Opinion of the Committee of the Regions on the "Proposal for a Directive of the European Parliament and of the Council on universal service and users' rights relating to electronic communications networks and services"
Date: 2000-12-14
Institutions: European Committee of the Regions
Subjects: communications systems, electronic equipment, information society, telecommunications, transmission network

C 144/60

EN

Official Journal of the European Communities

16.5.2001

Opinion of the Committee of the Regions on the ‘Proposal for a Directive of the European
Parliament and of the Council on universal service and users’ rights relating to electronic
communications networks and services’

(2001/C 144/18)

THE COMMITTEE OF THE REGIONS,

having regard to the proposal for a Directive of the European Parliament and of the Council on universal
service and users’ rights relating to electronic communications networks and services [COM(2000) 392
final — 2000/0183 (COD)];

having regard to the proposal for a Directive of the European Parliament and of the Council on a
common regulatory framework for electronic communications networks and services [COM(2000) 393
final — 2000/0184 (COD)];

having regard to the proposal for a Directive of the European Parliament and of the Council on access to,
and interconnection of, electronic communications networks and associated facilities [COM(2000) 384
final — 2000/0186 (COD)];

having regard to the proposal for a Directive of the European Parliament and of the Council concerning
the processing of personal data and the protection of privacy in the electronic communications sector
[COM(2000) 385 final — 2000/0189 (COD)];

having regard to the proposal for a Directive of the European Parliament and of the Council on
authorisation of electronic communications networks and services [COM(2000) 386 final — 2000/0188
(COD)];

having regard to the proposal for a Regulation of the European Parliament and of the Council on
unbundled access to the local loop [COM(2000) 394 final — 2000/0185 (COD)];

having regard to the proposal for a Decision of the European Parliament and of the Council on a
regulatory framework for spectrum policy in the European Community [COM(2000) 407 final —
2000/0187 (COD)];

having regard to the decision taken by the Council on 25 October 2000, under the first paragraph of
Article 265 of the Treaty establishing the European Community, to consult the Committee of the Regions
on the matter;

having regard to the decision taken by its Bureau on 13 June 2000 to direct Commission 3 for Trans-
European Networks, Transport and the Information Society to draw up the relevant opinion;

having regard to the opinion of the Committee of the Regions of 17 November 1999 on the
Communication from the Commission to the Council, the European Parliament, the Economic and Social
Committee and the Committee of the Regions on The Convergence of the Telecommunications, Media
and Information Technology Sectors and the Implications for Regulation: results of the public consultation
on the Green Paper (COM(97) 623 final — CdR 149/98 fin) (1) (COM(1999) 108 final — CdR 191/99
fin) (2);

having regard to the opinion of the Committee of the Regions of 13 April 2000 on the Communication
from the Commission to the European Parliament, the Council, the Economic and Social Committee and
the Committee of the Regions on the Fifth Report on the implementation of the Telecommunications
Regulatory Package and the Communication from the Commission to the Council, the European
Parliament, the Economic and Social Committee and the Committee of the Regions: Towards a
new framework for electronic communications infrastructure and associated services — the 1999
Communications Review (COM(1999) 537 final) and COM(1999) 539 final) — CdR 520/99 fin (3);

(1) OJ C 373, 2.12.1998, p. 26.
(2) OJ C 57, 29.2.2000, p. 5.
(3) OJ C 226, 8.8.2000, p. 56.

16.5.2001

EN

Official Journal of the European Communities

C 144/61

having regard to the draft opinion adopted by Commission 3 on 8 November 2000 (CdR 274/2000
rev. 1) (rapporteur: Mr Koivisto, Mayor of Pirkkala, FIN/PSE),

unanimously adopted the following opinion at its 36th plenary session on 13 and 14 December 2000
(meeting of 14 December).

The Committee of the Regions’ views and recommen-
dations concerning the proposal

1.
The Committee of the Regions agrees with the Com-
mission’s objectives with regard to the criteria for reforming
the telecommunications regulatory framework and welcomes
the improved clarity concerning the universal service pro-
cedures and the measures to promote the interests of users
and consumers.

2.
The Committee also agrees with the draft directive’s
objective to ensure, through these measures, the availability of
information society services to all at an affordable price.

3.
The Committee feels that the variations prevalent in
information society services and pricing are above all a regional
policy problem, and that
if a solution is to be found,
the reliance on telecommunications policy will have to be
supplemented with a coordinated use of the Community’s
regional policy tools.

The Committee wishes to draw the Commission’s atten-
4.
tion to the fact that variations in the availability and pricing of
information society services do not always respect regional
borders, and that localised problems can emerge even within
densely populated towns.

5.
The Committee agrees with the Commission’s view that
to obtain a truer picture of the situation, the availability and
quality of services must be monitored at a lower geographical
level than has so far been the case.

6.
The Committee considers that the level of universal
service required in the draft directive is too low to meet even
the existing needs of users. Nor does it respond to the general

Brussels, 14 December 2000.

objectives of the new regulatory framework to ensure more
rapid Internet connection. The Member States should be given
the right to lay down more stringent requirements for universal
service at national level.

the general aim of

The Committee hopes that

7.
the
regulatory framework to promote competition will also be
taken into account in determining the level of universal service
and the objective should therefore be to ensure the availability
of information society services subject to competition through-
out the Community.

7a.
The Committee agrees with the Commission that it is
of importance to ensure that transparent information on
applicable prices, tariffs, standard terms and conditions is
available to the public. In order for consumers to make an
informed choice, it has to be emphasised that this information
is clearly comparable. This can be done by for example
indicating the price of call per second.

8.
The Committee however wants to point out to the
European Commission that the way of distributing net costs
in companies might be unfair from the point of view of
companies outside the system.

9.
The Committee considers it important to implement the
users’ rights proposals on the use of a European emergency
number and a European telephone access code as quickly as
possible.

10.
The Committee agrees with the Commission’s proposal
to number portability
that users’ should have the right
and carrier selection. However, the Committee calls on the
Commission to ensure that, prior to the proposal entering into
force, procedures have been agreed upon which guarantee that
the consumer is always aware in advance of the cost of his/her
phone call.

The President

of the Committee of the Regions

Jos CHABERT