Amended proposal for a European Parliament and Council Directive amending Directive 97/33/EC with regard to operator number portability and carrier pre-selection
Date: 1997-11-28
Institutions: European Commission
Subjects: communications policy, liberalisation of the market, new technology, telecommunications, telephone

COMMISSION OF THE EUROPEAN COMMUNITIES 

it 
•tt 

* 
-it 

Brussels,  28.11.1997 
COM(97) 674 final 

97/0250  (COD) 

Amended proposal  for a 

EUROPEAN PARLIAMENT  AND  COUNCIL DIRECTIVE 

amending Directive 97/33/EC with regard to  operator number portability and carrier 
pre-selection 

(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  Directive  amending  Directive  97/3 3/EC  with  regard  to  operator  number 
portability  and  carrier  pre-selection.  The  modified  proposal  incorporates  the  single 
amendment proposed by the European Parliament in first reading. 

1. 

a) 

Introduction 

Background 

The Commission adopted its original proposal on  1  October  1997 (COM(97) 480) and 
it  was  formally  transmitted  to  the  European  Parliament  and  to  the  Council  on  3 
October 1997. 

The European Parliament  adopted  a  resolution on 20 November  1997 approving the 
proposal subject to one amendment. 

b) 

Scope and aim of the proposal 

The objective of the present proposal  is to strengthen the existing provisions on equal 
qualitative and quantitative access to numbering resources for all market players in the 
Community's  current  legal  framework  for  telecommunications.  The  availability  of 
operator number portability and carrier pre-selection will make it easier for consumers 
to choose alternative service and network providers.  This will enable them to  benefit 
directly  from  competition  in the telecommunications  market. By offering  consumers 
a non-discriminatory and user friendly way of choosing between different  providers of 
telecommunications  services, consumer choice can act as a catalyst  in the process of 
achieving better quality telecommunications services at more competitive prices. 

2. 

EP amendment accepted by the Commission 

The European Parliament  has proposed  only one amendment which  is acceptable  for 
the Commission. 

This  amendment  will  extend  an  existing  deferment  clause  (Article  20(2)  of  the 
Interconnection  Directive  97/33/EC ) which gives a certain flexibility for  the date  of 
implementation  of  number  portability  in  cases  where  Member  States  can  prove  that 
this will impose an excessive burden on the operators concerned. With the amendment 
the  clause  will  also  apply  for  carrier  pre-selection.  Under  this  clause,  temporary 
deferment  may  be  granted  by  the  Commission,  on  the  basis  of  objective  arguments 
and  taking  account  of "the particular  situation  in  the  Member  State  and  the  need  to 
ensure a coherent regulatory environment at a Community level". 

3. 

Conclusion 

In accordance with Article  189a paragraph  2 of the Treaty, the Commission  modifies 
its initial proposal, incorporating this amendment. 

Amended proposal  for a 

EUROPEAN PARLIAMENT  AND COUNCIL DIRECTIVE 

amending Directive 97/3 3/EC with regard to  operator number portability and carrier pre 
selection 

Original text 

Article 1 

Modified text 

Article 1 

Directive  97/33/EC1  is  hereby  amended  as  Directive  97/33/EC1  is  hereby  amended  as 
follows  : 

follows : 

Paragraph  5  of  Article  12  shall  be 

1. 
replaced by the following : 

1.  Paragraph  5  of  Articte  12  shall  be 
replaced by the following : 

"5. 
National  regulatory  authorities  shall 
encourage the earliest  possible  introduction 
of  number  portability  whereby  end-users 
who  so  request  can  retain  their  number(s) 
on the fixed  public  telephone  network  at  a 
the 
specific 
organisation  providing  service,  and  shall 
ensure  that  this  facility  is  available  by  1 
January 2000 at the latest." 

independent  of 

location 

"5. 
National  regulatory  authorities  shall 
encourage the earliest  possible  introduction 
of  number  portability  whereby  end-users 
who  so  request  can  retain  their  number(s) 
on the fixed  public telephone  network  at  a 
the 
specific 
organisation  providing  service,  and  shall 
ensure  that  this  facility  is  available  by  1 
January 2000 at the latest." 

independent 

location 

of 

A  new  paragraph  shall  be  inserted 

2. 
after paragraph 6 of Article  12 : 

2.  A  new  paragraph  shall  be  inserted  after 
paragraph 6 of Article  12 : 

National  regulatory  authorities  shall 
"7. 
require  Organizations  operating  public 
telecommunications  networks  as  set  out  in 
Part  1 of  Annex  I  and  notified  by  national 
regulatory  authorities  as  Organizations 
having  significant  market  power,  to  enable 
their  subscribers  to  access  the  switched 
services  of  any  interconnected  provider  of 
publicly 
telecommunications 
services.  For  this  purpose  facilities  shall  be 
in  place  by  1  January  2000  at  the  latest, 
which  allow the  subscriber  to  choose  these 
services  by  means  of  permanent  pre-

available 

National  regulatory  authorities  shall 
"7. 
require  Organizations  operating  public 
telecommunications  networks  as  set  out  in 
Part  1 of  Annex  i  and  notified  by  national 
regulatory  authorities  as  Organizations 
having  significant  market  power,  to  enable 
their  subscribers  to  access  the  switched 
services  of  any  interconnected  provider  of 
publicly 
telecommunications 
services.  For  this  purpose  facilities  shall  be 
in  place  by  1  January  2000  at  the  latest, 
which  allow the  subscriber  to  choose  these 
services  by  means  of  permanent  pre-

available 

Directive  97/33/EC  of  the  European  Parliament  and  of  the  Council  of  30  June  1997  on 
interconnection in Telecommunications with regard to ensuring universal service and interoperability 
through application of the principles of Open Network Provision (ONP), OJ No L 199, 26.7.97, p.32. 

which  allow  the subscriber to choose these 
services  by  means  of  permanent  pre 
selection with a facility  to override the pre 
selected  choice  on  a  call-by-call  basis  by 
dialling a short  prefix." 

selection with a facility  to override the pre 
selected  choice  on  a  call-by-call  basis  by 
dialling a short  prefix." 

3.  Paragraph  2  of  Article  20  shall  be 
replaced by the following : 

Deferment  of  the  obligations  under 
"2. 
Article  12(5)  and  12(7)  may  be  requested 
where  the  Member  State  concerned  can 
prove that they would  impose  an  excessive 
burden  on certain  organizations  or  classes 
of  organization.The  Member  State  shall 
inform  the  Commission  of  the  reasons  for 
requesting  a  deferment,  the  date  by  which 
the  requirements  can  be  met,  and  the 
measures  envisaged  in  order  to  meet  this 
deadline.  The  Commission  shall  consider 
the 
the 
particular  situation  in  the  Member  State 
and 
to  ensure  a  coherent 
regulatory  environment  at  a  Community 
level,  and  shall  inform  the  Member  State 
whether 
the  particular 
situation  in  that  Member  State  justifies  a 
deferment  and, if so, until which  date  such 
deferment  is justified." 

into  account 

it  deems 

the  need 

request 

taking 

that 

ISSN 0254-1475 

COM(97) 674  final 

DOCUMENTS 

08  10  15  16 

Catalogue  number  :  CB-CO-97-691-EN-C 

ISBN  92-78-28764-4 

Office  for Official  Publications of the European  Communities 

L-2985 Luxembourg