European Parliament legislative resolution on the Council common position with a view to the adoption of a European Parliament and Council directive on the authorisation of electronic communications networks and services (Authorisation Directive) (10419/1/2001 – C5-0417/2001 — 2000/0188(COD))
Date: 2001-12-12
Institutions: European Parliament
Subjects: single market, telecommunications, trade licence, transmission network

25.7.2002

EN

Official Journal of the European Communities

C 177 E/155

COUNCIL
COMMON POSITION

Wednesday 12 December 2001

AMENDMENTS
BY PARLIAMENT

in accordance with Article 15 of Directive
market analysis,
2001/…/EC (Framework Directive) to determine whether to
maintain, amend or withdraw these obligations.

Article 15 of Directive 2001/…/EC (Framework Directive) to
determine whether to maintain, amend or withdraw these obli-
gations. An appropriate period of notice shall be given to
parties affected by such amendment or withdrawal of obli-
gations.

Amendment 19
Article 8, paragraph 3, subparagraph 2

In exceptional circumstances, when a national regulatory auth-
ority intends to impose on operators with significant market
power obligations for access or interconnection that go beyond
those set out in Article 9 to 13 in this Directive it shall submit
this request to the Commission. The Commission, acting in
accordance with Article 14(2) shall take a decision authorising
or preventing the national regulatory authority from taking
such measures.

In exceptional circumstances, when a national regulatory auth-
ority intends to impose on operators with significant market
power other obligations for access or interconnection than
those set out in Articles 9 to 13 it shall submit this request to
the Commission. The Commission, acting in accordance with
Article 14(2), shall take a decision authorising or preventing the
national regulatory authority from taking such measures.

10. Authorisation of electronic communications networks and services (authori-

sation directive) ***II

A5-0433/2001

European Parliament legislative resolution on the Council common position with a view to the
adoption of a European Parliament and Council directive on the authorisation of electronic com-
munications networks and services (authorisation directive) (10419/1/2001 ’ C5-0417/2001 ’
2000/0188(COD))

(Codecision procedure: second reading)

The European Parliament,

/ having regard to the Council common position (10419/1/2001 / C5-0417/2001) (1),

/ having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(2000) 386) (3),

/ having regard to the Commission’s amended proposal (COM(2001) 372) (4),

/ having regard to Article 251(2) of the EC Treaty,

/ having regard to Rule 80 of its Rules of Procedure,

/ having regard to the recommendation for second reading of the Committee on Industry, External

Trade, Research and Energy (A5-0433/2001),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

(1) OJ C 337, 30.11.2001, p. 18.
(2) OJ C 277, 1.10.2001, p. 116.
(3) OJ C 365 E, 19.12.2000, p. 230.
(4) OJ C 270 E, 25.9.2001, p. 182.

C 177 E/156

Official Journal of the European Communities

EN

25.7.2002

Wednesday 12 December 2001

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 10

Recital 32

(32)
In addition to administrative charges, usage fees may be
levied for the use of radio frequencies and numbers as an
instrument to ensure the optimal use of such resources. Such
fees should not hinder the development of innovative services
and competition in the market. This Directive is without preju-
dice to the purpose for which fees for rights of use are
employed. Such fees may for instance be used to finance activ-
ities of national regulatory authorities that cannot be covered
by administrative charges.

(32)
In addition to administrative charges, usage fees may be
levied for the use of radio frequencies and numbers as an
instrument to ensure the optimal use of such resources. Such
fees should not hinder the development of innovative services
and competition in the market. This Directive is without preju-
dice to the purpose for which fees for rights of use are
employed. Such fees may for instance be used to finance activ-
ities of national regulatory authorities that cannot be covered
by administrative charges. Where, in the case of competitive or
comparative selection procedures, fees for rights of use of
radio frequencies consist entirely or partly of a one-off
amount, payment arrangements should ensure that such fees
do not in practice lead to selection on the basis of criteria
unrelated to the objective of ensuring optimal use of radio
frequencies. The Commission may publish, on a regular basis,
benchmark studies on best practices with regard to allocation
of radio frequencies, assignment of numbers or rights of way.

Amendment 11

Article 14, paragraph 1a (new)

1a. Member States shall not restrict or withdraw rights to
install facilities before expiry of the period for which such
rights were granted except where justified and where appli-
cable in conformity with relevant national provisions regard-
ing compensation for withdrawal of rights.

Amendment 6

Article 15, paragraph 2

levels of government,

2. Where information as referred to in paragraph 1 is held
at different
in particular information
regarding procedures and conditions on rights to install facil-
ities, the national regulatory authority shall make all reason-
able efforts to create a user-friendly overview of all such
information, where the relevant authority deems this possible
in order to facilitate applications for
at proportionate costs,
rights to install facilities.

levels of government,

2. Where information as referred to in paragraph 1 is held
at different
in particular information
regarding procedures and conditions on rights to install facil-
ities, the national regulatory authority shall make all reason-
able efforts, bearing in mind the costs involved, to create a
user-friendly overview of all
including
information on the relevant levels of government and the
in order to facilitate applications for
responsible authorities,
rights to install facilities.

such information,

25.7.2002

EN

Official Journal of the European Communities

C 177 E/157

COUNCIL
COMMON POSITION

Wednesday 12 December 2001

AMENDMENTS
BY PARLIAMENT

Amendment 7
Article 17, paragraph 2

2. Where application of paragraph 1 results in a reduction
of the rights or an extension of the obligations under authori-
sations already in existence, Member States may extend the
validity of
the latest
those rights and obligations until at
12 months after the date of application referred to in Arti-
cle 18(1), second subparagraph, provided that
the rights of
other undertakings under Community law are not affected
thereby. Member States shall notify such extensions to the
Commission and state the reasons therefore.

2. Where application of paragraph 1 results in a reduction
of the rights or an extension of the obligations under authori-
sations already in existence, Member States may extend the
validity of
the latest
those rights and obligations until at
9 months after the date of application referred to in Arti-
cle 18(1), second subparagraph, provided that
the rights of
other undertakings under Community law are not affected
thereby. Member States shall notify such extensions to the
Commission and state the reasons therefore.

11. Universal service and users’ rights relating to electronic communications net-

works and services ***II

A5-0438/2001

European Parliament legislative resolution on the Council common position with a view to the
adoption of a European Parliament and Council directive on universal service and users’ rights
relating to electronic communications networks and services (universal service directive) (10421/
1/2001 ’ C5-0418/2001 ’ 2000/0183(COD))

(Codecision procedure: second reading)

The European Parliament,

/ having regard to the Council common position (10421/1/2001 / C5-0418/2001) (1),

/ having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(2000) 392) (3),

/ having regard to the Commission’s amended proposal (COM(2001) 503) (4),

/ having regard to Article 251(2) of the EC Treaty,

/ having regard to Rule 80 of its Rules of Procedure,

/ having regard to the recommendation for second reading of the Committee on Legal Affairs and the

Internal Market (A5-0438/2001),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

‘Texts Adopted’, 13.6.2001, Item 7.

(1) OJ C 337, 30.11.2001, p.55.
(2)
(3) OJ C 365 E, 19.12.2000, p. 238.
(4) OJ C 332 E, 27.11.2001, p. 292.