CELEX: 51995PC0417
Language: en
Date: 1995-09-14
Title: Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION on a series of guidelines for the development of ISDN as a trans-European network

COMMISSION OF THE EUROPEAN COMMUNITIES
                                         Brussels, 14.09.1995
                                        COM(95) 417 final - COD 495
            OPINION OF THE COMMISSION
   pursuant to Article 189 b (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 DECISION
 on a series of guidelines for the development of ISDN as a
                   trans-European network
 AMENDING THE PROPOSAL OF THE COMMISSION
      pursuant to Article 189 a (2) of the EC Treaty
 ---pagebreak---  ---pagebreak---  EXPLAN A TORY MEMORANDUM
  The proposed Decision of the European Parliament and the Council comes under the co-
 decision procedure (Article 189b of the EC Treaty).
 Article 189.52(d) requires 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 eight amendments proposed by the
European Parliament. In accordance with Article 189a (second paragraph) the
 Commission also presents a modified proposal incorporating the amendments which the
 Commission has accepted
 1.       BACKGROUND
          On 14 September 1993 the Commission presented to the European Parliament and
         to the Council two proposals for :
         - a decision on a series of guidelines1 for the development of ISDN2 as a trans-
            European network, and
         - a decision on the adoption of a multi-annual Community action concerning the
            development of ISDN as a trans-European network.
         They seek to develop ISDN as a trans-European network.
Remark:           the discussion on the second decision (Community action) has meanwhile
                  been suspended in the light of the somewhat overlapping proposal for a
                  Financial Regulation on TENs. Only the first decision (guidelines) was
                  subject to the second reading of the European Parliament.
                  The Economic and Social Committee gave a favourable opinion3 on this
                  proposal on 21 December 1993.
                  The Committee of the Regions gave a favourable opinion4 on this proposal
                  on 17/18 May 1994.
                  On 17 November 1994 the Commission presented a Modified Proposal5
                  incorporating those European Parliament amendments accepted by the
                  Commission.
                  On 21 December 1994 the Council, acting in accordance with Article 189b
                  of the Treaty adopted a Common Position6, on the proposed Decision.
                  The European Parliament voted on the second reading on 13 June 1995,
                  adopting a favourable resolution which included eight amendments7 to the
                  Common Position.
1
    OJ C 0259, 23.09.93, p. 6;
2
     Integrated Services Digital Network;
3
    CES 1313/93;
4
    CdR 42/94;
5
    OJC 353, 13.12.94, p. 5;                   1
 ---pagebreak---  2.      PURPOSE OF THE DECISION
         The proposal for a Decision on the development of ISDN as a transeuropean
        telecommunications network is an element of the Community's
        telecommunications policy, one major goal of which is to promote a
        telecommunications infrastructure based on interconnected networks integrating a
        number of interoperable services covering the whole of Europe.
        Since 1984, ISDN is a key object of this policy.
        Many efforts have already been undertaken by the public network operators and
        the Member States. However, not all aspects required for a successful
        Community-wide introduction of EURO-ISDN are yet in place. Additional efforts
        at the level of the Member States and at Community level to ensure network
        interconnectivity, the interoperability of a number of basic services throughout the
        Community, the stimulation of demand and the raising o the awareness of user,
        namely of SME's are necessary.
        A successful penetration of EURO-ISDN based services will contribute to:
       - the evolution towards the information society,
       - the improving of the competitiveness European industry and strengthening the
           internal market
       - the reinforcement of economic and social cohesion, and
       - the creation of employment.
3.       POSITION OF THE COMMISSION ON THE EP AMENDMENTS
        In considering the amendments proposed by the European Parliament on second
        reading, the Commission can accept those amendments which :
       i)    are consistent with the initial proposal and/or
       ii)   are consistent with the Commission's Position on the first reading of the
             European Parliament and/or
       iii) clarify the text in a useful way.
3.1    Amendments accepted by the Commission
       The European Parliament proposes eight amendments following intensive
        consultations with the involved parties. Since these amendments achieved a large
        majority and since they are consistent with the Commission's intentions expressed
        in its previous amended proposal, the Commission can accept all eight
        amendments. The rationale for this position is set out below in detail.
6
    C4-033/95 - 00/0495(COD);
7
    C34-33/95-A4-131/95);                              -^
 ---pagebreak--- 3.1.1  To Amendment N° It on Article 3. introduction and first indent
       The Commission can accept the reference to the universal service, for which ISDN
       is considered as part of the infrastructure. ISDN is evolved directly out of the
       existing telephone network, the current delivery platform for the universal service.
       The wording of this amendment does not imply that ISDN forms or should form
       part of the definition of universal service. Such a definition is both for future
       decision and for consideration in the light of advances in technology, market
       development and changes in user demand as set out in Council Resolution 94/C
       48/01 on universal service principles in the telecommunications sector.
       The second element of this amendment adds a reference to broad band networks.
       This is a useful clarification and acceptable by the Commission.
3.1.2  To Amendment N ° 2 t on Articles, third indent
       The first part of this amendment concerns the explicit mention of public and
       private sector applications and is fully in line with the Commission's initial
       intentions. The second part concerns the promotion of the availability of EURO-
       ISDN terminals and application software. A similar amendment was already
       accepted by the Commission on first reading.
3.1.3  To Amendment N°5)S on Article 5. third indent
       The Commission has no problem in following the European Parliament's proposal,
       to express a high desirability for the cooperation with certain third countries
       regarding this measure.
3.1.4  To Amendment N° 6) on Annex 1(3). introduction
       A similar amendment to the one presented here, viz stating that the list of services
       is "non-exhaustive" was already accepted by the Commission on first reading.
3.1.5  To Amendment N° 7) on Annex 11(1.3a) (new)
       The addition of a further project of common interest addressing the specific needs
      'of transborder regions is fully in line with the Commissions initial intentions and
       hence acceptable to the Commission.
3.1.6  To Amendment N° 8) on Annex 11(2)
       idem second part of 3.1.2
3.1.7  To Amendment N° 9) on Annex 11(3)
       idem first part of 3.1.2.
    Amendments N°s 3 and 4 have been withdrawn by therapporteurbefore the vote;
                                                 H-
 ---pagebreak--- 3.1.8 To Amendment N° 10) on Annex 11(4.1 > and (4.2)
      The Commission can agree to both elements of this amendment concerning a pilot
      experience with the EuroInfoCentres and the training of staff on ISDN terminal
      matters. Both elements are in line with the Commission's intention.
4.    CONCLUSION
      In accordance with Article 189b, paragraph 2 of the EC Treaty, the Commission
      hereby gives its Opinion on the amendments adopted by the European Parliament
      on second reading. The Commission accepts all eight amendments proposed by the
      Parliament as they are fully compatible with the goals of this Decision. The
      modified proposal (annex) incorporates these amendments. In accordance with
      Article 189a (second paragraph) the Commission hereby modifies its proposal.
                                          r
 ---pagebreak---                                   Amended proposal for a
               EUROPEAN PARLIAMENT AND COUNCIL DECISION
       on a series of guidelines for the development of ISDN as a trans-European
                                          network
(presented by the Commission in accordance with Article 189a, second paragraph, of the
                                        EC Treaty)
 ---pagebreak--- EXPLANA TORY MEMORANDUM
The proposed Decision of the European Parliament and the Council comes under the co-
decision procedure (Article 189b of the EC Treaty).
Article 189.b2(d) requires 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 eight amendments proposed by the
European Parliament. In accordance with Article 189a (second paragraph) the
Commission also presents a modified proposal incorporating the amendments which the
Commission has accepted
 ---pagebreak---               Common Position                                Amended Text
                                          Article 3
The objectives for the development of The objectives as regards the development
EURO-ISDN shall be as follows:                of the ISDN as a trans-European network
                                              and into a component of the infrastructure
                                              for the 'universal service' shall be as
                                              follows:
                                              - the development of services based on
- access to EURO-ISDN             facilities      the EURO-ISDN, with account taken
   including basic Services;                      of the future introduction of a
                                                  European       broadband       integrated
                                                  communications network:
                                          Article 5
   analysis and promotion of migration of         analysis and promotion of migration of
   application to EURO-ISDN;                      public and private sector applications to
                                                  EURO-ISDN;
                                                  promotion of the availability of EURO-
                                                  ISDN terminals and application
                                                  software
                                         Article 9
Participation by third countries which are    Participation by third countries which are
parties to the Agreement on the European      parties to the Agreement on the European
Economic Area or which have Association       Economic Area or which have Association
Agreements with the Community may in          Agreements with the Community is highly
individual cases be authorised bv the         desirable, subject to the procedure in
Council, under the procedure in Article       Article 228 of the Treaty, to enable them
228 of the Treaty, to enable them to assist   to assist in carrying out projects of
in carrying out projects of common            common interest and to promote the
interest     and     to    promote      the   interconnection and interoperability of
interconnection and interoperability of       their EÎJRQ-ISDN.
their ISDN.
                                              3. "Telematic services" in the context of
3. "Telematic services" in the context of         the present Decision are (non
   the present Decision are:                      exhaustive list)
                                              3.1 a Development         of    cross-border
                                                  applications
                                                  Objective: To meet the specific needs
                                                  of border regions with regard to the
                                                  public and private sector (particularly
                                                  small and medium-sized undertakings).
                                            *
 ---pagebreak--- 2. Promotion       of      the    end-to-end 2. Promotion       of     the      end-to-end
   interoperability of telematic services       interoperability of telematic services
                                                and the availability of EURO-ISDN
                                                terminals.
   Analysis and promotion of migration of 3. Analysis and promotion of migration of
   existing applications to EURO-ISDN           existing public and private sector
   and promotion of new applications.           applications to EURO-ISDN and
                                                promotion of new applications.
   4.1 Validation experiments with SMEs 4.1          Validation experiments with SMEs
   for telematic services                       for telematic services
Objective: To make users which could Objective: To make users which could
   potentially benefit from EURO-ISDN           potentially benefit from EURO-ISDN
   based telecommunications aware of the        based telecommunications aware of the
   advantages these systems could bring to      advantages these systems could bring
   the enhancement of their business            to the enhancement of their business
   processes and to contribute to the           processes and to contribute to the
   development of a critical mass of            development of a critical mass of
   EURO-ISDN terminals in order to              EURO-ISDN terminals in order to
   make them less expensive through             make them less expensive through
   widespread usage.                            widespread usage. Pilot projects in the
                                                Euro-Infocentres          and       similar
                                                establishments in the Member States
                                                (cost/benefit analysis followed by a
                                                feasibility study concerning the
                                                generalised usage of the ISDN bv the
                                                Euro-Infocentres).
   4.2 Promotion        of     a    common 4.2       Promotion       of     a     common
   application programming interface            application programming     interface
   Objective: To further the harmonisation Objective: To further the harmonisation
   of application programming interfaces        of application programming interfaces
   throughout the Community, thus               throughout the Community, thus
   enabling application software to be          enabling application software to be
   made independent of the underlying           made independent of the underlying
   hardware platform                            hardware platform
                                             4.2a    Training initiatives
                                                Objective: To train staff for the
                                                distribution and installation of EURO-
                                                ISDN terminals, particularly in small
                                                and medium-sized undertakings.
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 417 final
                                              DOCUMENTS
EN                                                                            07
                                     Catalogue number : CB-CO-95-459-EN-C
                                                              ISBN 92-77-93050-0
Office for Official Publications of the European Communities
L-2985 Luxembourg