CELEX: 51995PC0575
Language: en
Date: 1995-11-21
Title: Amended Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on the application of open network provision (ONP) to voice telephony

COMMISSION OF THE EUROPEAN COMMUNITIES
ix      it
  * 6 *
                                                    Brussels, 21.11.1995
                                                    COM(95) 575 final
                                                    95/0020(COD)
                                 OPINION OF THE COMMISSION
                     pursuant to Article 189b(2)(d) of the EC Treaty
       on the European Parliament's amendments to the Council's common position
                               regarding the proposal for a
                    EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
                         on the application of open network provision (ONP)
                                           to voice telephony
             AMENDING THE PROPOSAL OF THE COMMISSION
                   pursuant to Article 189 a (2) of the EC Treaty
 ---pagebreak---  ---pagebreak---                              EXPLANATORY            MEMORANDUM
Article J89b.2(d) requests the Commission to express its opinion on the amendments
proposed by the European Parliament in its second reading.
The Commission hereby presents its Opinion on the amendments proposed             by the
European Parliament, including, in accordance with Article 189a (secondparagraph)      of
the EC Treaty, a modified proposal incorporating the EP amendments accepted by the
Commission.
                             OPINION OF THE COMMISSION                    "  •
 1. BACKGROUND
a)     The Commission submitted its proposal to the Council on 1 February 1995
       [COM(94) 689 final).
b)     The European Parliament, on the first reading, adopted a favourable Resolution on
       16 May 1995, without proposing amendments to the Commission's proposal.
 c)    The Economic and Social Committee gave its favourable opinion on 31 May 1995.
 d)    The Council adopted its Common Position on 12 July 1995.
 e)    The Commission accepted this Common Position and informed the European
       Parliament of its opinion on 14 July 1995.
 f)    The European Parliament voted on the second reading on 26 October 1995, adopting
       a favourable resolution which included 2 amendments to the Common Position.
 2. PURPOSE OF THE DIRECTIVE
 The proposal for a Directive on the application of open network provision (ONP) to voice
  telephony services has three basic goals:
  -   to establish the rights of users of voice telephony services;
 ---pagebreak--- -    to ensure open and non-discriminatory access to the public telephone network for all
     users, including service providers offering competitive services;
     to enhance Community-wide provision of voice telephony services.
The proposed Directive is consistent with the importance which the Treaty gives to
consumer protection in the European Union.
3. POSITION OF THE COMMISSION ON THE EP AMENDMENTS
The Commission can accept Amendment 1, as it provides clarification recalling the modus
vivendi which was signed by European Parliament, the Council and the Commission at the
end of 1994 and which covers implementing measures for acts adopted in accordance with
the procedure laid down in Article 189b of the EC Treaty, such as this proposed
 Directive.
 The Commission can also accept Amendment 2. This is a compromise amendment which
 requires compensation and/or refund arrangements to be provided as a general rule if the
 service quality levels specified in the contracts are not met.
  4. CONCLUSION
  In conclusion, the Commission is of the opinion that the 2 amendments proposed by the
  European Parliament to the Council common position are fully compatible with the goals
  of the proposed Directive.
  The modified proposal incorporates these 2 amendments.
 ---pagebreak---                                       Amended Proposal for a
 EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
               on the application of open network provision (ONP)
                                            to voice telephony
          (presented by the Commission pursuant to Article 189 a (2)
                                               of the EC-Treaty)
» • ' - . - '&',. SA-•••.'. '! - ..' .-*•*,
                                                                     .%!;
 ---pagebreak---      Common position of the Council                      Amendment
                               Recital 15a (new)
                                               (15a)   Whereas an agreement on a
                                                       "modus vivendi"    between
                                                       the European Parliament,
                                                       the   Council    and   the
                                                       Commission concerning the
                                                       implementing measures for
                                                       acts     adopted        in
                                                       accordance     with    the
                                                       procedure laid down in
                                                       Article 189b of the EC
                                                       Treaty was reached on 20
                                                       December 1994;
                                 Article 7(1)
1 . National regulatory authorities       1. National regulatory authorities
shall ensure that users have a           shall ensure that users. have a
contract which specifies the service     contract which specifies the service
to     be     provided       by     a     to     be     provided         by     a
telecommunications organization and       telecommunications      organization.
any    compensation   and/or   refund    National regulatory authorities shall
arrangements to be provided if the       as     a    general    rule      require
contracted service quality levels are     compensation       and/or       refund
not met.                                  arrangements to be provided if the
                                          contracted service quality levels are
                                          not met, and shall ensure that any
                                          exceptions to this rule are justified
                                          by     the     telecommunications
                                          organization s) concerned and made
                                          clear in the users' contract.
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 575 final
                                              DOCUMENTS
EN                                                                            15
                                     Catalogue number : CB-CO-95-613-EN-C
                                                              ISBN 92-77-96324-7
Office for Official Publications of the European Communities
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