OPINION OF THE COMMISSION pursuant to Article 189b(2)(d) of the EC Treaty on the European Parliament' s amendments to the Council' s common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on the application of open network provision (ONP) to voice telephony
Date: 1995-11-21
Institutions: European Commission
Subjects: competition, consumer protection, harmonisation of standards, single market, supplies contract, telephone

COMMISSION OF THE EUROPEAN  COMMUNITIES 

ix 

it 

* 6* 

Brussels, 21.11.1995 
COM(95) 575 final 

95/0020(COD) 

OPINION OF THE COMMISSION 

pursuant to Article 189b(2)(d) of the EC Treaty 
on the European Parliament's amendments to the Council's common position 
regarding the proposal for a 

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 

on the application of open network provision (ONP) 

to voice telephony 

AMENDING  THE PROPOSAL  OF THE  COMMISSION 
pursuant  to Article  189 a (2) of the  EC Treaty 

EXPLANATORY  MEMORANDUM 

Article  J89b.2(d)  requests  the  Commission  to  express  its  opinion  on  the  amendments 
proposed  by the European  Parliament  in its second  reading. 

The  Commission  hereby  presents 

its  Opinion  on  the  amendments  proposed  by  the 

European  Parliament,  including,  in accordance  with Article  189a (secondparagraph)  of 

the  EC  Treaty,  a  modified  proposal  incorporating  the  EP  amendments  accepted  by  the 

Commission. 

OPINION  OF THE  COMMISSION 

" 

• 

1. BACKGROUND 

a)  The  Commission  submitted  its  proposal  to  the  Council  on  1  February  1995 

[COM(94) 689  final). 

b)  The  European  Parliament,  on  the  first  reading,  adopted  a  favourable  Resolution  on 

16 May  1995, without  proposing amendments to the Commission's  proposal. 

c)  The Economic and  Social Committee gave its favourable  opinion on 31 May  1995. 

d)  The Council adopted its Common Position on  12 July  1995. 

e)  The  Commission  accepted  this  Common  Position  and  informed 

the  European 

Parliament  of its opinion on  14 July  1995. 

f) 

The European  Parliament  voted  on the second  reading  on 26 October  1995,  adopting 

a favourable  resolution which included  2 amendments to the Common  Position. 

2.  PURPOSE  OF THE  DIRECTIVE 

The proposal  for  a Directive on the application of open  network  provision  (ONP)  to  voice 

telephony services has three basic goals: 

- 

to establish the rights of users of voice telephony services; 

- 

to  ensure open  and  non-discriminatory  access  to  the public telephone  network  for  all 
users, including service providers offering  competitive services; 

to enhance Community-wide  provision  of voice telephony services. 

The  proposed  Directive  is  consistent  with  the  importance  which  the  Treaty  gives  to 

consumer  protection  in the European  Union. 

3.  POSITION  OF THE  COMMISSION  ON THE EP  AMENDMENTS 

The Commission  can accept  Amendment  1, as it provides clarification  recalling the  modus 

vivendi  which was signed by European  Parliament,  the Council and the Commission  at  the 

end  of  1994 and which covers implementing  measures for  acts adopted  in accordance  with 

the  procedure  laid  down  in  Article  189b  of  the  EC  Treaty,  such  as  this  proposed 

Directive. 

The  Commission  can  also  accept  Amendment  2.  This  is a compromise  amendment  which 

requires  compensation  and/or  refund  arrangements  to  be provided  as a general  rule  if  the 

service quality levels specified  in the contracts are not  met. 

4.  CONCLUSION 

In  conclusion,  the  Commission  is of  the  opinion  that  the  2  amendments  proposed  by  the 

European  Parliament  to  the  Council  common  position  are  fully  compatible  with  the  goals 

of the proposed  Directive. 

The modified  proposal  incorporates  these 2 amendments. 

Amended Proposal for a 

EUROPEAN PARLIAMENT AND COUNCIL  DIRECTIVE 

on the application of open network provision  (ONP) 

to voice telephony 

(presented  by  the Commission  pursuant  to  Article  189  a  (2) 
of  the  EC-Treaty) 

»  • 

' - .- 

'&',.  SA-•••.'.  '! 

-  . .' 

.-*•*, 

.%!; 

Common position of the Council 

Amendment 

Recital 15a (new) 

(15a) 

Article 7(1) 

Whereas an agreement on a 
"modus  vivendi" 
between 
the European Parliament, 
the  Council  and  the 
Commission concerning the 
implementing measures for 
i n 
a d o p t ed 
a c ts 
accordance 
with 
the 
procedure  laid  down  in 
Article  189b  of  the  EC 
Treaty was reached on 20 
December 1994; 

be 

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

by 

a 

a 

be 

general 

1.  National  regulatory  authorities 
shall  ensure  that  users. have  a 
contract which specifies the service 
by 
to 
p r o v i d ed 
organization. 
telecommunications 
National regulatory authorities shall 
require 
as 
a 
compensation 
refund 
arrangements  to  be  provided  if  the 
contracted service quality levels are 
not  met,  and  shall  ensure  that  any 
exceptions to this rule are justified 
by 
t e l e c o m m u n i c a t i o ns 
organization s)  concerned  and  made 
clear in the users' contract. 

and/or 

rule 

the 

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COM(95) 575  final 

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15 

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ISBN 92-77-96324-7 

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