WRITTEN QUESTION E-1798/02 by Elly Plooij-van Gorsel (ELDR) to the Commission. 06760 — KPN dial-up number.
Date: 2002-06-24
Institutions: European Parliament, Provisional data
Subjects: Internet access provider, Netherlands, competition law, consumer protection, regulation of telecommunications, restriction on competition, telephone

5.12.2002

EN

Official Journal of the European Communities

C 301 E/231

reference to proposed Sites of Community Importance, in particular when including priority habitat and
species, Member States have the obligation to act in a way that does not jeopardise the objectives of the
Directive. Even in the absence of a Community list, Member States are advised to at least abstain from all
activities that may cause a proposed site to deteriorate.

Concerning the Special Protection Areas (SPA) designated under Council Directive 79/409/EEC of
2 April 1979, on the conservation of wild birds, and according to Article 7 of Directive 92/43/EEC,
Article 6(2), (3) and (4) of Directive 92/43/EEC already applies.

In particular, under Article 6(3), of Directive 92/43/EEC, any plan or project not directly connected with or
necessary to the management of the site but likely to have a significant effect thereon, either individually
or in combination with other plans or projects, shall be subject
its
implications for the site in view of the site’s conservation objectives. In the light of the conclusions of the
assessment of the implications for the site and subject to the provisions of paragraph 4, the competent
national authorities shall agree to the plan or project only after having ascertained that it will not adversely
affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the
general public.

to appropriate assessment of

According to Article 6(4), if, in spite of a negative assessment of the implications for the site and in the
absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons
of overriding public interest, including those of a social or economic nature, the Member State shall take
all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected.

The construction of a wind farm inside a Special Protection Area can, therefore, be authorised only if it
does not have a significant impact on the area, from the point of view of nature conservation, or if, in the
presence of a significant impact, and in the absence of alternative solutions, it has to be carried out for
imperative reasons of overriding public interest.

In the case referred to by the Honourable Member, the project does not seem to have been authorised yet,
and the Commission can only expect the requirements of Article 6 of Directive 92/43/EEC to be fully
complied with. Any possible contradiction between the project and the conservation objectives of the
Special Protection Area should become clear in the framework of the assessment mentioned in Article 6(3)
of the Directive.

In conclusion, there is no contradiction between the Community funding given to projects intended to
produce energy from renewable sources and the community legislation that allows for those projects only
if they do not cause significant damage to the conservation of nature.

(2002/C 301 E/244)

WRITTEN QUESTION E-1798/02

by Elly Plooij-van Gorsel (ELDR) to the Commission

(24 June 2002)

Subject: 06760 (cid:1) KPN dial-up number

Last year Opta (the Netherlands telecom regulator) gave KPN the freedom to set up a special telephone
number for internet dial-up numbers. Since then a number of Netherlands internet providers, including
Planet Internet, have moved over to KPN’s new dial-up network with a special 06760 dial-up number.

An initial consequence of this changeover is the fact that international dial-up is no longer possible. This
has led to a sharp reduction in international use of e-mail by Planet Internet subscribers.

In addition, as a result of the change to the new 06760 number internet providers are unilaterally forcing
subscribers to pay internet units to the relevant provider instead of to the telecom company with which
the subscriber has a telephone subscription. The use of carrier-preselect numbers and cable telephone for
internet access are also effectively made impossible as a result. The right of the consumer to enter freely
into contracts is thus violated.

C 301 E/232

Official Journal of the European Communities

EN

5.12.2002

Finally, the risk of future price rises is considered to be high. There is a possibility of a non-transparent
price structure and artificially set prices, since the profits from both internet subscriptions and internet
units will go to internet providers. This is bad for competition and could lead to distortions.

Is the Commission aware of the introduction of the 06760 dial-up number by the KPN and of the

1.
problems caused by the changeover to this number by various internet providers?

Does the Commission take the view that in this case consumers’ rights and freedom of choice are

2.
being infringed and competition distorted?

3.

If so, does the Commission intend to take steps to deal with this, and if so, what steps?

Answer given by Mr Liikanen on behalf of the Commission

(31 July 2002)

1.
The Commission is aware of the introduction of 06760-numbers in the Netherlands. These numbers
have been introduced in the beginning of 2000 and are used for internet access. They were introduced to
contribute to the solution for lack of capacity on KPN’s telephony network. Traffic starting with ‘06760’ is
recognised by the KPN switch as internet traffic and will be disconnected from the telephony network and
dealt with by a special data network. In July 2001 the national regulatory authority OPTA has decided to
decrease the interconnection tariffs and possibly the interest of providers for the 06760-numbers has
increased as a result of that decision. Internet Service Providers (ISPs) are in no way obliged to switch to
06760-numbers.

There are a number of different ways through 06760-numbers to dial-up to the internet via a telephony
modem. There is the ‘Friaco’ model (capacity at a fixed monthly charge), the ‘Miaco’ model (capacity at a
time-linked charge) and the ‘collecting’ model. With the last model, which also uses a time-linked charge,
KPN sends the bill to the end-user, with the Miaco model it is the operator or ISP who sends the bill. The
ISP is free to choose its preferred option.

The costs for a 06760-number is set by the telecommunications operator or ISP itself, and depending on
the model used, can be billed by itself. The freedom for the ISP to determine the tariff it charges the
consumer and the larger choice of charges for the ISP will make it easier to compete on the prices, which
is a positive development for the consumer.

On the basis of the continuing monitoring of the telecommunications markets, culminating in its annual
implementation report,
the described problem of
international dial-up and the use of carrier pre-selection (CPS) and cable telephony, which according to
the Honourable Member is made effectively impossible with the use of 06760-numbers. At a national level
the problems are already under the attention of OPTA, which will take action if necessary.

the Commission is aware of

the possibility of

2.
In case it is deemed necessary, for example when it would appear that it is indeed effectively
impossible to pre-select a 06706-number, there could indeed be limitation in the freedom of choice for the
consumer and possibly of distortion of competition. However, this is only the case if the KPN data
network directly delivers the call to the end-user; in case of routing the call, the obligation for CPS does
not exist. There is no obligation to impose CPS on ISPs.

At national level the mentioned problems are being analysed. In first instance it would have to be
3.
decided on the basis of national legislation which actions could be taken at the national level. In the
framework of the preparations for the eighth implementation report the Commission will also monitor
this issue closely and if necessary, take action to protect consumers.

In addition, the Commission wishes to inform the Honourable Member that a complaint concerning the
06760 KPN dial-up numbers has been lodged with the Commission’s competition services, on the basis of
an alleged infringement of the Community competition rules. The Commission is still examining the
complaint and is in close contact with the Dutch national competition authority.