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 on a common framework for general authorisations and individual licences in the field of telecommunications services
Date: 1997-03-03
Institutions: European Commission
Subjects: approximation of laws, competition law, systems interconnection, telecommunications, trade licence

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  03.03.1997 
COM(97)  100 final 

95/0282 (COD) 

OPINION QF 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 

on a common framework  for general authorisations and individual licences 

in the field  of telecommunications services 

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

1. 

BACKGROUND 

On  14 November  1995 the Commission  adopted  a proposal  for  a European  Parliament 
and  Council  Directive  on  a  common  framework  for  general  authorisations  and 
individual licences in the field  of telecommunications services (COM (95) 545). 

The Economic  and  Social  Committee gave a favourable  Opinion  on the  Commission's 
proposal on 24 April 1996. 

The  European  Parliament  gave  its  opinion  in  first  reading  on  22  May  1996,  and 
proposed  37 amendments to this proposal. 

On  31  July  1996  the  Commission  adopted  a  modified  proposal  in  conformity  with 
Article  189A,  paragraph  2  of  the  Treaty,  incorporating  most  of  the  EP  amendments 
(COM (96) 342). 

On 9 December  1996 the Council,  acting in accordance with  Article  189 B, paragraph 
2 of the Treaty, adopted a common position on the proposed Directive. 

In  second  reading,  the  European  Parliament  adopted  on  20  February  1997  six 
amendments to the common position. 

2. 

PURPOSE OF THE COMMISSION PROPOSAL 

By  1 January  1998 full  competition  is to  be  introduced  in  most  Member  States  in the 
provision  of  telecommunications  services  and  network  infrastructures.  The  proposed 
Directive will harmonise  national  conditions  and  procedures  for  general  authorisations 
and  individual  licences for  telecommunications  services and  is an important  part  of the 
new regulatory environment  supporting telecommunications  liberalisation. 

While  more  competition  is  to  be  introduced  in  the  telecommunications  sector, 
authorisations  regimes  remain  necessary  in order  to  ensure  that  certain  public  interest 
objectives  are  attained,  including  the provision  of universal  service.  At  the  same time, 
national  regulatory  frameworks  must  be  competition-friendly,  and  priority  must  be 
given  to  light  authorisations  schemes.  In  that  context,  the  proposed  Directive  lays 
down  a  common  framework  for  national  authorisations  regimes  and  provides  for 
mechanisms aimed at facilitating  the provision of cross-border  networks and services. 

3.  Opinion  of the Commission  on the amendments  of the euro pea n parliament 

The  Commission  can  accept,  without  changes,  the  six  amendments  adopted  by  the 
Parliament  in second  reading. 

•  Amendment  1  contributes to clarify  Art.  10.1 of the common position. 

•  Amendments  2 and  5 indicate  important  concerns  and  principles,  to  be  taken  into 
account  in the  context  of  possible  future  Community  initiatives  when  the  Directive 
will be reviewed by  1  January 2000. 

Amendment  3  introduces  two  useful  clarifications  with  regard  to  the  scope  of 
individual licences. 

Amendment  4  will,  in the  key  area  of  new  services,  bring  additional  guarantees  to 
undertakings applying for a licence. 

Amendment  6 adds a useful  clarification  to the Annex. 

4.  MODIFIED  PROPOSAL 

On 9 December  1996 the Commission has adopted  its opinion  on the common  position 
regarding the proposed  Directive  for  a European  Parliament  and  Council  Directive on 
a common  framework  for  general  authorisations  and  individual  licences  in the field of 
telecommunications  services,  by  which  it  accepted  the  revised  text  for  the  proposed 
Directive. 

Following  the  second  reading  of the draft  Directive  by the European  Parliament,  the 
Commission  herewith  modifies 
including  all  the 
amendments which were adopted by the European Parliament  on 20 February  1997. 

its  proposal  for  a  Directive 

AMENDED PROPOSAL FOR 

A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL 

ON A COMMON FRAMEWORK 

FOR GENERAL AUTHORISATIONS AND INDIVIDUAL LICENCES 

IN THE FIELD OF TELECOMMUNICATIONS  SERVICES 

Recital 3 
(following  amendment  1) 

the 

Whereas  a  common  framework  should 
be established  for  general  authorizations 
licences  granted  by 
and individual 
Member  States 
field  of 
in 
telecommunications  services;  whereas 
under  Community  law  and  in  particular 
under 
Commission 
Directive 90/388/EEC  of  28 June  1990 
for 
in 
on  competition 
the  markets 
telecommunications 
services,  market 
entry  should  be  restricted  on  the  basis 
only  of  objective,  non-discriminatory, 
proportionate  and  transparent  selection 
criteria  relating  to  the  availability  of 
scarce  resources  or  on  the  basis  of  the 
implementation  by  national  regulatory 
authorities 
non 
discriminatory  and  transparent  award 
procedures; 
Directive 
whereas 
90/388/EEC  also  sets  out  principles 
regarding,  inter  alia,  fees  and  rights  of 
way;  whereas  these  rules  should  be 
this 
supplemented  and  enlarged  by 
Directive  to  determine  this  common 
framework; 

objective, 

of 

the 

Whereas  a  common  framework  should 
be established  for  general  authorizations 
licences  granted  by 
and individual 
Member  States 
field  of 
in 
telecommunications  services;  whereas 
under  Community  law  and  in  particular 
under 
Commission 
Directive 90/388/EEC  of  28 June  1990 
for 
in 
on  competition 
the  markets 
telecommunications 
services,  market 
entry  should  be  restricted  on  the  basis 
only  of  objective,  non-discriminatory, 
proportionate  and  transparent  selection 
criteria  relating  to  the  availability  of 
scarce  resources  or  on  the  basis  of  the 
implementation  by  national  regulatory 
authorities 
non 
discriminatory  and  transparent  award 
procedures; 
Directive 
whereas 
90/388/EEC  also  sets  out  principles 
regarding,  inter  alia,  fees,  numbers  and 
rights  of  way;  whereas  these  rules 
should be supplemented  and enlarged by 
this Directive  to  determine  this common 
framework; 

objective, 

of 

Recital  18a (new) 
(following  amendment 2) 

Whereas  a certain  harmonization  of  the 
procedures  is  already  foreseen  in  this 
directive; whereas further  harmonization 
may  be  desirable  in  order  to  come  to  a 
more 
telecommunications 
market;  whereas  this  possibility  should 
be  assessed 
to  be 
report 
in 
elaborated  by the Commission; 

integrated 

the 

Article 7 
(following  amendment 2) 

1.  Member  States  may  issue  individual 

1.  Member  States  may  issue  individual 

licences  for  the  following  purposes 
only: 

licences  for  the  following  purposes 
only: 

(a)  to  allow  the  licensee  access  to  radio 

(a)  to  allow  the  licensee  access  to  radio 

frequencies  or  numbers; 

frequencies  or  numbers; 

(b)  to  give  the  licensee  particular  rights 
with  regard  to  access  to  public  or 
private  land; 

(b) to  give  the  licensee  particular  rights 
with  regard  to  access  to  public  or 
private  land; 

(c)  to 

impose 

obligations 

and 
requirements  on  the  licensee  relating 
to 
the  mandatory  provision  of 
available 
publicly 
telecommunications  services  and/or 
telecommunications 
public 
obligations 
including 
networks, 
under  ONP  legislation  and/or  which 
require 
to  provide 
licensee 
universal  service; 

the 

(c)  to 

impose 

obligations 

and 
requirements  on  the  licensee  relating 
to 
the  mandatory  provision  of 
available 
publicly 
telecommunications  services  and/or 
telecommunications 
public 
networks, 
obligations 
including 
which  require  the  licensee  to  provide 
universal 
other 
service 
obligations  under  ONP  legislation; 

and 

(d) to 

in 
impose  specific  obligations, 
accordance 
Community 
with 
competition  rules,  where  the  licensee 
has  significant  market  power,  as 
defined 
the 
Interconnection  Directive  in  relation 
public 
to 
telecommunications  networks  and 
publicly 
available 
telecommunications  services. 

in  Article  4(3)  of 

provision 

the 

of 

(d) to 

in 
impose  specific  obligations, 
accordance 
Community 
with 
competition  rules,  where  the  licensee 
has  significant  market  power,  as 
defined 
the 
Interconnection  Directive  in  relation 
public 
to 
telecommunications  networks  and 
publicly 
available 
telecommunications  services. 

in  Article  4(3)  of 

provision 

the 

of 

voice 

of 
the 

establishment 

Notwithstanding  paragraph  1,  the 
telephony 
provision 
and 
services, 
public 
provision 
telecommunications 
as 
well  as  other  networks  involving  the 
use  of  radio  frequencies  may  be 
subject  to  individual  licences. 

networks 

of 

Notwithstanding  paragraph  1,  the 
provision  of  publicly  available  voice 
telephony  services,  the  establishment 
public 
and 
telecommunications 
as 
well  as  other  networks  involving  the 
use  of  radio  frequencies  may  be 
subject  to  individual  licences. 

of 
networks 

provision 

Article  19 
(following  amendment  4) 

the 

provision 

Without  prejudice  to  sections II  and III, 
where 
a 
telecommunications  service  is  not  yet 
covered  by  a  general  authorization  and 
where  such  a  service  and/or  network 
without 
cannot 

provided 

be 

of 

the 

provision 

Without  prejudice  to  sections  II  and  III, 
where 
a 
telecommunications  service  is  not  yet 
covered  by  a  general  authorization  and 
where  such  a  service  and/or  network 
without 
cannot 

provided 

be 

of 

reject 

application, 

authorization,  Member  States  shall,  not 
they  have 
later  than  six  weeks  after 
adopt 
an 
received 
provisional  conditions  or 
the 
application  and  inform  the  undertaking 
concerned  of  the  reasons  therefor.  As 
thereafter,  Member 
soon  as  possible 
States  shall  adopt  definitive  conditions 
or  consent 
the 
service  concerned  without  authorization 
or  provide  reasons  for  any  refusal  to  do 
so. 

the  provision  of 

to 

application, 

authorization,  Member  States  shall,  not 
they  have 
later  than  six  weeks  after 
adopt 
an 
received 
the 
conditions 
provisional 
allowing 
start  providing 
undertaking 
the 
to 
service  or  reject 
the  application  and 
inform  the  undertaking  concerned  of  the 
reasons  therefor.  As  soon  as  possible 
thereafter,  Member  States  shall  adopt 
definitive  conditions  or  consent  to  the 
concerned 
provision  of 
provide 
without 
reasons 
to  do  so. 
lav  down  an 
shall 
Member  States 
appropriate  procedure  for  appealing  to 
an 
the 
regulatory  authority  against 
national 
or 
to 
refusals 
definitive 
of 
applications  or  refusals  to  consent  to  the 
service  concerned 
provision  of 
without  authorization. 

the 
authorization 

provisional 
rejections 

adopt 
conditions, 

independent 

institution 

for  any 

service 

refusal 

the 

or 

of 

Article  23 
(following  amendment  5) 

as 

structures 

Before  1 January  2000,  the  Commission 
shall  prepare  a report  to  be  submitted  to 
the  European  Parliament  and  Council. 
The  report  shall  include  an  assessment, 
on  the  basis  of the  experience  gained,  of 
the  need  for  further  development  of  the 
regulatory 
regards 
authorizations,  in  particular  in  relation 
to  the  scope  of  individual  licences,  to 
trans-European 
harmonization  and 
Any 
services 
the 
amendments  necessary 
new 
content 
of 
and 
technological 
appropriate 
procedures, 
practical 
together  with  Article  7(2),  shall  also  be 
considered  in this  report. 

developments 

the  Annex 

networks. 

to  adapt 

and 

to 

to 

f 

in 

to 

be 

by 

on 

new 

relation 

the  basis  of 
the  need 

Before  1 January  2000,  the  Commission 
shall  prepare  a report  to  be  submitted  to 
the  European  Parliament  and  Council 
accompanied,  where 
and 
legislative 
appropriate. 
proposals.  The  report  shall  include  an 
the 
assessment, 
experience  gained,  of 
for 
further  development  of  the  regulatory 
structures  as  regards  authorizations,  in 
particular 
the 
harmonization  of the  procedures  and  the 
scope  of  individual  licences,  to  other 
aspects  of  harmonization  and  to  trans-
European  services  and  networks.  The 
report  shall  also  include  proposals  with 
a  view 
the  various 
in  Community 
committees 
legislation.  Any 
telecommunications 
the 
to  adapt 
amendments  necessary 
new 
content 
of 
technological 
and 
procedures, 
practical 
appropriate 
together  with  Article  7(2),  shall  also  be 

to  consolidating 
existing 

developments 

the  Annex 

to 

to 

considered  in this report. 

Annex 
(following  amendment  6) 

This  list  of  conditions  shall  be  without 
prejudice to: 

This  list  of  conditions  shall  be  without 
prejudice to: 

any  other  conditions  which  are  not 
telecommunications 

the 

to 

specific 
sector; 

measures 

taken  by  Member 
States  in accordance  with  public  interest 
requirements  recognized  by  the  Treaty, 
in  particular  Articles  36  and  56, 
public 
specifically 
morality,  public  security,  including  the 
investigation  of  criminal  activities,  and 
public  policy. 

relation 

in 

to 

any other legal  conditions which are not 
specific 
telecommunications 
sector; 

the 

to 

measures 

taken  by  Member 
States  in accordance  with  public  interest 
requirements  recognized  by  the  Treaty, 
in  particular  Articles  36  and  56, 
public 
specifically 
morality,  public  security,  including  the 
investigation  of  criminal  activities,  and 
public  policy. 

relation 

in 

to 

ISSN 0254-1475 

COM(97) 100  final 

DOCUMENTS 

EN 

15  06  10 

Catalogue number  :  CB-CO-97-084-EN-C 

ISBN 92-78-16605-7 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg