29. 10. 97 Official Journal of the European Communities L 295/23 DIRECTIVE 97/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 October 1997 amending Council Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications 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 (%), 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 28 May 1997, (1) Whereas Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunications services through the implemen- tation of open network provision (*) (ONP) concerns the harmonization of conditions for open and effi- cient access to and use of public telecommunications networks and, where applicable, services; whereas, in accordance with that Directive, the Council adopted Directive 92/44/EEC of 5 June 1992 on the applica- tion of open network provision to leased lines (%) (2) Whereas the Council resolution of 22 July 1993 on the review of the situation in the telecommunica- tions sector and the need for further development in that market (°), combined with the Council resolution of 22 December 1994 on the principles and time- table for the liberalization of telecommunications infrastructures (), call for the liberalization of tele- communications services and infrastructures by 1 January 1998 (with transitional periods for certain () OJ C 62, 1. 3. 1996, p. 3 and OJ C 291, 4. 10. 1996, p. 18. @) OJ C 204, 15. 7. 1996, p. 14. (*) Opinion of the European Parliament of 22 May 1996 (O] C 166, 10. 6. 1996, p. 87), Council common position of 12 Sep- tember 1996 (O] C 315, 24. 10. 1996, p. 41) and Decision of the European Parliament of 11 December 1996 (O] C 20, 20. 1. 1997, p. 55). Decision of the European Parliament of 16 July 1997. Council Decision of 22 July 1997. () OJ L 192, 24. 7. 1990, p. 1. () OJ L 165, 19. 6. 1992, p. 27. Directive as amended by Com- mission Decision 94/439/EC (O] L 181, 15. 7. 1994, p. 40). (% OJ C 213, 6. 8. 1993, p. 1. () OJ C 379, 31. 12. 1994, p. 4. Member States); whereas this is supported by the European Parliament resolution of 20 April 1993 on the Commission’s 1992 review of the situation in the telecommunications sector (), and the FEuropean Parliament resolution of 19 May 1995 on the Green Paper on the liberalization of telecommunications infrastructures and cable television networks (Part 1) C) (3) Whereas the Council resolution of 22 July 1993 considered as a major goal for the Community’s tele- communications policy the application throughout the Community and, where necessary, the adaptation, in the light of further liberalization, of open network provision principles in respect of the entities covered and of such issues as universal service, interconnec- tion and access charges as well as the consequent questions connected with licensing conditions; whereas the Council resolution of 18 September 1995 on the implementation of the future regulatory framework for telecommunications (%) called on the Commission, in accordance with the timetable set out in the Council resolutions of 22 July 1993 and 22 December 1994, to present to the European Par- liament and the Council before 1 January 1996 all legislative provisions intended to establish the Euro- pean regulatory framework for telecommunications accompanying the full liberalization of this sector, in particular concerning the adaptation of open network provision measures to the future competitive en- vironment; (4) Whereas the European Parliament resolution of 6 May 1994 on the Commission communication accompanied by the proposal for a Council resolu- tion on universal service principles in the telecom- munications sector (') emphasizes the central impor- tance of universal service principles; whereas the Council resolution of 7 February 1994 on universal service principles in the telecommunications sector ('Y) provides a basic definition of universal service and calls upon the Member States to establish and maintain an appropriate regulatory framework in order to ensure universal service throughout their territories; whereas, as was recognized by the Council in that resolution, the concept of universal service C 150, 31. 5. 1993, p. 39. C 151, 19. 6. 1995, p. 479. C 258, 3. 10. 1995, p. 1. C 205, 25. 7. 1994, p. 551. C 48, 16. 2. 1994, p. 1.