Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION on a common framework fot the harmonised development of satellite personal communications services in the European Union
Date: 1996-10-14
Institutions: European Commission
Subjects: approximation of laws, freedom to provide services, radio telecommunications, satellite communications, trade licence

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COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  14.10.1996 
COM(96) 467  final 

95/0274  (COD) 

Amended  proposal  for  a 

EUROPEAN  PARLIAMENT  AND COUNCIL  DECISION 

on a common framework for the harmonised development of 
satellite personal communications services in the European Union 

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

EXPLANATORY MEMORANDUM 

The Commission hereby presents a modified proposal for a European Parliament and Council Decision 
on a common framework for the harmonised development of satellite personal communications 
services in the European Union. The modified proposal incorporates those amendments proposed by 
the European Parliament at First Reading which were accepted by the Commission. 

1. Introduction 

a) Background 

The Commission adopted its proposal on 8 November  1995, and it was formally transmitted to the EP 
and the Council on 10 November 1995. 

The Economic and Social Committee gave its opinion on 25 April 19961. The European Parliament 
adopted a favourable opinion in its resolution at its first reading on 19 June 1996, and proposed 22 
amendments to the Commission proposal2. 

b) Purpose of the Decision 

This decision aims at ensuring in a timely fashion the introduction of satellite personal communications 
services (S-PCS) in the European Union by means of a co-ordinated action at a Union level between 
Member States. 

This includes the selection, where necessary, of satellite personal communications space segment 
operators; adoption of common conditions to be attached to authorisations for S-PCS space segment 
operators; the harmonisation of conditions for authorisations for providers of S-PCS services and 
gateway operators; where required, appropriate measures for equipment circulation and use; and the 
establishment of a dialogue and, where appropriate, negotiations between the European Union and 
third countries in order to establish international co-operation to promote the development of S-PCS 
and remove obstacles to their development. 

2. EP amendments accepted bv the Commission 

Out of the 22 amendments adopted by the European Parliament at First Reading, the Commission 
accepted 9 in full and 1  in part, making a total of 10. 

Amendments accepted in full: 

1, 2, 3, 4, 5, 9, 13, 14, 16. 

Amendments accepted in part: 

10. 

1  TRA/303, 18.4.96 

2  A4-0179/96, PV 19.06.96 

I 

The Commission accepted the following amendments : 

•  Amendment  1  to  the  title  presents  the  purpose  of  the  proposed  action  in  a  different  but 

equivalent way; 

•  Amendments 2, 3, and 5 adapt the text of the proposal to the difficulty  to determine the timing 

of the of the decision, and to the need for urgent action; 

•  Amendment 4 has no major implications and is limited to factual assumption; 

•  Amendment 9 insists on the promotion of harmonisation of S-PCS introduction; 

•  Amendment  10:  not  all  sections  thereof  are  acceptable  (see  under  par.  3  description  of  the 

unacceptable sections). 

Amendment to article 2(ii), specifies that authorisations are national; this is acceptable; 

amendment to article 2(iii) adds a reference to the proposal for a EP and Council Directive 
on  a common  framework  for  general  authorisations  and  individual  licenses  in the  field  of 
telecommunications  services3: this is acceptable to the Commission; such addition however 
fails  to  identify  that  only  harmonisation  of  general  authorisations  is  addressed  in  this 
proposed directive; 

amendment to article 2(iv)l  introduces the possibility for negotiations with third countries in 
view  of  the  allocation  of  access  to  space  segment  in  the  light  of  the  interests  of  all  the 
countries concerned. 

•  Amendment  13 refers to the proposed EP and Council Directive on a common framework for 

general authorisations and individual licenses in the field of telecommunications services; 

•  Amendment  14 refers  to  the European Union  Telecommunications  Committee  to  be  created 
by the proposed EP and Council Directive on a common framework for general authorisations 
and  individual  licenses  in  the  field  of  telecommunications  services  (General  Licensing 
Directive). 

• 

In  amendment  16,  the  EP  invites  the  Council  to  adopt  a  common  position  by  31.12.96  on 
allocation  of  frequencies  necessary  for  S-PCS  and  if  necessary  to  give  a  mandate  to  the 
Commission 
International 
international 
Telecommunications  Union  on  space  segment  access  and on  authorisations  to be  attached  to 
authorisations  for  space  segment  operators.  This  opens  new  perspectives.  It  is  acceptable  to 
the Commission as a matter of principle. 

to  negotiate  within 

including 

fora 

the 

Pursuant to  amendment  16,  a specific  negotiation  mandate will  have to  be obtained  from the 
Council  by the  Commission.  The EP  also  introduced  an additional  principle  for  Community 
action, i.e.  facilitating  interoperability  of the various  S-PCS systems, particularly by means  of 
the transmission standards which already render such systems interoperable within the Union. 

COM(95)545 final, 14.11.1995. 

3. Amendments not accepted bv the Commission 

The Commission  has not  accepted  12 of the  22 amendments  proposed  by the  European  Parliament. 
The reasons are given below, where the amendments are grouped into broad categories. 

•  Selection  of S-PCS space segment  operators  and  alignment  with  the  genera! Licensing 

Directive (Amendments 6, 8,10 (art. 2(i)), 11,12,14,15,17,18,19, 20, 21) 

The  main  issue  raised  by  the  EP  refers  to  the  need  for  a  selection  of  satellite  personal 
communications  space  segment  operators  and  to  the  co-ordination  of  such  selection  at 
European Union level through a Ilia-type comitology procedure (article 5). The EP proposes 
to delete the possibility to conduct such selection at EU level and replace it by a procedure for 
the  adoption  of  common  rules  by  a  consultative  committee  and  by  a  uniform  selection  by 
Member States. 

The Commission on the contrary considers that the need for a selection at EU level should not 
a priori be ignored and that a selection procedure at EU level through a Ilia-type committee is 
the only way to fully guarantee a co-ordinated selection within the appropriate deadline. 

«  Distinction  between  mobile satellite services and  fixed  satellite  services  (amendments  8, 

10 (art.2(iv)2)) 

The  EP  proposes  to  draw  a  distinction  among  satellite  personal  communications  services 
between mobile satellite services (voice and data communications) and fixed satellite services 
in Ka band (with larger capacity transmission means for video, data, voice). The Commission 
believes that at this stage of the regulatory process it is too early to make such a distinction . 

•  Advisory Committee (amendment 15) 

The  EP  proposes  an  advisory  committee  and  rejects  the  regulatory  committee.  The 
Commission  believes that,  for  selection  purposes  at  least,  a regulatory  committee  would  be 
necessary in order to have agreement in Council. 

•  Test Licenses (amendment 20) 

The EP proposes deadlines for test licenses. The Commission believes that the issue of testing 
is not  directly  related  to  the  subject  matter  of  this  proposed  decision,  i.e.  co-ordination  of 
authorisations. 

•  Public committee meetings (amendment 22) 

EP proposes that committee meetings be held publicly.  The amendment is simply not in line 
with the 1987 comitology decision. 

4. Conclusion 

The Commission has accepted  10 of the 22 amendments proposed by the European Parliament at First 
Reading either in whole or in part. 

In  accordance with  Article  189 a paragraph  2  of  the  EC  Treaty,  the  Commission  amends  its  initial 
proposal, incorporating these amendments. 

k 

Amended Proposal for a 

European Parliament and Council Decision 

on a common framework for the harmonised development of 

satellite personal communications services in the European Union 

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL  OF  THE  EUROPEAN 

UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community  and  in  particular 

Articles 57,66 and 100a, 

Having regard to the proposal of the Commission, 

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

Having regard to the opinion of the Committee of the Regions, 

1.  Whereas on 7 December  1993 the Council  adopted a Resolution on the introduction 
of  satellite  personal  communications  services  in  the  Community1;  whereas  in  that 
Resolution  the  Council  stressed  the  importance  of  co-ordinated  action  required  to 

allow  the  introduction  of  satellite  personal  communications  services 

in  the 

Community,  taking  full  account  of  the global  nature  of  these  services;  whereas  the 

Council underlined the need for the development  of an effective  policy and asked the 

Commission  to  study  the  matter,  monitor  international  developments  and  propose 

appropriate measures and/or actions; 

Whereas on  19 May  1995, the European Parliament adopted a Resolution on Mobile 
and  Personal  communications  in  the  European  Union2  in  which  it  considers  as  a 
priority  objective  to  establish,  before  1  January  1996,  a  harmonised  authorisation 

approach for satellite based mobile and personal  communications  and,  on that basis, 

the implementation of procedures for the provision of licences of those systems at an 

early stage; whereas this approach must be implemented early enough in order to take 

account  of the rapid development  of these  services  at a global  level  and their  social 

and commercial potential; 

O.J. NftC 339/1,16.12.93 

O.J. No. C  , to be published 

Whereas  on  29  June  1995  the  Council  adopted  a  Resolution  on  the  further 
development  of  mobile  and  personal  communications  in  the  European  Union3  in 
which it considers as a priority objective to ensure the sufficiently  early definition of a 

harmonised  authorisation  approach  for  satellite  based  mobile  and  personal 

communications, after study by ECTRA; 

Whereas satellite personal communications systems have a role to play in assuring the 

delivery  of  universal  service  to  remote  parts  of  the  European  Community,  thereby 

strengthening social and economic cohesion; 

2.  Whereas,  having  considered  the  telecommunications,  trade  and  industry  aspects  as 

well  as 

the 

frequency  and  standardisation  aspects  of  satellite  personal 

communications,  and after consultation of the relevant industry, the Commission has 

submitted  proposals for decision-making  and the related  time  schedule with the aim 

to  come to  selection and authorisation  of satellite personal  communications  services 

on the basis of a common approach; 

3.  Whereas,  market  entry  for  satellite  PCS  space  segment  operators  can  only  be 

restricted on the basis of objective, transparent, proportionate and non-discriminatory 

selection criteria relating to the availability of scarce resources, and award procedures 

shall  be  objective,  transparent  and  non-discriminatory;  whereas  within  the  limited 

common  spectrum  a  harmonised  selection  is  required  at  a  European  Community 

level; whereas  the  common  conditions  for  authorisations  for  satellite  PCS  services 

shall be based  on the principles of  objectivity,  transparency,  non-discrimination, and 

proportionality; 

4.  Whereas,  since  satellite  personal  communications  by  nature  addresses  foremost  the 

needs  of  mobile  users  travelling  between  Member  States  but  especially  outside  the 

European Community, diverging national legislations,  regulations, and administrative 

measures would hinder or even prevent the provision of European  Community-wide 

satellite  personal  communications  services,  the free movement  of  related  equipment 

and,  as  a  consequence,  the  successful  introduction  of  satellite  PCS  on  the  internal 

market; 

5.  Whereas the free provision of satellite personal communications services and the free 

movement  of  related  equipment  on  the  internal  market  can  only  be  achieved  if an 

approximation of national regulations and administrative measures is achieved on the 

basis  of  harmonised  conditions  for  authorisations  for  providers  of  services  and 

gateway operators and, if required, for equipment; 

O.J. No. C 188/2,22.7.95 

6.  Whereas  the  European  Parliament  and  the  Council  are  examining  measures  on 

authorisations  and  individual  licences  in  the  field  of  telecommunications  in  the 

European Community; whereas, given the urgency of the matter and in the absence of 

adoption  and  implementation  of  such European  Community  authorisation  measures, 

the area of satellite personal communications services therefore  requires an action  at 

a European Community level, as specified  in this Decision;  whereas  the  action  shall 

be urgent but of limited duration; 

7.  Whereas,  given  the  foreseen  implementation  timeschedule  for  satellite  personal 

communications  systems, the action aims to  ensure mat,  within  its  limited  duration, 

appropriate regulatory and policy measures are taken in the European  Community  on 

the  selection  and  authorisation  of  satellite  personal  communications,  taking  due 

account of the international dimension and its ensuing requirements; 

8.  Whereas,  in  view  of  limited  availability  of  the  frequency  resources,  categories  of 

satellite  personal  communications  services  shall  be  determined  for  which  a 

comparative bidding process is  required to  come to  a  selection  of  satellite  systems; 

whereas  a  single  European  Community-level  selection  process  shall  avoid 

incompatible  national  decisions  on  the  selection  of  satellite  systems;  whereas  the 

procedures by means of  which the comparative  bidding  process  will  be  undertaken 

will have to be determined in detail; 

9.  Whereas potential applicants shall be informed of the procedures of the  comparative 

bidding process, and of the criteria which have been determined  for  selection,  and  of 

the principles which will be used for the establishment  of the common  conditions  to 

be attached to authorisations for satellite PCS space segment operators 

10.  Whereas  the  determination  of  common  conditions  for  selected  space  segment 

operators, and of harmonised conditions for authorisations  for  providers  of services, 

gateway  operators  and,  if  required,  circulation  and  use  of  equipment  will  permit 

Member  States  to  provide  authorisations  under  applicable  national  regimes  in 

accordance  with  the  provisions  of  Directive  94/46/EC,  and  thereby  avoiding 

uncoordinated and incompatible national regulatory decisions; 

11.  Whereas  measures  adopted  by  the  European  Radiocommunications  Committee 

(ERQ  and  the  European  Committee  for  Telecommunications  Regulatory  Affairs 

(ECTRA), if consistent  with the European Community's interest,  may be  a basis  for 

the use  of the  relevant frequencies by,  and  forme  elaboration  of  the  authorisation 

criteria of,  satellite personal communications services; 

Whereas 

the  European 

standardisation  bodies 

such 

as 

the  European 

Telecommunications  Standards Institute (ETSI) and Cen/Cenelec may be engaged  in 

a timely fashion to elaborate the necessary standards which are relevant in this area; 

12.  Whereas  the  global  dimension  of  satellite  personal  communications  systems  and 

services,  as  well  as  the  related  global  regulatory  structure  under  which  they  are 

provided  play  an important  role  in the  considerations  of  the  European  Community; 

whereas  this  action  at  a  European  Community  level  shall  permit  the  European 

Community  and  its  Member  States  to  exert  greater  influence  on  the  world-wide 

development of mobile and personal communications; 

Whereas the inherent global nature of satellite personal communications services may 

require the adoption  of  a substantial  number of  agreements with third countries  on, 

inter alia,  interconnection, free circulation and use of  equipment, satellite system and 

satellite  control  centres  operations,  frequency  band  usage  and  sharing  plans, 

numbering,  safety  and distress  operations,  access  to  gateway  stations  and  access  to 

third  markets;  whereas  these  agreements  are  closely  related  to  market  access 

arrangements;  whereas  therefore  the  Commission  may  start  multi-lateral  and/or  bi 

lateral negotiations on these aspects of satellite personal communications.; 

13.  Whereas  the  results  of  international  discussions  and/or  other  warranted  changes  of 

circumstances may require that decisions taken under this action be amended or other 

appropriate action be undertaken by the  Commission  in close  co-operation  with the 

Member States; 

14.  Whereas Member States shall take all appropriate action to implement this action and 

its  resulting  decisions  in a timely fashion  and  communicate  national  implementation 

measures to the Commission; 

15.  Whereas  the  relevant  industry  should  be  requested  to  co-operate  closely  with  the 

Commission  and the national regulatory  authorities in order to  achieve  solutions for 

issues  raised  during  the  selection  and  authorisation  of  satellite  personal 

communications  services; whereas this co-operation may be extended to  address the 

issues in an international context; 

Whereas  the  Commission  may  wish  to  seek  assistance  from  an  ad-hoc  panel  of 

experts in the elaboration of the detailed work required under the tasks assigned to it 

by this Decision; whereas the ad-hoc panel of experts should be made up, in as far as 

available, of relevant experts from industry augmented,  as necessary, by experts  from 

national  ministries,  representatives  of  relevant  bodies  such  as,  inter  alia,  ETSI, 

ECTRA, ERC, and other relevant governmental bodies; 

Whereas  the  nature  of  the  information  provided  by  applicants  and  other  relevant 

industry  may  be  of  a  commercially-in-confidence  nature;  whereas  the  utmost 

discretion  shall  be  undertaken  in  respect  of  this  information;  whereas  however  this 

shall not prevent publication of information relevant for a selection  and authorisation 

process; 

HAVE ADOPTED TfflS  DECISION: 

77œ establishment of an action at a European Community level 

Article 1 

The  purpose  of  this  Decision  is  to  promote  the  harmonised  introduction  of  satellite 
personal communications services in the European Community by means of co-ordinated 
action  at  a  European  Community  level  between  the  national  regulatory  authorities  for 
telecommunications. 

This  action  is  limited  to  a  period  of  three  years  from  the  date  of  publication  of  this 
Decision in the Official Journal.  The Commission shall keep developments in the satellite 
personal  communications  area under  review,  report  on the  effectiveness  of action  taken 
under this Decision after  two years and, if required, propose a prolongation  or extension 
of action in this area to the European Parliament and the Council. 

Article 2 
Objectives 

The objectives of action in satellite personal communications shall be to ensure, within the 
period set out in Article 1 : 

(i)  the selection of satellite PCS space segment operators; 

(ii)  the  adoption  of  common  conditions  to  be  attached  to  national  authorisations  for 

satellite PCS space segment operators; 

(iii)  harmonisation  of  conditions  for  authorisations,  established  in  accordance  with  the 
../../EC  on  a  common  framework 
provisions  of Directive  94/46/EC,  and Directive 
for  general  authorisations  and  individual  licenses  in the field of  telecommunications 
services,  for  providers  of  S-PCS  services  and  gateway  operators,  and,  if  required, 
appropriate measures for equipment circulation and use; 

(iv) the  establishment  of  a  dialogue  and,  where  appropriate,  negotiations  between  the 
European  Community  and  third  countries  with  the  aim  of  establishing  international 
co-operation in order to allocate access to space segment in the light of the interests 
of  all  the  countries  concerned,  promote  the  development  of  satellite  personal 
communications services and remove the obstacles to their development. 

Article 3 

Definitions 

For the purposes of this decision: 

authorisation of a space  segment  operator: the permission allowing  an undertaking 

to establish and operate space segment capacity for the provision of S-PCS services 

and to  be granted the right to use the relevant frequency spectrum under  specified 

conditions; 

provider  of  S-PCS  services:  any  undertaking  providing  satellite  communications 

services as defined in Directive 94/46/EC and making use of space segment capacity 

provided  by the  selected  space  segment  operators; this  does  not  cover  resellers  of 

authorised services; 

gateway operator: any undertaking providing satellite network services as defined in 

Directive  94/46/EC  and making use of the space  segment  capacity provided  by the 

selected space segment operators. 

Article 4 
Establishment of selection process for  space segment  operators 

The Commission shall, in close co-operation with the national regulatory authorities of the 

Member States in accordance with the procedure laid down in Article 7: 

(i)  establish  categories  of  satellite  personal  communications  services,  and  determine, 

where appropriate, the need for  selection  of satellite personal  communications  space 

segment operators; 

(ii)  adopt,  for  the  relevant  categories,  criteria  for  the  common  selection  of  satellite 

personal  communications  space  segment  operators  to be authorised  to  provide their 

services in the European Community; 

(iii)  adopt the procedures by which a comparative bidding process may be undertaken; 

(iv)  adopt,  for  all  categories  of  services,  principles  for  the  common  conditions  to  be 

attached  to  authorisations  for  selected  satellite  personal  communications  space 

segment operators; 

1o 

Article 5 

Selection of space segment  operators 

1.  A Call for Declaration of Interest  shall be published  in the Official  Journal within six 

months after adoption of this Decision. 

(i) The  Call  for  Declaration  of  Interest  shall  set  out  the  criteria  for  the  common 

selection  for  each  category  of  service  established  pursuant  to  Article  4  par.(ii),  the 

procedures to  be followed  in the  selection  established  pursuant  to  Article  4  par.(iii) 

and  the  principles  of  the  common  conditions  to  be  attached  to  authorisations 

established pursuant to Article 4 par.(iv). 

(ii)The  Call  for  Declaration  of  Interest  shall  invite  declarations  from  any  person  or 

entity  wishing  to  operate  a  system  for  the  purpose  of  providing  satellite  personal 

communications services in the EuropeanCommunity. 

2.  A Pecision  selecting  satellite  personal  communications  space  segment  operators  for 

the relevant  categories of services shall be adopted  in accordance with the procedure 

laid down in Article 9. 

Article 6 

Adoption  of common and harmonised conditions for  authorisations 

The  issuing  of  authorisations  to  space  segment  operators,  gateway  operators  and 

providers  of  S-PCS  services  shall  be  governed  by  the  provisions  of  the  European 

Parliament and Council Directive on a common framework for general  authorisations and 

individual  licenses  in the field of  telecommunications  services.  Without  prejudice  to  the 

provisions of the above Directive, and in particular of Annex I thereof,  the following  shall 

be adopted by a Decision in accordance with the procedure laid down in Article 8: 

(i)  common  conditions  to  be  attached  to  the  authorisations  of  the  selected  satellite 

personal communications space segment operators; 

(ii)  harmonised  conditions  for  the  authorisation  of  providers  of  satellite  personal 
communications services , gateway operators,  and, if required, for the circulation and 
use of equipment; 

(iii)  any  other  measures  aimed  at  facilitating  the  development  of  satellite  personal 

communications services. 

In  view  of  the  adoption  of  common  and  harmonised  authorisation  conditions,  the 

Commission  may  decide,  where  it  deems  appropriate,  to  consult  representatives  of 

selected space segment operators. 

11 

Article 7 

Co-operation with CEPT and European standardisation  bodies 

In  order  to  assist  the  adoption  of  common  and  harmonised  criteria  and  conditions  and 

with due regard to  the time schedule established  in Annex,  the Commission  may ask the 

European  standardisation  bodies  such  as  the  European  Telecommunications  Standards 

Institute (ETSI) and Cen/Cenelec, as well  as the European Radio  Committee (ERC), and 

the European Committee for Telecommunications Regulatory Affairs (ECTRA), via work 

requirements under the relevant existing framework agreements with those organisations, 

to study the necessary technical criteria and conditions. 

Article 8 

The advisory Committee 

1.  The  Commission  shall  be  assisted  in the  implementation  of  this  Decision  by  by  the 

European Union Telecommunications  Committee  set up by the European Parliament 

and  Council  Directive  on  a  common  framework  for  general  authorisations  and 

individual licenses in the field of telecommunications services. 

2.  The representative  of  the  Commission  shall  submit to  the  Committee  a draft  of the 

measures  to  be taken.  The Committee  shall  deliver  its  opinion  on the  draft  within a 

time limit to be  determined by the Chairman according to  the urgency  of the matter 

and, where necessary, by taking a vote. 

The opinion shall be recorded in the minutes. Furthermore,  each Member  State shall 

have the right to request that its position be included in the minutes. 

The  Commission  shall  take  the  utmost  account  of  the  opinion  delivered  by  the 

Committee  and  shall  inform  the  Committee  of  the  manner  in which  its  opinion  has 

been taken into account. 

Article 9 

The regulatory Committee 

1.  By  way  of  exception  to  the  provisions  of  Article  8,  the  following  procedure  shall 

apply in respect of the matters covered by Article 5 (2). 

2.  The  representative  of  the  Commission  shall  submit  to  the  Committee  a draft  of  the 

measures to  be taken.  The Committee  shall  deliver  its opinion  on  the  draft  within a 

time limit which the chairman may lay down according  to the urgency  of the matter. 

The  opinion  shall  be  delivered  by  the  majority  laid  down  in  Article  148(2)  of  the 

Treaty  in the case  of decisions  which  the Council  is required  to  adopt  on a proposal 

from the  Commission.  The votes  of the  representatives  of the Member  States  within 

/it 

the committee  shall be weighted  in the  manner set  out  in that  Article.  The chairman 

shall not vote. 

The  Commission  shall  adopt  the  measures  envisaged  if they  are in  accordance  with 

the opinion of the committee. 

If the measures envisaged are not in accordance with the opinion of the committee, or 

if no opinion is delivered, the Commission shall, without delay, submit to the Council 

a proposal  relating to the measures to be taken.  The Council  shall  act by a qualified 

majority. 

If,  on the expiry of a period of three months from the date of referral to the Council, 

the  Council  has  not  acted,  the  proposed  measures  shall  be  adopted  by  the 

Commission. 

Article 10 
International  aspects 

1.  The  Council  shall,  by  31  December  1996,  draw  up  a  common  position  on  the 

allocation  of the frequencies necessary  for  the  operation  of  S-PCS  and,  should  this 

prove  a  desirable  step  towards  the  establishment  of  a  critical  mass,  shall  give  the 

Commission  a  mandate  to  negotiate  within  the  relevant  international  bodies, 

particularly  the  International  Telecommunications  Union  ,  and  where  appropriate, 

with  relevant  third  countries  with  a view  to  establishing  the  conditions  of  access  to 

space segment and the obligations to be attached to authorisations  for space segment 

operators. 

2.  The Member  States  shall  inform  the  Commission  of  any difficulties  encountered,  de 

jure  or de facto,  by Community organisations in the introduction of satellite personal 

communications in third countries; 

3.  Whenever the Commission establishes that the action undertaken under this Decision, 

in particular with  regard  to  the  information  received  further  to  paragraphs  1 and 2, 

may  require  negotiations  with  the  aim  of  facilitating  the  introduction  of  satellite 

personal  communications  in the European Community  and remove  obstacles thereto, 

the Commission  may request  the granting  or extension  of a mandate to  start,  where 

appropriate, negotiations in view of these aims. 

The  principle  of  Community  action  will  be  aimed  at  ensuring  effective  and 
comparable  access  for  Community  organisations  to  the  markets  in  these  third 
countries  and  at  facilitating  the  interoperability  of  the  various  personal  mobile 

communications  systems,  particularly  by  means  of  the  transmission  standards  which 

already render such systems interoperable within the European Community. 

t 

4.  Measures  taken  pursuant  to  this  Article  shall  be  without  prejudice  to  the 
Community's and Member States' obligations under relevant international agreements. 

Article 11 

Amendment of Decisions 

In order to take into account the results of discussions in international  fora  and /or with 
third  countries  or  as  a  result  of  measures  taken  in  accordance  with  the  provisions  of 
Article 10, as well as any warranted change of circumstances, the Commission shall adopt, 
in  close  co-operation  with  the  national  regulatory  authorities  of  the  Member  States  in 
accordance with the procedure laid down in Article 8, all appropriate measures as deemed 
necessary, including amending its decisions. 

Article 12 
Implementation 

1.  Member  States shall take all necessary  measures by law or  administrative  action  to 

enable implementation of the measures agreed in or pursuant to this Decision; 

2.  Member  States shall supply the Commission, not later than 6 months after  adoption 
of this Decision,  with  such  information  as  may be  required  by the  Commission  to 
verify the implementation of this Decision. 

3.  Member  States shall supply the Commission, not later than 3 months after  adoption 
of  the  decisions  taken  pursuant  to  this  Decision  and  in  accordance  with  the  time 
schedule in Annex, with such information  which will allow the Commission to verify 
the compliance with such decisions. 

Article 13 

Confidentiality 

1.  Without prejudice to the provisions of this Decision, the Commission and the national 
regulatory  authorities, their  officials  and  other  servants,  and  experts  consulted  shall 
not  disclose any information  acquired  by them  as a result  of the  implementation  of 
this Decision and of the kind covered by the obligation of professional  secrecy. 

2.  The  provisions  of  paragraph  1  shall  not  prevent  publication  of  information  on 
selection criteria and authorisation conditions which does not include information  of a 
confidential nature. 

A\ 

This Decision is addressed to the Member States. 

Article 14 

Done at Brussels, 

For the European Parliament 

The President 

For the Council 

The President 

45-H 

Annex 

to a European Parliament and Council Decision of.  .. 

on a common framework for the harmonised development  of 

satellite personal communications services in the European Union 

Time schedule for  measures 

Sep. 96 

Establishment  of  categories  of  satellite  personal  communications 

services for which a selection of satellite systems is required; 

Publication of a Call-for-Declaration of Interest in the Official Journal; 

Oct. 96 

Dec. 96 

Adoption  of  criteria  for  the  selection  of  satellite  systems  and  the 
principles for the authorisations for these systems; 

Based  on  a  comparative  bidding  process  and  subsequent  evaluation, 
selection  of  satellite  systems  used  for  the  provision  of  categories  of 

satellite PCS services; 

Adoption  of  common  conditions  for  the  authorisation  of  the  selected 

systems; 

Mar. 97 

Adoption  of harmonised  conditions  for the  authorisation  of  all  aspects 

of satellite personal  communications  as they  concern,  inter alia,  service 

provision, equipment, interconnection, numbering, and gateway access; 

w 

ISSN 0254-1475 

COM(96) 467  final 

DOCUMENTS 

EN 

15  10  06 

Catalogue number  :  CB-CO-96-476-EN-C 

ISBN 92-78-09256-8 

Office  for Official  Publications of the European Ccmnrcnitiei 

1X2985 Luxembourg 

/I?