall 
ensure  that  targets  are  set  and  published 
for  the  provision  of  itemized  billing,  taking 
into 
network 
development  and  market  demand. 

account 

state 

the 

of 

Itemized billing  shall be  available  to  users 
on  request,  subject  to  the  level  of  detail 
permitted under relevant  legislation  on  the 
protection  of  personal  data  and  privacy, 
itemized  bills  shall  be  able  to  show  the 
composition  of the charges  incurred. 

Itemized  billing  shall bè;made  available to 
•users unless the user expressly requests not 
to 
to  have,  such  a 
paragraph  3  below,  and  to  the  level  of 
detail  permitted  under  relevant  legislation 
on  the  protection  of  personal  data  and 
privacy, 
the 
composition  of the charges  incurred. 

itemized  bills  shall  show 

facility.  Subject 

Calls  to  helplines  which  are  free  of  charge 
to  the  caller  shall  not  be 
in 
itemised  bills. 

identified 

Within  the  framework,  different  levels  of 
detail  may  be  offered 
at 
reasonable  tariffs. 

to  users 

Within  this  framework,  different  levels  of 
detail  may  be  offered 
at 
reasonable  prices. 

to  users 

MODIFICATION  J^IO. 1£ 

(based on  EP Ameodment 26) 

;•'••• .•;. : •*•*'.. 

.«'••/..*  I •'•  Vv 

ORIGINAL COMMISSION PROPOSAL 

; MODIFIED PROfcOSAt•""•'•  r-

i • 

G. Non-payment  of bills 

Non-payr.ent of bills 

Article 21(6) 

a 

National regulatory authorities shall 
authorize, 
priori,  specified 
measures, which shall be published in 
the manner laid down in Article 4, .to 
cover . non-payment: of  bi.iifc,. •' These 
measures '.shall-  • ensure . that,  any 
service  interruption, is confined  to 
the  service  concerned, and  that due 
warning  is  given  to  the  user 
beforehand. 

National regulatory authorities sr.all 
authorize,  a  priori,  specified 
measures, which shall be published in 
the manner .laid down.in Article 4, to 
cover non-payaient of bills. Where the 
level"of development  6£; the jictvprK 
so  permits, y these  measures .shall 
ensure that any service interruption 
is confined to the service concerned, 
and that due warning is given tc the 
user beforehand. 

MODIFICATION  NO.  19 

(based on  EP Amendment  27) 

•-  J 

ORIGINAL COMMISSION  PROPOSAL 

MÔDTFIlvlj PROPOSAL 

Article 

22(2) 

2.  Member  States  shall  ensure  that 
standards  or  specifications  for use 
by  telecommunications  organizations 
are  subject  to  the  requirements  of 
Directive 83/189/EEC. 

.••••.. 

2.  National  regulatory  authorities 
shall ensure  that telecommunications 
organizations inform users on request 
of  the  standards  or  specifications. 
and/or 
including 
international  standards  which  are 
implemented  according  to.  national 
standards;-  accordino  rto  whifch . the 
services  and  facilities  in  this 
Directive are provided. 

European 

any 

:K ^ p b j ^ ^ y U ^ ^ . ^. 

, •;• (basçd pn EPAméndrn^.28)  ;.': ;, U»V-S-AmjJ jVr%  !v••.  ;, 

OiùdÏNAL CptàMtSSIONPRbPOSAL 

MOPtFIED  PRbpOSÀL 

Article 23, paragraphs  1, 2 and  3 

2. 

those 
In  particular,  with  regard  to 
3. 
Europe-wide 
features 
requiring 
in  Article  8(2), 
cooperation  described 
where  commercial  agreements  between 
telecommunications  organizations  cannot 
be  reached,  conditions  of  interconnection 
and 
in 
access  may  be  determined 
accordance  with  the  procedure  set  out  in 
Article  29, 
the 
provision  of  harmonized 
features  and 
facilities  to  users. 
the 
procedure 
The 
Commission  shall  take  due  account  of  the 
state  of  network  development  and  market 
demand  in the  Community. 

to  achieve 

in  order 

initiated 

by 

to 

access  may 

be  determined 

those 
In  particular,  with  regard 
3. 
Europe-wide 
features 
requiring 
in  Article  8(2), 
cooperation  described 
where  commercial  agreements  between 
telecommunications  organizations  cannot 
be  reached,  conditions  of  interconnection 
and 
in 
accordance  with  the  procedure  set  out  in 
Article 29  in order  to  achieve the  provision 
of  harmonized  features  and  facilities  to 
users. 
the 
The 
Commission  shall  take  due  account  of  the 
state  of  network  development,  the  various 
architectures  and  market  demand  in  the 
Community. 

procedure 

initiated 

by 

a: 

,  :.'"':... MpPlFli^TlpUNOt2l 

\ 

:^Qi^^^?;Aa^ômpnt^).:^ 

• ..  ••  •_? 

•  *'• 

ORIGINAL  COiVfMLSSION  PROPOSAI 

M< m i ll  Lt>  PROPOSAL 

A r t i c le  24(4) 

regulatory  a u t h o r i t i es 
4.  National 
s h a ll  keep  a v a i l a b le  and  submit 
to 
the  Commission  on  request  d e t a i ls  of 
the 
individual 
m e a s u r es 
-their, 
j u s t i f i c a t i o n . ' '- 

ca.ses 
t a k en 

including 

a nd 

regulatory 

a u t h o r i t i es 
4.  National 
s h a ll  keep  a v a i l a b le  and  submit 
to 
the  Commission  on  request  d e t a i ls  of 
i n d i v i d u al  c a s es  where  access  to  or 
the  p u b l ic  Çeleohone  network 
use  of 
térè&honv  service  .has  been 
,"  ;.  or  -voice 
including  ' the 
.  .and..-.*  t h e ir 

•  r e s t r i c t ed  or  denied, 
taken'- 

m e a s u r es  ;"•  . 
• j u s t i f i c a t i o n. 

•  '•' 

Kl 

i-ïte'- MODIFICATION NO. 22 i  »• ^basedon EP Amendment 31) 

oià'bWÀUCOM-MfS$lpNPROPOSAL.  ' 

MODIKILU PROPOSAL 

A r t i c le  2 5 ( 1) 

a 

users, 

1.  Member  States shall ensure that, 
in the event of an unresolved dispute 
t e l e c o m m u n i c a t i o ns 
with 
organization, 
including 
service  providers,  consumers,  or 
o t h er 
t e l e c o m m u n i c a t i o ns 
organizations  shall  have  a  right of 
appeal  to  the  national  regulatory 
authority  or  another  independent 
body,  and  that  easily., accessible, 
procedures are created at•a national 
level  to  settle disputes  ih: a  fair, -
timely and«transparent manner.. 

a 

users, 

1.  Member States  shall ensuro that, 
in the event of an unresolved dispute 
telecommunications 
with 
organization, 
including 
service  providers,  consumers,  or 
o t h er 
t e l e c o m m u n i c a t i o ns 
organizations  and  any  party who can 
show that he has an obvious interest 
in the matter  shall  have a right of 
appeal  to  the  national  regulatory 
authority  or  another  independent 
body-, and that easily accessible and 
inexpensive procedures are created; at 
a. national  level  to  settle disputes 
in  a  fair,  timely  and  transparent 
manner. 

IM 

MODIFICATION  NO. 23 

(based  on  EP Amendment  32) 

ORIGINAL COMMISSION  PROPOSAL 

MÔ0IFÏED  PROPOSAL 

Article 25(4)(a) 

and 

ONP 

(a)  the  Chairman  of  the  ONP  Committee 
shall convene as soon as possible a  working 
group  including  at  least  two  members  of 
the 
one 
Committee 
representative  of  the  national  regulatory 
authorities  concerned,  and  the  Chairman 
the+  ONP  Committee  or  another 
of 
official  of  the  Commission  appointed  by 
him. The working group shall be chaired  by 
the  representative  of  the  Commission,  and 
shall  normally  meet  within  10  days.  The 
the  working  group  may 
Chairman  of 
decide,  upon  proposal  of  any  of 
the 
members  of  the  working  group,  to  invite  a 
maximum  of  two  other  persons  as  experts 
to advise  it; 

and 

ONP 

(a)  the  Chairman  of  the  ONP  Committee 
shall convene  as soon  as  possible  a  working 
group  including  at  least  two  members  of 
the 
one 
Committee 
representative  of  the  national  regulatory 
authorities  concerned,  and  the  Chairman 
of  the  ONP  Committee  or  another  official 
of  the  Commission  appointed  by  him.  The. 
working  group  shall  be  chaired  by  the 
representative  of  the  Commission,  and 
shall  normally  meet  within  10  days  of  the 
meeting  date  having  been  notified 
to 
members  of  the  Working  Group  by  the 
Chairman  of  the  ONT  Committee.  The 
Chairman  of 
the  working  group  may 
the 
decide,  upon  proposal  of  any  of 
members  of  the  working  group,  to  invite  a 
maximum  of  two  other  persons  as  experts 
to advise  it; 

K 

MODIFICATION  NO. 24 

(based on EP Amendment  34) 

ORIGINAL COMMISSION  PROPOSAL 

MODIFIED  PROPOSAL 

Technical  adjustment 

Procedures  for  making  technical  and 
other  adjustments 

Article  27 

Modifications  necessary  to  adapt  the 
provisions 
t e c h n i c al 
t h is 
technological 
D i r e c t i ve 
to 
developments  or  to  changes 
in  market 
in 
be 
demand 
accordance  with  the  procedure  s et  out 
in  A r t i c le  29. 

determined 

s h a ll 

new 

of 

new 

provisions  of 

technical 
to 

K.  Modifications  necessary  to  adapt 
the 
t h is 
Directive 
technological 
developments  or  to  changes  in  market 
in 
determined 
be 
demand 
accordance  with 
s et 
the  procedures 
out  in  A r t i c l es  28  and  29  of 
the  present  D i r e c t i v e. 

s h a ll 

3t 

ISSN 0254-1475 

COM (93) 182 final 

DOCUMENTS 

EN 

15 

Catalogue number : CB-CO-93-210-EN-C 

ISBN 92-77-55304-9 

Office for Official Publications of the European Communities 
L-2985 Luxembourg 

j*