WRITTEN QUESTION P-1935/03 by Elly Plooij-van Gorsel (ELDR) to the Commission. Implementation of the Telecoms Package.
Date: 2003-06-05
Institutions: European Parliament, Provisional data
Subjects: EU legal system, drafting of EU law, liability of the State, national implementing measure, regulation of telecommunications

C 58 E/118

Official Journal of the European Union

EN

6.3.2004

There are no records indicating that either the Commission or the Commissioner responsible for Financial
Control were informed by the Financial Controller about the findings of the audit report, which was
finalized in June 2000.

The draft report was sent to OLAF on 17 March 2000.

(2004/C 58 E/134)

WRITTEN QUESTION P-1935/03

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

Subject: Implementation of the Telecoms Package

(5 June 2003)

The Telecoms Package consists of the five Directives on electronic communications. The Telecoms Package
must be implemented by 24 July 2003 at the latest. A number of Member States of the European Union
will not be able to meet that deadline. The Netherlands, where implementation will be secured on the
adoption of a new Telecommunications Act, is one of the Member States to which that caveat certainly
applies.

1.
Can the Commission indicate the legal consequences for market players if Member States fail to
implement the new regulatory framework for electronic communications networks and services by the due
date?

In the Commission’s view, does the new regulatory framework include provisions on the basis of

2.
which market players may take direct legal action if implementation is delayed?

Answer given by Mr Liikanen on behalf of the Commission

(10 July 2003)

In its contacts with the Member States, the Commission has consistently stressed the importance of a
timely and effective transposition of the new regulatory framework for electronic communications. On a
point of detail, it should be noted that while the deadline for transposition of four of the Directives in the
new package is 24 July 2003, Member States have until 31 October 2003 to transpose Directive 2002/58/
EC of the Parliament and of the Council of 12 July 2002 concerning the processing of personal data and
the protection of privacy in the electronic communications sector (Directive on privacy and electronic
communications) (1). As far as the situation in the Netherlands is concerned, the Commission has not been
informed by the Netherlands authorities that the deadlines for transposition will not be met. Consequently,
it is at this stage hypothetical to speculate on the legal consequences of a failure to meet the deadline for
transposition in that country.

In any event, the legal consequences for market players in a Member State which fails to transpose the new
regulatory framework for electronic communications on time will depend on the legal
framework
applicable at national level to those parties at the relevant time. The Commission is not in a position at
this point usefully to comment on what those consequences may be on a hypothetical or generalised basis.

The Commission would recall that it is for the courts, and ultimately the European Court of Justice, to
decide on the circumstances in which a particular provision in a directive can be relied upon by third
parties against
in the event of a failure to transpose. The Commission would refer the
Honourable Member to the case law on this subject, notably that flowing from the judgment of the Court
of Justice in the Van Gend en Loos case (2).

the state,

(1) OJ L 201, 31.7.2002.
(2) Case 26/62 Van Gend en Loos [1963] ECR 1; see also Case 148/78 Ratti [1979] ECR 1629 and Joined Cases C-6/

90 and C-9/90 Francovich and Others v Italy [1991] ECR I-5357.