WRITTEN QUESTION No. 3532/98 by Konstantinos HATZIDAKIS to the Commission. Failure of Greece to comply with Community legislation on provision of satellite services
Date: 1998-11-25
Institutions: European Parliament, HATZIDAKIS
Subjects: Greece, infringement of EU law, satellite communications, waveband

C 182/94

Official Journal of the European Communities

EN

28.6.1999

(1999/C 182/125)

WRITTEN QUESTION E-3532/98

by Konstantinos Hatzidakis (PPE) to the Commission

(25 November 1998)

Subject: Failure of Greece to comply with Community legislation on provision of satellite services

The Commission has requested the Greek Government on numerous occasions to incorporate into national
law Directive 90/388/EEC (1), as amended by Directive 94/46/EEC (2) on the abolition of all measures and
provisions concerning the granting of special and exclusive rights to any body for the provision of satellite
services.

These directives require the Member States to have provided the relevant assurances by August 1995 at the
latest.

Until recently, however, Greece had not taken any measures to allow any enterprise or body other than the
national telecommunications organisation, OTE, to provide the above services on its territory.

Will the Commission, therefore, say whether it has asked or intends to ask the Greek Government for an
explanation and whether and to what extent it intends to make use of Article 169 to bring the matter before
the Court of Justice, should the Greek Government fail to comply in due time?

(1) OJ L 192, 24.7.1990, p. 10.
(2) OJ L 268, 19.10.1994, p. 15.

Answer given by Mr Van Miert on behalf of the Commission

(14 January 1999)

The Commission is aware that Greece has failed to fulfil its obligation to fully transpose Article 2(2)
subparagraph 1 of Directive 90/388/EEC, as amended by Directive 94/46/EC, as regards the provision of
satellite services and satellite network services, or to apply effectively the relevant measures. Therefore the
Commission sent a formal warning to the Greek authorities on 15 May 1998.

The Greek authorities replied by letter dated 2 July 1998, informing the Commission of the adoption of
ministerial decisions nos 61646/98, 61647/98, 62087/98. The decisions at issue deal with the tariffs for the
use of radio frequencies, the licensing of satellite services and the granting of frequency approval.

A later communication from the Greek authorities on 20 October 1998 stated that there are already three
applications pending in the national telecommunications committee (EET). The latter committee is to consider
the applications after the relevant regulatory framework is complete. It appears that a ministerial decision is
still necessary to set out the conditions and proceedings for the provision of mobile satellite personal
communications.

Since no authorizations for the provision of satellite services in Greece have been granted so far under the
notified measures, the Commission is currently considering whether to deliver a reasoned opinion under
Article 169 of the EC Treaty. If a reasoned opinion is delivered, the Commission would request Greece to take
the measures necessary to comply with the reasoned opinion. If Greece still fails to authorise the provision of
satellite service, then the case could be brought before the Court of justice.