European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (10418/1/2001 - C5-0416/2001 - 2000/0186(COD))
Date: 2001-12-12
Institutions: European Parliament
Subjects: approximation of laws, competition, information technology, telecommunications, transmission network

C 177 E/152

Official Journal of the European Communities

EN

25.7.2002

Wednesday 12 December 2001

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

(b) providers of all enhanced digital television equipment
deployed for the reception of digital interactive television
services on interactive digital
television platforms to
comply with an open API in accordance with the mini-
mum requirements of the relevant standards or specifi-
cations.

2. Without prejudice to Article 5(1)(b) of Directive 2001/
…/EC (Access Directive) Member States shall encourage pro-
prietors of APIs to make available on fair, reasonable and
non-discriminatory terms, and against appropriate remuner-
ation, all such information as is necessary to enable providers
of digital interactive television services to provide all services
supported by the API in a fully functional form.

3. Within one year after the date of application referred to
in Article 26(1), second subparagraph, the Commission shall
examine the effects of this Article. If interoperability and
freedom of choice for users have not been adequately achieved
in one or more Member States, the Commission may take
action in accordance with the procedure laid down in Arti-
cle 16(3) and (4).

Amendment 37
Annex I, point 3a (new)

3a. Additional markets

The national market for international roaming services on
public mobile telephone networks.

9. Access to electronic communications networks and associated facilities

(access directive) ***II

A5-0434/2001

European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council directive on access to, and interconnection of, electronic communi-
cations networks and associated facilities (access directive) (10418/1/2001 ) C5-0416/2001 )
2000/0186(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:22) having regard to the Council common position (10418/1/2001 (cid:22) C5-0416/2001) (1),

(cid:22) having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(2000) 384) (3),

(1) OJ C 337, 30.11.2001, p. 1.
(2) OJ C 277, 1.10.2001, p. 72.
(3) OJ C 365 E, 19.12.2000, p. 215.

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(cid:22) having regard to the Commission’s amended proposal (COM(2001) 369) (1),

Wednesday 12 December 2001

(cid:22) having regard to Article 251(2) of the EC Treaty,

(cid:22) having regard to Rule 80 of its Rules of Procedure,

(cid:22) having regard to the recommendation for second reading of the Committee on Industry, External

Trade, Research and Energy (A5-0434/2001),

1.

Amends the common position as follows;

2.

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

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 29

Recital 8a (new)

(8a)
Interoperability is of benefit to end-users and is an
important aim of this regulatory framework. Encouraging
interoperability is one of the objectives for national regula-
tory authorities as set out in this framework, which also pro-
vides for the Commission to publish a list of standards and/
or specifications covering the provision of services, technical
interfaces and/or network functions, as the basis for encour-
aging harmonisation in electronic communications. Member
States should encourage the use of the published standards
and/or specifications to the extent strictly necessary to ensure
interoperability of services and to improve freedom of choice
for users.

Amendment 31

Recital 12

(12) The review should be carried out using an economic
market analysis based on competition law methodology. The
aim is to reduce ex-ante sector specific rules progressively as
competition in the market develops. However the procedure
also takes account of the possibility of new bottlenecks arising
as a result of technological development, which may require
ex-ante regulation, for example in the area of broadband access
networks. It may well be the case that competition develops at
different speeds in different market segments and in different
Member States, and national regulatory authorities should be
able to relax regulatory obligations in those markets where
competition is delivering the desired results. In order to ensure
that market players in similar circumstances are treated in simi-
lar ways in different Member States, the Commission should be
able to ensure harmonised application of the provisions of this

(12) The review should be carried out using an economic
market analysis based on competition law methodology. The
aim is to reduce ex-ante sector specific rules progressively as
competition in the market develops. However the procedure
also takes account of transitional problems in the market,
such as those related to international roaming, and of the
possibility of new bottlenecks arising as a result of technologi-
cal development, which may require ex-ante regulation,
for
example in the area of broadband access networks. It may
well be the case that competition develops at different speeds
in different market segments and in different Member States,
and national regulatory authorities should be able to relax
regulatory obligations in those markets where competition is
delivering the desired results. In order to ensure that market
players in similar circumstances are treated in similar ways in

(1) OJ C 270 E, 25.9.2001, p. 161.

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COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Directive. National regulatory authorities and national auth-
orities entrusted with the implementation of competition law
should, where appropriate, co-ordinate their actions to ensure
that the most appropriate remedy is applied. The Community
and its Member States have entered into commitments on
interconnection of telecommunications networks in the context
of the World Trade Organisation agreement on basic telecom-
munications that need to be respected.

different Member States, the Commission should be able to
ensure harmonised application of the provisions of this Direc-
tive. National regulatory authorities and national authorities
entrusted with the implementation of competition law should,
where appropriate, co-ordinate their actions to ensure that the
most appropriate remedy is applied. The Community and its
Member States have entered into commitments on interconnec-
tion of telecommunications networks in the context of the
World Trade Organisation agreement on basic telecommuni-
cations that need to be respected.

Amendment 30

Recital 21a (new)

(21a)
In order to ensure that the pan-European electronic
communications market is effective and efficient, the Com-
mission should monitor and publish information on charges
which contribute to determining prices to end-users.

Amendment 7

Recital 21b (new)

(21b) The development of the pan-European electronic com-
munications market, with its associated infrastructure, could
have adverse effects on the environment and the landscape.
Member States should therefore monitor this process and, if
necessary, take action to minimise any such effects by means
of appropriate agreements and other arrangements with the
relevant authorities.

Amendment 27

Article 6, paragraph 3

3.
Notwithstanding the provisions of paragraph 1, Member
States may permit their national regulatory authority, on entry
into force of this Directive and periodically thereafter, to review
the conditions applied in accordance with this Article, by
undertaking a market analysis in accordance with the first para-
graph of Article 15 of Directive 2001/…/EC (Framework Direc-
tive) to determine whether to maintain, amend or withdraw the
conditions applied.

3.
Notwithstanding the provisions of paragraph 1, Member
States may permit their national regulatory authority, as soon
as possible after the entry into force of this Directive and peri-
odically thereafter, to review the conditions applied in accord-
ance with this Article, by undertaking a market analysis in
accordance with the first paragraph of Article 15 of Directive
2001/…/EC (Framework Directive) to determine whether to
maintain, amend or withdraw the conditions applied

Amendment 28

Article 7, paragraph 3

3. Member States shall ensure that, immediately following
the date of application referred to in Article 18(1), second
subparagraph, and periodically thereafter, NRAs undertake a

3. Member States shall ensure that, as soon as possible after
the entry into force of this Directive, and periodically there-
after, NRAs undertake a market analysis, in accordance with

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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,

(cid:22) having regard to the Council common position (10419/1/2001 (cid:22) C5-0417/2001) (1),

(cid:22) having regard to its position at first reading (2) on the Commission proposal to Parliament and the

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

(cid:22) having regard to the Commission’s amended proposal (COM(2001) 372) (4),

(cid:22) having regard to Article 251(2) of the EC Treaty,

(cid:22) having regard to Rule 80 of its Rules of Procedure,

(cid:22) 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.