CELEX: 51996PC0045
Language: en
Date: 1996-04-11
Title: Proposal for a COUNCIL DECISION regarding the definition and implementation of Community policy in the field of Telecommunications and Postal services

Avis juridique important

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51996PC0045

Proposal for a COUNCIL DECISION regarding the definition and implementation of Community policy in the field of Telecommunications and Postal services  /* COM/96/0045 FINAL - CNS 96/0042 */  

Official Journal C 192 , 03/07/1996 P. 0004

Proposal for a Council Decision regarding the definition and  implementation of Community policy in the field of telecommunications and postal services(96/C   192/04)COM(96) 45 final - 96/0042(CNS)(Submitted by the Commission on 12 April  1996)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 235  thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social Committee, Whereas the objectives of the Community telecommunications and postal policy include, in  particular, the progressive creation of an open single market in telecommunications and postal  services through the development of a regulatory framework; the harmonization of general principles  for access to and use of network infrastructure; the definition of universal service and its means  of financing; contribution to Community coherence and cohesion; participating in the promotion of  new audiovisual services; the assurance of Community-wide network interconnection and  interoperability, in particular through trans-European networks for telecommunications; and the  development of external aspects of the Community's policy; Whereas Treaty provisions and Council and Parliament resolutions and directives require the  Commission to act in various ways, in order to study and lay down objectives and actions which  further define and implement the Community telecommunications and postal policy; whereas this  includes initiating analysis, drawing up analysis and progress reports, eliciting comment from  industry and the public, drawing up proposals for legislation, monitoring the application of  legislation and ensuring the timely availability of European standards and the necessary frequency  resources on a pan-European basis; Whereas these actions require a range of support activities, including the commissioning of studies  and the organization of seminars and consultations, in order to analyse markets, technologies,  objectives and policies; the commissioning of work contributing to actions in the area of cohesion  and international cooperation; as well as the submission of mandates to standardization and  frequency bodies; Whereas the Treaty does not provide, for the adoption of this Decision, powers of action other than  those of Article 235, HAS ADOPTED THIS DECISION: Article 1 This Decision concerns the definition and implementation of Community  policy in the field of telecommunications and postal services, and the monitoring of the  application of the legislative provisions adopted within the framework of that policy, which are  listed in the Annex of this Decision. Article 2 1.  The Commission shall be responsible for carrying out the tasks defined in Article   1. 2.  In carrying out these tasks, the Commission shall have regard to the objectives of the  Community policy in the field of telecommunications and postal services, which include: - creating, on a progressive basis, an open single market in telecommunications services, fixed and  mobile infrastructure, and satellite communications, through the development of a regulatory  framework, in order to facilitate the transition to the European information society, acknowledging  public service obligations, - creating, on a progressive basis, an open single market in postal services, through the  development of a regulatory framework and the promotion of efficient and high quality interoperable  postal services at affordable prices, acknowledging public service obligations, - ensuring harmonization of general principles for access to and use of telecommunications network  infrastructure, and the timely availability of standards, where necessary, - defining universal service and its means of financing, - fully integrating all regions of the Union, in particular the less favoured, into the emerging  European information society, through measures contributing to Community coherence and cohesion, - ensuring the timely availability of frequency resources and numbering systems in a harmonized  manner, - developing an open, Community-wide market for telecommunications equipment and terminals, - continuing Community measures regarding common standards in the telecommunications sector, - participating in the promotion of the Communtiy-wide introduction of new audiovisual services, - developing the appropriate regulatory framework concerning telecommunications infrastructures and  services for the future multimedia environment, where necessary, - contributing to the development of cooperation between the Community and third countries;  developing external aspects of the Community's policy, and- creating or ensuring Community-wide  network interconnection and interoperability, in particular through trans-European networks for  telecommunications. Article 3 For the fulfilment of the tasks defined in Article 2, the Commission may undertake any  suitable action, in particular: - awarding contracts for the execution of the tasks of analysis, forward studies, specific studies,  coordination and evaluation, as well as for the cofinancing of certain actions, - organizing, participating in and supporting expert meetings, conferences, consultations with  interested parties, seminars; and supporting information dissemination and publication, - contributing to the development of cooperation between the Community and third countries, - submitting mandates to standardization and frequency bodies, and- purchasing and operating  necessary equipment. Article 4 The control of payments for any services, or preparatory, feasability or evaluation  studies requested, shall be carried out by the Commission's services prior to payment, taking into  account any contractual obligations, economic principles and good financial or management practice.  Anti-fraud provisions (supervision, reporting requirements, etc.) shall be included in all  agreements and contracts made between the Commission and the recipient of any payments. Article 5 The Commission shall present to the European Parliament and the Council a report on the  execution of these activities, including an evaluation of progress made towards achieving Community  objectives, every three years.  ANNEX List of legislative provisions adopted to date in the field of telecommunications  and posts Council recommendation of 12 November 1984 concerning the implementation of  harmonization in the field of telecommunications (84/549/EEC; OJ No L 298, 16. 11. 1984, p.  49)Council recommendation of 12 November 1984 concerning the first phase of opening up access to  public telecommunications contracts (84/550/EEC; OJ No L 298, 16. 11. 1984, p. 51)Council Decision  of 25 July 1985 on a definition phase for a Community action in the field of telecommunications  technologies - R+D programme in advanced communication technologies for Europe (RACE) (85/372/EEC;  OJ No L 210, 7. 8. 1985, p. 24)Council resolution of 9 June 1986 on the use of videoconference and  videophone techniques for intergovernmental applications (86/C  160/01; OJ No C  160, 27. 6. 1986,  p.  1)Council Directive of 24 July 1986 on the initial stage of the mutual recognition of type  approval for telecommunications terminal equipment (86/361/EEC; OJ No L 217, 5. 8. 1986, p.   21)Council Regulation of 27 October 1986 instituting a Community programme for the development of  certain less-favoured regions of the Community by improving access to advanced telecommunications  services (STAR programme) (3300/86/EEC; OJ No L 305, 31. 10, 1986, p.  1)Council Directive of 3  November 1986 on the adoption of common technical specifications of the MAC/packet family of  standards for direct satellite television broadcasting (86/529/EEC; OJ No L  311, 6. 11. 1986, p.   28)Council Decision of 22 December 1986 on standardization in the field of information technology  and telecommunications (87/95/EEC; OJ No L 36, 7. 2. 1987, p.  31)Council recommendation of 22  December 1986 on the coordinated introduction of the Integrated Services Digital Network (ISDN) in  the European Community (86/659/EEC; OJ No L 382/36, 31. 12. 1986)Council recommendation of 25 June  1987 on the coordinated introduction of public pan-European cellular digital land-based mobile  communications in the Community (87/371/EEC; OJ No L 196, 17. 7. 1987, p.  81)Council Directive of  25 June 1987 on the frequency bands to be reserved for the coordinated introduction of public  pan-European cellular digital land-based mobile communications in the European Community  (87/372/EEC; OJ No L  196, 17. 7. 1987, p.  85)Council Decision of 5 October 1987 introducing a  communications network Community programme on trade electronic data interchange systems (Tedis)  (87/499/EEC; OJ No L 285, 8. 10. 1987, p.  35)Council Decision of 14 December 1987 on a Community  programme in the field of telecommunications technologies - research and development (R& D) in  advanced communications technologies in Europe (RACE programme) (88/28/EEC; OJ No L 16, 21. 1.  1988, p. 35)Commission Directive of 16 May 1988 on competition in the markets in  telecommunications terminal equipment (88/301/EEC; OJ No L 131, 27. 5. 1988, p. 73)Council  resolution of 30 June 1988 on the development of the common market for telecommunications services  and equipment up to 1992 (88/C  257/01; OJ No C 257, 4. 10. 1988, p.  1)Council Decision of 5  April 1989 amending Decision 87/499/EEC introducing a communications network Community programme on  trade electronic data interchange systems (Tedis) (89/241/EEC; OJ No L 97, 11. 4. 1989, p.  46)Council resolution of 27 April 1989 concerning standardization in the fields of information  technology and telecommunications (89/C  117/01; OJ No C  117, 11. 5. 1989, p.  1)Council Decision  of 27 April 1989 on high-definition television (89/337/EEC; OJ No L 142, 25. 5. 1989, p.   1)Council Directive of 3 May 1989 on the approximation of the laws of the Member States relating  to electromagnetic compatibility (89/336/EEC; OJ No L 139, 23. 5. 1989, p. 19)Council resolution  of 18 July 1989 on the strengthening of the coordination for the introduction of the integrated  service digital network (ISDN) in the European Community up to 1992 (89/C  196/04; OJ No C 196, 1.  8. 1989, p.  4)Council Decision of 7 December 1989 on the common action to be taken by the Member  States with respect to the adoption of a single world-wide high-definition television production  standard by the Plenary Assembly of the International Radio Consultative Committee (CCIR) in 1990  (89/630/EEC; OJ No L 363, 13. 12. 1989, p.  30)Council resolution of 22 January 1990 concerning  trans-European networks (90/C  27/05; OJ No C 27, 6. 2. 1990, p. 8)Council resolution of 28 June  1990 on the strengthening of the European-wide cooperation on radio frequencies, in particular with  regard to services with a pan-European dimension (90/C  166/02; OJ No C 166, 7. 7. 1990, p.   4)Council Directive of 28 June 1990 on the establishment of the internal market for  telecommunications services through the implementation of open network provision (90/387/EEC; OJ No  L 192, 24. 7. 1990, p.  1)Commission Directive of 28 June 1990 on competition in the markets for  telecommunications services (90/388/EEC; OJ No L 192, 24. 7. 1990, p.  10)Commission Decision of  30 July 1990 setting up a Joint Committee on Telecommunications Services (90/450/EEC; OJ No L 230,  24. 8. 1990, p. 25)Council Directive of 17 September 1990 on procurement procedures of entities  operating in the water, energy, transport and telecommunications sectors (90/531/EEC; OJ No L 297,  29. 10. 1990, p.  1)Council recommendation of 9 October 1990 on the coordinated introduction of  pan-European land-based public radio paging in the Community (90/543/EEC; OJ No L 310, 9. 11. 1990,  p. 23)Council Directive of 9 October 1990 on the frequency bands designated for the coordinated  introduction of pan-European land-based public radio paging in the Community (90/544/EEC; OJ No L  310, 9. 11. 1990, p. 28)Council resolution of 14 December 1990 on the final stage of the  coordinated introduction of pan-European land-based public digital mobile cellular communications  in the Community (GSM) (90/C  329/09; OJ No C 329, 31. 12. 1990, p.  25)Council Directive of 29  April 1991 on the approximation of the laws of the Member States concerning telecommunications  terminal equipment, including the mutual recognition of their conformity (91/263/EEC; OJ No L 128,  23. 5. 1991, p.  1)Council Directive of 3 June 1991 on the frequency band to be designated for the  coordinated introduction of digital European cordless telecommunications (DECT) into the Community  (91/287/EEC; OJ No L 144, 8. 6. 1991, p.  45)Council recommendation of 3 June 1991 on the  coordinated introduction of digital European cordless telecommunications (DECT) into the Community  (91/288/EEC; OJ No L 144, 8. 6. 1991, p. 47)Council Decision of 7 June 1991 adopting a specific  research and technological development programme in the field of communication technologies (1990  to 1994) (91/352/EEC; OJ No L 192, 16. 7. 1991, p.  8)Council Decision of 7 June 1991 adopting a  specific programme of research and technological development in the field of telematic systems in  areas of general interest (1990 to 1994) (91/353/EEC; OJ No L 92, 16. 7. 1991, p.  18)Council  Decision of 22 July 1991 establishing the second phase of the Tedis programme (Trade electronic  data interchange systems) (91/385/EEC; OJ No L 208, 30. 7. 1991, p. 66)Council Decision of 29 July  1991 on the introduction of a single European emergency call number (91/396/EEC; OJ No L 217, 6. 8.  1991, p.  31)Guidelines on the application of EEC competition rules in the telecommunications  sector (91/C  233/02; OJ No C 233, 6. 9. 1991, p. 2)Council resolution of 18 November 1991  concerning electronics, information and communication technologies (91/C  325/02; OJ No C 325, 14.  12. 1991, p. 2)Council resolution of 19 December 1991 on the development of the common market for  satellite communications services and equipment (92/C  8/01; OJ No C 8, 14. 1. 1992, p.  1)Council  Directive of 25 February 1992 coordinating the laws, regulations and administrative provisions  relating to the application of community rules on the procurement procedures of entities operating  in the water, energy, transport and telecommunications sectors (92/13/EEC; OJ No L 76, 23. 3. 1992,  p. 14)Council Decision of 31 March 1992 in the field of security of information systems  (92/242/EEC; OJ No L 123, 8. 5. 1992, p. 19)Council Directive of 28 April 1992 amending Directive  89/336/EEC on the approximation of the laws of the Member States relating to electromagnetic  compatibility (92/31/EEC; OJ No L 126, 12. 5. 1992, p. 11)Council Directive of 11 May 1992 on the  adoption of standards for satellite broadcasting of television signals (92/38/EEC; OJ No L 137, 20.  5. 1992, p. 17)Council Decision of 11 May 1992 on the introduction of a standard international  telephone access code in the Community (92/264/EEC; OJ No L 137, 20. 5. 1992, p.  21)Council  Directive of 5 June 1992 on the application of open network provision to leased lines (92/44/EEC;  OJ No L 165, 19. 6. 1992, p. 27)Council resolution of 5 June 1992 on the development of the  integrated services digital network (ISDN) in the Community as a European-wide telecommunications  infrastructure for 1993 and beyond (92/C; OJ No C 158, 25. 6. 1992, p.  1)Council recommendation  of 5 June 1992 on the application of open network provision to public packet switched data services  (92/382/EEC; OJ No L  200, 18. 7. 1992, p.  1)Council recommendation of 5 June 1992 on the  application of open network provision to ISDN (92/383/EEC; OJ No L 200, 18. 7. 1992, p.   10)Commission Decision of 15 July 1992 amending the lists of standards institutions annexed to  Council Directive 83/189/EEC (92/400/EEC; OJ No L 221, 6. 8. 1992, p.  55)Council resolution of 19  November 1992 on the implementation in the Community of the European Radiocommunications Committee  Decisions (92/C  318/01; OJ No C 318, 4. 12. 1992, p.  1)Council resolution of 19 November 1992 on  the promotion of Europe-wide cooperation on numbering of telecommunications services (92/C  318/02;  OJ No C 318, 4. 12. 1992, p. 2)European Parliament resolution of 20 April 1993 on the Commission  communication 'Towards cost orientation and the adjustment of pricing structures -  Telecommunications tariffs in the Community` (A3-0117/93; OJ No C 150, 31. 5. 1993, p. 37)European  Parliament resolution of 20 April 1993 on the Commission's 1992 review of the situation in the  telecommunications services sector (A3-0113/93; OJ No C 150, 31. 5. 1993, p. 39)Council Directive  93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities of entities operating  in the water, energy, transport and telecommunicationsCouncil resolution of 22 July 1993 on the  technology and standards in the field of advanced television services (93/C  209/01; OJ No C 209,  3. 8. 1993, p. 1)Council Decision of 22 July 1993 on an action plan for the introduction of  advanced television services in Europe (93/424/EEC; OJ No L 196, 5. 8. 1993, p. 48)Council  resolution of 22 July 1993 on the review of the situation in the telecommunications sector and the  need for further development in that market (93/C  213/01; OJ No C 213, 6. 8. 1993, p.  1)Telecommunications: open network provision ONP list of standards (third issue) (93/C  219/02; OJ  No C 219, 13. 8. 1993, p. 2)Telecommunications: open network provision for leased lines (93/C   277/04; OJ No C 277, 15. 10. 1993, p. 9)Council Directive of 29 October 1993 supplementing  Directive 91/263/EEC in respect of satellite earth station equipment (93/97/EEC; OJ No L 290, 24.  11. 1993, p. 1)Council resolution of 7 December 1993 on the introduction of satellite personal  communication services in the Community (93/C  339/01; OJ No C 339, 16. 12. 1993, p. 1)Commission  Decision of 21 December 1993 on a common technical regulation for the general attachment  requirements for public pan-European cellular digital land-based mobile communications (94/11/EC;  OJ No L 8, 12. 1. 1994, p. 20)Commission Decision of 21 December 1993 on a common technical  regulation for the telephony application requirements for public pan-European cellular digital  land-based mobile communications (94/12/EC; OJ No L 8, 12. 1. 1994, p. 23)Council resolution of 7  February 1994 on universal service principles in the telecommunications sector (94/C  48/01; OJ No  C 48, 16. 2. 1994, p. 1)Commission statement concerning Council resolution on universal service in  the telecommunications sector (94/C  48/06; OJ No C 48, 16. 2. 1994, p. 8)Council resolution of 7  February 1994 on the development of Community postal services (94/C  48/02; OJ No C 48, 16. 2.  1994, p. 3)European Parliament resolution of 6 May 1994 on the communication from the Commission  accompanied by the proposal for a Council resolution on universal service principles in the  telecommunications sector (A3-0317/94; OJ No C 205, 25. 7. 1994, p. 551)Commission Decision of 15  June 1994 on amendment of Annex II of Council Directive 92/44/EEC (94/439/EC; OJ No L 181, 15. 7.  1994, p. 40)Council resolution of 27 June 1994 on a framework for Community policy on digital  video broadcasting (94/C  181/02; OJ No C 181, 2. 7. 1994, p. 3)Commission Decision of 18 July  1994 on a common technical regulation for attachment requirements for terminal equipment interface  for ONP 2  048 kbit/s digital unstructured leased line (94/470/EC; OJ No L 194, 29. 7. 1994, p.  87)Commission Decision of 18 July 1994 on a common technical regulation for general terminal  attachment requirements for digital European cordless telecommunications (DECT) (94/471/EC; OJ No L  194, 29.  7.  1994, p. 89)Commission Decision of 18 July 1994 on a common technical regulation for  telephony application requirements for digital European cordless telecommunications (DECT)  (94/472/EC; OJ No L 194, 29.  7.  1994, p. 91)Telecommunications: open network provision (ONP) for  leased lines - conciliation procedure (94/C  214/04; OJ No C 214, 4. 8. 1994, p. 4)Commission  Directive of 13 October 1994 amending Directives 88/301/EEC and 90/388/EEC in particular with  regard to satellite communications (OJ No L 268, 19. 10. 1994, p. 15)Commission Decision of 18  November 1994 on a common technical regulation for the pan-European integrated services digital  network (ISDN) primary rate access (94/796/EC; OJ No L 329, 20. 12. 1994, p.  1)Commission  Decision of 18 November 1994 on a common technical regulation for the pan-European integrated  services digital network (ISDN) basic access (94/797/EC; OJ No L 329, 20. 12. 1994, p. 14)Council  resolution of 22 December 1994 on the principles and timetable for the liberalization of  telecommunications infrastructures (94/C  379/03; OJ No C 379, 31. 12. 1994, p. 4)Council  resolution of 22 December 1994 on further development of the Community's satellite communications  policy, especially with regard to the provision of, and access to, space segment capacity (94/C   379/04; OJ No C 379, 31. 12. 1994, p. 5)Basic policy documents published by the Commission: Green Paper on the development of the common market for telecommunications services and equipment  (COM(87)  290, 30. 6. 1987)Green Paper on a common approach in the field of satellite  communications in the European Community (COM(90)  490, 28. 11. 1990)1992 Review of the situation  in the telecommunications services sector (SEC(92)  1048, 21. 10. 1992) and communication to the  Council and European Parliament on the consultation on the review of the situation in the  telecommunications sector (COM(93)  159 final, 28. 4. 1993)Green Paper on a common approach in the  field of mobile and personal communications in the European Union (COM(94)  145, 27. 4. 1994)Green  Paper on the liberalization of telecommunications infrastructure and cable television networks:  Part One (COM(94)  440, 25. 10. 1994)Green Paper on the development of the single market for  postal services (COM(91)  476, 11. 6. 1992)Guidelines for the development of Community postal  services; communications from the Commission to the Council and the European Parliament (COM(93)   247, 2. 6. 1993)Green Paper on the liberalization of telecommunications infrastructure and cable  TV networks, Part Two (COM(94)  682, 25. 1. 1995)Communication on digital video broadcasting, a  framework for Community policy (COM(93)  557 final, 17. 11. 1993)