WRITTEN QUESTION No. 3532/98 by Konstantinos HATZIDAKIS to the Commission. Failure of Greece to comply with Community legislation on provision of satellite services
C 182/94 Official Journal of the European Communities EN 28. 6. 1999 (1999/C 182/125) WRITTEN QUESTION E-3532/98 by Konstantinos Hatzidakis (PPE) to the Commission (25 November 1998) Subject: Failure of Greece to comply with Community legislation on provision of satellite services The Commission has requested the Greek Government on numerous occasions to incorporate into national law Directive 90/388/EEC (1), as amended by Directive 94/46/EEC (2) on the abolition of all measures and provisions concerning the granting of special and exclusive rights to any body for the provision of satellite services. These directives require the Member States to have provided the relevant assurances by August 1995 at the latest. Until recently, however, Greece had not taken any measures to allow any enterprise or body other than the national telecommunications organisation, OTE, to provide the above services on its territory. Will the Commission, therefore, say whether it has asked or intends to ask the Greek Government for an explanation and whether and to what extent it intends to make use of Article 169 to bring the matter before the Court of Justice, should the Greek Government fail to comply in due time? (1) OJ L 192, 24. 7. 1990, p. 10. (2) OJ L 268, 19. 10. 1994, p. 15. Answer given by Mr Van Miert on behalf of the Commission (14 January 1999) The Commission is aware that Greece has failed to fulfil its obligation to fully transpose Article 2(2) subparagraph 1 of Directive 90/388/EEC, as amended by Directive 94/46/EC, as regards the provision of satellite services and satellite network services, or to apply effectively the relevant measures. Therefore the Commission sent a formal warning to the Greek authorities on 15 May 1998. The Greek authorities replied by letter dated 2 July 1998, informing the Commission of the adoption of ministerial decisions nos 61646/98, 61647/98, 62087/98. The decisions at issue deal with the tariffs for the use of radio frequencies, the licensing of satellite services and the granting of frequency approval. A later communication from the Greek authorities on 20 October 1998 stated that there are already three applications pending in the national telecommunications committee (EET). The latter committee is to consider the applications after the relevant regulatory framework is complete. It appears that a ministerial decision is still necessary to set out the conditions and proceedings for the provision of mobile satellite personal communications. Since no authorizations for the provision of satellite services in Greece have been granted so far under the notified measures, the Commission is currently considering whether to deliver a reasoned opinion under Article 169 of the EC Treaty. If a reasoned opinion is delivered, the Commission would request Greece to take the measures necessary to comply with the reasoned opinion. If Greece still fails to authorise the provision of satellite service, then the case could be brought before the Court of justice