AMENDED PROPOSAL FOR A EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Council Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications
Date: 1997-02-12
Institutions: European Commission
Subjects: communications policy, competition, liberalisation of the market, telecommunications, transmission network

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  12.02.1997 
COM(97)32 final 

95/0280  (COD) 

OPINION OF THE COMMISSION 
pursuant to Article  189 b (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 

amending Council Directives 90/387/EEC and 92/44/EEC 

for the purpose of adaptation to a 

competitive environment in telecommunications 

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

EXPLAN A TORY MEMORANDUM 

Article 189b(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 these amendments to the Council's 
common position regarding the proposal for  a European Parliament and Council 
Directive amending Council Directives 90/387/EEC and 92/44/EEC for the 
purpose of adaptation to a competitive environment in telecommunications.  This 
includes a modified proposal incorporating the amendments proposed  by the 
European Parliament at Second Reading which were accepted by the Commission. 

OPINION  OF THE  COMMISSION 

l. BACKGROUND 

a)  The Commission adopted its proposal on  14.11.95, and it was formally transmitted 

to the EP and the Council on  10.1.961. 

b)  The Economic and Social Committee gave a favourable Opinion on 25.4.961. 

c)  The European Parliament adopted a favourable Resolution at its First Reading on 

22.5.96, and proposed  17 amendments to the Commission proposal3. 

d)  The Commission adopted an amended proposal on 31.7.96, and submitted it on 

3.9.19964. 

e)  The Council adopted its Common Position on  12.9.965. 

f)  The European Parliament voted on Second Reading on  10.12.96, adopting a 

favourable resolution which included 7 amendments to the Common Position6. 

1 
2 
3 
4 
5 
6 

OJ C 62, 1.3.1996, p.3 
OJC 204, 15.7.1996, p. 14 
OJC  166, 10.6.1996, p. 87 
OJC 291, 4.10.1996, p. 18 
OJC 315, 24.10.1996, p. 41 
A4-0402/96, PV 

1996 

2. 

PURPOSE  OF THE  DIRECTIVE 

This Directive is an essential component  of the regulatory framework  for the  future 
liberalised telecommunications sector, to be in place by 1.1.98. 

The proposed revision of the ONP Framework  Directive aims at adapting the basic 
principles concerning access to and the use of public telecommunications networks and 
services to ensure Europe-wide services in a liberalized environment.  It provides for a 
voluntary approach by the market players in a competitive context, whilst recognising the 
key importance of maintaining and developing universal  service and the need  for 
mandatory requirements in those areas where market forces  alone may not be enough to 
meet European policy goals. 

The revised Leased Lines Directive will ensure that all users have access to leased lines 
from  at least one operator,  under harmonised  conditions of access and use, including 
access to a mandatory minimum set of leased lines. This obligation-to-provide will 
normally be placed only on organisations with significant  market  power. In any case, full 
territorial coverage must be ensured. 

3. 

POSITION OF THE COMMISSION ON THE EP  AMENDMENTS 

3.1 

EP  AMENDMENTS  ACCEPTED  BY THE  COMMISSION 

Of the 7 amendments adopted by the European Parliament  at Second Reading, the 
Commission accepts 4 in full,  in part or in principle (i.e. with some reformulation  of the 
text). 

The Commission is consistent with its position during the First Reading, and is 
supportive of amendments which can improve the Common Position. On this basis, the 
Commission position on each amendment is the following: 

Amendments accepted in full,  in part or in principle: 2, 4, 6, 7 

The Commission's position on each of these amendments is explained in the attached 
table. The most important  amendments accepted by the Commission concern the three 
following areas: 

Comitology 
[Amendment  2] 

The Commission supports the EP's amendment which reverses a change introduced by 
Council. The Council had changed an advisory committee procedure to a regulatory 
committee procedure. 

Study of creation of a European regulatory  authority 
[Amendments 4 and 6(parts)[ 

The Commission accepts the request in Amendments 4 (last part) and 6 (last part) for 
examination, in the report that the Commission is required to present before the end of 
1999, of the possibility of establishing a European  regulatory authority  for 
telecommunications. The Council did not accept the EP amendment  on this issue at First 
Reading. 
In supporting the EP amendment, the Commission notes that the issue could be dealt 
with in the report proposed for  1999, even if this is not explicitly stated  in the Directive. 

Number portability 
[Amendment 7] 

The Commission  supports in principle a reference to number portability in the Annex, but 
for clarity prefers to make the insertion at a different  point in the text. 

3.2. 

EP  AMENDMENTS NOT ACCEPTED BY THE COMMISSION 

The Commission has not accepted  3 of the 7 amendments proposed by the European 
Parliament. 

The amendments not accepted by the Commission are the following: 

Amendments not accepted:  1,3,5 

The reasons are given below. 

Resources for NRAs 
[Amendment  1] 

The Commission considers that the present wording of the Common Position  adequately 
reflects the concern of the Parliament that national regulatory authorities should have all 
necessary resources to fulfil  their mission in full  autonomy. 
The amendment is rejected  because the word must is inappropriate in a Recital and 
would be inconsistent with the wording of Recital  10 of the ONP Voice Telephony 
Directive 95/62/EC. 

Directive on costing and financing  of universal  service 
[Amendment 3] 

The Interconnection Directive sets out a framework  for costing and financing  of 
universal service. In addition, the Commission has now adopted  a Communication on 

- 4-

costing and financing  of universal service.7 Therefore,  the Commission  does not share 
the need for a specific Directive on this subject. 

Definition  of leased lines 
[Amendment 5] 

This amendment would affect  the scope of the Leased Lines Directive, as the fixed  public 
telephone network is commonly used for provision of leased lines. The current  definition 
is stable and should not be amended.  In some circumstances, the proposed  amendment 
could lead to inconsistency with the non-discrimination  requirements of Art. 8(2) of the 
Directive. 

Review clauses 
[Amendments 4 and 6(parts)] 

Requirements for adaptation should be limited to the respective Directive, since each of 
them has its own provisions for examination and reporting by the Commission. 
The Commission has some sympathy with the concept  of further  measures proposed in 
the form of a single consolidated text, but does not find  it appropriate to put this as a 
requirement  in this Directive 

4. 

CONCLUSION 

The Commission has accepted 4 of the 7 amendments proposed by the European 
Parliament at Second Reading either in whole, in part or in principle. 

In accordance with Article  189a paragraph 2 of the EC Treaty, the Commission's 
modified  proposal incorporates these amendments. 

COM(96) 608, 27.11.1996 

AMENDED PROPOSAL FOR A 

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 

amending Council Directives 90/387/EEC and  92/44/EEC 

for the purpose of adaptation  to a 

competitive environment  in  telecommunications 

-6 

Common Position text 

Amended text 

Article  1(5), fourth  subparagraph 
Article 5(4) of Directive  90/387/EEC 
(based  on EP Amendment  2) 

Where a Member State or the Commission 
considers that the harmonized  standards and/or 
specifications  referred  to in paragraph  1  do not 
correspond to the objective of open and 
efficient  access, interconnection and 
interoperability, in particular the basic 
principles and the essential  requirements 
referred  to in Article 3, it shall be decided 
whether or not it is necessary to withdraw 
references to those standards and/or 
specifications from the Official  Journal of the 
European Communities in accordance with the 
procedure laid down in Article K). 

Where a Member  State or the Commission 
considers that the harmonized  standards and/or 
specifications  referred  to in paragraph  1 do not 
correspond  to the objective of open and 
efficient  access, interconnection  and 
interoperability,  in particular the basic 
principles and the essential  requirements 
referred  to in Article 3, it shall be decided 
whether or not it is necessary to withdraw 
references  to those standards and/or 
specifications  from  the Official  Journal of the 
European  Communities in accordance with the 
procedure laid down in Article 9. 

Article  1(8) 
Article 8 of Directive  90/387/EEC 
(based on EP Amendment 4) 

The Commission shall examine and report to 
the European Parliament and to the Council on 
the functioning  of this Directive, on the first 
occasion no later than 31 December  1999. The 
report  shall be based inter alia on the 
information  supplied by the Member  States to 
the Commission and to the committee  referred 
to in Articles 9 and  10. Where necessary, 
further  measures for the adaptation  of this 
Directive, taking account of developments 
towards a fully competitive environment, may 
be proposed  in the report. 

The Commission  shall examine and report to 
the European Parliament  and to the Council on 
the functioning  of this Directive, on the first 
occasion no later than 31 December  1999. The 
report  shall be based  inter alia on the 
information  supplied by the Member States to 
the Commission and to the committee  referred 
to in Articles 9 and  10. Where necessary, the 
report  shall examine what provisions of this 
Directive should be adapted  in the light of the 
developments in the market. Further  measures 
may be proposed  in the report for the full 
implementation  of the aims of this Directive; in 
particular, the report  shall examine the 
possibility of establishing a European 
Regulatory  Authority. 

7-

Common Position text 

Amended text 

Article 2(12) 
Article  14 of Directive 92/44/EEC 
(based on EP Amendment 6) 

The Commission  shall examine and report to 
the European Parliament and to the Council on 
the functioning  of this Directive, on the first 
occasion no later than 31 December  1999. The 
report  shall be based inter alia on the 
information  supplied by the Member States to 
the Commission and to the open network 
provision Committee. The report  shall include 
an assessment of the need for continuation of 
this Directive, taking account of developments 
towards a fully  competitive  environment. 
Where necessary, further  measures for the 
adaptation of this Directive may be proposed in 
the report. 

The Commission shall examine and report to 
the European Parliament and to the Council on 
the functioning  of this Directive, on the first 
occasion no later than 31 December  1999. The 
report  shall be based inter alia on the 
information  supplied by the Member States to 
the Commission and to the open network 
provision Committee. The report  shall include 
an assessment  of the need for continuation of 
this Directive, taking account  of developments 
towards a fully  competitive  environment. 
Where necessary, the report  shall examine what 
provisions of this Directive should be adapted 
in the light of the developments in the market, 
and further  measures can be proposed  in the 
report for the full  implementation  of the aims 
of this Directive. 

Annex 1(4) 
(based on EP Amendment 7) 

Harmonized  approach to 
numbering/addressing/naming 

Harmonized  approach to 
numbering/addressing/naming 

Numbering/addressing and in some instances 
naming provide for the selection of the 
destination or destinations, or for the selection 
of a service, of a service provider or a network 
operator. 
Adherence to a harmonized  approach  for 
numbering/addressing and, where applicable, 
naming is therefore  essential to guarantee 
Europe-wide end-to-end  interconnection  of 
users and the interoperability of services. 
Furthermore, the allocation of 
numbers/addresses/names  should be fair, 
proportionate and consistent with the 
requirements for equal access. 

Numbering/addressing and in some instances 
naming provide for the selection  of the 
destination  or destinations, or for the selection 
of a service, of a service provider or a network 
operator. 
Adherence to a harmonized  approach  for 
numbering/addressing and, where applicable, 
naming is therefore  essential to guarantee 
Europe-wide end-to-end  interconnection of 
users and the interoperability of services. 
Furthermore, the allocation of 
numbers/addresses/names  should be fair, 
proportionate and consistent with the 
requirements for equal access. 

To achieve that, it is necessary: 

To achieve that, it is necessary: 

Common Position text 

Amended text 

to ensure the provision according to 
harmonized principles of adequate ranges of 
numbers and addresses, prefixes and short 
codes and, where applicable, of adequate 
naming, for all public telecommunications 
services, 

to ensure the provision according to 
harmonized  principles of adequate ranges of 
numbers and addresses, prefixes  and  short 
codes and, where applicable, of adequate 
naming, for all public telecommunications 
services, 

to ensure the coordination of national 
positions in international organizations and 
fora where decisions are taken on 
numbering/addressing/naming,  taking into 
account possible future  developments in 
numbering/addressing/naming  at European 
level, 

to ensure that the relevant national 
telecommunications 
numbering/addressing/naming  plans are 
under the supervision  of the national 
regulatory authority, in order to guarantee 
independence from  organizations providing 
public telecommunications networks or 
publicly available telecommunications 
services, 

to ensure the coordination  of national 
positions in international organizations and 
fora where decisions are taken on 
numbering/addressing/naming,  taking into 
account possible future  developments in 
numbering/addressing/naming  at European 
level, 

to ensure that the relevant  national 
telecommunications 
numbering/addressing/naming  plans are 
under the supervision  of the national 
regulatory authority,  in order to guarantee 
independence from  organizations providing 
public telecommunications  networks or 
publicly available telecommunications 
services, and to enable number portability. 

to ensure that the procedures for  allocating 
individual numbers/addresses/names,  prefixes 
and short codes and/or 
addressing/numbering ranges are transparent, 
equitable and timely and that the allocation is 
carried out in an objective, transparent and 
non-discriminatory  manner, taking into 
account the principle of proportionality, 

to ensure that the procedures for  allocating 
individual numbers/addresses/names,  prefixes 
and short codes and/or 
addressing/numbering  ranges are transparent, 
equitable and timely and that the allocation is 
carried out in an objective, transparent and 
non-discriminatory  manner, taking into 
account  the principle of proportionality, 

to give national regulatory authorities the 
possibility of laying down conditions for the 
use in numbering/addressing plans of certain 
prefixes or certain  short codes, in particular 
where these are used for  services of general 
public interest (e.g. directory services or 
emergency services), or to ensure equal 
access. 

to give national  regulatory authorities the 
possibility of laying down conditions for the 
use in numbering/addressing plans of certain 
prefixes  or certain  short codes, in particular 
where these are used for  services of general 
public interest  (e.g. directory services or 
emergency services), or to ensure equal 
access. 

ISSN 0254-1475 

COM(97) 32  final 

DOCUMENTS 

EN 

15  08  06 

Catalogue  number  :  CB-CO-97-029-EN-C 

ISBN  92-78-15267-6 

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