WRITTEN QUESTION E-3841/03 by Proinsias De Rossa (PSE) to the Commission. Protection of the consumer interest under the new EU regulatory framework for electronic communications (Directives 2002/20/EC, 2002/21/EC).
Date: 2003-12-12
Institutions: European Parliament, Provisional data
Subjects: Ireland, cable distribution, consumer protection, regulation of telecommunications, supervisory body

27.3.2004

EN

Official Journal of the European Union

C 78 E/863

Answer given by Mr Monti on behalf of the Commission

(30 January 2004)

As regards privatisation,
the EC Treaty
guarantees the neutrality of the Community concerning public or private ownership of undertakings. There
is no obligation for the Member States to inform the Commission of their intention to sell or to buy
undertakings, nor does the Commission ever require or impede privatisation of public undertakings.

the Commission notes that Article 295 (ex-Article 222) of

If the privatisation process involves the grant of State aids, Member States must inform the Commission in
accordance with the notification requirement of Article 87(3) of the EC Treaty.

The Greek authorities have not informed the Commission so far of any intention to grant State aids in the
framework of the privatisation of the Post Office Savings Bank.

(2004/C 78 E/0917)

WRITTEN QUESTION E-3841/03

by Proinsias De Rossa (PSE) to the Commission

(12 December 2003)

Subject: Protection of the consumer interest under the new EU regulatory framework for electronic

communications (Directives 2002/20/EC, 2002/21/EC)

The Irish Commission for Communications Regulation, in response to consumer complaints about charge
increases and poor services, has stated that the advent of the new EU regulatory framework for electronic
communications (Directives 2002/20/EC (1), 2002/21/EC (2)) means that it is no longer the responsible
body in this area.

Could the Commission clarify the situation as regards the regulation of retail television operators under the
new regulatory framework? Is the Commission in contact with the Irish Government over the apparent
regulatory void that now exists in relation to retail broadcasting operators in Ireland? What action is it
proposing to take to ensure this matter is addressed?

(1) OJ L 108, 24.4.2002, p. 21.
(2) OJ L 108, 24.4.2002, p. 33.

Answer given by Mr Liikanen on behalf of the Commission

(3 February 2004)

The Irish authorities have notified the Commission that the Commission for Communications Regulation
(ComReg) is the designated national regulatory authority (NRA) in Ireland for the implementation of the
new Community regulatory framework on electronic communications networks and services. One of
ComReg’s responsibilities is, therefore, to ensure that users derive maximum benefit in terms of choice,
price and quality. More specifically, Directive 2002/22/EC of the Parliament and of the Council of 7 March
2002 on universal service and users’ rights relating to electronic communications networks and services,
obliges the NRA to ensure a high level of protection for consumers,
in particular by ensuring the
availability of simple and inexpensive dispute resolution procedures. It also contains a provision to ensure
that NRAs are able to require operators to publish comparable, adequate and up-to-date information on
the quality of their services.

As regards the specific question of retail television services, it must be stated that the regulation of the
provision of TV content services falls outside the scope of the new framework, including the consumer
protection measures referred to above. On the other hand, the provision of transmission services for
television signals is covered by the new framework. However, this does not automatically imply that
regulatory measures should be taken in a Member State in relation to the retail market for these
transmission services. The framework primarily addresses wholesale markets,
including the wholesale
broadcast transmission market, in order to ensure the promotion of competition and to ensure that users
derive maximum benefit in terms of choice, price and quality.

C 78 E/864

Official Journal of the European Union

EN

27.3.2004

It is conceivable that retail broadcast transmission services could be subject to regulation under the new
framework, provided that all of the detailed requirements of the framework are met. These requirements
are such that NRAs would only be in a position to impose regulatory obligations on retail broadcast
transmission services if a market analysis demonstrated that the wholesale market was not competitive and
that the imposition of regulatory obligations on operators in that wholesale market would not be sufficient
to achieve the competition and consumer protection objectives of the Community framework. Only in this
case would regulations, such as some form of price control, be considered as an appropriate and
proportionate remedy for the lack of effective competition identified. The Commission has been informed
by ComReg that it is currently undertaking its market analysis of the wholesale broadcast transmission
market, in conformity with the Community regulatory framework.

While the Commission is not aware at this time of any specific regulatory void in relation to the
Community rules as they relate to the provision of broadcast
including the
provisions regarding the protection of users of these services, it is actively monitoring the situation as part
of its assessment of the conformity of the measures notified by Ireland to transpose the new framework.
The Commission takes note of the suggestions that ComReg may no longer be responsible in this area, and
will examine this situation with the Irish authorities to ensure that Ireland is fully meeting its obligations
with regard to the framework in general, and the protection of users of broadcast transmission services in
particular.

transmission services,

(2004/C 78 E/0918)

WRITTEN QUESTION P-3860/03

by Reimer Böge (PPE-DE) to the Commission

(8 December 2003)

Subject: Designation of bird protection zones in Schleswig-Holstein

In a letter dated 2 April 2003 to the German Foreign Minister, Mr Joschka Fischer, Commissioner
Wallström set out the Commission position with regard, ‘inter alia’, to the designation of bird protection
zones in Schleswig-Holstein.

Does the Commission maintain its interpretation of the law whereby, in order to guarantee adequate
1.
and sustainable protection of bird protection zones, Special Protection Zones (SPZs) should be designated
in which the attainment of the preservation objectives is to be ensured by the establishment of a total,
individual and area-based protected status in law?

2.
In the Commission’s view, once a bird protection zone has been designated as an SPZ, is long-term
contractual environmental protection required as a preservation measure, or might other measures suffice
which guarantee the attainment of a specific protection objective but, in particular in the case of the larger
SPZs, provide opportunities for more flexible management and, in so doing, may enable a balance to be
struck between the preservation of the significant species and other interests?

3.
Has the Commission received from Schleswig-Holstein any reports on individual instances where the
possibility provided for in Section 33(4) of the Federal Law on the Protection of Nature of designating a
protection area has not been used because an equivalent level of protection may be ensured by contractual
agreements or legal or administrative provisions?

It is self-evident that not all of the categories to be protected pursuant to the German Law on the
4.
Protection of Nature necessarily correspond to those in the protection objectives set out in the Wild Birds
Directive and/or the Habitats Directive. Might
the requirements of the EU Directives be met more
effectively if the protection categories ‘Special Protection Zone under the Wild Birds Directive’ and ‘Special
Protection Zone under the Habitats Directive’ were to be incorporated into the German Law on the
Protection of Nature as well as being given individual protected status in law?