Communication from the Commission to the European Parliament pursuant to the second subparagraph of Article 251(2) of the EC Treaty concerning the common positions of the Council on the adoption of a Directive of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services; a Directive of the European Parliament and of the Council amending Directives 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws; and a Regulation of the European Parliament and of the Council establishing the Group of European Regulators in Telecoms
Date: 2009-02-17
Institutions: European Commission
Subjects: administrative cooperation, competition law, consumer protection, data protection, electronic mail, personal data, protection of privacy, telecommunications, transmission network, universal service

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.2.2009 
COM(2009) 78 final 

2007/ 0247/ 0248 / 0249 (COD)  

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251(2) of the EC Treaty 
concerning the common positions of the Council on the adoption of 

a Directive of the European Parliament and of the Council amending Directives 
2002/21/EC on a common regulatory framework for electronic communications 
networks and services, 2002/19/EC on access to, and interconnection of, electronic 
communications networks and associated facilities, and 2002/20/EC on the authorisation 
of electronic communications networks and services; 

a Directive of the European Parliament and of the Council amending Directives 
2002/22/EC on universal service and users’ rights relating to electronic communications 
networks and services and 2002/58/EC concerning the processing of personal data and 
the protection of privacy in the electronic communications sector and Regulation (EC) 
No 2006/2004 on cooperation between national authorities responsible for the 
enforcement of consumer protection laws; and 

a Regulation of the European Parliament and of the Council establishing the Group of 
European Regulators in Telecoms 

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2007/ 0247/ 0248 / 0249 (COD)  

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251(2) of the EC Treaty 

concerning the common positions of the Council on the adoption of 

a Directive of the European Parliament and of the Council amending Directives 
2002/21/EC on a common regulatory framework for electronic communications 
networks and services, 2002/19/EC on access to, and interconnection of, electronic 
communications networks and associated facilities, and 2002/20/EC on the authorisation 
of electronic communications networks and services;  

a Directive of the European Parliament and of the Council amending Directives 
2002/22/EC on universal service and users’ rights relating to electronic communications 
networks and services and 2002/58/EC concerning the processing of personal data and 
the protection of privacy in the electronic communications sectors and Regulation (EC) 
No 2006/2004 on cooperation between national authorities responsible for the 
enforcement of consumer protection laws; and 

a Regulation of the European Parliament and of the Council establishing the Group of 
European Regulators in Telecoms 

1. 

BACKGROUND 

The  Commission  adopted  its  proposals  for  Directives  COM(2007) 697  –  2007/0247  (COD) 
(‘Better  Regulation  Directive’),  COM(2007) 698  –  2007/0248  (COD)  (‘Citizens’  Rights 
Directive’)  and  its  proposal  for  a  Regulation  COM  (2007) 699  –  2007/0249  (COD)  on 
13 November 2007 and submitted them to the European Parliament and to the Council on 13, 
15 and 16 November 2007. 

The Commission adopted its amended proposals incorporating in whole or in part many of the 
amendments voted by the European Parliament in its first reading on 24 September 2008, in 
accordance with Article 250 of the EC Treaty, on 5/6 November 20081. 

The Council, in accordance with Article 251 of the EC Treaty, adopted its common positions 
on these proposals on […].2 

2. 

AIM OF THE COMMISSION’S PROPOSALS 

The  aim  of  the  Commission’s  proposals  is  to  adjust  the  regulatory  framework  for 
e-communications, i.e. 

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COM(2008) 724, 723 and 720 final, respectively. 
OJ C. 

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–  the  Framework3,  Authorisation4  and  Access  Directives5,  to  improve  their  effectiveness, 
reduce  the  administrative  resources  needed  for  implementing  economic  regulation  and 
make access to radio frequencies simpler and more efficient, and  

–  the  Universal  Service  Directive6  and 

the  Directive  on  privacy  and  electronic 
communications7,  to  strengthen  certain  consumer  and  user  rights  and  to  ensure  that 
electronic communications are trustworthy, secure and reliable and provide a high level of 
protection for individuals’ privacy and personal data;  

and  to  establish  an  independent  expert  body  that  would  make  an  effective  contribution  to 
furthering the completion of the internal market by assisting the Commission and the national 
regulatory authorities in implementing the EU regulatory framework. 

In the Commission’s view, its position as set out in its amended proposals COM(2008) 720, 
723 and 724 represent a substantial step towards a converged position on the part of the three 
institutions. 

3. 

COMMENTS ON THE COUNCIL’S COMMON POSITION 

The  Commission  notes  that  the  Council’s  position  departs  substantially  from  those  of  the 
Commission  and  the  European  Parliament,  notably  as  regards  the  internal  market 
mechanisms, in particular for ensuring consistent regulatory remedies, the additional remedy 
of  functional  separation,  spectrum  policy,  and  the  establishment  of  a  regulatory  body.  As 
regards  the  regulatory  body,  the  Commission  has  particular  concerns  that  the  Council’s 
position  raises  institutional  questions  that  constitute  a  substantial  barrier  to  a  satisfactory 
settlement. 

The  Commission  also  notes  that  the  Council’s  position  diverges  from  those  of  the 
Commission  and  European  Parliament  on  a  number  of  supplementary  issues  falling  under 
both  proposals  for  directives  to  amend  the  regulatory  framework.  Nonetheless,  the 
Commission considers that the divergences relating to the proposed Citizens’ Rights Directive 
are not of the same magnitude as those relating to the proposed Better Regulation Directive 
and the proposed Regulation setting up a regulatory body. 

4. 

CONCLUSION 

In its comments above, the Commission draws attention to the divergences that exist between 
its proposals, as amended, and the Council’s common positions. 

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Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common 
regulatory framework for electronic communications networks and services (OJ L 108, 24.4.2002). 
Directive  2002/20/EC  of  the  European  Parliament  and  of  the  Council  of  7  March  2002  on  the 
authorisation of electronic communications networks and services (OJ L 108, 24.4.2002). 
Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and 
interconnection of, electronic communications networks and associated facilities (OJ L 108, 24.4.2002). 
Directive  2002/22/EC  of  the  European  Parliament  and  of  the  Council  of  7  March  2002  on  universal 
service  and  users’  rights  relating  to  electronic  communications  networks  and  services  (OJ  L  108, 
24.4.2002, p. 51). 
Directive 2002/58/EC of the European 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 (OJ L 
201, 31.7.2002, p. 37). 

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Nonetheless,  and  subject  to  its  statement  attached  to  the  minutes  of  the  Council  of 
27 November  2008,  the  Commission  affirms  its  belief  that  its  amended  proposals  can 
contribute  to  a  balanced  agreement  between  the  institutions  that  represents  an  advance  for 
citizens and businesses in the European single market. Accordingly, the Commission stands 
ready to facilitate an agreement between the co-legislators. 

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ANNEX 

COMMISSION STATEMENT 

The  Commission  takes  note  of  the  Common  Position  adopted  by the  Council  amending  the 
the  review  of the EU  Regulatory  Framework  for  Electronic 
Commission's  proposals  on 
Communications  Networks  and  Services  (the  proposals  for  a  Better  Regulation  Directive,  a 
Citizens' Rights Directive and a Regulation establishing the European Electronic Communications 
Market Authority). 

The Commission notes in particular that the Council's Common Position departs substantially from 
those taken by the Commission as well as the European Parliament, notably as regards the internal 
market mechanisms, in particular for ensuring consistent regulatory remedies, the additional remedy 
of  functional  separation,  spectrum  policy,  and  the  establishment  of  a  regulatory  body.  As  regards 
the  regulatory  body,  the  Commission  has  particular  concerns  that  the  Council's  position  raises 
institutional questions which constitute a substantial barrier to a satisfactory settlement. 

The  Commission  also  notes  that  the  Council's  Common  Position  diverges  from  those  of  the 
Commission  and  European  Parliament  on  a  number  of  supplementary  issues  falling  under  both 
proposals for directives amending the regulatory framework. Nonetheless, the Commission is of the 
view that the divergences that exist in relation to the proposed Citizens' Rights Directive are not of 
the  same  magnitude  as  those  relating  to  the  proposed  Better  Regulation  Directive  and  to  the 
proposed Regulation setting up a regulatory body. 

In this context the Commission wishes to reaffirm its position as set out in its amended proposals 
COM (2008) 720, 723 and 724 which represents a substantial step towards a converged position of 
the three institutions. 

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