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 the authorisation of electronic communications networks and services amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2002-02-07
Institutions: European Commission
Subjects: marketing, services contract, telecommunications, transmission network

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 07.02.2002
COM(2002) 74 final

2000/188 (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 the authorisation of electronic communications networks and services

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

2000/0188 (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 the authorisation of electronic communications networks and services

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  4  amendments  proposed  by
Parliament.

2.

BACKGROUND

In response to the conclusions of the special European Council of  Lisbon of 23 – 24 March
2000,  and  building  on  the  Communication  on  the  results  of  the  public  consultation  on  the
1999 Review of the Electronic Communications Sector and the principles and orientations for
the  new  Regulatory  Framework  (COM(2000)239),  the  Commission  proposed  a  package  of
five directives that would make up the new  regulatory  framework,  including  a  Directive  on
the authorisation of electronic communications networks and services.

The European Parliament adopted its first reading on 1 March 2001. The Council adopted its
common position on 17 September 2001. The Commission supported the common position.

The  amendments  voted  by  the  European  Parliament  are  part  of  a  compromise  package  of
amendments on four directives, 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.

3.

PURPOSE OF THE PROPOSAL

This  proposed  Directive  aims  to  simplify  and  harmonise  existing  national  systems  for  the
authorisation  of  electronic  communications  services  and  networks.  The  proposed  general
authorisation  system  would  apply  to  all  such  services  and  networks  regardless  of  their
technological characteristics and would limit administrative barriers to entry in the market to
a minimum.

2

4.

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN
PARLIAMENT

The  European  Parliament  adopted  4  amendments  to  the  Authorisation  Directive  on  12
December 2001. The Commission can accept all of them in full.

Amendment 10 – Recital 32

New  wording  has  been  added  regarding  payment  arrangements  for  one-off  usage  fees  for
radio  frequencies. The  new  text  also  suggests  that  the  Commission  may  publish  benchmark
studies to compare assignment practices  for  radio  frequencies,  numbers  and  rights  to  install
facilities.

Amendment 11- Article 14, paragraph 2a

The European Parliament has added a new paragraph to limit the restriction or withdrawal of
rights to install facilities and including a reference to possible compensation in such cases.

Amendment 6 – Article 15, paragraph 2

Article  15  on  the  creation  of  a  transparency  register  regarding  rights  to  install  facilities  has
been strengthened.

Amendment 7 – Article 17, paragraph 2

The additional transition period for cases where the new authorisation regime would lead to a
reduction of rights or an extension of obligations, has been shortened from 12 to 9 months.

5.

CONCLUSION

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

3