AMENDED PROPOSAL FOR A DECISION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL on a series of guidelines for trans-European telecommunications networks
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 17. 09. 1996 COM(96) 444 final 95/0124 (COD) OPINION OF 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 DECISION on a series of guidelines for trans-European telecommunications networks AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 189 a (2) of the EC Treaty EXPLANATORY MEMORANDUM 1. Introduction 1. 1 1. 2 1. 3 1. 4 On 8 June 1995 the Commission sent the European Parliament and the Council a proposal for a European Parliament and Council Decision on a series of guidelines for trans-European telecommunications networks (COM(95) 224 Final). On 21 March 1996 the Council adopted a common position on the Commission's proposal, in accordance with the second indent of Article 189b(2) of the EC Treaty. On 17 July 1996 the European Parliament adopted its opinion on the Council's common position, in accordance with Article 189b(2)(d) of the EC Treaty. This text sets out the Commission's opinion on the 26 amendments adopted by Parliament, in accordance with Article 189b(2)(d) of the EC Treaty. The reasons underlying that opinion are given in paragraph 3 below. In addition, in Annex I, the left-hand column contains the text of the parts of the common position concerned by the amendments accepted by the Commission and the right-hand column the text of those parts altered in accordance with the amendments accepted. 2. Aim of the proposal The proposal aims at the adoption by the European Parliament and the Council, in accordance with the codecision procedure, of a series of guidelines (within the meaning of Article 129c of the Treaty on European Union) consisting of the objectives, priorities, main lines of measures and spheres of common-interest projects, for trans- European telecommunications networks. In the spheres of common-interest projects identified in Annex I to the Decision, it is planned that, on the basis of a work programme updated as necessary (probably every year), the Commission will publish calls for proposals designed to specify, on the basis of the specification criteria covered by Annex H, projects of specific common interest, with the assistance of a type Ilia committee). The proposal stresses the priority given to applications of common interest which, in the context of opening up competition in the sector, are those through which public intervention, notably by stimulating partnerships between the public and private sectors, can provide Community citizens, businesses and administrations with the set of tools they need to enter the Information Society. 3. Commission position on the amendments presented at a second reading by the European Parliament 3. 1 Amendments accepted The Commission accepts eight of the 26 amendments adopted by Parliament, namely Nos 1, 3, 5, 16, 20, 23, 25 and 27. Amendment 1 points out that the trans-European network projects are operational rather than experimental projects, and makes the necessary coordination applicable to all the projects concerned by decisions on trans-European networks, rather than referring only to IDA. Both changes are appropriate. Amendment 3 provides for coordination to ensure interoperability of trans-European networks and national networks of the same type. Amendment 5 is relevant in pointing out that the setting-up of the trans-European networks will also provide experience on the effects of these networks on social activity. Amendment 16 adds useful detail under the heading "distance education and training". Amendment 20 adds useful detail under the heading "cultural and linguistic heritage". Amendment 23 aptly points out the benefits of developing intelligent agents and tools for personalizing applications. Amendment 25 proposes a more precise text on coordination between Community and national programmes. Amendment 27 incorporates into the body of the Decision what amounts to a Commission statement defining the transnational nature of trans-European networks. 3. 2 Amendments acceptable in part The Commission can accept two amendments in part (one of which implies full acceptance of two other amendments), since they tighten up the provisions of the act These are amendments 9 and 15 (linked to 13 and 21). The end of amendment 9 underlines a Treaty obligation that is important for the implementation of the Decision. Amendment 15 is useful, after deletion of the excessively radical part concerning local languages, and the final part, linked to the problem of the decision-making mechanism. This amendment, in combination with amendments 13 and 21 (which deletes the heading "Citizens' access to services", is of a fairly horizontal nature and fits more logically into the introduction of the applications), organizes the introduction of the spheres relating to applications more rationally and clearly. Amendments 13 and 21 could therefore be accepted in full. These three amendments form a whole and should be treated together. The Commission has incorporated the parts of the text of amendments 9 and 15 that it can accept, together with amendments 13 and 21 in full, into the amended proposal set out in Annex I. 3. 3 Amendments which cannot be accepted This concerns the six amendments Nos 12, 17, 18, 19, 22 and 24, namely a group of amendments concerning the decision-making mechanism for specific projects. The reasons behind the Commission position on these amendments are as follows: Amendment 12 proposes a text which is too restrictive for a sector where private initiative is of prime importance: the text of the common position guarantees Member States' support for projects, which is more in line with their level of involvement in the projects and appears to be sufficient. Amendment 17 relates to a sphere which has had to be reworded to bring it into line with the TEN-transport guidelines as adopted. The reference to transport priorities, added by this amendment, is not justified, since the new wording covers only user- oriented services, not the traffic management services to which the added priorities could be applied. The Commission would have liked to retain the concept of amendment 18. in a form blending less restrictively elements covered by the Decision and others relating more to labour legislation. It could have been worded as follows: "Special attention should be paid to assessing and taking account of the social consequences of the applications. " However, since the procedure at second reading does not allow the original wording of Parliament's amendments to be amended, the Commission has to reject this amendment. Amendment 19 is not sufficiently focused and does not allow for an itemized approach adapted to the different aspects of teleadministration. Amendments 22 and 24 create a certain confusion regarding the respective roles of generic services and of applications. Amendments Nos 2. 6. 7. 8. beginning of 9. 10. 11. 14 and 26 concern the decision making mechanism for specific projects. The management mechanism presented in the original proposal and retained in the common position provides for the adoption by codecision of the objectives, priorities, spheres of common-interest projects and project specification criteria, i. e. all the key elements of the management of the programme. The only additional variable is the situation of the sector at the moment that, on the basis of these factors laid down by the Parliament and the Council, the Commission, assisted by the Committee, publishes the call for proposals with a view to assembling the market's offers of projects; none of the three institutions has any influence over that situation at that particular moment. The amendments concerned fundamentally change the common position on three points: They require the work programme on which the annual call for proposals is based, and the list of common-interest projects resulting from that call for proposals, to be adopted through codecision; since that procedure takes some 18 months, that provision alone would render the Decision impractical. They impose a priority order among the priorities set out in Article 3; this reduces excessively the flexibility required to adapt the action to the situation of the sector. Moreover, the use of the priorities of Article 3 in combination with the project specification criteria of Annex II already establishes a system with rigid constraints in which it is also difficult to take account of a priority order among the priorities. They change the nature of the committee when in fact the Commission prefers not to deviate from a well established practice for the management of identical decision-making mechanisms, notably as regards research programmes. The Commission was therefore unable to accept this group of amendments. Conclusion The Commission recommends that the Council approve the amended proposal set out la Annex I. AMENDED PROPOSAL FOR A DECISION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL on a series of guidelines for trans-European telecommunications networks COMMON POSITION AMENDED PROPOSAL (Amendment 1) Recital 17 Recital 17 Whereas effective coordination needs to be ensured between the development of the telecommunications trans-European networks, which must address real-world concerns, and the different Community programmes, in particular the specific the fourth framework programmes of technological research, programme for demonstration, and development of SMEs, programmes information-content- comprising oriented programme (such as INFO 2000, MEDIA 2) and other Information Society activities; whereas such coordination must also be ensured with the projects provided for by Council Decision 95/468/EC of 6 November a Community contribution for telematic interchange of data between administrations the Community (IDA) 1995 on favour in an in Whereas effective coordination needs to be ensured between the development of the telecommunications trans-European networks, which must address real-world concerns, without attempting to carry out purely experimental projects, and the in different Community programmes, particular the specific programmes of the fourth framework programme for research, and technological demonstration, programmes in favour of SMEs, comprising an information-content- oriented programme (such as INFO 2000 and MEDIA 2) and other Information Society such activities; whereas coordination must also be ensured with the projects provided for by their Decisions applying to trans-European networks: development COMMON POSITION AMENDED PROPOSAL Recital 22 (22) Whereas the Commission will have to undertake actions to ensure interoperability of the the networks and coordinate activities of the Member States aiming at trans-European of implementation telecommunications networks; Article 2, first indent - facilitating the transition towards the Information Society, to promote satisfaction of social and cultural needs and to improve the quality of life; in particular (Amendment 3) Recital 22 actions (22) Whereas the Commission will have to ensure undertake to interoperability of the networks and coordinate the activities of the Member implementation of States aiming at trans-European telecommunications networks and of comparable national projects: (Amendment 5) Article 2, first indent - facilitating the transition towards the information society as well as providing experience on the effects of the deployment of new networks and applications on social activities and to promote the satisfaction of social and cultural needs and to improve the quality of life; COMMON POSITION AMENDED PROPOSAL Article 7 1. A draft work programme shall be prepared by the Commission, in conformity with the other trans-European network policies, sector in consultation with operators, for selecting the areas in which specific projects of common interest can be proposed, within the spheres of projects of common interest set out in Annex I. The work programme shall be updated as necessary. 2. The work programme shall be the basis for the establishment of regular calls for proposals for projects of common interest by the Commission. Annex I, introduction, second paragraph, first and second indents The Applications layer, through which users interact with generic services and basic networks their professional, educational and social needs. Applications require to be interoperable to bring the maximum benefit to users across the Community. to meet The Generic Services layer, made up of compatible generic services and their management. Through support of the applications' common requirements, these services supplement applications whilst aiding their interoperability. (Amendment 9, accepted in part) Article 7 1. A draft work programme shall be prepared by the Commission, in conformity with the other trans-European network policies, sector in consultation with operators, for selecting the areas in which specific projects can be proposed, within the spheres of projects of common interest set out in Annex I. The work programme shall be updated as necessary. 2. The work programme shall be the basis for the establishment of regular calls for proposals for projects of common interest by the Commission. 3. The Commission shall ensure that projects relating to the territory of a the Member State are approved bv Member State concerned. (Amendment 13) Annex I, introduction, second paragraph, first and second indents The Applications layer, through which users interact with generic services and basic networks their professional, educational and social needs. to meet The Generic Services layer, made up of compatible generic services and their management. Through support of the applications' common requirements, and by providing common tools for development and implementation of new applications. these services supplement applications whilst aiding their interoperability. COMMON POSITION AMENDED PROPOSAL (Amendment 15, accepted in part) Annex 1(1), introduction Annex 1(1), introduction Applications will need to be interoperable with one another to bring the maximum benefit to the users across the Community. Where this can be applicable, they shall take into account the specific needs of women and of less developed or less populated regions. They must address the widest possible populations of users and demonstrate citizens' access to services of the benefit of collective disabled people, requirements should be taken into account in the early stage of the planning of projects and with regard to access to services. An assessment of the social and societal impact of the introduction of the applications shall be carried out after they are deployed. interest. For special The spheres in which applications projects of common interest will be identified are the following: The spheres in which applications projects of common interest will be identified are the following: Annex I (1), second indent Annex 1(1), second indent (Amendment Î6) schools, colleges Distance education and training: Advanced distance education and training services should be made accessible to all and individuals, businesses. Centres should be set up and made the remotely accessible across Community in order to provide courseware and training services for SMEs, large companies, education systems, and public administrations. New to professional training for the Information and Society promoted. be developed approaches should Distance education and training: Advanced distance education and training services should be made accessible for ail citizens, schools, colleges and businesses. Centres should be set up and made remotely accessible across Europe in order to provide courseware and training services for SMEs, large companies, education systems, and public administrations. New approaches academic, professional and language training should be developed and promoted as part of the transition towards the information society. general, to COMMON POSITION AMENDED PROPOSAL (Amendment 20) Annex 1(1), twelfth indent Annex 1(1), twelfth indent Cultural and linguistic heritage. Initiatives should be launched to foster the preservation of and access to the European cultural and artistic heritage, and to the demonstrate information infrastructure to support the development of local content in local languages and its dissemination. potential the of Cultural and linguistic heritage: Initiatives should be launched to foster the preservation of and access to the European cultural and artistic heritage, and to demonstrate the information infrastructure to stimulate and enhance and achievements as well as to encourage local content and its dissemination. endeavours potential creative the of Annex 1(1), thirteenth indent Annex 1(1), thirteenth indent (Amendment 21) to Citizens' services: access Applications demonstrating the possibilities of citizens' access to services of collective interest should be set up. Examples might include the establishment of kiosks and access points in public areas, and the use of smart cards and electronic wallets. For the benefit special of disabled people, requirements should be taken into account in the early stage of the planning of projects and with regard to access to services. delete 10 C O M M ON POSITION AMENDED PROPOSAL (Amendment 23) Annex 1(2), second indent Annex 1(2), second indent of extension Progressive the generic services towards a multimedia environment. These services will offer end-users access to multimedia services, and might cover, but should not be limited to, multi-media mail, high speed file including transfer and video services, these Video-on-Demand. multimedia services by business and residential users should be encouraged, as well as the integration of new service elements such as automatic translation, speech user interfaces. recognition, graphical Use of of extension Progressive the generic services towards a multimedia environment. These services will offer end-users access to multimedia services, and might cover, but should not be limited to, multimedia mail, high speed file transfer and video services, including Video-on- Demand. Use of these multimedia services by business and residential users should be encouraged, as well as the integration of new service elements such as machine translation, speech recognition, graphical user interfaces, intelligent agents and tools for user interaction and personalization. (Amendment 25) Annex 1(4), fifth indent Annex 1(4), fifth indent Coordination of the activities undertaken under this Decision with related Community and national programmes. Coordination between the activities undertaken under this Decision» related Community programmes and similar national programmes II COMMON POSITION AMENDED PROPOSAL (Amendment 27) Annex II, first paragraph Annex H, first paragraph The specification of projects of common interest among the projects presented by interested sector actors in response to a call for proposals as mentioned in Article 7 is made on the basis of their compliance with the objectives and priorities laid down in Articles 2 and 3 respectively. These projects must be transnational in the sense that they shall be conceived to satisfy needs in several Member States. This does not their prevent the deployment - designed the technical and commercial viability of the project - from being carried out in a single Member State, if it appears that the conditions prevailing in that Member State are representative of those in the other Member States where is ultimately to be implemented. initial phase of the project to check The specification of projects of common interest among the projects presented by interested sector actors in response to a call for proposals as mentioned in Article 7 is made on the basis of their compliance with the objectives and priorities laid down in Articles 2 and 3 respectively. 12 ISSN 0254-1475 COM(96) 444 final NTS 15 EN Catalogue number : CB-CO-96-452-EN-C ISBN 92-78-08771-8 Office for Official Publications of the European Communities L-2985 Luxembourg Ah