94/439/EC: Commission Decision of 15 June 1994 on amendment of Annex II of Council Directive 92/44/EEC

COMMISSION DECISION of 15 June 1994 on amendment of Annex II of Council Directive 92/44/EEC (94/439/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/44/EEC of 5 June 1992 on the application of open network provision (ONP) to leased lines (1), and in particular Article 7 (3) thereof,
Whereas Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision (2) in its Annex III calls for the adoption of a directive on the  application of ONP to leased lines and sets up the ONP Committee to assist the Commission in the implementation of that directive;
Whereas Article 7 (3) of Directive 92/44/EEC provides for the modification of its Annex II in order to adapt it to new technical developments and to changes in market demand, taking into account the state of development of national networks;
Whereas the European Telecommunications Standards Institute (ETSI) has adopted European Telecommunications Standards (ETSs) for 2048 kbit/s unstructured and 64 kbit/s leased lines, developed on the basis of a standardization mandate issued by the  Commission;
Whereas a transition period up to 31 December 1996 is appropriate before provision by telecommunications organizations of leased lines according to these ETSs becomes mandatory on the basis of Article 7 (1) of Directive 92/44/EEC; whereas during that  period telecommunications organizations may provide leased lines in accordance with these ETSs as part of the minimum set instead of the corresponding CCITT recommendations included in Annex II of Directive 92/44/EEC;
Whereas there is no requirement for telecommunications organizations to withdraw any existing leased lines offerings either during or after this transition period; whereas in accordance with Article 7 (4) of Directive 92/44/EEC, the provision of other  leased lines beyond the minimum set of leased lines in Annex II to that Directive shall not impede the provision of this minimum set of leased lines;
Whereas, in accordance with Article 7 (3) of Directive 92/44/EEC, the Commission has submitted the draft Decision for an opinion of the ONP Committee, under the procedure provided for in Article 10 of Directive 90/387/EEC;
Whereas the amendment to Annex II of Directive 92/44/EEC adopted in this Decision is in accordance with the opinion of the ONP Committee delivered on 27 April 1994,