L 101/24 Official Journal of the European Communities 1.4.98 DIRECTIVE 98/10/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission ('), Having regard to the Opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189b of the Treaty (%), in the light of the joint text approved by the Conciliation Committee on 14 January 1 (1 (Z (3 998, (1) Whereas from 1 January 1998, with transition periods for certain Member States, the provision of telecommunications services and infrastructure in the Community will be liberalised; whereas the Council (*), the European Parliament(’), the Economic and Social Committee(®) and the ) O] C 371, 9.12.1996, p. 22 and O] C 248, 14.8.1997, p. 13. ) OJ C 133, 28.4.1997, p. 40. ) Opinion of the European Parliament of 20 February 1997 (OJ C 85, 17.3.1997, p. 126), Council Common Position of 9 June 1997 (O] C 234, 1.8.1997, p. 87) and Decision of the European Parliament of 17 September 1997 (O] C 304, 6.10.1997, p. 82). Decision of the European Parliament of 29 January 1998 and Decision of the Council of 12 February 1998. Council Resolution 94/C48 of 7 February 1994 on Universal Service principles in the telecommunications sector (O] C 48, 16.2.1994, p. 1) and Council Resolution 95/C258 of 18 September 1995 on the implementation of the future regulatory framework for telecommunications (O] C 258, 3.10.1995, p. 1). European Parliament Resolution of 19 May 1995 on the Green Paper on the liberalisation of telecommunications infrastructure and cable television networks — Part II A4-0111/95; (O] C 151, 19.6.1995, p. 27). Opinion of the Economic and Social Committee of 13 September 1995 on the Green Paper on the liberalisation of telecommunications infrastructure and cable television networks — Part II (O] C 301, 13.11.1995, p. 24). () O] L 192, 24.7.1990, p. 1. Committee of the Regions have all recognised that liberalisation goes hand in hand with parallel action to create a harmonised regulatory framework which secures the delivery of universal service; whereas the concept of universal service must evolve to keep pace with advances in technology, market developments and changes in user demand; whereas progress has been made in the Community towards defining the scope of universal service and laying down rules for its costing and financing (7); whereas the Commission has undertaken to publish a report on the monitoring of the scope, level, quality and affordability of the universal telephone service in the Community before 1 January 1998, and at regular intervals thereafter; (2) 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 (%), provides a general framework for the application of ONP principles in specific areas; (3) Whereas Article 32(1) of European Parliament and Council Directive 95/62/EC of 13 December 1995 on the application of open network provision (ONP) to voice telephony (°) calls for the European Parliament and the Council to decide by 1 January 1998, on the basis of a proposal submitted by the Commission, on the revision of the Directive to adapt it to the requirements of market liberalisation; whereas Directive 95/62/EC does not apply to mobile telephony services; whereas in view of the growing demand for mobile telephony services it is appropriate that certain provisions of this Directive should apply to mobile telephony services; whereas this Directive does not prevent Member States, in conformity with Community law, from extending the application of provisions of the Directive to mobile networks and/or services (7) Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP) (OJ L 199, 26.7.1997, p. 32). Directive as amended by Directive 97/51/EC (O] L 295, 29.10.1997, p. 23). () OJ L 321, 30.12.1995, p. 6.