WRITTEN QUESTION E-2689/03 by Toine Manders (ELDR) to the Commission. GSM roaming tariffs.
Date: 2003-09-10
Institutions: European Parliament, Provisional data
Subjects: competition law, market, mobile phone, regulation of telecommunications, single market, telephone charges

C 78 E/416

Official Journal of the European Union

EN

27.3.2004

(2004/C 78 E/0437)

WRITTEN QUESTION P-2672/03

by Chris Davies (ELDR) to the Commission

(2 September 2003)

Subject: Allocation of slots at airports

When will the Commission conclude its consultations on proposed revisions to the 1993 regulation on the
allocation of slots at Community airports, when does it expect to publish its proposals, and is it the
Commission’s intention to address the issue of major airlines exercising grandfather rights to the detriment
of the development of regional airports and free competition between airlines?

Article 9 of the existing regulation gives Member States the option to reserve slots for regional routes.
What is the maximum and minimum percentage of slots so reserved at airports across the EU, and under
what circumstances can the Commission intervene to prevent, or to insist on, slots being so allocated?

Answer given by Mrs de Palacio on behalf of the Commission

(26 September 2003)

The Commission has adopted a proposal to modify the current rules on airport slot allocation on 20 June
2001 (1). Following the opinion of the Parliament in First Reading (2) the Commission modified its initial
proposal on 7 November 2002 (3). The Council has yet to produce a Common Position on that proposal.
Therefore, the conclusion of consultations on proposed revisions depend on the adoption of the Common
Position.

Also, as announced in the explanatory memorandum to its initial proposal, the Commission has launched
a study to assess the effects of different slot allocation schemes. This study has yet to be finalised. On the
basis of this study and further consultation with the industry and Member States, the Commission will
consider how to further possibly modify the current system of slot allocation based on the principle of
grandfather rights.

As far as the application of Article 9 of the current Regulation (4) is concerned, there are no minimum or
maximum amounts for slots which Member States have the right to reserve at fully coordinated airports
for the purpose of regional services. However, Member States have to communicate to the Commission the
routes for which slots have been reserved. This should ensure that reserved slots correspond effectively to
routes to a peripheral development region, and/or routes where public service obligations have been
imposed.

(1) OJ C 270 E, 25.9.2001.
(2) A5-0186/2002, rapporteur Stockmann of 10 June 2002.
(3) COM(2002) 623 final.
(4) Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community

airports, OJ L 14, 22.1.1993.

(2004/C 78 E/0438)

WRITTEN QUESTION E-2689/03

by Toine Manders (ELDR) to the Commission

(10 September 2003)

Subject: GSM roaming tariffs

The Commission has possibly been asked many questions on this subject. Given that, despite previous
efforts, an internal market for mobile phone communications has, unfortunately, still not been established,
I wish to put the following further question.

27.3.2004

EN

Official Journal of the European Union

C 78 E/417

Many people using their mobile phone during a stay in a foreign country are later faced with excessively
high bills for international calls. Disproportionately high ‘roaming’ tariffs are applied by telecommuni-
cations operators for use of a host network.

Taking account of the geographical distances involved, mobile phone calls from, for example, the south of
France to northern France cannot, and should not, be more expensive from a technical point of view than
mobile phone calls between two neighbouring border areas in two different countries. It is possible to
conclude from this that the prices which consumers are required to pay for using a foreign host network
are not at all compatible with market conditions. That smacks of misuse of their dominant position by
telecommunications operators.

Completion of
the internal market
communications are generally regarded as a service,
functioning of the internal market.

is high on the political agenda. Given that mobile phone
I take the view that this situation distorts the

Is the Commission aware of the exorbitant tariffs charged by telecommunications operators for

1.
international mobile phone calls?

Does the Commission agree that the prices imposed are not compatible with market conditions? If

2.
not, what is the basis for the Commission’s view?

Does the Commission intend to investigate more closely the aforementioned disruption of the

3.
internal market? If not, why not?

4.
Is the Commission prepared to take steps in the short-term to optimise the way in which the internal
market functions in relation to international provision of mobile phone services? If so, by what date, if not,
why not?

Answer given by Mr Monti on behalf of the Commission

(1 December 2003)

The Commission publishes surveys of the tariffs applied by telecommunications operators in the Union on
a regular basis, the last of which can be found at the following Internet address: (http://europa.eu.int/
information_society/topics/telecoms/regulatory/studies/documents/tariff_report_2002_12.pdf).

Moreover, the Commission is currently enquiring about the level of tariffs applied on intra-Union mobile
phone calls in the context of investigations regarding the application of competition rules laid down in the
EC Treaty. These investigations include the analysis of tariffs and costs borne by telecommunications
operators for international mobile phone calls, including in the context of international roaming.

The very fact that several investigations are ongoing indicates the Commission’s determination to ensure
that telecommunications operators fully comply with competition rules. However,
it is not necessarily
contrary to such rules that tariffs applied to domestic calls within a national market such as France differ
from tariffs applied to cross-border calls, in particular, when the costs borne by network operators differ,
as is the case with national and intra-Union calls.

These investigations are being treated with a high level of priority, owing inter alia,
to numerous
complaints and concerns expressed by consumer circles. The Commission is, indeed, prepared to bring to
an end to any infringement to competition rules if the level of tariffs under investigation proved to be
contrary to them. However, the Commission would like to stress that an investigation in no way prejudges
either the substance of the Commission’s eventual conclusions, or the parties’ right of defence in this
respect. As is customary with ongoing cases of application of competition rules, the Commission is,
therefore, not in a position to further comment on/or qualify the level of tariffs to which the Honourable
Member refers.

In principle, the outcome of the investigations should determine the kind of action which the Commission
would envisage. Should competition rules not prove appropriate, the Commission will examine whether
alternative courses of action would be possible.