OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Trety, on the European Parliament's amendments to the Council's common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION ON A COORDINATED AUTHORIZATION APPROACH IN THE FIELD OF SATELLITE PERSONAL-COMMUNICATION SERVICES IN THE COMMUNITY
Date: 1997-03-05
Institutions: European Commission
Subjects: approximation of laws, freedom to provide services, radio telecommunications, satellite communications, trade licence

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  05.03.1997 
COM(97)101  final 

95/0274 (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 DECISION 
ON A COORDINATED 

AUTHORIZATION APPROACH IN THE FIELD OF SATELLITE 
PERSONAL-COMMUNICATION SERVICES IN THE COMMUNITY 

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

1. 

BACKGROUND 

On  8 November  1995 the Commission  adopted  a proposal  for  a European  Parliament 
and  Council  Decision  on  an  action  at  a  Union 
field  of 
satellite  personal  communications  services  in  the  European  Union  (COM(95)529), 
which was formally  transmitted to the EP and the Council on  10 November  1995. 

level 

the 

in 

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. 

On  14 October  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)467)3. 

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 Decision4.  This common 
position  is  based  on  a  compromise  proposal  from  the  Presidency  and  deviates 
substantially  from  the original Commission proposal. 

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

2. 

PURPOSE OF THE COMMISSION PROPOSAL 

Within  2-4  years,  a  new  generation  of  satellite  systems  will  become  operational, 
offering  mobile  telecommunication  services  around  the  globe.  The  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. 

included 

The  proposal 
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 

1 

TRA/303,  18.4.96 

2  A4-0179/96, PV  19.06.96 

3  Amended  proposal  fora  EUROPEAN  PARLIAMENT  AND COUNCIL  DECISION  on a  common 
framework  fot  the  harmonised  development  of  satellite  personal  communications  services  in  the 
European  Union  /*  COM/96/0467  FINAL  - COD  95/0274  */ OFFICIAL  JOURNAL  NO.  C  350  , 
21/1 1/1996 P. 0014 

COMMON  POSITION  (EC)  No  6/97  adopted  by  the  Council  on  9  December  1996  with  a  view 
to  the  adoption  of  Decision  No  .../97/EC  of  ...  of  the  European  Parliament  and  of  the  Council  on 
a  coordinated  authorization  approach  in  the  field  of  satellite  personal  communication  services  in 
the Community  OFFICIAL  JOURNAL  NO. C 041 ,  10/02/1997 P. 0037 

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. 

3. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  OF  THE  EUROPEAN 
PARLIAMENT 

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

•  The  amendment  proposes  a  realistic  time  schedule  to  avoid  that  adoption  of  the 
Decision would be later than finalisation  of activities decided upon in the Decision 

4. 

MODIFIED  PROPOSAL 

On  9  December  1996  the  Commission  has  adopted  its  opinion  on  the  Common 
Position of  the  Council  with  a  view  to  the  adoption  of  a  decision  of  the  European 
Parliament  and  of the Council  on  a coordinated  authorization  approach  in the  field  of 
satellite  personal-communication  services  in the  community,  by which  it  accepted  the 
revised text for the proposed Decision. 

Following  the  second  reading  of the  draft  Decision  by the European  Parliament,  the 
Commission  herewith  modifies  its  proposal  for  a  Decision  including  the  amendment 
which was adopted by the European Parliament on 20 February  1997. 

AMENDED  PROPOSAL  FOR 
A DECISION  ON A COORDINATED  AUTHORIZATION APPROACH IN THE  FIELD  OF 
SATELLITE  PERSONAL-COMMUNICATION  SERVICES IN THE  COMMUNITY  DIRECTIVE 
OF THE  EUROPEAN  PARLIAMENT  AND THE  COUNCIL 

H 

1997 

March/April 

March 

March 

July 

for 

1.6/2.4 GHz 

Work  on  mandates  on 
the 
harmonization 
and 
1.6/2.4 GHz 
frequency 
1.9/2.1 GHz 
bands 
One-stop-shopping 
services 
for 
procedure 
planning  to  operate  in  the 
1.6/2.4 GHz 
and 
frequency 
1.9/2.1 GHz 
bands 
Determination  whether  the 
in 
scarcity  of  frequencies 
and 
the 
frequency 
1.9/2.1 GHz 
bands 
a 
constraint  on  the  number 
of 
satellite 
personal-communications 
services  which 
can  be 
provided  in  those  bands  in 
the  Community 
Harmonization 
of 
procedures 
the 
systems 
authorization  of 
planning  to  operate  in  the 
1.6/2.4 GHz 
and 
frequency 
1.9/2.1  GHz 
bands. 

represents 

for 

Timetable 

(following  amendment) 

1997 

July 

July 

July 

September 

for 

1.6/2.4 GHz 

Work  on  mandates  on 
the 
harmonization 
and 
1.6/2.4 GHz 
1.9/2.1 GHz 
frequency 
bands 
One-stop-shopping 
services 
for 
procedure 
planning  to  operate  in  the 
1.6/2.4 GHz 
and 
frequency 
1.9/2.1 GHz 
bands 
Determination  whether  the 
in 
scarcity  of  frequencies 
and 
the 
frequency 
1.9/2.1 GHz 
bands 
a 
constraint  on  the  number 
of 
satellite 
personal-communications 
services  which 
can  be 
provided  in  those  bands  in 
the  Community 
Harmonization 
"  of 
procedures 
the 
systems 
authorization  of 
planning  to  operate  in  the 
1.6/2.4 GHz 
and 
frequency 
1.9/2.1 GHz 
bands. 

represents 

for 

ISSN 0254-1475 

C0M(97)  101  final 

DOCUMENTS 

EN 

15  06  10 

Catalogue number  :  CB-CO-97-085-EN-C 

ISBN 92-78-16616-2 

Office  for Official  Publications of the European Communities 

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