CELEX: 51993PC0182
Language: en
Date: 1993-05-07
Title: Amended proposal for a COUNCIL DIRECTIVE on the application of open network provision (ONP) to voice telephony

COMMISSION OF THE EUBOPEAN COMMUNITIES
                                               C0M(93) 182 f i n a l - SYN 437
                                                Brussels,   7 May 1993
                         Amended proposal for a
                            COUNCIL DIRECTIVE
              on the application of open network provision (ONP)
                               to voice telephony
      (presented by the Commission pursuant to A r t i c l e 149(3)
                            of the EEC-Treaty)
 ---pagebreak---                                    EXPLANATORY MEMORANDUM
1.    This Communication concerns a modified proposal for a Council Directive on the
      application of open network provision (ONP) to voice telephony.
      The original proposal was submitted in accordance with the priorities laid down in
      Directive 90/387/EËC.
2.    The Commission submitted its proposal to the Council on 27 August 1992
   -:[OTM(92)247final-$YN4371/ -
      The Economie and Social Committee gave its favourable opinion on 25 Noveirfber
      1992. The European Parliament adopted à favourable Resolution on 10 March 1993,
      including thirty seven amendments to the proposal of the Commission.
      Of the thirty seven amendments, the Commission accepted sixteen in full:
      Amendments 1, 2,3, 11, 13,14,15,16,17,18,20,26,27,29,31,38. The Commission
      accepted amendments 4, 7,22,24 and 32 in principle and has provided alternative text
      for these. Three amendments were accepted in part:
         Amendment 12 (addition of text in Article 12(1))
          Amendment 28 (addition of text in Article 23(3)b)
          Amendment 34 (change of title and addition of text in Article 27( 1)).
      The reasons for rejecting parts of these amendments are given below.
3.    Thirteen of the amendments adopted by Parliament were rejected by the Commission.
      One group of amendments (5, 6, part 28, part 34, 35, 36) concerned additional
      consultation and reporting to Parliament and Council; the effect of these would have
      been to open too wide the scope of the consultation process, and could have led to
      vers' detailed technical reports being submitted to Parliament.
      A second group (10, 21, 23) addressed problems experienced by small and medium
       telecommunications organisations when interconnected to large telecommunications
       organisations ; the directive already makes provision for settling disputes of this
       nature a: a national level, in keeping with the principle of subsidiarity.
       Other amendments were unacceptable because they were incompatible with other
       related telecommunications directives or with the basic aims of the proposal (8,9, part
        12,19,25.30,33).
4.     In accordance with Article 149(3) of the Treaty, the Commission amends its initial
       proposal.
                                                                                               '2
 ---pagebreak--- MODIFICATION NÔ. i                (based on EP Amendment 4)
ORIGINAL COMMISSION PROPOSAL                                           MODIFIED PROPOSAL
                                             Recital 9
Whereas in conformity with the principle            Whereas in conformity with the principle
of separation of regulatory and operational         of separation of regulatory and operational
functions, national regulatory authorities          functions, national regulatory authorities
have been, created in Member States;                have been created in Member States;
whèireas in application of the principle of         whereas in application of the principle of
subsidiarity, the '•' national regulatory           subsidiarity,-, the national regulatory'
authority of each Member state should               authority of each Member state should
play     an     important     role    in    the     play       an         important    role  in    the
implementation        of    this     Directive,     implementation             of     this  Directive,
particularly in matters relating to the             particularly in matters relating to the
publication of targets and performance              publication of targets and performance
statistics, dates for the implementation of         statistics, dates for the implementation of
new        service     features,     adequate       new            service      features,   adequate
consultation with users/consumers and              consultation with users/consumers and
user/consumer organizations, the control            user/consumer organizations, the control
of numbering plans, the surveillance of            of numbering plans, the surveillance of
usage conditions, and the resolution of             usage conditions, the resolution of disputes
disputes;                                           as well as in ensuring that users are given
                                                    fair treatment throughout the Community:
                                                                                 ."IV                •"~*T".
                                                            > • • • . - •
 ---pagebreak---                                                                                  •^^•'&m
•;• ••    mtôi^
      ORIGINAL COMMISSION PROPOSAL                          MODIKMCD PROPOSAL
                                        Rec i t a 1 13
    13. Whereas the provision of other                13. whereas the provision of other
         voice telephony service features,                voice telephony service features,
         provided in response to market                   provided in response to market
         demand    in   addition   to   the               demand    in   addition   to the
         harmonized minicua set of voice                  harmonized minimum set of voice
         telephony     service     features               telephony     service     features
         described herein, should not                     described herein, should not
       . impede thé .provision of the .basic              impede, the provision of the basic
         voice, telephony, service features;              voice telephony, service features
                                                          and    should     not   lead    X,o
                                                        . unreasonable increases in the
                                                          prices for the latter: . *
 ---pagebreak--- ;
   MÛPfaï^^
   ORK'.INAL COMMISSION PROPOSAL                      M O D I ! I I D PROPOSAL
                                      Recital  56
  16. Whereas, in order to provide            16. Whereas, in order to provide
      efficient       and    effective            efficient           and     effective
       telecommunications services, and           telecommunications services, and
       to    offer   new   applications,          to    offer        new   applications,
       telecommunications       service           telecommunications             service
       providers and others may, in               providers and others may, in
       accordance with the principles of          accordance with the principles of
       Community law, require access to           Community law, require access to
       the public telephone network, at       . . the public • telephone network at.
     \ points % other than the network            points'..other tJnàn . the network
       termination-points offered tp the          termination .points offered to the.
       majority of telephone users;               majority of          telephone * users;
       whereas it is essential that in            whereas such reouests must be
       making full and efficient use of           reasonable ones in terms of
       the public telephone network via           economic and technical viability;
       such special network access, the           whereas        procedures     must  be
        integrity of the public network            introduced to provide a balance
        is maintained;                             between the riohts of users and
                                                   the     justified       concerns   of
                                                   telecommunications orqar.irations;
                                                   whereas it is essential that in
                                                   making full and efficient use of
                                                   the public telephone network via
                                                   such special network access, the
                                                    integrity of the public network
                                                    is maintained;
                                    •>".. v *               •;•:*>. :••
                                                                                       •V
                                                                                          *
 ---pagebreak--- MODIFICATION NO. 4                   (based on EP Amendment 3)'
                    i'  *  . ' •';
ORIGINAL COMMISSION PROPOSAL                                          MODIFIED PROPOSAL
                                                Recital 22
22.       Whereas         national      regulatory        22.         Whereas       national   regulator)'
authorities have a responsibility for                     authorities have a responsibility for
overseeing of tariffs; whereas tariffs                    overseeing of tariffs; whereas tariffs
structures should evolve in response to                   structures should evolve in response to
technological development and user                        technological development and user
demand; whereas the requirement for cost-                 demand; whereas the requirement for cost-
orientated        tariffs .        means      that;       orientated        tariffs       means      that
telecommunications organizations should                   telecommunications organizations should
implement" cost accounting systems by                     implement cost accounting systems by
which costs can be allocated to services in a             which costs can be allocated to services in a
transparent            manner;            whereas         transparent           manner;          whereas
notwithstanding further obligations which                 notwithstanding further obligations which
might be set out in particular to ensure                  might be set out in particular to ensure
transparency of financial transfers between               transparency of financial transfers between
activities within undertakings to which                   activities within undertakings to which
special or exclusive rights have been                     special or exclusive rights have been
granted by the Member States, a minimum                   granted by the Member States, a minimum
set of requirements should be established;                set of requirements should be established;
whereas such requirements can be fulfilled                whereas such requirements can be fulfilled
for example by the implementation of the                  for example by the implementation within
principle of fully distributed costing;                   a reasonable time limit of the principle of
                                                           fully distributed costing;
                                                   .,;••..*•
 ---pagebreak---                                                                                         ••.•••«'•'
MODIFICATION NOÏ 5              (based on ÈP Amendment 7)
ORIGINAL COMMISSION PROPOSAI.                               MODIFIED PROPOSAI.
                                           Article 2
- 'fixed public telephone network' means          - (definition unchanged)
the public telecommunications network
which provides switched telephony capacity
connections between network termination
points at fixed locations, and which is used,
interalia, for the provision . of voice
telephony service;/
                                                  The term "public telephone network" to be
                                                  changed to "fixed public telephone
                                                  network" in Articles 3-26, Annexes and
                                                  Recitals
          • • • • • . - . • •
 ---pagebreak---                                                                                          -1
 fylbDJ[g<^11p^Ç). 6       : (^seë'^i EP Ajnehdmé^al)
ORIGINAL COMMISSION PROPOSAI.                            MODiriKI) PROPOSAL
                                      A r t ici»-   3
Meir.ber States shall ensure that users           Member States shall ensure that the
have- the right to:                               respect ive      telecommunications
                                                  organizations separately or jointly
 (a) be supplied with a connection to             provide a public telephone network
      the public telephone network;               and a voice telephony service in
                                                  accordance with the provisions of
 (b) connect and use approved terminal            this Directive, in order Ço guarantee
      equipment situated on the user's            a harmonized offering throughout the
      premises,   in accordance with              Community.
     •national arid Community law;
                                                  In particular Member. States shall-
•(cVuae the oublie telephone network              ensure that; users can:
      for Voice telephony and other                (a) obtain on request a connection to
      applications,    including    those              the public telephone network;
      which   require    a    transparent          (b) connect and use approved terminal
      telephony circuit, to the full                   equipment situated on the user's
      extent allowed under Community                   premises, in accordance with
      law,                                             national and Community law.
  in accordance with the relevant                 Member States shall ensure that no
 targets for supply and crualitv of                restrictions are placed on the use
  service set out in Article 5.                    nade of th^ connection provided.
                                                   other than those referred to in
                                                   Article 2\.
 ---pagebreak---    MQpiF^TïOK^O,7 ; •• ;/tfeeà:àSjBb^^dmentI2) V
ORIGINAL COMMISSION PROPOSAI.                    MODIFIKD PROPOSAL
                                   Article <
                    Publication of an access to information
Changes in existing offerings shall              Changes in existing offerings and
be published as soon as possible and,            information on new offerings shall be
unless      the   national   regulatory          published as soon as possible and,
authority agrees otherwise, no later             unless    the    national     regulatory
than     two    months   before   their          authority agrees otherwise, no later
 implementat ion.                                 than   two   months    before     their
                                                  implementation.
 ?.. The information referred to in               2. The information referred to in
 priracraph *• shall be published in an           paragraph 1 shall be made pub1 iciv
 appropriate manner so as to provide              available and readily accessible bv
 easy access for users to that                    users.
 i rife-mat ion .
                                                                           4 •
 ---pagebreak---   Mt^ptfei<^^piNHpt,8 • /^sedjotiÊPAniei^toeiU 13)
  ORIGINAL COMMISSION PROPOSAL                        MODinr.l) PROPOSAI.
                                       Article  M M
   i. National regulatory authorities           1 . National regulatory authorities
   shall ensuro that targets are set and       shall ensure that targets are set and
   published for supply time and quality        published for supply tirce and quality
   of service indicators based on the           of service indicators based on the
   list set out in Annex II, and that           list set out in Annex II, and that
   the     performance      of     national     the     performance       of     national
   telecommunications organizations in          telecommunications organizations in
   relation     to    those    targets   is     relation     to     those    targets   is
   published periodically. Definitions,         published      annually.     Definitions,
   measurement methcfds, and targets            measurement methods, and . targets
    shall be' reviewed. Periodically by the      shall be reviewed at least every 3
    national .regulatory authority, taking      'years by the • .national. regxiïatbry
    into     account      Communi tyrwide.     • authority,- .-. taking    into . account
    convergence of quality of service            Community-wide convergence of quality
    criteria.                                    of service criteria.
0
 ---pagebreak--- MOpiF^CATipN NO. 9           ^baséd on EP Amendment 14).
ORIGINAL COMMISSION PROPOSAL                            MODIVlKlV PROPOSAL
                                          Article   6
 1. National regulatory authorities               1. National regulatory authorities
 shall ensure that existing service               shall ensure that existing service
 offerings continue for a reasonable              offerings continue for a reasonable
 period of tirr.e, and that termination           period of time, and that termination
 of an offer m o can be done only after           of an offering or a change that
 consultation        with    users      and       materially alters the use that can be
 organizations        representinc     user       made of it can be done only after
 and/qr consumer interests.                       consultation with affected users and
                                                  an appropriate public notice period
                                                  set • bv the • national- regulatory
                                                  authority.
 2, without prejudice, to othçr rights            2. Without prejudice to-other rights
 of appeal provided for by national               of appeal provided for by national
  laws. Member States shall ensure that           laws. Member States shall ensure that
 users and organizations representing             users and organizations representing
 user and/or consumer interests can               user and/or consumer interests can
 bring before the national regulatory             bring before the national regulatory
 authority cases where the users do               authority cases where the affected
 not agree with the termination date              users    do   not   agree with    the
  as      envisaged            by       the        termination date as envisaged by the
  co ieconunun icat ions organ izati rn .          telecommunications organization.
 ---pagebreak--- MODIFICATION NO. 10         (based on EP Amendment 15)
OrVioiNÀivèoMMissiON PROPOSAL                               MODIFIED PROPOSAL
                                       1.' 7(1)           CM
 l. National regulatory author 11i<?s           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.
the compensation arrangements it the            National regulatory authorities shall
contracted service quality levels are           require compensation and/or refund
not met.                                        arrangements to be provided if the
                                                contracted service quality levels are
                                                not met.
                                                Telecommunications • organizations
                                                shall respond to a" rebuest tor-
                                                connection" to the oublie telephone
                                                network without delay and shall give
                                                the user an estimated tarcet date for
                                                the provision of service.
 2. Standard contract conditions and             2. National regulatory authorities
 compensation     schemes      used    by       shall          be able          to reouire the
 telecommunications       organizations         alteration of the conditions o f
 shall be agreed by the national                contracts and of any coapensa tion
 regulatory     authority.         Users'        and/or          refund       schemes          used        by
 contracts   with    telecocur.un icat ions      telecommunications                  orcanizati ons.
 organizations shall contain a summary           U s e r s               c on t r                       i t h
 of the procedure for settlement of                eiecommunicat ions                 o r c a n i z a t ions
  iiroutes.                                       s h a l l c o n t a i n a sumir.ê    of t h e nv:thod
                                                  rz         initiating           srocrC.res              tor
                                                           lement of disputes
 ---pagebreak--- MODIFICATION NO. 11   (based on EP Amendment 16)
                                                v
ORIOINAT: COMMISSION PROPOSAL         V          "^;,SioiilFiEI>-WG|P6$ArL,'.
                              v i <-1 *"*• 7a (n«w)
                                           wh-;-re. in response to a particular
                                           recruest.        a     telecommunications  i
                                           orcanization            considers       it  j
                                           unreasonable to provide fc c u n n e ô ion j
                                           to the fixed public telephone network
                                           under     its published      tariffs   and
                                           suooly conditions, it must seek the
                                           acrgement of the national regulatory
                                           authority to varv those conditions in
                                           that c a s e .
 ---pagebreak--- MODIFICATION NO. \2 .. J{base^onppAm^dmeht;i7) : . ••'
 O R I G I N A L COMMISSION PROPOSAI.                                       MODII'IKD PROPOSAI,
                                                         Article 9(1)
   i      National regulatory authorities                        1. N a t i o n a l r e g u l a t o r y a u t h o r i t i e s
  s h a l l e n s u r e t h a t telecommunications               s h a l l ensure that telecoramunications
  ergani zat ions            respond         to    requests      o r g a n i z a t i o n s respond t o r e a s o n a b l e
   from           users,         including          service      requests               from       users,       including
  p r o v i d e r s , for access t o t h e public                s e r v i c e p r o v i d e r s , for a c c e s s t o t h e
   telephone              network           at      network      p u b l i c t e l e p h o n e network a t network
   t e r m i n a t i o n p o i n t s o t h e r than t h e        t e r m i n a t i o n p o i n t s o t h e r than t h e
  network t e r m i n a t i o n p o i n t s r e f e r r e d      network termination p o i n t s referred
   t o in Annex I.                                               to in Annex I .
   Such r e q u e s t s may be r e f e r r e d to the            Where in response to a. particular
  n a t i o n a l regu-latory ; a u t h o r i t y where          request                the       •' télécommunications
   t h e télécommunications o r g a n i z a t i o n              organization                       considers            "it
   c o n s i d e r s t h a t g r a n t i n g t h e access        unreasonable to provide the special
   r e o u e s t e d would a d v e r s e l y a f f e c t t h e   network access requested, it must
   normal             operation                the     ?ub_l i c  seek the agreement of the national
   telephone network, or would imoince                            regulatory authority to restrict or
   upon any special or exclusive rights                          deny that access. Where the affected
   cranted to the telecommunications                             users so reguest they nust be granted
   o roanization              in accordance               with    a hearing to argue their case before
   Community law                     Access shali be              the national regulatory authority,
    restricted or denied onlv on the                              and must, in all cases, be given a
    :: r ou ne c iven in Article 2'< .                            prompt and justified explanation as
                                                                  to why their reçue si has been
                                                                  refused.
 ---pagebreak--- MODIFICATION NO. 13                 (based on EP Amendment 18)
                                                                      - ' • * V-.
                                                                                  • ; V t.
tMCÀNkÙ'tôlAMissiÙR              PROPOSAL                        " MODIFIED PROPOSAL
                                             A r t i c l e *JU)
/. National regulatory author it ier»                      2. National regulatory authorities
shall ensure that telecommunications                       shall ensure that teieco~jnunications
organizations adhere to the principle                      organizations adhere to the principle
o( non-discr immat ion when they make                      ox non-discrimination when they make
use of the publIC telephone network                        use of the public telephone network
for providing services which are or                         for providing services which are or
may be provided also by other service                      may be provided also by ether service
providers.                                                 providers, includinc open interfaces
                                                           at all levels sufficient to ensure
                                                            that    the. • • .telecommunications
                                                           organization cannot exercise control
                                                           over such intçrfafces in à manner that
                                                            is • calculated • to           favour . "a
                                                            télécommunications services business
                                                            carried on bv it.
               • » • * • • * • ,  -     • -•
                                                                                                       iS.
 ---pagebreak--- M O P I p I Ç A T l Q N N a 1,4.,- (based pn ËP Arnendnient 20)     .. •.          :/.'••..:   ; : j
ORlCfNALCOMNilSSrÔN PROPOSAL'.'''•'                 ••'•'" Moi)!!'!!::!) PROPOSAI/    ' >'.
                                       Article lO(la) (new)
                                                    la. National regulatory authorities
                                                    shall ensure that telecommunications
                                                    organizations respect the principle
                                                    of non-discrimination in. using, the
                                                    bub lie' tel ebhone né'tvork to orov ide
                                                    services which- are or maV- also : be
                                                    provided by other service'providers
                                                    in the categories of common services.
                                                     inc l u d i n q     conditions         of
                                                     interconnection which do not favour
                                                     the provision of their own services.
 ---pagebreak---  MODIFICATION/NO. 15* \ jj»sccj ôri EF> Amendment 38)
 ORIGINAL COMMISSION PROPOSAI                                      MODIFir.D PROPOSAL
                                          Article       M(b^
b)   t a r i f f s for service features                  (b) t a r i f f s for service features
     a d d i t i o n a l to the provision of                 a d d i t i o n a l to the provision of
     connection            to    the    public               connection            to    the   public
     telephone network and provision                         telephone network and provision
     of        voice      telephone    service               of voice             telephone service
     shall,            in   accordance    with               shall,            in   accordance   with
     Community law, be- sufficiently                         Community, law, be sufficiently
     unbundled, .so that the user is.                        unbundled, so that -the user i s
   . not • required'*, to ". pay ' for                       not 'required ;to . pay              for;
     features ' vhich ' • are '             not              f e a t u r e s which'are not required
     reguested;                                              for the s e r v i c e demanded;
                                          •   • • • • «
 ---pagebreak--- - ^ ^ t f ^ î i ^ l t o ^ V : ;<teia5dSn EP Àmehdm«hV22)^
                                ••<•
 ORIGINAL COMMISSION PROPOSAI,                              MÔDIFtÊD PROPOSAL
                                         Article 12(1)
 l. Member State's shall, without prejudice       1. Member States shall without prejudice
 to further specific obligations to be            to further specific obligations to be
 established     in    pursuance     of   the     established     in  pursuance      of   the
 competition rules of the Treaty, ensure          competition rules of the Treaty, ensure
 that        their        telecommunications      that        their      telecommunications
 organizations formulate and put into             organizations formulate and put into
 practice a cost accounting system suitable       practice by 31 December 1994 at the.latest
 for the implementation of Article 11, and        a cost accounting system suitable fqr the
 which .as. such has been approyecl by the        implementation of Article 11, and which as
 national:     regulatory • authority .': for     such has been approved by the national
 application by the telecommunications            regulatory authority for application by the
 organizations.                                   telecommunications organizations.
 ---pagebreak--- 1%#IFK^I#TN^
ORIGINAL COMMISSION PROPOSAL                               MODIFIED PROPOSAL'
                                         Article 14
National regulator)' authorities shall           National regulator)' authorities shall
ensure that targets are set and published        ensure that targets are set and published
for the provision of itemized billing in         for the provision of itemized billing, taking
order to allow users to check their bills,       into account the state of network
taking into account the states of network        development and market demand.
development and market demand.
Itemized billing shall be available to users     Itemized billing shall bè;made available to
on request, subject to the level of detail      •users unless the user expressly requests not
permitted under relevant legislation on the      to have, such a facility. Subject to
protection of personal data and privacy,         paragraph 3 below, and to the level of
itemized bills shall be able to show the         detail permitted under relevant legislation
composition of the charges incurred.             on the protection of personal data and
                                                 privacy, itemized bills shall show the
                                                 composition of the charges incurred.
                                                 Calls to helplines which are free of charge
                                                 to the caller shall not be identified in
                                                  itemised bills.
 Within the framework, different levels of        Within this framework, different levels of
detail may be offered to users at                detail may be offered to users at
 reasonable tariffs.                              reasonable prices.
 ---pagebreak--- MODIFICATION J^IO. 1£     (based on EP Ameodment 26)
                                                   ;•'••• .•;. : •*•*'.. .«'••/..* I •'• Vv
ORIGINAL COMMISSION PROPOSAL                       ; MODIFIED PROfcOSAt•""•'• r-                      i•
                                    Article 21(6)
 G. Non-payment of bills                        Non-payr.ent of bills
 National regulatory authorities shall       National regulatory authorities sr.all
 authorize,    a    priori,   specified      authorize,               a      priori,        specified
 measures, which shall be published in       measures, which shall be published in
 the manner laid down in Article 4, .to      the manner .laid down.in Article 4, to
 cover . non-payment: of bi.iifc,. •' These  cover non-payaient of bills. Where the
 measures '.shall- • ensure . that, any      level"of development 6£; the jictvprK
 service interruption, is confined to        so permits, y these measures .shall
 the service concerned, and that due         ensure that any service interruption
 warning    is   given   to the user         is confined to the service concerned,
 beforehand.                                 and that due warning is given tc the
                                             user beforehand.
 ---pagebreak--- MODIFICATION NO. 19     (based on EP Amendment 27)
                                                                                •- J
 ORIGINAL COMMISSION PROPOSAL                    MÔDTFIlvlj PROPOSAL
                                 Article  22(2)
2. Member States shall ensure that       2. National regulatory authorities
standards or specifications for use      shall ensure that telecommunications
by telecommunications organizations      organizations inform users on request
are subject to the requirements of       of the standards or specifications.
Directive 83/189/EEC.                    including    any    European   and/or
      .••••..                            international standards which are
                                         implemented according to. national
                                         standards;- accordino rto whifch . the
                                         services and facilities in this
                                         Directive are provided.
 ---pagebreak--- :
  K ^ p b j ^ ^ y U ^ ^ . ^ . , •;• (basçd pn EPAméndrn^.28) ;.': ;, U»V-S-AmjJ j V r % !v••. ;,
    OiùdÏNAL CptàMtSSIONPRbPOSAL                                    MOPtFIED PRbpOSÀL
                                      Article 23, paragraphs 1, 2 and 3
    2.
    3. In particular, with regard to those               3. In particular, with regard to those
    features         requiring         Europe-wide       features       requiring         Europe-wide
    cooperation described in Article 8(2),               cooperation described in Article 8(2),
    where commercial agreements between                  where commercial agreements between
    telecommunications organizations cannot              telecommunications organizations cannot
    be reached, conditions of interconnection            be reached, conditions of interconnection
    and access may be determined in                      and access may be determined in
    accordance with the procedure set out in             accordance with the procedure set out in
    Article 29, in order to achieve the                  Article 29 in order to achieve the provision
    provision of harmonized features and                 of harmonized features and facilities to
    facilities to users.                                 users.
    The       procedure      initiated     by     the    The      procedure     initiated    by   the
    Commission shall take due account of the             Commission shall take due account of the
    state of network development and market              state of network development, the various
    demand in the Community.                             architectures and market demand in the
                                                         Community.
                                                                                                      a:
 ---pagebreak---                                                       :
, :.'"':... MpPlFli^TlpUNOt2l                 \         ^Qi^^^?;Aa^ômpnt^).:^
                                                                                                      • . . •• •_? • *'•
            ORIGINAL COiVfMLSSION PROPOSAI                                               M< m i l l Lt> PROPOSAL
                                                          A r t i c l e 24(4)
            4. National regulatory a u t h o r i t i e s                   4. National regulatory a u t h o r i t i e s
            s h a l l keep a v a i l a b l e and submit to                 s h a l l keep a v a i l a b l e and submit t o
            the Commission on request d e t a i l s of                     the Commission on request d e t a i l s of
            individual       ca.ses         including      the             i n d i v i d u a l c a s e s where access t o o r
            measures          taken           and       -their,            use of the p u b l i c Çeleohone network
            justification.''-                                     ," ; .   o r -voice térè&honv service .has been
                                                                         • r e s t r i c t e d o r denied, including ' the
                                                                           m e a s u r e s ;"• . taken'- . .and..-.* t h e i r
                                                • '•'                       •justification.
                                                                                                                               Kl
 ---pagebreak--- i-ïte'- MODIFICATION NO. 22 i »• ^basedon EP Amendment 31)
      oià'bWÀUCOM-MfS$lpNPROPOSAL. '                    MODIKILU PROPOSAL
                                       Article 25(1)
      1. Member States shall ensure that,       1. Member States shall ensuro that,
      in the event of an unresolved dispute     in the event of an unresolved dispute
     with      a    telecommunications          with      a    telecommunications
     organization,      users,    including    organization,      users,    including
     service providers, consumers, or           service providers, consumers, or
     other        telecommunications           other        telecommunications
     organizations shall have a right of        organizations and any party who can
     appeal to the national regulatory          show that he has an obvious interest
     authority or another       independent     in the matter shall have a right of
     body, and that easily., accessible,        appeal to the national regulatory
     procedures are created at•a national       authority or another independent
      level to settle disputes ih: a fair, -    body-, and that easily accessible and
      timely and«transparent manner..           inexpensive procedures are created; at
                                                a. national level to settle disputes
                                                in a fair, timely and transparent
                                                manner.
                                                                                       IM
 ---pagebreak--- MODIFICATION NO. 23            (based on EP Amendment 32)
ORIGINAL COMMISSION PROPOSAL                               MÔ0IFÏED PROPOSAL
                                      Article 25(4)(a)
(a) the Chairman of the ONP Committee           (a) the Chairman of the ONP Committee
shall convene as soon as possible a working     shall convene as soon as possible a working
group including at least two members of         group including at least two members of
the     ONP      Committee      and     one     the     ONP      Committee      and     one
representative of the national regulatory       representative of the national regulatory
authorities concerned, and the Chairman         authorities concerned, and the Chairman
of the+ ONP Committee or another                of the ONP Committee or another official
official of the Commission appointed by         of the Commission appointed by him. The.
him. The working group shall be chaired by      working group shall be chaired by the
the representative of the Commission, and        representative of the Commission, and
shall normally meet within 10 days. The          shall normally meet within 10 days of the
Chairman of the working group may                meeting date having been notified to
decide, upon proposal of any of the              members of the Working Group by the
members of the working group, to invite a        Chairman of the ONT Committee. The
maximum of two other persons as experts          Chairman of the working group may
to advise it;                                    decide, upon proposal of any of the
                                                 members of the working group, to invite a
                                                 maximum of two other persons as experts
                                                 to advise it;
                                                                                            K
 ---pagebreak--- MODIFICATION NO. 24            (based on EP Amendment 34)
ORIGINAL COMMISSION PROPOSAL                            MODIFIED PROPOSAL
                                          Article 27
 Technical adjustment                             Procedures for making technical and
                                                 other adjustments
 Modifications necessary t o adapt the            K. Modifications necessary to adapt
 technical          provisions    of     this     the technical provisions of              this
 Directive         to    new   technological      Directive        to      new    technological
 developments or to changes in market            developments or to changes in market
 demand         shall   be determined      in    demand     shall         be determined      in
 accordance with the procedure s e t out          accordance with the procedures s e t
 in A r t i c l e 29.                             out in A r t i c l e s 28 and 29 of
                                                  the present D i r e c t i v e .
                                                                                                3t
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM (93) 182 final
                                                      DOCUMENTS
EN                                                                               15
                                 Catalogue number : CB-CO-93-210-EN-C
                                                             ISBN 92-77-55304-9
Office for Official Publications of the European Communities
L-2985 Luxembourg
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