WRITTEN QUESTION P-1839/00 by W. G. van Velzen (PPE-DE) to the Commission. Auctioning of mobile-telephone radio frequencies.
Date: 2000-05-31
Institutions: European Parliament, Provisional data
Subjects: Denmark, Germany, Netherlands, United Kingdom, auction sale, competence of the Member States, infringement of EU law, mobile phone, waveband

C 89 E/94

Official Journal of the European Communities

EN

20.3.2001

Regione Lombardia implementing (cid:145)DPR 12 aprile 1996(cid:146). The authorities of Regione Lombardia have
already communicated to the Municipality of Brescia that the project is to be the subject of a screening
procedure, in order to assess whether an environmental impact assessment procedure is necessary.

In the light of the above, no breach of Community law can be identified at present.

(1) OJ L 175, 5.7.1985.

(2001/C 89 E/100)

WRITTEN QUESTION P-1839/00

by W. G. van Velzen (PPE-DE) to the Commission

(31 May 2000)

Subject: Auctioning of mobile-telephone radio frequencies

On 24 May 2000, at the hearing on the 1999 review in Parliament, Commissioner Liikanen voiced his
disquiet at the considerable proceeds from the auctioning-off of UMTS frequencies in the United Kingdom.
I very much share that disquiet and note that the EC can bring infringement proceedings against the
United Kingdom on the basis of Article 11 of the licences directive (Directive 97/13/EC (1); see below).

In view inter alia of the disquiet voiced and the point made above, why does the Commission not

1.
commence infringement proceedings against the United Kingdom?

2.
Is the EC ultimately prepared to commence infringement proceedings on the same grounds against
the Netherlands, Germany and Denmark, which are planning to auction-off radio frequencies for UMTS
usage?

(1) OJ L 117, 7.5.1997, p. 15.

Article 11 (cid:129) Fees and charges for individual licences
1. Member States shall ensure that any fees imposed on undertakings as part of authorisation procedures seek
only to cover the administrative costs incurred in the issue, management, control and enforcement of the applicable
individual licences. The fees for an individual licence shall be proportionate to the work involved and be published
in an appropriate and sufficiently detailed manner, so as to be readily accessible.
2. Notwithstanding paragraph 1, Member States may, where scarce resources are to be used, allow their national
regulatory authorities to impose charges which reflect the need to ensure the optimal use of these resources. Those
charges shall be non-discriminatory and take into particular account the need to foster the development of
innovative services and competition.

Answer given by Mr Liikanen on behalf of the Commission

(4 July 2000)

The Commission is following closely the implementation of procedures in the Member States for the
licensing of third generation mobile networks, including those involving the auctioning of radio frequency
spectrum. It is doing so in the light of the applicable provisions of Community law, notably Directive 97/
13/EC of the Parliament and of the Council of 10 April 1997, on a common framework for general
authorisations and individual licences in the field of telecommunications services, Commission Directive
90/388/EEC of 28 June 1990, on competition in the markets for telecommunications services (1)
(as amended) and Decision No 128/1999/EC of the Parliament and of the Council of 14 December 1998
on the co-ordinated introduction of a third-generation mobile and wireless communications system
(UMTS) in the Community (2), as well as the competition rules of the EC Treaty.

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In particular, Article 10(3) of Directive 97/13/EC provides that selection criteria for licensing of scarce
resources such as radio frequencies should be (cid:145)objective, non-discriminatory, detailed, transparent and
proportionate(cid:146). In addition, Article 11(2) states that(cid:145)(cid:133) Member States may, where scarce resources are to
be used, allow their national regulatory authorities to impose charges which reflect the need to ensure the
optimal use of these resources. Those charges shall be non-discriminatory and take into particular account
the need to foster the development of innovative services and competition(cid:146).

Consequently, it is for Member States to determine, in accordance with the principle of subsidiarity, what
procedures to follow in allocating the limited frequency spectrum available for third generation networks,
provided that they comply with the principles of objectivity, non-discrimination, proportionality and
transparency established by Community law. The Commission is of the view that the use of auction
procedures for the allocation of radio frequencies for third generation mobile networks is not in itself
contrary to those principles and cannot as such be subject to an infringement procedure. As for the need
to foster the development of innovative services and competition, it depends on the economic effect of the
various auction formulae used. Those depend on a number of variables (length of licence, rules for
payment of licence fees, conditions for network deployment, and roaming obligations) which cannot yet
be assessed. The Commission continues to monitor the licensing process in the Member States with great
It is particularly attentive to the need to ensure that the above-mentioned principles are
attention.
respected, and is making an assessment of the economic impact of the procedures used.

(1) OJ L 192, 24.7.1990.
(2) OJ L 17, 22.1.1999.

(2001/C 89 E/101)

WRITTEN QUESTION E-1841/00

by Klaus-Heiner Lehne (PPE-DE) to the Commission

(9 June 2000)

Subject: Copyright protection of Community legal texts in the CELEX data bank

Is it true that the Commission considers Community legal texts in the CELEX data bank to be

1.
covered by copyright?

2.

If so, what does the Commission consider is the basis for this copyright protection?

3.

Is the Commission relying in this connection on Directive 96/9/EC?

If so, on what basis does the Commission argue that the Directive should have direct effect in this
4.
case even though it has not been transposed by a national law on the copyright protection of legal texts?

Does the Commission consider it acceptable for legal texts, which are produced by the Community

5.
legislature and should be generally available for public access and use, to be covered by copyright?

6. What is the Commission(cid:146)s view of the current legal disputes in Germany, for example, between the
various licensees?