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))
Date: 2001-12-12
Institutions: European Parliament
Subjects: consumer protection, new technology, telecommunications, telephone charges, transmission network, universal service

25.7.2002

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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.

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COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 13

(13) Member States should take suitable measures in order to
guarantee access to and affordability of all publicly available
telephone services at a fixed location for disabled users and
users with special social needs. Specific measures for disabled
users could include, as appropriate, making available public
text
telephones or equivalent measures for deaf or speech
impaired people, providing services such as directory enquiry
services or equivalent measures free of charge for blind or par-
tially sighted people, and providing itemised bills in alternative
format on request for blind or partially sighted people. Specific
measures may also need to be taken to enable disabled users
and users with special
social needs to access emergency
services ‘112’ and to give them a similar possibility to choose
between different operators or service providers as other con-
sumers. The provider of universal service should not
take
measures to prevent users from benefiting fully from services
offered by different operators or service providers,
in com-
bination with its own services offered as part of universal ser-
vice.

telephones or

telephones, public

(13) Member States should take suitable measures in order to
guarantee access to and affordability of all publicly available
telephone services at a fixed location for disabled users and
users with special social needs. Specific measures for disabled
users could include, as appropriate, making available accessible
equivalent
text
public
measures for deaf or speech impaired people, providing ser-
vices such as directory enquiry services or equivalent measures
free of charge for blind or partially sighted people, and provid-
ing itemised bills in alternative format on request for blind or
partially sighted people. Specific measures may also need to be
taken to enable disabled users and users with special social
needs to access emergency services ‘112’ and to give them a
similar possibility to choose between different operators or ser-
vice providers as other consumers. Quality of service stan-
dards have been developed for a range of parameters to
assess the quality of services received by subscribers and
how well undertakings designated as having universal service
obligations perform in achieving these standards. Quality of
service standards do not yet exist in respect of disabled users.
Performance standards and relevant parameters should be
developed for disabled users and are foreseen in Article 11.
Moreover, national regulatory authorities should be enabled
to require publication of quality of service performance data
if and when such standards and parameters are developed.
The provider of universal service should not take measures to
prevent users from benefiting fully from services offered by dif-
ferent operators or service providers, in combination with its
own services offered as part of universal service.

Amendment 36

Recital 33

It is desirable to enable consumers to achieve the fullest
(33)
connectivity possible to digital television sets. Interoperability is
an evolving concept
in dynamic markets. Standards bodies
should do their utmost to ensure that appropriate standards
evolve along with the technologies concerned. It is likewise
important to ensure that connectors are available on television
sets that are capable of passing all the necessary elements of a
digital signal,
including the audio and video streams, con-
ditional access information, service information, application
program interface (API)
information and copy protection
information. This Directive therefore ensures that the func-

It is desirable to enable consumers to achieve the fullest
(33)
connectivity possible to digital television sets. Interoperability is
an evolving concept
in dynamic markets. Standards bodies
should do their utmost to ensure that appropriate standards
evolve along with the technologies concerned. It is likewise
important to ensure that connectors are available on television
sets that are capable of passing all the necessary elements of a
digital signal,
including the audio and video streams, con-
ditional access information, service information, application
program interface (API)
information and copy protection
information. This Directive therefore ensures that the func-

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COUNCIL
COMMON POSITION

tionality of the open interface for digital television sets is not
limited by network operators, service providers or equipment
manufacturers and continues to evolve in line with technologi-
cal developments.

Wednesday 12 December 2001

AMENDMENTS
BY PARLIAMENT

tionality of the open interface for digital television sets is not
limited by network operators, service providers or equipment
manufacturers and continues to evolve in line with technologi-
cal developments. For display and presentation of digital
interactive television services, the realisation of a common
standard through a market-driven mechanism is recognised
as a consumer benefit. Member States and the Commission
may take policy initiatives, consistent with the Treaty, to
encourage this development.

Amendment 4

Recital 36

(36)
It is important that users should be able to call the single
European emergency number ‘112’, and any other national
emergency telephone numbers, free of charge, from any tele-
phone, including public pay telephones, without the use of any
means of payment. Member States should have already made
the necessary organisational arrangements best suited to the
national organisation of the emergency systems,
in order to
ensure that calls to this number are adequately answered and
handled. Caller location information, to be made available to
the emergency services, will
improve the level of protection
and the security of users of ‘112’ services and assist the emerg-
ency services in the discharge of their duties, provided that the
transfer of calls and associated data to the emergency services
concerned is guaranteed. Steady information technology
improvements will progressively support
the simultaneous
handling of several languages over the networks at a reasonable
cost. This in turn will ensure additional safety for European
citizens using the ‘112’ emergency call number.

(36)
It is important that users should be able to call the single
European emergency number ‘112’, and any other national
emergency telephone numbers, free of charge, from any tele-
phone, including public pay telephones, without the use of any
means of payment. Member States should have already made
the necessary organisational arrangements best suited to the
national organisation of the emergency systems,
in order to
ensure that calls to this number are adequately answered and
handled. Caller location information, to be made available to
the emergency services to the extent technically feasible, will
improve the level of protection and the security of users of
‘112’ services and assist the emergency services in the discharge
of their duties, provided that the transfer of calls and associated
data to the emergency services concerned is guaranteed. The
reception and use of such information should comply with
Article 9 of Directive 2001/…/EC (Data Protection Direc-
tive). Steady information technology improvements will pro-
gressively support the simultaneous handling of several
lan-
guages over the networks at a reasonable cost. This in turn
will ensure additional safety for European citizens using the
‘112’ emergency call number.

Amendment 6

Recital 43

(43) Currently, Member States impose certain ‘must carry’
obligations on networks for the distribution of radio or televi-
sion broadcasts to the public. Member States should be able to
lay down proportionate obligations on undertakings under
their jurisdiction, in the interest of legitimate public policy con-
siderations, but such obligations should only be imposed where
interest objectives clearly
they are necessary to meet general

(43) Currently, Member States impose certain ‘must carry’
obligations on networks for the distribution of radio or televi-
sion broadcasts to the public. Member States should be able to
lay down proportionate obligations on undertakings under
their jurisdiction, in the interest of legitimate public policy con-
siderations, but such obligations should only be imposed where
interest objectives clearly
they are necessary to meet general

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COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

defined by Member States in conformity with Community law
and should be proportionate, transparent and subject to period-
ical review. ‘Must carry’ obligations imposed by Member States
should be reasonable, that is they should be proportionate and
transparent in the light of clearly defined general interest objec-
tives, and could, where appropriate, entail a provision for pro-
portionate remuneration.

defined by Member States in conformity with Community law
and should be proportionate, transparent and subject to period-
ical review. ‘Must carry’ obligations imposed by Member States
should be reasonable, that is they should be proportionate and
transparent in the light of clearly defined general interest objec-
tives, and could, where appropriate, entail a provision for pro-
portionate remuneration. Such ‘must carry’ obligations may
include the transmission of services specifically designed to
enable appropriate access by disabled users.

Amendment 7

Recital 47

(47)
In the context of a competitive environment, the views
of interested parties, including users and consumers, should be
taken into account by national regulatory authorities when
dealing with issues related to end-users’ rights. Effective pro-
cedures should be available to deal with disputes between at
least consumers, on the one hand, and undertakings providing
publicly available communications
services, on the other.
Member States should take full account of Commission Recom-
mendation 98/257/EC of 30 March 1998 on the principles
applicable to the bodies responsible for out-of-court settlement
of consumer disputes.

(47)
In the context of a competitive environment, the views
of interested parties, including users and consumers, should be
taken into account by national regulatory authorities when
dealing with issues related to end-users’ rights. Effective pro-
cedures should be available to deal with disputes between con-
sumers, on the one hand, and undertakings providing publicly
available communications services, on the other. Member
States should take full account of Commission Recommen-
dation 98/257/EC of 30 March 1998 on the principles appli-
cable to the bodies responsible for out-of-court settlement of
consumer disputes.

Amendment 8

Recital 47a (new)

(47a) Co-regulation could be an appropriate way of stimu-
lating enhanced quality standards and improved service per-
formance. Co-regulation should be guided by the same prin-
ciples as formal regulation, that is, it should be objective,
justified, proportionate, non-discriminatory and transparent.

Amendment 9

Recital 47b (new)

(47b) This Directive provides for elements of consumer pro-
tection, including clear contract terms and dispute resolution,
and tariff transparency for consumers. It also encourages the
extension of such benefits to other categories of end-users, in
particular small and medium-sized enterprises.

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COUNCIL
COMMON POSITION

Wednesday 12 December 2001

AMENDMENTS
BY PARLIAMENT

Amendment 10

Article 6, paragraph 1

1. Member States shall ensure that national regulatory auth-
orities can impose obligations on undertakings in order to
ensure that public pay telephones are provided to meet the
reasonable needs of end-users in terms of the geographical
coverage, the number of telephones and the quality of services.

1. Member States shall ensure that national regulatory auth-
orities can impose obligations on undertakings in order to
ensure that public pay telephones are provided to meet the
reasonable needs of end-users in terms of the geographical
coverage, the number of telephones, the accessibility of such
telephones to disabled users and the quality of services.

Amendment 37

Article 9, paragraph 1

1.
National regulatory authorities shall monitor the evol-
ution of retail tariffs of the services identified in Articles 4, 5,
6 and 7 as falling under the universal service obligations and
provided by designated undertakings, in particular in relation
to national consumer prices and income.

1.
National regulatory authorities shall monitor the evol-
ution and level of retail tariffs of the services identified in Arti-
cles 4, 5, 6 and 7 as falling under the universal service obli-
gations and provided by designated undertakings, in particular
in relation to national consumer prices and income.

Amendment 13

Article 11, paragraph 1

1.
National regulatory authorities shall ensure that all desig-
nated undertakings with obligations under Articles 4, 5, 6, 7
and 9(2) publish adequate and up-to-date information concern-
ing their performance in the provision of universal service,
based on the quality of service parameters, definitions and
measurement methods set out in Annex III. The published
information shall also be supplied to the national regulatory
authority. National regulatory authorities may specify,
inter
alia, the quality of service parameters to be measured, and
the content, form and manner of information to be published,
in order to ensure that end-users have access to comprehen-
sive, comparable and user-friendly information.

1.
National regulatory authorities shall ensure that all desig-
nated undertakings with obligations under Articles 4, 5, 6, 7
and 9(2) publish adequate and up-to-date information concern-
ing their performance in the provision of universal service,
based on the quality of service parameters, definitions and
measurement methods set out in Annex III. The published
information shall also be supplied to the national regulatory
authority.

National regulatory authorities may specify,

inter alia,
1a.
additional quality of service standards, where relevant para-
meters have been developed, to assess the performance of
undertakings in the provision of services to disabled end-
users and disabled consumers. National regulatory authorities
shall ensure that information concerning the performance of
undertakings in relation to these parameters is also published
and made available to the national regulatory authority.

1b.
National regulatory authorities may, in addition, spec-
ify the content, form and manner of information to be pub-
lished, in order to ensure that end-users and consumers have
access
and user-friendly
information.

to comprehensive,

comparable

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COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 15
Article 17, paragraph 1, point (b)

(b)

the national regulatory authority considers that obligations
imposed under Directive 2001/…/EC (Access Directive), or
Article 19 of this Directive would not result in the achiev-
ement of
in Article 7 of
Directive 2001/…/EC (Framework Directive),

the objectives

set out

(b)

the national regulatory authority concludes that obligations
imposed under Directive 2001/…/EC (Access Directive), or
Article 19 of this Directive would not result in the achiev-
ement of
in Article 7 of
Directive 2001/…/EC (Framework Directive),

the objectives

set out

Amendment 16
Article 17, paragraph 4

National regulatory authorities shall ensure that, where an
4.
undertaking is subject to retail tariff regulation, the necessary
and appropriate cost accounting systems are implemented.
National regulatory authorities may specify the format and
accounting methodology to be used. Compliance with the cost
accounting system shall be verified by a qualified independent
body. National regulatory authorities shall ensure that a state-
ment concerning compliance is published annually.

National regulatory authorities shall ensure that, where an
4.
undertaking is subject to retail tariff regulation or other rel-
the necessary and appropriate cost
evant retail controls,
accounting systems are implemented. National regulatory auth-
orities may specify the format and accounting methodology to
be used. Compliance with the cost accounting system shall be
verified by a qualified independent body. National regulatory
authorities shall ensure that a statement concerning compliance
is published annually.

Amendment 17
Article 20, paragraph 2, introduction

2. Member States shall ensure that at
least consumers
where subscribing to services providing connection and/or
access to the public telephone network, shall have a right to a
contract with an undertaking or undertakings providing such
services. The contract shall specify at least:

2. Member States shall ensure that, where subscribing to ser-
vices providing connection and/or access to the public tele-
phone network, consumers have a right to a contract with an
undertaking or undertakings providing such services. The con-
tract shall specify at least:

Amendment 18
Article 20, paragraph 2, point (d)

(d)

the means by which up-to-date information on all appli-
cable tariffs and maintenance charges may be obtained;

(d) particulars of prices and tariffs and the means by which
up-to-date information on all applicable tariffs and main-
tenance charges may be obtained;

Amendment 19
Article 20, paragraph 2, subparagraph 1a (new)

Member States may extend these obligations to cover other
end-users.

Amendment 20
Article 20, paragraph 3

3. Where contracts are concluded between at least con-
sumers and electronic communications
services providers
other than those providing connection and/or access to the
public telephone network,
the information in paragraph 2
shall also be included in such contracts.

3. Where contracts are concluded between consumers and
electronic communications services providers other than those
providing connection and/or access to the public telephone
network, the information in paragraph 2 shall also be included
in such contracts. Member States may extend this obligation
to cover other end-users.

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COMMON POSITION

Wednesday 12 December 2001

AMENDMENTS
BY PARLIAMENT

Amendment 21
Article 21

Member States shall ensure that transparent and up-to-date
information on applicable prices and tariffs, and on standard
terms and conditions, in respect of access to and use of pub-
licly available telephone services is available to the public, and
particularly to all consumers, in accordance with the provi-
sions of Annex II.

1. Member States shall ensure that transparent and up-to-
date information on applicable prices and tariffs, and on stan-
dard terms and conditions, in respect of access to and use of
publicly available telephone services, is available to end-users
and consumers in accordance with the provisions of Annex II.

Amendment 22
Article 21, paragraph 1a (new)

1a.
National regulatory authorities shall encourage the
provision of information to enable end-users, as far as appro-
priate, and consumers to make an independent evaluation of
the cost of alternative usage patterns, for instance by means
of interactive guides.

Amendment 27
Article 33

Member States shall ensure as far as appropriate that national
regulatory authorities take account of the views of end-users,
manufacturers, undertakings that provide electronic communi-
cations networks and/or services on issues which have a signi-
ficant impact on the market related to all end-user rights con-
cerning publicly available electronic communications services.

1. Member States shall ensure as far as appropriate that
national regulatory authorities take account of the views of
end-users and consumers (including, in particular, disabled
users), manufacturers, undertakings that provide electronic
communications networks and/or services on issues related to
all end-user and consumer rights concerning publicly available
electronic communications services, in particular where they
have a significant impact on the market.

Amendment 28
Article 33, paragraph 1a (new)

1a. Where appropriate,
interested parties may, with the
guidance of national regulatory authorities, develop mech-
anisms involving consumers, user groups and service pro-
viders to improve the general quality of service provision,
inter alia by developing and monitoring codes of conduct
and operating standards.

Amendment 29
Article 34, paragraph 1

1. Member States shall ensure that transparent, simple and
inexpensive out-of-court procedures are available for dealing
with unresolved disputes, involving at least consumers, relating
to issues covered by this Directive. Member States shall adopt
measures to ensure that such procedures enable disputes to be
settled fairly and promptly and may, where warranted, adopt a
system of reimbursement and/or compensation.

1. Member States shall ensure that transparent, simple and
inexpensive out-of-court procedures are available for dealing
with unresolved disputes,
involving consumers, relating to
issues covered by this Directive. Member States shall adopt
measures to ensure that such procedures enable disputes to be
settled fairly and promptly and may, where warranted, adopt a
system of
compensation. Member
States may extend these obligations to cover disputes invol-
ving other end-users.

reimbursement

and/or

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COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 30
Article 34, paragraph 1a (new)

1a. Member States shall ensure that their legislation does
not hamper the establishment of complaints offices and the
provision of on-line services at the appropriate territorial
level to facilitate access to dispute resolution by consumers
and end-users.

Amendment 31
Annex I, Part B, point (b), paragraph 2a (new)

To the extent technically feasible, operators should provide
data and signals to facilitate the offering of calling-line iden-
tity and tone dialling across Member State boundaries.

Amendment 32
Annex II, introduction

The national regulatory authority has a responsibility to ensure
that the information in this Annex is published, in accordance
with Article 21. It is for the national regulatory authority to
decide which information is to be published by the undertak-
ings providing public telephone networks and/or publicly avail-
able telephone services and which information is to be pub-
lished by the national regulatory authority itself.

The national regulatory authority has a responsibility to ensure
that the information in this Annex is published, in accordance
with Article 21. It is for the national regulatory authority to
decide which information is to be published by the undertak-
ings providing public telephone networks and/or publicly avail-
able telephone services and which information is to be pub-
lished by the national regulatory authority itself, so as ensure
that consumers are able to make informed choices.

Amendment 33
Annex II, point 3a (new)

Information about rights as regards universal service,

3a.
including the facilities and services mentioned in Annex I.

12. Radio spectrum policy ***II

A5-0432/2001

European Parliament legislative resolution on the Council common position with a view to the
adoption of a European Parliament and Council decision on a regulatory framework for radio
(12170/1/2001 )
spectrum policy in the European Community (Radio spectrum decision)

C5-0490/2001 ) 2000/0187(COD))

(Codecision procedure: second reading)

The European Parliament,

’ having regard to the Council common position (12170/1/2001 ’ C5-0490/2001),

’ having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(2000) 407) (2),

‘Texts Adopted’, Item 7.

(1)
(2) OJ C 365 E, 19.12.2000, p. 256.