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# 51996AP0222

**Decision on the common position established by the Council with a view to the adoption of a European Parliament and Council Decision on a series of guidelines for trans- European telecommunications networks (C4-0225/96 - 95/ 0124(COD)) (Codecision procedure: second reading)** 
  
*Official Journal C 261 , 09/09/1996 P. 0059*

  

A4-0222/96

Decision on the common position established by the Council with a view to the adoption of a European Parliament and Council Decision on a series of guidelines for trans-European telecommunications networks (C4-0225/96 - 95/0124(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0225/96 - 95/0124(COD),

- having regard to its opinion at first reading ((OJ C 47, 19.2.1996, p. 15. )) on the Commission proposal to the European Parliament and the Council, COM(95)0224 ((OJ C 302, 14.11.1995, p. 23.)),

- having regard to the amended Commission proposal, COM(96)0108 ((OJ C 175, 18.6.1996, p. 4.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0222/96),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital 17

>Original text>

(17) Whereas effective coordination needs to be ensured between the development of the trans-European telecommunications networks, which must address real-world concerns, and the different Community programmes, in particular the specific programmes of the fourth framework programme for research, technological development and demonstration, programmes in favour of SMEs, comprising an information-content-oriented programme (such as INFO 2000, MEDIA 2) and other Information Society activities; whereas such coordination must also be ensured with the projects provided for by Council Decision 95/468/EC of 6 November 1995 on a Community contribution for telematic interchange of data between administrations in the Community (IDA)5;

>Text following EP vote>

(17) Whereas effective coordination needs to be ensured between the development of the trans-European telecommunications networks, which must address real-world concerns, without attempting to carry out purely experimental projects, and the different Community programmes, in particular the specific programmes of the fourth framework programme for research, technological development and demonstration, programmes in favour of SMEs, comprising an information-content-oriented programme (such as INFO 2000, MEDIA 2) and other Information Society activities; whereas such coordination must also be ensured with the projects provided for by their Decisions applying to trans-European Networks;

\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(5) OJ L 269, 11.11.1995, p. 23.

(Amendment 2)

Recital 19

>Original text>

(19) Whereas the telecommunications sector is being progressively liberalized; whereas the development of trans-European applications, generic services and base networks will increasingly rely on private initiative; whereas these trans- European developments must respond on a European scale to market needs or to actual and sizeable needs of society which are not covered by market forces alone; whereas, taking this into account, the interested sector actors will be requested to propose, through the application of appropriate procedures giving everyone equal chances, specific projects of common interest in chosen domains; whereas these procedures have to be defined and a list of the chosen domains has to be adopted; whereas a Committee will assist the Commission for the specification of the projects of common interest;

>Text following EP vote>

(19) Whereas the telecommunications sector is being progressively liberalized; whereas the development of trans-European applications, generic services and base networks will increasingly rely on private initiative; whereas these trans- European developments must respond on a European scale to market needs or to actual and sizeable needs of society which are not covered by market forces alone; whereas, taking this into account, the interested sector actors will be requested to propose, through the application of appropriate procedures giving everyone equal chances, specific projects in priority domains; whereas the identification of the specific projects of common interest has to be carried out in accordance with the provisions of the Treaty, and in particular Article 129d thereof;

(Amendment 3)

Recital 22

>Original text>

(22) Whereas the Commission will have to undertake actions to ensure interoperability of the networks and coordinate the activities of the Member States aiming at implementation of trans-European telecommunications networks;

>Text following EP vote>

(22) Whereas the Commission will have to undertake actions to ensure interoperability of the networks and coordinate the activities of the Member States aiming at implementation of trans-European telecommunications networks and of comparable national projects;

(Amendment 5)

Article 2, first indent

>Original text>

- facilitating the transition towards the Information Society, in particular to promote satisfaction of social and cultural needs and to improve the quality of life;

>Text following EP vote>

- facilitating the transition towards the information society as well as providing experience on the effects of the deployment of new networks and applications on social activities and to promote the satisfaction of social and cultural needs and to improve the quality of life,

(Amendment 6)

Article 3

>Original text>

The priorities for the realization of the objectives mentioned in Article 2 shall be:

>Text following EP vote>

The priorities for the realisation of the objectives mentioned in Article 2 will be, in the following order:

>Original text>

- study and validation of feasibility, followed by the deployment of applications supporting the development of a European information society, in particular applications of collective interest;

- study and validation of feasibility, followed by the deployment of applications contributing to economic and social cohesion, by improving access to information throughout the Community and also building on European cultural diversity;

>Text following EP vote>

(a) identification, study and validation of the technical and commercial feasibility, followed by the deployment of trans-European generic services providing a seamless access to all kinds of information, including in rural and peripheral areas, and interoperable with equivalent services at world level and the ex-post assessment of the social consequences of such deployment;

>Original text>

- stimulation of initiatives associating in particular less-favoured regions for the launch of trans-European telecom services and applications;

- study and validation of feasibility, followed by the deployment of applications and services contributing to the strengthening of the internal market and job creation, in particular those offering to SMEs means to improve their competitiveness in the Community and at world level;

- identification, study and validation of feasibility, followed by the deployment of trans-European generic services providing seamless access to all kinds of information, including in rural and peripheral areas, and interoperable with equivalent services at world level;

>Text following EP vote>

(b) identification and removal of gaps and missing links for an effective interconnection and interoperability of all their components of telecommunications networks in the Community and at world level, with particular emphasis on Euro-ISDN networks and, where it meets an identified sizeable potential market demand, on IBC networks.

(c) study and validation of the technical and commercial feasibility, followed by the deployment of applications supporting the development of a European information society, in particular applications of collective interest and the ex-post assessment of the social consequences of such deployment;

>Original text>

- study and validation of the feasibility of new integrated broadband communication (IBC) networks, where required for such applications and services, and the promotion of the interconnectivity of such networks;

- identification and removal of gaps and missing links for effective interconnection and interoperability of all the components of telecommunications networks in the Community and at world level, with particular emphasis on IBC networks.

>Text following EP vote>

(d) study and validation of the feasibility of new integrated broadband communication (IBC) networks, where required for such applications and services, and the promotion of the interconnectivity of such networks.

(e) study and validation of the feasibility, followed by the deployment of applications and services contributing to the strengthening of the internal market and job creation, in particular those offering to SMEs means to improve their competitiveness in the Community and at world level and the ex-post assessment of the social consequences of such deployment;

>Text following EP vote>

(f) study and validation of the feasibility, followed by the deployment of applications contributing to the economic and social cohesion, by improving access to information throughout the Community and also building on European cultural diversity, and the ex-post assessment of the social consequences of such deployment;

>Text following EP vote>

(g) stimulation of transboundary interregional initiatives for the launch of trans-European telecom services and applications.

>Text following EP vote>

(h) Action to promote applications strengthening ties, on the basis of mutual understanding, closer relations and maximum economic, cultural and associative exchange, with the countries of the Mediterranean, Central and Eastern Europe, the CIS and Latin America.

(Amendment 7)

Article 5

>Original text>

The development of trans-European networks in the sphere of telecommunications infrastructure shall be undertaken under this Decision through the implementation of projects of common interest. The spheres within which projects of common interest shall be specified are listed in Annex I.

>Text following EP vote>

The development of trans-European networks in the sphere of telecommunications infrastructure shall be undertaken under this Decision through the implementation of projects of common interest. The spheres within which projects of common interest shall be identified are listed in Annex I.

(Amendment 8)

Article 6

>Original text>

In accordance with Articles 7, 8 and 9 projects of common interest in the spheres indicated in Annex I shall be specified, using the identification criteria listed in Annex II. The projects identified are eligible for Community support in compliance with Council Regulation (EC) No 2236/95 of 18 September 1995, laying down general rules for the granting of Community financial aid in the field of trans-European networks.

>Text following EP vote>

In accordance with Article 129d of the Treaty, and following the procedure described in Articles 7, 8 and 9 projects of common interest in the spheres indicated in Annex I shall be identified, using the identification criteria listed in Annex II. The projects identified are eligible for Community support in compliance with Council Regulation (EC) No 2236/95 of 18 September 1995, laying down general rules for the granting of Community financial aid in the field of trans-European networks.

(Amendment 9)

Article 7

>Original text>

1. A draft work programme shall be prepared by the Commission, in conformity with the other trans-European network policies, in consultation with sector operators, for selecting the areas in which specific projects of common interest can be proposed, within the spheres of projects of common interest set out in Annex I. The work programme shall be updated as necessary.

>Text following EP vote>

1. A draft work programme shall be prepared by the Commission, in conformity with the other trans-European network policies, in consultation with sector operators, for selecting the areas in which specific projects can be proposed, within the domains of projects of common interest set out in Annex I. The work programme shall be adopted by the European Parliament and the Council and updated as necessary in accordance with Article 129d of the Treaty.

>Original text>

2. The work programme shall be the basis for the establishment of regular calls for proposals for projects of common interest by the Commission.

>Text following EP vote>

2. The work programme shall be the basis for the establishment of regular calls for proposals for projects of common interest by the Commission.

>Text following EP vote>

2a. In accordance with Article 129d of the Treaty, the Commission shall propose to the Parliament and Council the list of the projects selected on the basis of the results of the calls for proposals. The Commission shall ensure that the projects relating to the territory of a Member State are approved by the Member State concerned.

(Amendment 10)

Article 8 (2)

>Original text>

2. For the cases specified in Article 9(1), the Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.

>Text following EP vote>

2. The Commission shall be assisted by an advisory committee composed of representatives of the Member States and chaired by the representative of the Commission.

>Original text>

The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority provided for in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the Member States' representatives within the committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.

>Text following EP vote>

The Commission representative shall submit to the committee and to the European Parliament a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority provided for in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the Member States' representatives within the committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.

>Original text>

The Commission shall adopt the measures envisaged where they are in accordance with the opinion of the committee.

If the measures envisaged are not in accordance with the committee's opinion, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by qualified majority.

If, on expiry of a period of three months from referral of the matter to the Council, the latter has not acted, the proposed measures shall be adopted by the Commission.

>Text following EP vote>

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes. The minutes shall be forwarded to the European Parliament. The Commission shall take the utmost account of the opinion delivered by the committee and the remarks of the European Parliament. It shall inform the committee and the European Parliament of the manner in which their opinions have been taken into account.

(Amendment 11)

Article 9(1), first second and third indent

>Original text>

- the preparation and updating of the work programme referred to in Article 7;

>Text following EP vote>

- the preparation of the draft work programme referred to in Article 7(1) and of the draft of updates to the work programme;

>Original text>

- the determination of the content of calls for proposals;

>Text following EP vote>

- the determination of the content of calls for proposals;

>Original text>

- the specification of projects of common interest using the criteria laid down in Annex II;

>Text following EP vote>

- the establishment of recommendations for the projects of common interest to be identified by the Council and Parliament as referred to in Article 7(2a) using the criteria laid down in Annex II;

(Amendment 12)

Article 11

>Original text>

Member States shall take all the means necessary to facilitate the implementation of the projects of common interest, in conformity with Community rules.

>Text following EP vote>

Member States shall take all measures required at national, regional or local level to facilitate and accelerate the implementation of the projects of common interest, in the respect of Community rules. The authorization procedures which may be necessary shall be completed as quickly as possible.

(Amendment 13)

Annex I, introduction, second paragraph, first and second indents

>Original text>

- The Applications layer, through which users interact with generic services and basic networks to meet their professional, educational and social needs. Applications require to be interoperable to bring the maximum benefit to users across the Community.

>Text following EP vote>

- The applications layer, through which users interact with generic services and basic networks to meet their professional, educational and social needs.

>Original text>

- The Generic Services layer, made up of compatible generic services and their management. Through support of the applications' common requirements, these services supplement applications whilst aiding their interoperability.

>Text following EP vote>

- The Generic Services layer, made up of compatible generic services and their management. Through support of the applications' common requirements, and by providing common tools for development and implementation of new applications, these services supplement applications whilst aiding their interoperability.

(Amendment 14)

Annex I, introduction, fourth paragraph

>Original text>

The following sections define the spheres in which projects of common interest will be specified.

>Text following EP vote>

The following sections define the spheres in which projects of common interest will be identified.

>Text following EP vote>

(Throughout the annexes, the word 'specify/ied¨ referring to the projects of common interest is to be replaced by 'identify/ied¨

(Amendment 15)

Annex I(1), introduction

>Original text>

The spheres in which applications projects of common interest will be identified are the following:

>Text following EP vote>

Applications will need to use local languages, except when they are designed for specific categories of professional users, and to be interoperable between themselves to bring the maximum benefit to the users across the Community. Where this can be applicable, they shall take into account the specific needs of women and of less developed or less populated regions. They must address the widest possible populations of users and demonstrate citizens' access to services of collective interest. For the benefit of disabled people, special requirements should be taken into account in the early stage of the planning of projects and with regard to access to services. An assessment of the social and societal impact of the introduction of the applications shall be carried out after they are deployed.

The spheres in which applications projects of common interest will be identified are the following:

(Amendment 16)

Annex I (1), second indent

>Original text>

- Distance education and training: Advanced distance education and training services should be made accessible to all individuals, schools, colleges and businesses. Centres should be set up and made remotely accessible across the Community in order to provide courseware and training services for SMEs, large companies, education systems, and public administrations. New approaches to professional training for the Information Society should be developed and promoted.

>Text following EP vote>

- Distance education and training: Advanced distance education and training services should be made accessible for all citizens, schools, colleges and businesses. Centers should be set up and made remotely accessible across Europe in order to provide courseware and training services for SMEs, large companies, education systems, and public administrations. New approaches to general, academic, professional and linguistic training should be developed and promoted as part of the transition towards the information society.

(Amendment 17)

Annex I(1), fourth indent

>Original text>

- Transport Telematics: Full advantage should be taken of trans-European telecommunications networks to provide user-oriented services, in the domains of logistical support for transport industries and of the development of value added services, such as information services, integrated payment and reservation services, trip planning and route guidance, and freight and fleet management. In addition, transport telematics services in urban areas should be covered, taking into account standardization and interoperability requirements. The deployment of these services, based on advanced fixed and mobile telecommunications networks, should satisfy wherever applicable, the necessary complementarity with and the interoperability of the Trans-European Transport Networks.

>Text following EP vote>

- Transport telematics: Full advantage should be taken of trans-European telecommunications networks to provide user-oriented services, in the domains of logistical support for transport industries and of the development of value added services, such as information services, integrated payment and reservation services, trip planning and route guidance, and freight and fleet management. Integrated multimodal transport, non-motorized personal transport, public transport and environment-friendly modes shall be treated as a priority. In addition, transport telematics services in urban areas should be covered, taking into account standardization and interoperability requirements. The deployment of these services, based on advanced fixed and mobile telecommunications networks, should satisfy wherever applicable, the necessary complementarity with and the interoperability of the Trans-European Transport Networks.

(Amendment 18)

Annex I(1), sixth indent

>Original text>

- Teleworking: The development of teleworking (in homes and satellite offices) supported by advance communication systems will help provide new forms of flexibility in terms of the place of work and the way work is organized. Through the decentralization of professional activities, teleworking can also help reduce the environmental consequences of daily commuting to population centres. Special attention should be paid to the social consequences of these applications.

>Text following EP vote>

- Teleworking: The development of teleworking in satellite offices and where possible in homes supported by advanced communication systems will help provide new forms of flexibility in terms of the place of work and the way work is organised. Through the decentralisation of professional activities, teleworking can also help reduce the environmental consequences of daily commuting to population centres. Applications should be set up to allow for such developments while ensuring the preservation of workers' rights and preventing the risks of social isolation that could be involved with teleworking. Special attention should be paid to the evaluation of the social consequences of these applications.

(Amendment 19)

Annex I(1), seventh indent a (new)

>Text following EP vote>

- Teleadministration: Development and improvement of communication in the sphere of public administration, so as to improve coordination between the public and private sectors and between the public sector and the citizens, and exchange of statistical and other information between national and Community administrations;

(Amendment 20)

Annex I(1), twelfth indent

>Original text>

- Cultural and linguistic heritage: Initiatives should be launched to foster the preservation of and access to the European cultural and artistic heritage, and to demonstrate the potential of the information infrastructure to support the development of local content in local languages and its dissemination.

>Text following EP vote>

- Cultural and linguistic heritage: Initiatives should be launched to foster the preservation of and access to the European cultural and artistic heritage, and to demonstrate the potential of the information infrastructure to stimulate and enhance creative endeavours and achievements as well as to encourage local content and its dissemination.

(Amendment 21)

Annex I(1), thirteenth indent

>Original text>

- Citizens' access to services: Applications demonstrating the possibilities of citizens' access to services of collective interest should be set up. Examples might include the establishment of kiosks and access points in public areas, and the use of smart cards and electronic wallets. For the benefit of disabled people, special requirements should be taken into account in the early stage of the planning of projects and with regard to access to services.

>Text following EP vote>

- Deleted

(Amendment 22)

Annex I(2), first indent

>Original text>

- Implementation of operational trans-European generic services, which should include in particular electronic mail, file transfer systems, on-line access to electronic data bases, and video services. As there is an urgent need for these trans-European generic services, they will use existing or emerging networks, fixed or mobile, and user access. They should include service elements operating at Community scale, such as directories, exchange rate compensation, authentication, data protection and information security, trans-European 'kiosk¨ and network navigational aids, etc.

>Text following EP vote>

- Implementation of operational trans-European generic services: They should include in particular electronic mail, file transfer systems, on-line access to electronic data bases, and video services. As there is an urgent need for these trans-European generic services, they will use existing or emerging networks, fixed or mobile, and user access. They should include service elements operating at Community scale, such as directories, exchange rate compensation, authentication, data protection and information security, especially preservation and remuneration of intellectual property, trans- European 'kiosk¨ and network navigational aids, payment facilities, access points in public areas, systems enabling the use of smart cards and electronic wallets, etc.

(Amendment 23)

Annex I(2), second indent

>Original text>

- Progressive extension of the generic services towards a multimedia environment. These services will offer end-users access to multimedia services, and might cover, but should not be limited to, multi-media mail, high speed file transfer and video services, including Video-on-Demand. Use of these multimedia services by business and residential users should be encouraged, as well as the integration of new service elements such as automatic translation, speech recognition, graphical user interfaces.

>Text following EP vote>

- Progressive extension of the generic services towards a multimedia environment. These services will offer end-users access to multimedia services, and might cover, but should not be limited to, multi-media mail, high speed file transfer and video services, including Video-on-Demand. Use of these multimedia services by business and residential users should be encouraged, as well as the integration of new service elements such as automatic translation, speech recognition, graphical user interfaces, intelligent agents and tools for user interaction and personalization.

(Amendment 24)

Annex I (2), third indent

>Original text>

- Introduction of non-proprietary digital signature as a basis for open service provision and mobility of use: Generic services will rely on a large number of complementary and competing service-providers. Open service provision and mobility of use will be of key importance and require electronic names (digital signatures) to be generally available and supported.

>Text following EP vote>

- Introduction of non-proprietary digital signature as a basis for open service provision and mobility of use: Generic services will rely on a large number of complementary and competing services providers. Open Service Provision and mobility of use, protection and remuneration of intellectual property, provision of an alternative to conventional physical authentication methods and electronic payments will be of key importance and require digital signatures (electronic names or anonymous authentication systems) to be generally available and supported.u

(Amendment 25)

Annex I(4), fifth indent

>Original text>

- Coordination of the activities undertaken under this Decision with related Community and national programmes.

>Text following EP vote>

- Coordination between the activities undertaken under this Decision, related Community programmes and similar national programmes.

(Amendment 26)

Annex II - Title

>Original text>

CRITERIA FOR THE SPECIFICATION OF PROJECTS OF COMMON INTEREST

>Text following EP vote>

CRITERIA FOR THE IDENTIFICATION AND SPECIFICATION OF PROJECTS OF COMMON INTEREST

(Amendment 27)

Annex II, first paragraph

>Original text>

The specification of projects of common interest among the projects presented by interested sector actors in response to a call for proposals as mentioned in Article 7 is made on the basis of their compliance with the objectives and priorities laid down in Articles 2 and 3 respectively.

>Text following EP vote>

The identification and specification of projects of common interest among the projects presented by interested sector actors in response to a call for proposals as mentioned in Article 7 is made on the basis of their compliance with the objectives and priorities laid down in Articles 2 and 3 respectively. These projects must be transnational in the sense that they shall be conceived to satisfy needs existing in several member States and to be implemented in several member States. This does not prevent the initial phase of their deployment designed to check the technical and commercial viability of the project from being carried out in a single member State, if it appears that the conditions prevailing in this member State are representative of those existing in the other member States where the project should ultimately be implemented.

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