Opinion of the Commission pursuant to Article 189B(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 the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment (replacing European Parliament and Council Directive 95/62/EC)
Date: 1997-10-20
Institutions: European Commission
Subjects: competition, systems interconnection, telecommunications, telephone, transmission network

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.10.1997 
COM(97) 531 final 

96/ 0226 (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 

on the application of open network provision (ONP) to voice telephony 
and on universal service for telecommunications in a competitive environment 
(replacing European Parliament and Council Directive 95/62/EC) 

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

EXPLANATORY 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 
on the application of open network provision  (ONP) to voice telephony  and on universal 
service  for  telecommunications  in  a  competitive  environment  (replacing  European 
Parliament and Council Directive 95/62/EC). 

The  amended  proposal  incorporates  those  amendments  proposed  by  the  European 
Parliament at Second Reading which were accepted by the Commission. 

L.  Introduction 

a)  Background 

The Commission  adopted  its proposal  on  11.9.19961, and it was  formally  transmitted  to 
the EP and the Council on 5.11.1996. 
The Economic and Social Committee gave a favourable Opinion on 15 January 19972. 

The  European  Parliament  adopted  a  favourable  Resolution  at  its  First  Reading  on 
20.2.1997, and proposed 34 amendments to the Commission proposal3. 
The Council adopted its Common Position4 on 9 June 1997, 
The European Parliament adopted a Decision5 at its Second Reading on 17.9.1997, putting 
forward  17 amendments to the Council Common Position. 

b)  Purpose of the Directive 

The aim of the Commission proposal  is to replace the existing  European Parliament  and 
Council Directive 95/62/EC on the application of open network provision (ONP) to voice 
telephony6. 

The  adaptation  is  being  made  in  view  of  the  liberalisation  of  public  voice  telephony 
services  by  1st  January  1998  (with  transition  periods  for  certain  Member  States),  in 
accordance with Commission Directive 96/19/EC7. 

The purpose of the adaptation is two-fold:  firstly  it is necessary to adapt the Directive to a 
competitive environment and, in particular, to be more specific  as to whom the provisions 
of the Directive will apply in a market with many players; secondly the Directive is being 

1  COM(96) 419, OJ C 371, 9.12.1996, p. 22 
2  .COM(96) 73 final, CdR 371/96  fin  E-PES/jg 
3  A4-0049/97, PV 20.2.1997 
4  OJC  234,  1.8.97, p.87 
5  A4 0263/97 PV  17.9.1997 
6  OJL  321, 30.12.1995, p. 6 
7  OJL  74, 22.3.1996, p. 13 

- 2-

strengthened  in  the  area  of  universal  service,  in  line  with  the  position  expressed  in  the 
Commission  Communication  on universal service for  telecommunications8. 

The  adaptation  is  consistent  with  the  European  Parliament  and  Council  Directive 
97/33/EC  on  interconnection  in  telecommunication9,  which  lays  down  that  only  the 
provision  of  a  fixed  public  telephone  network  and  fixed  public  telephone  service  can  be 
financed  by a universal service financing  scheme. 

11.  EP amendments  accepted by the  Commission 

Of  the  17  amendments  adopted  by  the  European  Parliament  at  Second  Reading,  the 
Commission accepted  14 in full,  in part or in principle (i.e. with  some reformulation  of the 
text). 

Amendments accepted in full,  in part or in principle: 

2, 3, 5, 6, 7,10,  11,  15, 17, 19, 20, 21, 22, 26 

The Commission  accepted as drafted  those amendments  which: 

• 

improve consumer protection  provided  they  were  in line  with  other  directive  [accepted 
in full  amendment  5, and in part  amendments  15: first and  last parts,  17: two  last parts 
and 26 first part], 

• 

improve  the  clarity  of  the  text  on  rides  on  the  provision,  costing  and  financing  of 
universal service  [first and last part  of amendment  2], 

•  are in line with  Commission position  on Comitology [accepted  in full  21,  22], 

•  clarify special  network  access [accepted  in full  20]. 

In addition, the Commission  agreed with the EP on the principles underlying  the  following 
amendments: 

•  Amendment  2 (secondpart)  : concerns operators  who may provide  universal  service, 

•  Amendment  3  (Last part):  which  improves  disabled  users  access  to  telecommunication 

services, 

•  Amendment  19:  transition  measure  to  be  provided  until  number  portability 

is 

introduced, 

•  Amendment  7: includes  text-telephones  in the definition  of public  pay-phone, 

•  Amendment  17:  itemised  billing  to  be  provided  in  alternative  format  for  blind  and 

partially  sighted  users, 

•  Amendment  11: Allows  Member  States  to requires  additional  services  to be provided,  if 

they are not financed  through  contributions from  market  players. 

In its modified  proposal, the Commission  has taken over amendments  7,  17 in the relevant 
recitals  rather  than  as  changes  to the  Articles.  In  addition,  amendments  2 (second  part), 3 
(last part), 19 and  11 have been taken over with some textual changes. 

8 COM(96) 73, 13.3.1996 
9 OJL199/32, 26.7.97, 

3.  Amendments not accepted by the Commission 

The reasons  which  led  the  Commission  not  to  accept  a number  of  the  amendments  (or 
parts  of  them)  proposed  by  the  European  Parliament  are  given  below,  grouped  into  3 
categories. 

Users' and consumers' rights 

In  amendment  3 to  recital  8 the  term  "does  include"  instead  of  "could  include"  is  too 
binding for a recital. 

In the second part of amendment  15, the Commission believes that requests by users  for 
alteration of contracts can be handled under the procedure in Article 26 (1). 

In  the  third  part  of  amendment  15  concerning  the  basis  for  alteration  of  contracts  the 
common  position  already  limits  alteration  by  stating:  "insofar  as  they  concern  the 
provisions of this directive order to protect the rights of users". The Commission  prefers 
the text of the Common Position. 

The second part of amendment 26 which requests the Commission to review the quality of 
services biannually is not necessary since the Commission is already doing this, and will 
be  producing  a  report  on  universal  service  at  the  end  of  1997  as  foreseen  in  the 
Commission  Communication  of  13  March  1996  on  Universal  Service 
for 
telecommunications in the perspective of a fully liberalised environment, COM(96) 73. 

Rules on the provision, costing and financing of universal service [Amendments 8, 10] 

Amendment  8 proposes  a  change  to  the  existing  definition  of  universal  service  (in  the 
Directive 97/33/EC on interconnection]. This change is not accepted. 

Amendment  10  to  Article  3  deletes  reference  to  "in  the  light  of  specific  national 
conditions".  As  the  agreed  definition  of  universal  service  include  this  reference,  this 
deletion cannot be accepted. 

European guidelines for affordability  [amendments 1, 9] 

This Directive does not seek to change the existing situation, whereby Member States are 
free to have or not to have uniform  prices throughout  their territory.  Therefore  the first 
part of amendment 1  is not accepted. 

In accordance with the principle of subsidiarity, the criteria to calculate affordability  are to 
be  determined  at  a  national  level.  Considering  the  very  different  national  or  regional 
conditions  throughout  the  Union,  it  does  not  seem  appropriate  to  aim  at  guidelines  on 
affordability  (amendment  1  and 9). 

4.  Conclusion 

The Commission has accepted 14 of the 17 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. 

4-

AMENDED PROPOSAL FOR A EUROPEAN PARLIAMENT AND COUNCIL 
DIRECTIVE ON THE APPLICATION OF OPEN NETWORK PROVISION (ONP) 
TO VOICE TELEPHONY AND ON UNIVERSAL SERVICE FOR 
TELECOMMUNICATIONS  IN A COMPETITIVE ENVIRONMENT 
(REPLACING EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 95/62/EC) 

Common  Position 

Amended 

text 

Recital 6 
(based on EP amendment 2) 

the 

the 

service 

universal 

providing 

importance  of 

interconnection 
regard 
interoperability 

Whereas 
the  fixed  public 
telephone  network  and  service  is  such  that  the 
latter  should  be  available  to  anyone  reasonably 
requesting  it;  whereas,  in  accordance  with  the 
principle  of subsidiarity,  it is for  Member  States to 
decide  which  organizations  have the  responsibility 
for 
for 
telecommunications  as  defined  in  this  Directive, 
taking  into  account  the  ability  of  organizations  to 
it;  whereas  corresponding  obligations 
provide 
could  be  included  as  conditions  in  authorizations 
to  provide  publicly  available  telephone  services; 
whereas, 
in  accordance  with  Article  5(1)  of 
Directive  97/. ./EC of the  European  Parliament  and 
of 
in 
on 
the  Council 
to  ensuring 
telecommunications  with 
universal  service  and 
through 
application  of  the  principles  of  Open  Network 
Provision  (ONP),  Member  States  may  establish 
the 
mechanisms  for  sharing 
other 
universal 
organizations 
public 
telecommunications  networks  and/or  publicly 
available voice telephony  services; whereas  public 
telecommunications  networks  include  both  public 
fixed  networks  and  public  mobile  networks; 
whereas  national  regulatory  authorities  should 
satisfy 
organizations 
that 
benefiting  from  universal  service  funding  provide 
sufficient  level  of  detail  of  the  specific  elements 
requiring  such  funding  in  order  to  justify  their 
request;  whereas  the  Commission  has  adopted 
guidelines  on 
financing  of 
the  costing  and 
universal  service indicating the level of detail to be 
provided in such declarations bv operators; 

obligations  with 
operating 

the  net  cost  of 

themselves 

service 

those 

the 

telephone 

importance  of 

services;  whereas, 

Whereas 
the  fixed  public 
telephone  network  and  service  is  such  that  the 
latter  should  be  available  to  anyone  reasonably 
requesting  it;  whereas,  in  accordance  with  the 
principle  of subsidiarity,  it is for  Member  States  to 
decide  on 
the  basis  of  objective  and  non 
discriminatory  criteria  which  organizations  have 
the  responsibility  for  providing 
the  universal 
service  for  telecommunications  as  defined  in  this 
Directive,  taking  into  account  the  ability  and, 
where  appropriate  the willingness of  organizations 
to  provide  all  or  part  of  its  element:  whereas 
corresponding  obligations  could  be  included  as 
conditions  in  authorizations  to  provide  publicly 
available 
in 
accordance  with  Article  5(1)  of  Directive 
97/33/EC  of  the  European  Parliament  and  of  the 
Council  on interconnection  in  telecommunications 
with  regard  to  ensuring  universal  service  and 
interoperability 
the 
principles  of  Open  Network  Provision  (ONP), 
Member  States  may  establish  mechanisms  for 
sharing  the  net  cost  of  the  universal  service 
obligations  with  other  organizations  operating 
and/or 
public 
publicly  available  voice 
services; 
telephony 
whereas  public 
telecommunications  networks 
include  both  public  fixed  networks  and  public 
regulatory 
mobile  networks;  whereas  national 
authorities  should  satisfy  themselves  that  those 
organizations  benefiting  from  universal  service 
funding  provide  sufficient  level  of  detail  of  the 
specific  elements  requiring  such  funding  in  order 
to  justify  their  request;  whereas  the  accounting 
methods  and  the  level  of  detail  to  be  used  for  the 
costing and  financing  of the universal  service  shall 
be  monitored  by  the  Commission  in  conformity 
with  the  applicable  competition  law  and  sector 
specific  directives. 

telecommunications 

application 

networks 

through 

of 

Council  Common  Position 

Revised  Proposal 

Recital  8 
(based  on  EP  amendments  3 ,7  and  17) 

to  and  affordability  of 

Whereas  Member  States  shall,  where  appropriate, 
take  suitable  measures  in  order  to  guarantee  the 
access 
fixed  public 
telephone  services  for  disabled  users  and  users 
with  special  social  needs;  whereas  this  could 
include,  where.appropriate,  specific  measures  for 
blind,  partially  sighted,  deaf  or  hearing-impaired 
people; 

Whereas  Member  States  shall,  where  appropriate, 
take  suitable  measures  in  order  to  guarantee  the 
access  to  and  affordability  of  all  fixed  public 
telephone  services  for  disabled  users  and  users 
with  special  social  needs;  whereas  this  could 
include,  where  appropriate,  specific  measures  for 
blind,  partially  sighted,  deaf  or  hearing-impaired 
people; Whereas public pay telephone  may  include 
public  pav  text  telephones  for  deaf  or  speech-
impaired  people,  whereas  free  access  to  directory 
enquiry  services  for  disabled  users,  especially 
blind  or partially  sighted,  is  essential  to  guarantee 
their  equal  access  to  information  available  to  the 
general  public:  whereas 
in 
alternative  format  should  be  available  on  request 
for blind and partially  sighted people. 

itemised  "billing 

Recital  14 
(based  on  EP  amendment  5) 

Whereas  price  transparency  should  ensure  that 
residential  subscribers  do  not  subsidize  discounts 
to business  customers; whereas  certain  obligations 
concerning  tariffs  and  cost  accounting  systems 
will  no  longer  be  appropriate  once  competition  is 
introduced  and  whereas  others  can  be  relaxed  by 
the  competent  national  regulatory  authority  as 
the  desired 
soon 
competition 
the 
cases 
objectives;  whereas 
requirements 
non-discrimination 
the 
of 
law  apply; 
rules  of  Community 
competition 
whereas  the  requirement  for  unbundling  does  not 
prevent  facilities  from  being  combined  in  a  tariff 
package; 

achieves 
all 
in 

as 

Whereas  price  transparency  should  ensure  that 
residential  subscribers  do  not  subsidize  discounts 
to business  customers;  whereas  certain  obligations 
concerning  tariffs  and  cost  accounting  systems 
will  no  longer  be  appropriate  once  competition  is 
introduced  and  whereas  others  can  be  relaxed  by 
the  competent  national  regulatory  authority  as 
the  desired 
soon 
as  competition 
the 
cases 
objectives;  whereas 
the 
requirements 
non-discrimination 
of 
law  apply; 
rules  of  Community 
competition 
whereas  the  requirement  for  unbundling  does  not 
prevent  facilities  from  being  combined  in  a  tariff 
package,  provided  this  practice  is  not  used  to 
unduly restrict the users' freedom  of choosing  their 
suppliers  for  the  different  services  they  may  wish 
to use: 

achieves 
all 
in 

-7 

Coined Common Position 

Revised Proposal 

Article 1(1) second subparagraph 
(based on EP amendment 6) 

The  aims  are  to ensure  the  availability  throughout 
the  Community  of  good  quality  fixed  public 
telephone  services and to define  the  set of  services 
to  which  all  users,  including  consumers,  should 
have  access  in  the  context  of  universal  serviceJn 
the  light  of  specific  national  conditions,  at  an 
affordable  price. 

The  aims  are  to  ensure  the  availability  throughout 
the  Community  of  good  quality  fixed  public 
telephone  services  and  to define  the  set  of  sen-ices 
to  which  all  users,  including  consumers,  should 
have access in the context of universal  service. 

Article 3(1), first subparagraph 
(based on EP amendment 10) 

Member  States  shall  ensure  that  the  services  set 
out  in  this  Chapter  are  made  available  to  all  users 
in  their  territory,  independent  of  geographical 
location,  and, 
light  of  specific  national 
conditions, at an affordable  price  as determined by 
them. 

in 

Member  States  shall  ensure  that  the  services  set 
out  in this  Chapter  are made  available  to  all  users 
in  their  territory,  indépendant  of  the  geographical 
location,  and, 
light  of  specific  national 
in 
conditions, and at an affordable  price. 

Article 4, second paragraph a (new) 
(based on EP amendment 11) 

concerning 

2a.  Member  States  may 
impose  additional 
of 
requirements 
provision 
the 
telecommunication  services  in  accordance  with 
Community 
law.  Such  additional  requirements 
may  not, under  any  circumstances  whatever,  have 
an  impact  on  the  costing  of  universal  service 
provision  as laid  down  at EU level  and mav not be 
financed  from  a mandatory  contribution  bv  market 
players, 

- 8-

Council  Common  Position 

Revised  Proposal 

Article 10 
(based on EP amendment  15) 

National  regulatory  authorities  shall  ensure  that 
organizations  providing  access  to  fixed  public 
telephone  networks  and  mobile  public  telephone 
networks  provide  a  contract.  The  contract  shall 
specify  the  service  to  be  provided  or  shall  make 
terms  and 
to  publicly  available 
reference 
conditions.  The contract  or the publicly  available 
terms  and  conditions  shall  at  least  specify  the 
supply time for initial connection  and the types of 
maintenance  service  offered,  the  compensation 
and/or refund  arrangements  for  subscribers which 
apply  if  the  contracted  service  is  not  met  and  a 
summary  of  the  method  of  initiating  procedures 
for  the  settlement  of  disputes  in  accordance  with 
Article 26. 

to  publicly  available 

National  regulatory  authorities  shall  ensure  that 
organizations  providing  access  to  fixed  public 
telephone  networks  and  mobile  public  telephone 
networks  provide  a  contract.  The  contract  shall 
specify  the  service  to  be  provided  or  shall  make 
terms  and 
reference 
conditions.  The contract or the publicly  available 
terms  and  conditions  shall  at  least  specify  the 
supply  time  for  initial  connection,  the  types  of 
maintenance  service  and  the  level  of  quality  of 
service  offered,  the  compensation  and/or  refund 
arrangements  for  subscribers  which  apply  if  the 
contracted service is not met and a summary of the 
method  of  initiating procedures  for  the'settlement 
of disputes in accordance with Article 26. 

National regulatory authorities  or other competent 
bodies  according  to  national  legislation  shall  be 
able  to  require  the  alteration  of  the  conditions of 
contracts  referred  to  in  paragraph  1  and  the 
conditions  of  any  compensation  and/or  refund 
schemes  used 
the 
provisions of this Directive  in order to protect the 
rights of users and/or subscribers. 

they  concern 

insofar  as 

National regulatory  authorities  or other competent 
bodies  according  to  national  legislation  shall  be 
able  to require  the  alteration  of  the  conditions  of 
contracts  referred  to  in  paragraph  1  and  the 
conditions  of  any  compensation  and/or  refund 
schemes  used 
the 
provisions of this Directive  in order to protect  the 
rights of users and/or subscribers. 

they  concern 

insofar  as 

The  Commission  shall  ensure  that  the  alterations 
called for do not interfere with fair competition on 
the market, 

Article 12(1), first  subparagraph 
(based on EP amendment  26) 

1. Member States shall be able, where they deem it 
necessary, to set the quality  of  services  identified 
in this Directive  for  organizations providing  fixed 
public  telephone  networks  and/or  fixed  public 
telephone services. 

1. Member States shall take the necessary 
steps to ensure the quality of services 
identified  in this Directive for  organizations 
providing  fixed  public telephone  networks 
and/or fixed public telephone services. 

- 9-

Council  Common  Position 

Revised  Proposal 

Article 14(1) first subparagraph 
(based on EP amendment 17) 

1.  In  order  to  ensure  that  users  have  access  over 
fixed  public 
telephone  networks  as  early  as 
possible to the facilities  of: 

1.  In  order  to  ensure  that  users  have  access  over 
fixed  public 
telephone  networks  as  early  as 
possible to the  facilities  of: 

- tone dialling 

- tone  dialling 

-  itemized  billing  and  selective  call  barring  as 
facilities  available on request, 

-  itemized  billing  and  selective  call  barring  as 
facilities  available on request, 

to  provide 

Member  States  may  designate  one  or  more 
operators 
to  most 
telephone  users  before  31  December  1998  and  to 
ensure  that  they  are  generally  available  before  31 
December  2002. 

these  facilities 

national  regulatory  authorities  may  designate  one 
or  more  operators  to  provide  these  facilities  to 
most  telephone  users  before  31 December  1998 
and  to  ensure  that  they  are  generally  available 
before  31 December  2001. 

Article 15(4) 
(based on EP amendment 19) 

Where 
the  facility  of  number  portability,  as 
referred  to  in  Article  12(5)  of  Directive  97/  /EC 
on  Interconnection,  is  not  yet  in  use,  national 
that,  for  a 
regulatory  authorities  shall  ensure 
reasonable  period  after  a  subscriber  has  changed 
supplier,  either  a telephone  call  to  his  old  number 
can  be  re-routed  to  his  new  number  or  callers  are 
given an indication of the new  number. 

National  regulatory  authorities  shall  ensure  that 
any fees  for the above facilities  are reasonable. 

Where 
the  facility  of  number  portability,  as 
referred  to  in  Article  12(5)  of  Directive  97/33/EC 
on  Interconnection,  is  not  yet  in  use,  national 
regulatory  authorities  shall  ensure  that,  for  a 
reasonable  period  after  a  subscriber  has  changed 
supplier,  either  a  telephone  call  to  his  old  number 
can  be  re-routed  to  his  new  number  or  callers  are 
given  an  indication  of  the  new  number,  without 
charging the user or the callers for this service. 

National  regulatory  authorities  shall  ensure  that 
any fees  for  the above facilities  are reasonable. 

10 

Council  Common  Position 

Revised  Proposal 

Article  16(1) 
(based on EP amendment 20) 

Special network access 

Special network access 

1. National regulatory  authorities shall ensure that 
the organizations with significant  market power in 
the  provision  of fixed public  telephone  networks 
deal  with  reasonable  requests  from  organizations 
providing  telecommunications  services  for  access 
to  the fixed public  telephone  network  at  network 
termination  points  other 
the  commonly 
provided network termination points referred  to in 
Annex II, part 1. 

that 

1. National regulatory authorities  shall ensure that 
the organizations with significant  market power in 
the  provision  of  fixed  public  telephone  networks 
deal  with  reasonable  requests  from  organizations 
providing  telecommunications  services  for  access 
to  the fixed public  telephone  network  at  network 
termination  points  other 
the  commonly 
provided network termination points referred  to in 
Annex  II,  part  1.  This  obligation  may  only  be 
limited  if  there  are  technically  and  commercially 
viable alternatives to the special  access requested. 
and  that  the  requested  access  is  inappropriate  in 
relation  to  the  resources  available  to  meet  the 
request, 

that 

Article 28 
(based on EP amendment 21) 

Modifications  necessary to adapt Annexes I, II 
and  III  to  this  Directive  to 
technological 
developments  or to changes in market  demand 
shall  be  determined  in  accordance  with  the 
procedure laid down in Article 1Q. 

Modifications  necessary  to adapt Annexes  I, II 
and  III  to  this  Directive 
technological 
developments  or to changes  in market  demand 
shall  be  determined  in  accordance  with  the 
procedure laid down in Article 22 

to 

11 

Council  Common  Position 

Revised  Proposal 

Article  30 
(based  on  EP  amendment  22) 

Deleted 

Notwithstanding  the  provisions  of  Article 29.  the 
following  procedure  shall  apply  in  respect  of  the 
matters covered by Article 28. 

limit  which 

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 
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  the  Committee  shall  be 
weighted in the manner set out in that Article.  The 
Chairman  shall not vote. 

3.  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 
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. 

is  delivered, 

If.  on  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, 

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ISSN 0254-1475 

COM(97) 531 final 

DOCUMENTS 

EN 

15  16  10  08 

Catalogue  number  :  CB-CO-97-549-EN-C 

ISBN  92-78-26066-5 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

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