Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding 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 amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2002-02-07
Institutions: European Commission
Subjects: market access, services contract, systems interconnection, telecommunications, transmission network

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 07.02.2002
COM(2002) 75 final

2000/0186 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding 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

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

2000/0186 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding 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

1.

INTRODUCTION

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second
reading.  The  Commission  sets  out  its  opinion  below  on  the  7  amendments  proposed  by
Parliament.

2.

BACKGROUND

(COM(2000)  384  –
The  Commission’s  proposal  on  access  and 
2000/0186(COD)) 
the  new  proposed  regulatory  package  for  electronic
is  part  of 
communications  networks  and  services,  and  harmonises  the  way  in  which  Member  States
regulate  the  market  between  suppliers  of  communication  networks  and  services  in  the
Community.

interconnection 

The  European  Parliament  adopted  its  first  reading  on  1st  March  2001  and  the  Commission
adopted  its  amended  proposals  in  this  regard  on  4th  July  2001.  The  Council  adopted  its
common  position  on  17  September  2001.  The  Commission  fully  endorsed  the  common
position of the Council.

The  amendments  voted  by  the  European  Parliament  at  second  reading  are  part  of  a
compromise  package  of  amendments  on  four  directives  of  the  new  regulatory  package,
including the present directive, and one decision on spectrum that was put as an ensemble to
the EP by the Council Presidency. The package was accepted in its totality in the plenary vote
by  the  EP  on  12  December.  Since  the  amendments  are  acceptable  to  the  Council,  the
conciliation procedure will not be invoked. Final adoption  by the Council is  foreseen in  the
beginning of 2002 following verification of the texts by jurist-linguists.

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3.

PURPOSE OF THE PROPOSAL

The Directive lays down a framework of rules that are technologically neutral, but which may
be applied to specific product or service markets in particular geographical areas, to address
identified market problems between suppliers of access and interconnection. This covers inter
alia access to fixed and mobile networks, as well as access to digital broadcasting networks,
including  access  to  conditional  systems  and  other  associated  facilities  such  as  electronic
programme guides (EPGs) and application program interfaces (APIs).

The Directive provides legal certainty for market players by establishing clear criteria on their
rights and obligations (Articles 3 and 4) and for regulatory intervention (Article 5). It imposes
limitations  on  what  obligations  concerning  access  and  interconnection  can  be  imposed  in
which  circumstances,  whilst  at  the  same  time  allowing  for  sufficient  flexibility  to  allow
regulatory  authorities  to  deal  effectively  with  new  market  problems  that  hinder  effective
competition (Articles 6 to 13).

4.

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN
PARLIAMENT

The  Parliament  adopted  7  amendments  to  the  Access  directive  on  12  December  2001.  The
Commission can accept all of them in full.

4.1

Technical amendments introduced in the articles (amendments n° 27, 28 and 19)

The European Parliament has introduced amendments n° 27 and 28 that are of technical nature
and ensure compatibility with amendment 26 in Framework Directive, so that market analysis is
undertaken ‘as soon as possible after entry into force of the Directive’ but respecting the public
consultation procedures.

Amendment 19 is also of a technical nature and provides a linguistic precision.

The Commission can accept these amendments that clarify and strengthen the common position
of the Council.

4.2

Other amendments introduced in the recitals (amendments n° 29, 31, 30 and 7)

The European Parliament has also adopted amendments introducing new text at the recitals to
highlight  the  need  for  the  monitoring  by  regulatory  authorities  and/or  the  Commission,  with
regulatory  action  to  be  taken  where  appropriate  and  in  accordance  with  the  procedures
established  in  the  provisions  of  the  Directive,  on  a  number  of  key  issues.  Those  concern  in
particular the interoperability of services for end users, charges which contribute to tariffs for
end users, the need for market analysis on international roaming, and possible adverse effects of
new infrastructure on the environment and the landscape.

The Commission can  accept these  amendments that  clarify the  regulatory  supervision powers
included in the relevant provisions of the common position of the Council.

5.

CONCLUSION

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out
above.

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