Proposal for a COUNCIL DECISION regarding the definition and implementation of Community policy in the field of Telecommunications and Postal services
Date: 1996-04-11
Institutions: European Commission
Subjects: EU policy, commitment of expenditure, legislation, postal and telecommunications services

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  11.04.1996 
COM(96) 45  final 

96/0042 (CNS) 

Proposai  for a 

COUNCIL  DECISION 

REGARDING  THE  DEFINITION  AND  IMPLEMENTATION  OF 
COMMUNITY  POLICY  IN THE  FIELD OF  TELECOMMUNICATIONS 
AND POSTAL  SERVICES 

(presented  by the Commission) 

EXPLANATORY  MKMORANDUM 

The  Commission  has  decided  that  a  legal  basis  must  be  proposed  for  the  budget  for  the 
definition  and  implementation  of  Community  policy  in  the  field  of  Telecommunications 
and  Postal  services  (B5-401).  This  is set  out  in  a  Communication  of  the  Commission  to 
the  Budgetary  Authority  (Communication  from  the  Commission  on  Global  Amounts  and 
Basic  Act,  SEC(94)1106 final, 6.07.1994). 

Areas of the  Commission's  work  on  Telecommunications  and  Posts  are  defined  by  Treaty 
provisions  and  specified  by the  Council  and  the  Parliament  in  Resolutions  and  Directives. 
Together  these  provide  a  programme  of  work,  generally  according  to  a  specific  time 
table.  These  Treaty  provisions,  Resolutions  and  Directives  require  (or,  in  the  case  of 
certain  Resolutions,  encourage)  the  Commission  to  act  in various  ways  in  order  to  study 
and  lay  down  objectives  and  actions  which  further  define  and  implement  the  Community 
Telecommunications  and Postal  policy,  including: 

-  initiating analysis; 

-  drawing up analysis and  progress  reports; 

-  eliciting comment  from  industry  and the public; 

-  drawing up proposals for  legislation; 

-  monitoring  the application  of  legislation; 

-  ensuring the timely  availability  of European  standards  and  the  necessary  frequency 

resources on a pan-European  basis; 

-  promoting  the  implementation  and  use  of  new  telecommunications  services  and 

applications. 

These  actions  require  a range  of support  activities,  including the commissioning  of  studies 
in  order  to  analyse  markets, 
and  the  organisation  of  seminars  and  consultations, 
technologies,  objectives  and  policies;  as  well  as  the  submission  of  mandates 
to 
standardisation  and frequency  bodies. 

£ 

The majority  of the  present  work  programme  is set  out  in  a number  of Resolutions  and 
Directives, the most important and recent of which are set out below: 

defb5401-19 October  1995 

1.  Council  Directive (1990)  1 on access to and  use of networks  and  services. 
This  provides  that  conditions  for  access  to  networks  by  competing  service 
providers  are  progressively  defined.  It  sets  out  a  work  programme,  which 
requires the Commission to carry out analysis, consult  an advisory  committee, 
draw  up 
the  European 
Telecommunications  Standards  Institute  (ETSI)  to  draw  up  standards,  and 
make proposals for access conditions. 

invite  public  comment, 

reports, 

request 

2. 

3. 

4. 

Council  Resolution  (1991)  on  satellite  services  and  equipment2.  The 
Council gave its support  to the general goals of the Commission's Green paper 
on  satellite  and  noted  with  interest  the  Commission's  intention  to  propose, 
where  required,  the  measures  necessary  to  achieve  a  number  of  major  goals 
and to analyse the effects  on the industry. 

in  the 
Council  Resolution  (1993)  on  the  review  of  the  situation 
telecommunications  sector3.  The  Council,  in  line  with  a  number  of  major 
goals it  has identified,  supported  the Commission's  intention  to  publish  green 
papers  on  mobile/personal  communications  and  on  the  future  policy  for 
the 
telecommunications 
regulatory  framework  before  1996  in  order  to  achieve  liberalisation  of  all 
public  voice  telephony  services  by  1998.  It  also  outlined  as  major  goals  a 
number of measures to take into account the situation in peripheral regions. 

to  prepare  amendments  to 

infrastructure;  and 

The  Council  approved  a  Resolution4  in  1994  on  the  first  part  of  the 
Commission's  Green  Paper  on  Infra struct ure 
the 
liberalisation  of  all  infrastructure  and  the  establishment  of  the  regulatory 
framework  necessary for  effective  liberalisation  by  1998; and the  presentation 
by the Commission to the European Parliament and the Council before  1996 of 
regulatory  modifications  needed  for 
infrastructure 
competition. 

This  called  for 

introduction  of 

the 

1  Council  Directive  of  28  June  1990.  on 

for 
telecommunications  services  through  the  implementation, of  open  network  provision,  (90/387/EEC; 
OJL192/1,  24.07.90) 

the  establishment  of 

internal  market 

the 

2  Council  Resolution  of  19 December  1991  on  the  development  of  the  common  market  for  satellite 

communications services and equipment (92/C 8/01; OJ C8/1,  14.01.92) 

3  Council Resolution  of 22 July  1993 on  the  review  of the situation  in  the  telecommunications  sector 

and the need for further  development in that market (93/C 213/01; OJ 93 C213/1, 06.08.93) 

4  Council  Resolution  of  22  December  1994  on  the  principles  and  timetable  for  the  liberalisation  of 

telecommunications infrastructures  (94/C 379/03; OJ C 379/4, 31.12.94) 

3 

5 

6. 

7 

8. 

defb5401-19  October  1995 

Council  Resolution  (1994)  on  postal  services5  Commission  to  propose  the 
measures  necessary  for  implementing  a  Community  policy  on  postal  services, 
and  to  contribute  to  the  definition  of  a  clear  framework  for  a  new  terminal 
dues  system. 

the  Commission's 

Council  Resolution  (1994)  on  advanced  broadcasting6 
The  Council 
the  process  of 
welcomed 
standardisation  of  digital  TV  and  encourage  the  development  of  digital  video 
broadcasting.  It  invited  the  Commission  to  monitor  relevant  developments  in 
relation to the sector  and to propose  action which  may be  appropriate. 

to  encourage 

intention 

Council  Resolution  (1995)  on  infrastructure  liberalisation7  The  Council 
endorsed  the  results  of  the  public  consultation  carried  out  by  the  Commission 
on  the  Green  Paper  on  Infrastructure.  It  provided  a political  framework  for  a 
common  approach  on  the  key  regulatory  issues  of  interconnection,  universal 
service  and  licensing,  and  requested  the  Commission  to  present,  by  1 January 
1996,  the  legislative  measures  necessary  in  these  areas  to  establish  the 
regulatory framework  for the full  liberalisation  of services and  infrastructure. 

Article  155  (1st  indent)  of  the  Treaty  provides  that  the  Commission  shall 
ensure  the  application  of  Community  Law.  In  this  framework  a  number  of 
directives8  require  the  Commission  to  prepare  periodical  reports  to  the 
European  Parliament  and  to  the  Council  regarding  the  current  state  of 
implementation  of the directives. 

Further resolutions  are expected  from  Parliament  and from  Council  during  1995. 

The  Commission  proposes  that  the  Council  adopt  the  attached  decision,  after  consulting 
the  European  Parliament  and  the  Economic  and  Social  Commitee. 

5  Council  Resolution  of  7  February  1994  on  the  development  of  Community  postal  services 

(94/C48/02, OJC 48/3,  16.02.94) 

6  Council  Resolution  of  27  June  1994  on  a  framework  for  Community  policy  on  digital  video 

broadcasting (94/C  181/02, OJ C 181/3, 02.07.94) 

7  Council  Resolution of  18 September  1995 on (lie establishment of the future  regulatory  framework  for 

telecommunications (not yet published) 

* 

In  particular.  Article  15  of  the  Terminals  directive  (Council  Directive  of  29  April  1991  on  the 
approximation of the laws of the Member States concerning telecommunications  terminal  equipment, 
including the mutual  recognition of their conformity,  91/263/EEC; OJ  L128/1,  23.05.91)  and  Article 
14 of the Leased lines directive (Council  Directive of 5 June  1992 on the application  of open  network 
provision to leased  lines. 92/44/EEC; OJ L165/27,  19.06.9?). 

SUMMARY 

This  proposal  is  being  presented  in  line  with  the  Commission's  decision  to  seek  a  legal 
base for a number of budgetary  lines, as set out  in the Communication  of the Commission 
to  the  Budgetary  Authority  (Communication  from  the  Commission  on  Global  Amounts 
and Basic Act, SEC(94)1106 final, 6.07.1994). 

The  areas  of  the  Commission's  work  on  Telecommunications  and  Posts  are  defined  by 
Treaty  provisions  and  specified  by  the  Council  and  the  Parliament  in  Resolutions  and 
Directives.  Together  these  provide  a  programme  of  work,  generally  according  to  a 
specific time-table. 

These  Treaty  provisions,  Resolutions  and  Directives  require  (or,  in  the  case  of  certain 
Resolutions, encourage) the Commission to  act  in various ways in order to  study and lay 
down  objectives  and  actions  which  further  define  and  implement  the  Community 
Telecommunications  and Postal policy,  including the initiation of analysis, eliciting public 
comments and monitoring the application of legislation. 

These actions require a range of support activities, including the commissioning of studies 
and  the  organisation  of  seminars  and  consultations,  in  order  to  analyse  markets, 
technologies,  objectives  and  policies;  as  well  as  the  submission  of  mandates  to 
standardisation  and  frequency  bodies.  These  activities  are  funded  from  the  Budget  line 
B5-401. 

6" 

Proposal  for a 

COUNCIL  DECISION 

REGARDING  THE  DEFINITION  AND  IMPLEMENTATION  OF 
COMMUNITY  POLICY  IN  THE  FIELD  OF  TELECOMMUNICATIONS 
AND POSTAL  SERVICES 

THE COUNCIL OF THE EUROPEAN UNION 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 235 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament; 

Having regard to the opinion of the Economic And Social Committee, 

the  development  of  a  regulatory  framework; 

Whereas the objectives  of the Community Telecommunications  and Postal  policy include, 
in  particular,  the  progressive  creation  of  an  open  single  market  in  Telecommunications 
and  Postal  services  through 
the 
harmonisation  of  general  principles  for  access  to  and  use  of  network  infrastructure;  the 
definition  of  universal  service  and  its  means  of  financing;  contribution  to  Community 
coherence  and  cohesion;  participating  in the promotion  of new audiovisual  services; the 
assurance  of Community-wide  network  interconnection  and  interoperability,  in  particular 
through  Trans-European  Networks  for  Telecommunications;  and  the  development  of 
external aspects of the Community's policy; 

Whereas Treaty provisions and Council and Parliament Resolutions and Directives require 
the  Commission  to  act  in various  ways,  in  order  to  study  and  lay  down  objectives  and 
actions  which  further  define  and  implement  the  Community  Telecommunications  and 
Postal  policy;  whereas  this  includes  initiating  analysis,  drawing  up  analysis  and  progress 
reports,  eliciting  comment  from  industry  and  the  public,  drawing  up  proposals  for 
legislation,  monitoring the application of legislation and ensuring the timely availability of 
European standards and the necessary frequency  resources on a pan-European basis; 

Whereas  these  actions  require a range of support  activities,  including  the  commissioning 
of studies and the organisation of seminars and consultations, in order to analyse markets, 
technologies,  objectives  and  policies; the  commissioning  of work  contributing  to  actions 
in  the  area  of  cohesion  and  international  co-operation;  as  well  as  the  submission  of 
mandates to standardisation and frequency bodies; 

Whereas the Treaty does not provide, for the adoption of this Decision,  powers  of action 
other than those of Article 235, 

HAS ADOPTED THIS DECISION: 

6 

Article 1 

This Decision concerns the definition  and implementation of Community policy in the field 
of Telecommunications  and Postal  Services,  and  the monitoring  of the  application  of the 
legislative provisions adopted within the framework of that  policy,  which  are listed  in the 
Annex of this Decision. 

Article 2 

1. The Commission shall be responsible for carrying out the tasks defined  in Article 1. 

2.  In carrying out  these tasks, the Commission  shall have regard  to  the objectives  of the 
Community policy in the field of Telecommunications and Postal Services, which include: 

-  creating,  on  a  progressive  basis,  an  open  single  market  in  telecommunications 
services, fixed and mobile infrastructure,  and satellite communications, through the 
development  of a regulatory  framework,  in order  to  facilitate  the transition  to the 
European information  society, acknowledging public service obligations; 

-  creating,  on a progressive basis, an open  single market  in postal  services, through 
the  development  of  a  regulatory  framework  and  the  promotion  of  efficient  and 
high  quality  interoperable  postal  services  at  affordable  prices,  acknowledging 
public service obligations; 

-  ensuring  harmonisation  of  general  principles  for  access 

telecommunications  network 
standards, where necessary; 

infrastructure,  and 

the 

-  defining universal service and its means of  financing; 

to  and  use  of 
timely  availability  of 

-  fully  integrating  all regions  of the Union,  in particular  the less favoured,  into  the 
emerging  European  information  society,  through  measures  contributing  to 
Community coherence and cohesion; 

-  ensuring the timely availability of frequency  resources and numbering systems in a 

harmonised manner; 

-  developing  an open,  Community-wide  market  for  telecommunications  equipment 

and terminals; 

-  continuing  Community  measures 

regarding  common 

standards 

in 

the 

telecommunications sector; _ 

-  participating  in  the  promotion  of  the  Community-wide  introduction  of  new 

audiovisual services; 

-  developing the  appropriate  regulatory  framework  concerning  telecommunications 
infrastructures  and  services  for  the  future  multimedia  environment,  where 
necessary; 

-  contributing to the development of co-operation between the Community and third 

countries', developing external aspects of the Community's policy; and 

¥ 

-  creating 

or 

ensuring  Community-wide 

interconnection 
through  Trans-European  Networks 

network 

and 
for 

interoperability, 
telecommunications, 

in  particular 

Article 3 

For  the  fulfilment  of  the  tasks  defined  in  article  2,  the  Commission  may  undertake  any 
suitable action, in particular: 

-  awarding  contracts  for  the  execution  of  the  tasks  of  analysis,  forward  studies, 
specific  studies,  co-ordination  and  evaluation,  as  well  as  for  the  co-financing  of 
certain actions; 

-  organising,  participating 

consultations  with  interested  parties,  seminars;  and  supporting 
dissemination and publication; 

in  and  supporting  expert  meetings,  conferences, 
information 

-  contributing to the development of co-operation between the Community and third 

countries; and 

-  submitting mandates to standardisation and frequency bodies; 

-  purchasing and operating necessary equipment. 

Article 4 

The control of payments for any services, or preparatory,  feasability  or evaluation studies 
requested,  shall be carried out by the Commission's services prior to payment, taking into 
account  any  contractual  obligations,  economic  principles  and  good  financial  or 
management  practice.  Anti-fraud  provisions  (supervision,  reporting  requirements,  etc) 
shall  be  included  in all  agreements  and  contracts  made  beween  the  Commission  and  the 
recipient of any payments. 

Article 5 

The Commission shall present to the European Parliament and the Council a report on the 
execution  of these activities, including an evaluation  of progress made towards achieving 
Community objectives, every three years. 

Done at Brussels, 

For the Council 

The President 

<f> 

Annex 

L I ST  OF  LEGISLATIVE  PROVISIONS  ADOPTED  TO  DATE  IN THE  F I E LD  OF 

TELECOMMUNICATIONS  AND  POSTS 

COUNCIL  RECOMMENDATION  of  12  November  1984  concerning 
implementation  - of  harmonisation 
(S4/549/EEC;OJ  L298/49,  16.11.84) 

the 
telecommunications 

field  of 

the 

in 

COUNCIL  RECOMMENDATION  of  12  November  1984  concerning  the  first 
phase  of  opening  up  access 
contracts 
(84/550/EEC; OJL298/51,  16.11.84) 

telecommunications 

to  public 

COUNCIL  DECISION  of 25  July  1985  on  a  definition  phase  for  a  Community 
action  in  the  field  of  telecommunications 
technologies  -  R+D  programme  in 
advanced  communication  technologies  for  Europe  (RACE)  (85/372/EEC;  OJ 
L210/24,  07.08.85) 

COUNCIL  RESOLUTION  of  9  June  1986  on  the  use  of  vidéoconférence  and 
videophone  techniques  for  intergovernmental  applications  (86/C  160/01.  OJ 
C160/01,  27.06.86) 

COUNCIL  DIRECTIVE  of  24  July  1986  on  the  initial  stage  of  the  mutual 
recognition  of 
terminal  equipment 
type  approval  for 
(86/361/EEC; OJ L217/21,  05.08.86) 

telecommunications 

COUNCIL  REGULATION  of  27  October  1986  instituting  a  Community 
programme  for 
regions  of  the 
Community  by  improving  access  to  advanced  telecommunications  services 
(STAR programme)  (3300/86/EEC; OJL305/1,  31.10.86) 

the  development  of  certain 

less-favoured 

COUNCIL  DIRECTIVE  of  3  November  1986  on  the  adoption  of  common 
technical  specifications  of the MAC/packet  family  of standards  for  direct  satellite 
television broadcasting  (86/529/EEC; OJ L311/28,  06.11.86) 

COUNCIL  DECISION  of  22  December  1986  on  standardisation  in the  field  of 
telecommunications  (87/95/EEC;  OJ  L36/31, 
information 
07.02.87) 

technology  and 

COUNCIL  RECOMMENDATION  of  22  December  1986  on  the  co-ordinated 
introduction  of the Integrated  Services Digital  Network  (ISDN)  in the  European 
Community (86/659/EEC; OJ L382/36,  31  12.86) 

^ 

COUNCIL  RECOMMENDATION  of  25  June  1987  on  the  co-ordinated 
introduction  of  public  pan-European  cellular  digital 
land-based  mobile 
communications  in the Community  (87/371/EEC; OJ  LI96/81,  17.07.87) 

COUNCIL  DIRECTIVE  OF  25  June  1987  on  the  frequency  bands  to  be 
reserved  for  the co-ordinated  introduction  of public pan-European  cellular  digital 
land-based  mobile  communications  in  the  European  Community  (87/372/EEC; 
OJL196/85,  17.07.87) 

COUNCIL  DECISION  of  5  October  1987  introducing  a  communications 
network  Community  programme  on  trade  electronic  data  interchange  systems 
(TEDIS) (87/499/EEC; OJ L285/35,  08.10.87) 

COUNCIL  DECISION  of  14  December  1987  on  a  Community  programme  in 
the field of telecommunications  technologies  - research  and  development  (R&D) 
in  advanced  communications  technologies 
in  Europe  (RACE  programme) 
(88/28/EEC; OJL16/35,  21.01.88) 

COMMISSION  DIRECTIVE  of  16 May  1988 on  competition  in  the  markets  in 
telecommunications  terminal equipment  (88/301/EEC; OJ L131/73,  27.05.88) 

COUNCIL  RESOLUTION  of 30 June  1988 on  the development  of the  common 
market  for  telecommunications  services  and  equipment  up  to  1992  (88/C 
257/01; OJC257/1,  04.10.88) 

COUNCIL  DECISION  of  5  April  1989  amending  Decision  87/499/EEC 
introducing  a  communications  network  Community  programme  on 
trade 
interchange  systems  (TEDIS)  (89/241/EEC;  OJ  L  97/46, 
electronic  data 
11.04.89) 

COUNCIL  RESOLUTION  of  27  April  1989  concerning  standardisation  in  the 
fields  of  information  technology  and  telecommunications  (89/C  117/01;  OJ 
CI 17/1,  11.05.89 

COUNCIL  DECISION  of  27  April  1989  on  high-definition 
(89/337/EEC; OJL142/1,  25.05.89) 

television 

COUNCIL DIRECTIVE  of 3 May  1989 on the  approximation  of the laws of  the 
Member  States  relating  to  electromagnetic  compatibility  (89/336/EEC;  OJ 
L139/19,  23.05.89) 

COUNCIL  RESOLUTION  of  18  July  1989  on  the  strengthening  of  the  co 
ordination  for  the  introduction  of  the  Integrated  Service  Digital*  Network 
(ISDN)  in  the  European  Community  up  to  1992  (89/C  196/04;  OJ  CI96/4, 
01.08.89) 

COUNCIL  DECISION  of 7 December  1989  on  the  common  action  to  be  taken 
by the  Member  States  with  respect  to  the  adoption  of  a  single world-wide  high-
definition 
television  production  standard  by  the  Plenary  Assembly  of  the 
International  Radio  Consultative  Committee  (CCER.)  in  1990  (89/630/EEC;  OJ 
L363/30,  13.12.89) 

ÀO 

COUNCIL  RESOLUTION  of  22  January  1990  concerning  trans-European 
networks (90/C 27/05; OJ C27/8, 06.02.90) 

COUNCIL  RESOLUTION . of  28  June  1990  on  the  strengthening  of  the 
European-wide  co-operation  on  radio  frequencies,  in  particular  with  regard  to 
services with a pan-European dimension (90/C  166/02; OJ C 166/4, 07.07.90) 

COUNCIL  DIRECTIVE  of 28  June  1990  on  the  establishment  of  the  internal 
market  for  telecommunications  services  through  the  implementation  of  open 
network provision (90/387/EEC; OJ L192/1, 24.07.90) 

COMMISSION DIRECTIVE of 28 June  1990 on competition in the markets for 
telecommunications services (90/388/EEC; OJ L192/10, 24.07.90) 

COMMISSION  DECISION  of  30  July  1990  setting  up  a  Joint  Committee  on 
Telecommunications  Services (90/450/EEC; OJ L230/25, 24.08.90) 

COUNCIL DIRECTIVE  of  17 September  1990 on procurement  procedures  of 
entities operating in the water, energy, transport  and telecommunications  sectors 
(90/531/EEC; OJ L297/1, 29.10.90) 

COUNCIL  RECOMMENDATION  of  9  October  1990  on  the  co-ordinated 
introduction  of pan-European  land-based  public radio  paging  in the Community 
(90/543/EEC; OJL310/23, 09.11.90) 

COUNCIL  DIRECTIVE  of 9 October  1990 on the frequency  bands  designated 
for  the  co-ordinated  introduction  of  pan-European  land-based  public  radio 
paging in the Community (90/544/EEC; OJ L310/28, 09.11.90) 

COUNCIL  RESOLUTION  of  14 December  1990 on the final stage  of the  co 
ordinated introduction  of pan-European  land based  public digital mobile cellular 
communications  in  the  Community  (GSM)  (90/C/  329/09;  OJ  C329/25, 
31.12.90) 

COUNCIL DIRECTIVE  of 29 April  1991 on the approximation  of the laws of 
the  Member  States  concerning 
terminal  equipment, 
including the mutual  recognition  of their  conformity  (91/263/EEC;  OJ L128/1, 
23.05.91) 

telecommunications 

the 

COUNCIL DIRECTIVE of 3 June  1991 on the frequency  band to be designated 
cordless 
for 
telecommunications  (DECT)  into  the  Community  (91/287/EEC;  OJ  L  144/45, 
08.06.91) 

digital  European 

co-ordinated 

introduction 

of 

COUNCIL  RECOMMENDATION  of  3  June  1991  on  the  co-ordinated 
introduction  of digital  European  cordless  telecommunications  (DECT)  into  the 
Community (91/288/EEC; OJL144/47, 08.06.91) 

COUNCIL  DECISION  of  7  June  1991  adopting  a  specific  research  and 
technological  development  programme 
the  field  of  communication 
technologies (1990 to  1994) (91/352/EEC; OJ L192/8, 16.07.91) 

in 

M 

COUNCIL  DECISION  of  7  June  1991  adopting  a  specific  programme  of 
icsearch  and  technological  development  in the field of  lelematic  systems  in  areas 
of general  interest  (1990  to  1994) (91/353/EEC; OJ L192/18,  16.07.91) 

COUNCIL  DECISION  OF  22  July  1991  establishing  the  second  phase  of  the 
TEDIS  programme  (Trade  electronic  data  interchange  systems)  (91/385/EEC; 
OJL208/66,  30.07.91) 

COUNCIL DECISION  of 29 July  1991 on the introduction  of a single  European 
emergency  call number  (91/396/EEC; OJ L217/31,  06.08.91) 

GUIDELINES  ON THE  APPLICATION  OF EEC  COMPETITION  RULES  IN 
THE  TELECOMMUNICATIONS  SECTOR 
(91/C  233/02;  OJ  C233/2, 
06.09.91) 

COUNCIL  RESOLUTION  of  18  November  1991  concerning  electronics, 
information  and  communication 
technologies  (91/C  325/02;  OJ  C325/2, 
14.12.91) 

COUNCIL  RESOLUTION  of  19  December  1991  on  the  development  of  the 
common  market  for  satellite  communications  services  and  equipment  (92/C 
8/01;OJC8/l,  14.01.92) 

laws, 
COUNCIL  DIRECTIVE  of  25  February  1992  co-ordinating 
regulations  and  administrative  provisions  relating 
the  application  of 
community  rules  on  the  procurement  procedures  of  entities  operating  in  the 
water,  energy,  transport  and  telecommunications  sectors  (92/13/EEC;  OJ 
L76/14,  23.03.92) 

the 

to 

A*L 

COUNCIL  DECISION  of  31  March  1992  in  the field of  security  of  information 
systems (92/242/EEC;  OJ L123/19,  08.05.92) 

COUNCIL  DIRECTIVE  of  28  April  1992  amending  Directive  89/336/EEC  on 
the  approximation  of  the  laws  of  the  member  states  relating  to  electromagnetic 
compatibility  (92/31/EEC; OJ L126/11,  12.05.92) 

COUNCIL  DIRECTIVE  of  11  May  1992  on  the  adoption  of  standards  for 
satellite broadcasting  of television  signals (92/38/EEC; OJ L137/17,  20.05.92) 

COUNCIL  DECISION  of  11  May  1992  on  the  introduction  of  a  standard 
international 
in  the  Community  (92/264/EEC;  OJ 
L137/21,  20.05.92) 

telephone  access  code 

COUNCIL  DIRECTIVE  of  5  June  1992  on  the  application  of  open  network 
provision to leased  lines (92/44/EEC; OJ L165/27,  19.06.92) 

COUNCIL  RESOLUTION  of 5 June  1992 on the development  of the  integrated 
services  digital  network  (ISDN) 
in  the  Community  as  a  European-wide 
telecommunications  infrastructure  for  1993  and  beyond  (92/C;  OJ  CI58/1, 
25.06.92) 

COUNCIL  RECOMMENDATION  of  5  June  1992  on  the  application  of  open 
network  provision  to  public  packet  switched  data  services  (92/382/EEC;  OJ 
L200/1,  18.07.92) 

COUNCIL  RECOMMENDATION  of  5  June  1992  on  the  application  of  open 
network  provision  to ISDN (92/383/EEC; OJ L200/10,  18.07.92) 

COMMISSION  DECISION  of  15  July  1992  amending  the  lists  of  standards 
institutions-  annexed 
to  Council  Directive  83/189/EEC  (92/400/EEC;  OJ 
L221/55,  06.08.92) 

COUNCIL  RESOLUTION  of  19 November  1992  on  the  implementation  in  the 
Community  of the  European  Radiocommunications  Committee  Decisions  (92/C 
318/01; OJC318/1,  04.12.92) 

COUNCIL  RESOLUTION  of  19 November  1992 on the  promotion  of  Europe-
wide  co-operation  on  numbering  of  telecommunications  services  (92/C  318/02; 
OJC318/2,  04.12.92) 

^b 

the 
EUROPEAN  PARLIAMENT  RESOLUTION  of  20  April  1993  on 
Commission  communication  "Towards  cost  orientation  and  the  adjustment  of 
pricing  structures  -  Telecommunications  tariffs  in  the  Community"  -  (A3-
0117/93;  OJC150/37,  31.05.93) 

EUROPEAN  PARLIAMENT  RESOLUTION  of  20  April  1993  on 
the 
Commission's  1992  review  of  the  situation  in  the  telecommunications  services 
sector  (A3-0113/93; OJC150/39,  31.05.93) 

COUNCIL  DIRECTIVE  93/38/EEC  of  14  June  1993  co-ordinating 
the 
procurement  procedures  of  entities  of  entities  operating  in  the  water,  energy, 
transport  and  telecommunications 

COUNCIL  RESOLUTION  of 22  July  1993  on  the technology  and  standards  in 
the field of advanced television  services (93/C  209/01; OJ C 209/1,  03.08.93) 

COUNCIL  DECISION  of 22 July  1993 on  an  action  plan  for  the  introduction  of 
advanced  television  services in Europe (93/424/EEC; OJ L196/48,  05.08.93) 

COUNCIL  RESOLUTION  of 22 July  1993  on  the  review  of  the  situation  in  the 
telecommunications  sector  and  the  need  for  further  development.in  that  market 
(93/C  213/01; OJ C213/1,  06.08.93) 

Telecommunications:  open network  provision  ONP  list of standards  (third  issue) 
(93/C 219/02; OJ 93/C 219/02,  13.08.93) 

Telecommunications:  open  network  provision  for  leased  lines  (93/C  277/04;  OJ 
C  277/9,  15.10.93) 

COUNCIL  DIRECTIVE  93/97/EEC  of  29  October  1993  supplementing 
Directive  91/263/EEC 
equipment 
(93/C97/EEC: OJL290/1,  24.11.93) 

respect  of  satellite  earth 

station 

in 

COUNCIL  RESOLUTION  OF 7 December  1993  on the introduction  of  satellite 
personal  communication  services  in  the  Community  (93/C  339/01;  OJ  C339/1, 
16.12.93) 

COMMISSION  DECISION  of  21  December  1993  on  a  common  technical 
regulation  for  the  general  attachment  requirements  for  public  pan-European 
cellular  digital  land-based  mobile  communications  (94/11/EC;  OJ  L  8/20, 
12.01.94) 

COMMISSION  DECISION  of  21  December  1993  on  a  common  technical 
regulation  for  the  telephony  application  requirements  for  public  pan-European 
cellular  digital  land-based  mobile  communications  (94/12/EC;  OJ  L  8/23, 
12.01.94) 

AU 

COUNCIL RESOLUTION of 7 February  1994 on universal service principles in 
the telecommunications sector (94/C 48/01; OJ C48/1,  16.02.94) 

Commission Statement concerning Council resolution on universal service in the 
telecommunications sector (94/C 48/06; OJ C48/8, 16.02.94) 

COUNCIL  RESOLUTION  of  7  February  1994  on  the  development  of 
Community postal services (94/C 48/02; OJ C48/3,  16.02.94) 

EUROPEAN  PARLIAMENT  RESOLUTION  of  6  May  1994  on 
the 
communication from the Commission accompanied by the proposal for a Council 
resolution  on universal  service  principles  in the telecommunications  sector (A3-
0317/94; OJ C 205/551, 25.07.94) 

COMMISSION  DECISION  of  15  June  1994  on  amendment  of  Annex  II  of 
Council Directive 92/44/EEC (94/439/EC: OJ LI81/40,  15.07.94) 

COUNCIL  RESOLUTION  of  27  June  1994  on' a  framework  for  Community 
policy on digital video broadcasting (94/C  181/02; OJ C181/3, 02.07.94) 

COMMISSION DECISION of  18 July  1994 on a common  technical  regulation 
for  attachment  requirements  for  terminal  equipment  interface  for  ONP  2  048 
kbit/s digital unstructured leased line (94/470/EC OJ L194/87, 29.07.94) 

COMMISSION  DECISION  of  18 July  1994 on a common  technical  regulation 
for  general  terminal  attachment  requirements  for  Digital  European  Cordless 
Telecommunications (DECT) (94/471/EC; OJ L194/89, 29.07.94) 

COMMISSION  DECISION  of  18 July  1994 on a common technical  regulation 
for 
for  Digital  European  Cordless 
Telecommunications (DECT) (94/472/EC; OJ LI 94/91, 29.07.94) 

telephony  application 

requirements 

Telecommunications  :  Open  network  provision  (ONP)  for  leased  lines  -
Conciliation procedure (94/C 214/04; OJ C214/4, 04.08.94) 

COMMISSION DIRECTIVE 94/46/EC of 13 October  1994 amending Directive 
88/3 01/EEC  and  Directive  90/388/EEC  in  particular  with  regard  to  satellite 
communications (OJL268/15,  19.10.94) 

COMMISSION  DECISION  of  18  November  1994  on  a  common  technical 
regulation  for  the  pan-European  integrated  services  digital  network  (ISDN) 
primary rate access (94/796/EC; OJ L329/1, 20.12.94) 

COMMISSION  DECISION  of  18  November  1994  on  a  common  technical 
regulation  for  the  pan-European  integrated  services  digital  network  (ISDN) 
basic access (94/797/EC; OJ L329/14, 20.12.94) 

Vf<T 

COUNCIL  RESOLUTION  of  22  December  1994  on 
timetable  for 
379/03; O JC  379/4,  31.12.94) 

the  liberalisation  of  telecommunications 

the  principles  and 
infrastructures  (94/C 

COUNCIL  RESOLUTION  of 22 December  1994 on  further  development  of  the 
Community's  satellite  communications  policy,  especially  with  regard  to  the 
provision  of,  and  access  to,  space  segment  capacity  (94/C  379/04;  OJ  C379/5, 
31.12.94) 

Basic policy documents published by the  Commission: 

Green  Paper  on  the  development  of  the  Common  Market  for  Telecommunications 
services and  equipment  (COM(87)290,  30.06.87) 

Green  Paper  on  a  common  approach  in  the  field  of  satellite  communications  in  the 
European  Community  (COM(90)490,  28.11.90) 

1992  Review  of  the  Situation  in  the  telecommunications  services  sector  (SEC(92) 
1048)  and  Communication 
the 
consultation  on  the  review  of  the  situation  in  the  telecommunications  sector 
(COM(93)  159 final) 

the  Council  and  European  Parliament  on 

to 

Green  Paper  on  a  common  approach 
communications  in the European  Union (COM(94)145,  27.04.94) 

in  the  field  of  mobile  and  personal 

Green  Paper  on  the  liberalisation  of  Telecommunications  Infrastructure  and  cable 
television networks: Part  One (COM(94)440,  25.10.94) 

Green  Paper  on  the  development  of  the  single  market  for  postal  services  (COM(91)476, 
11.06.92) 

Guidelines  for  the  development  of  Community  postal  services;  Communication  from  the 
Commission to the Council  and the European  Parliament  (COM(93)247,  02.06.93) 

Green  Paper  on  the  liberalisation  of  Telecommunications  Infrastructure  and  Cable  TV 
networks,  Part  Two  (COM(94)682,  25.1.95). 

Communication  on  Digital  Video  Broadcasting,  A  Framework  for  Community  Policy, 
COM (93) 557  final,  17.11.93. 

Ai 

F I N A N C I AL  S T A T E M E NT 

1. 

Title of Action 

"Proposal  for  a  Council  Decision  regarding  the  definition  and  implementation  of 
Community policy in the field of Telecommunications and Postal services" 

2. 

Budget Line 

B5-401 (see title above) 

3. 

Legal Basis 

Article 235 

4. 

Description 

4.1 

Specific Objectives of the Action 

The  actions  covered  by  this  budget  line  are  aimed  at  supporting  the  definition  and 
implementation  of  Community  policy  in  the  field  of  Telecommunications  and  Postal 
Services, and the monitoring of the application of the legislative provisions adopted within 
the framework of that policy, as required by Treaty provisions and by the Council and the 
European Parliament. 

The specific  objectives  of the Community Telecommunications  and Postal  policy include, 
in particular: 

-  creating,  on  a  progressive  basis,  an  open  single  market  in  telecommunications 
services, fixed and mobile infrastructure,  and satellite communications, through the 
development  of a regulatory framework, in order to facilitate  the transition  to the 
European information  society, acknowledging public service obligations; 

-  creating, on a progressive basis, an open single market  in postal  services, through 
the  development  of  a  regulatory  framework  and  the  promotion  of  efficient  and 
high  quality  interoperable  postal  services  at  affordable  prices,  acknowledging 
public service obligations; 

-  ensuring  harmonisation  of  general  principles  for  access 

to  and  use  of 
timely  availability  of 

telecommunications  network 
standards, where necessary; 

infrastructure,  and 

the 

-  defining universal service and its means of  financing; 

Ai-

-  fully  integrating  all  regions  of  the  Union,  in  particular  the  less  favoured,  into  the 
to 

through  measures  contributing 

information  society, 

emerging  European 
Community  coherence  and  cohesion; 

-  ensuring  the  timely  availability  of  frequency  resources  and  numbering  systems  in a 

harmonised  manner; 

-  developing  an  open,  Community-wide  market  for  telecommunications  equipment 

and  terminals; 

-  continuing  Community  measures 

regarding 

common 

standards 

in 

the 

telecommunications  sector; 

-  participating  in  the  promotion  of  the  Community-wide  introduction  of  new 

audiovisual  services; 

-  developing  the  appropriate  regulatory  framework  concerning  telecommunications 
the  future  multimedia  environment,  where 

infrastructures  and  services  for 
necessary; 

-  contributing to  the development  of co-operation  between the  Community  and  third 

countries; developing  external  aspects  of the Community's  policy; and 

-  creating 

or 

ensuring  Community-wide 

interconnection 
through  Trans-European  Networks 

network 

and 
for 

interoperability, 
in 
telecommunications. 

particular 

The  support  actions include  the commissioning  of studies  and  the organisation  of  seminars 
and  consultations,  in  order  to  analyse  markets,  technologies,  objectives  and  policies;  the 
commissioning  of  work  contributing  to  actions  in  the  area  of  cohesion  and  international 
co-operation;  as  well  as  the  submission  of  mandates  to  standardisation  and  frequency 
bodies. 

4.2 

Duration 

Legal basis with  an indeterminate  duration,  evaluated  every three  years 

5. 

Classifications 

-  Non-obligatory  expenditure 

-  Dissociated  credits 

Al 

6. 

Nature of Spending 

-  100% funding: 

-  Award  of  contracts  for  the  execution  of  the  tasks  of  analysis,  forward 

studies, specific studies, co-ordination and evaluation. 

-  Submission  of mandates  to  standardisation  and  frequency  bodies  as well as 
expenditure  related  to  the  dissemination  of  standards  in  the  different 
Community languages. 

-  Purchase and operation of necessary equipment. 

-  Organisation,  participation  in and  support  of expert  meetings,  conferences, 
consultations with interested parties, seminars and information  dissemination 
and publication. 

-  Funding for co-financing  with other sources of the public or private sector: 

-  Award of contracts for the co-financing of actions. 

"*-  Multiclient studies. 

Any revenue  will be  available  for  re-use,  in  accordance  with  Article  27  of  the  Financial 
Regulation  of  21  December  1977  applicable  to  the  general  budget  of  the  European 
Communities  (OJ No  L356,  31.12.1977,  p.l  ),  as  last  amended  by  Regulation  (ECSC, 
EC, Euratom) No 2730/94 (OJ No L293,  12.11.1994, p.7). 

7. 

Financial implication  for commitment credits 

7.1 

Method of calculation of the cost of the action for  the 1996 exercise 

The financial implications  of pursuing  these objectives  are continuously  evaluated  on  the 
basis  of  experience  of  developing  Community  policy  on  telecommunications  and  posts 
since  1984,  taking  into  account  foreseeable  elements  of the  policy  in  the  coming  years. 
The  effort  up  until  1998  will  continue  to  focus  on  strategic  aspects,  owing  to  the  very 
rapid  development  of  technology,  markets  and  trade  in  these  sectors  (particularly  the 
telecom  sector),  as  well  as  on  the  continuing  action  of  monitoring  the  application  of 
Community legislation.  The regulatory area will continue to be the subject  of a substantial 
effort,  since it is necessary to complete the législation  in the  areas already identified,  and 
to  adapt  it  to  new  developments.  Lastly,  a  more  intensive  level  of  preparatory  work 
should be ensured on the question of Community cohesion (whose operational aspects are 

/9 

financed  by the structural  funds  or financial instruments aimed at economic re-launching), 
particularly in view of the Treaty on European Union. 

The  whole  range  of  activities  will  have  to  take  on  a  new  dimension  following  the 
proposals  introduced  in  the  White  Paper  on  Growth,  Competitivity  and  Employment, 
particularly  as  regards  the  implementation  of  information  highways.  Moreover,  the 
presentation  to  the  Council  and  European  Parliament,  as  required  by  them,  of  specific 
measures in the areas of posts as well as telecommunications  infrastructure  liberalisation, 
will  involve  an  increase  of  activity.  Finally,  the  addition  of  three  new  Member  States 
brings an increase in the total amount  of work,  particularly  in the area of monitoring and 
implementation of Community measures. 

7.2 

Breakdown by elements of action 

Breakdown 

95  Budget 

96  APB 

97  APB 

Strategic 
development 

Development 
of  markets 

Community 
cohesion 

Regulatory 
area 

TOTAL 

2.2 

2.8 

0.6 

2.9 

8.5 

2.4 

3.0 

0.6 

2.5 

8.5 

2.6 

3.0 

0.8 

2.6 

9.0 

Commitment credits in MECUs 

7.3 

Schedule for pluriannual actions 

Year 

1995 

1996 

1997 

1998 and 
following 
years 

8.5 

8.5 

9 

pm 

Commit 
ment 
Credits 

(Commitment credits in MECUs) 

£b 

8.  Anti-fraud  measures  foreseen  (and  the result of their  implementation) 

The control  of payments  for  any services,  or  preparatory,  feasibility  or evaluation  studies 
requested,  is  carried  out  by  the  Commission's  services  prior  to  payment,  taking  into 
account  any  contractual  obligations,  economic  principles  and  good  financial  or 
management  practice.  Anti-fraud  provisions  (supervision,  reporting  requirements,  etc) 
will  be  included  in all  agreements  and  contracts  made  between  the  Commission  and  the 
recipients of any payments. 

9. 

Elements of cost-effectiveness  analysis 

9. J 

Objectives and target audience 

Between  1993 and  1995 approximately  ten  legislative  measures  were  prepared  each year 
in  the  area  of  the  regulation  of  the  sector  and  the  technical  co-ordination  of  the 
development  of  services.  For  1996  to  1998  it  is difficult  to  make  an  estimation  in  the 
legislative area, owing to political uncertainties which may arise.  However,  it is clear that 
in addition to  adaptations  of measures  already taken,  further  legislation  will be necessary 
to  meet  the  requests  set  out  by  the  Council,  in  particular  in  its  resolutions  on  the 
liberalisation of public voice telephony services and telecommunications  infrastructure. 

Target audience: governments, Telecommunications network operators, service providers, 
users, social partners. 

9.2 

Justification of the Action 

The  Commission  is  obliged  both  by  Treaty  provisions  and  by  the  Council  and  the 
European  Parliament  to  define  and  implement  Community  policy  in  the  field  of 
telecommunications  and postal services, and these objectives  can only be properly  carried 
out with the backing of support  activities, given the complex and fast-changing  nature of 
the sector. 

9.3 

Follow-up and evaluation of the action 

implementation  of  Community  policy 

Monitoring  and  ensuring 
in  the  field  of 
telecommunications  and  postal  services  is  an  integral  part  of  the  action  itself,  and  is 
required  by a number  of Directives.  Records  of implementation  progress  by country  are 
infringement  procedures  are  launched  where  necessary,  and 
kept  up  to  date, 
implementation  reports on particular  Directives are presented  to the European  Parliament 
and  the  Council  on  a  regular  basis. 
In  addition,  the  Commission  will  present  to  the 
European  Parliament  and  the  Council  a  global  report  on  the  execution  of  the  activities, 
including an evaluation  of progress made towards achieving Community  objectives,  every 
three years. 

i 

* 

* 

* 

* 

* 

£i 

ISSN 0254-1475 

COM(96) 45 final 

DOCUMENTS 

EN 

06  16 

Catalogue number  : CB-CO-96-056-EN-C 

ISBN 92-78-00247-X 

Office for Official  Publications of the European Communities 

L-2985 Luxembourg