AMENDED PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ON A COMMON FRAMEWORK FOR GENERAL AUTHORISATIONS AND INDIVIDUAL LICENCES IN THE FIELD OF TELECOMMUNICATIONS SERVICES
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 03. 03. 1997 COM(97) 100 final 95/0282 (COD) OPINION QF 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 DIRECTIVE on a common framework for general authorisations and individual licences in the field of telecommunications services AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 189 a (2) of the EC Treaty 1. BACKGROUND On 14 November 1995 the Commission adopted a proposal for a European Parliament and Council Directive on a common framework for general authorisations and individual licences in the field of telecommunications services (COM (95) 545). The Economic and Social Committee gave a favourable Opinion on the Commission's proposal on 24 April 1996. The European Parliament gave its opinion in first reading on 22 May 1996, and proposed 37 amendments to this proposal. On 31 July 1996 the Commission adopted a modified proposal in conformity with Article 189A, paragraph 2 of the Treaty, incorporating most of the EP amendments (COM (96) 342). On 9 December 1996 the Council, acting in accordance with Article 189 B, paragraph 2 of the Treaty, adopted a common position on the proposed Directive. In second reading, the European Parliament adopted on 20 February 1997 six amendments to the common position. 2. PURPOSE OF THE COMMISSION PROPOSAL By 1 January 1998 full competition is to be introduced in most Member States in the provision of telecommunications services and network infrastructures. The proposed Directive will harmonise national conditions and procedures for general authorisations and individual licences for telecommunications services and is an important part of the new regulatory environment supporting telecommunications liberalisation. While more competition is to be introduced in the telecommunications sector, authorisations regimes remain necessary in order to ensure that certain public interest objectives are attained, including the provision of universal service. At the same time, national regulatory frameworks must be competition-friendly, and priority must be given to light authorisations schemes. In that context, the proposed Directive lays down a common framework for national authorisations regimes and provides for mechanisms aimed at facilitating the provision of cross-border networks and services. 3. Opinion of the Commission on the amendments of the euro pea n parliament The Commission can accept, without changes, the six amendments adopted by the Parliament in second reading. • Amendment 1 contributes to clarify Art. 10. 1 of the common position. • Amendments 2 and 5 indicate important concerns and principles, to be taken into account in the context of possible future Community initiatives when the Directive will be reviewed by 1 January 2000. Amendment 3 introduces two useful clarifications with regard to the scope of individual licences. Amendment 4 will, in the key area of new services, bring additional guarantees to undertakings applying for a licence. Amendment 6 adds a useful clarification to the Annex. 4. MODIFIED PROPOSAL On 9 December 1996 the Commission has adopted its opinion on the common position regarding the proposed Directive for a European Parliament and Council Directive on a common framework for general authorisations and individual licences in the field of telecommunications services, by which it accepted the revised text for the proposed Directive. Following the second reading of the draft Directive by the European Parliament, the Commission herewith modifies including all the amendments which were adopted by the European Parliament on 20 February 1997. its proposal for a Directive AMENDED PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ON A COMMON FRAMEWORK FOR GENERAL AUTHORISATIONS AND INDIVIDUAL LICENCES IN THE FIELD OF TELECOMMUNICATIONS SERVICES Recital 3 (following amendment 1) the Whereas a common framework should be established for general authorizations licences granted by and individual Member States field of in telecommunications services; whereas under Community law and in particular under Commission Directive 90/388/EEC of 28 June 1990 for in on competition the markets telecommunications services, market entry should be restricted on the basis only of objective, non-discriminatory, proportionate and transparent selection criteria relating to the availability of scarce resources or on the basis of the implementation by national regulatory authorities non discriminatory and transparent award procedures; Directive whereas 90/388/EEC also sets out principles regarding, inter alia, fees and rights of way; whereas these rules should be this supplemented and enlarged by Directive to determine this common framework; objective, of the Whereas a common framework should be established for general authorizations licences granted by and individual Member States field of in telecommunications services; whereas under Community law and in particular under Commission Directive 90/388/EEC of 28 June 1990 for in on competition the markets telecommunications services, market entry should be restricted on the basis only of objective, non-discriminatory, proportionate and transparent selection criteria relating to the availability of scarce resources or on the basis of the implementation by national regulatory authorities non discriminatory and transparent award procedures; Directive whereas 90/388/EEC also sets out principles regarding, inter alia, fees, numbers and rights of way; whereas these rules should be supplemented and enlarged by this Directive to determine this common framework; objective, of Recital 18a (new) (following amendment 2) Whereas a certain harmonization of the procedures is already foreseen in this directive; whereas further harmonization may be desirable in order to come to a more telecommunications market; whereas this possibility should be assessed to be report in elaborated by the Commission; integrated the Article 7 (following amendment 2) 1. Member States may issue individual 1. Member States may issue individual licences for the following purposes only: licences for the following purposes only: (a) to allow the licensee access to radio (a) to allow the licensee access to radio frequencies or numbers; frequencies or numbers; (b) to give the licensee particular rights with regard to access to public or private land; (b) to give the licensee particular rights with regard to access to public or private land; (c) to impose obligations and requirements on the licensee relating to the mandatory provision of available publicly telecommunications services and/or telecommunications public obligations including networks, under ONP legislation and/or which require to provide licensee universal service; the (c) to impose obligations and requirements on the licensee relating to the mandatory provision of available publicly telecommunications services and/or telecommunications public networks, obligations including which require the licensee to provide universal other service obligations under ONP legislation; and (d) to in impose specific obligations, accordance Community with competition rules, where the licensee has significant market power, as defined the Interconnection Directive in relation public to telecommunications networks and publicly available telecommunications services. in Article 4(3) of provision the of (d) to in impose specific obligations, accordance Community with competition rules, where the licensee has significant market power, as defined the Interconnection Directive in relation public to telecommunications networks and publicly available telecommunications services. in Article 4(3) of provision the of voice of the establishment Notwithstanding paragraph 1, the telephony provision and services, public provision telecommunications as well as other networks involving the use of radio frequencies may be subject to individual licences. networks of Notwithstanding paragraph 1, the provision of publicly available voice telephony services, the establishment public and telecommunications as well as other networks involving the use of radio frequencies may be subject to individual licences. of networks provision Article 19 (following amendment 4) the provision Without prejudice to sections II and III, where a telecommunications service is not yet covered by a general authorization and where such a service and/or network without cannot provided be of the provision Without prejudice to sections II and III, where a telecommunications service is not yet covered by a general authorization and where such a service and/or network without cannot provided be of reject application, authorization, Member States shall, not they have later than six weeks after adopt an received provisional conditions or the application and inform the undertaking concerned of the reasons therefor. As thereafter, Member soon as possible States shall adopt definitive conditions or consent the service concerned without authorization or provide reasons for any refusal to do so. the provision of to application, authorization, Member States shall, not they have later than six weeks after adopt an received the conditions provisional allowing start providing undertaking the to service or reject the application and inform the undertaking concerned of the reasons therefor. As soon as possible thereafter, Member States shall adopt definitive conditions or consent to the concerned provision of provide without reasons to do so. lav down an shall Member States appropriate procedure for appealing to an the regulatory authority against national or to refusals definitive of applications or refusals to consent to the service concerned provision of without authorization. the authorization provisional rejections adopt conditions, independent institution for any service refusal the or of Article 23 (following amendment 5) as structures Before 1 January 2000, the Commission shall prepare a report to be submitted to the European Parliament and Council. The report shall include an assessment, on the basis of the experience gained, of the need for further development of the regulatory regards authorizations, in particular in relation to the scope of individual licences, to trans-European harmonization and Any services the amendments necessary new content of and technological appropriate procedures, practical together with Article 7(2), shall also be considered in this report. developments the Annex networks. to adapt and to to f in to be on by new relation the basis of the need Before 1 January 2000, the Commission shall prepare a report to be submitted to the European Parliament and Council accompanied, where and legislative appropriate. proposals. The report shall include an the assessment, experience gained, of for further development of the regulatory structures as regards authorizations, in particular the harmonization of the procedures and the scope of individual licences, to other aspects of harmonization and to trans- European services and networks. The report shall also include proposals with a view the various in Community committees legislation. Any telecommunications the to adapt amendments necessary new content of technological and procedures, practical appropriate together with Article 7(2), shall also be to consolidating existing developments the Annex to to considered in this report. Annex (following amendment 6) This list of conditions shall be without prejudice to: This list of conditions shall be without prejudice to: any other conditions which are not telecommunications the to specific sector; measures taken by Member States in accordance with public interest requirements recognized by the Treaty, in particular Articles 36 and 56, public specifically morality, public security, including the investigation of criminal activities, and public policy. relation in to any other legal conditions which are not specific telecommunications sector; the to measures taken by Member States in accordance with public interest requirements recognized by the Treaty, in particular Articles 36 and 56, public specifically morality, public security, including the investigation of criminal activities, and public policy. relation in to ISSN 0254-1475 COM(97) 100 final DOCUMENTS EN 15 06 10 Catalogue number : CB-CO-97-084-EN-C ISBN 92-78-16605-7 Office for Official Publications of the European Communities L-2985 Luxembourg