Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ECON | HERMAN Fernand H.J. (PPE) | |
Opinion | ENER | DE GAULLE Charles (EDN) | |
Opinion | JURI | ||
Opinion | TRAN |
Legal Basis EC before Amsterdam E 100
Activites
- 1997/10/29 Final act published in Official Journal
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1997/10/06
Final act signed
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1997/10/06
End of procedure in Parliament
- #2025
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1997/07/22
Council Meeting
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1997/07/16
Decision by Parliament, 3rd reading
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T4-0376/1997
summary
By adopting the report by Mr Fernand HERMAN (PPE, B), the European Parliament approved the joint text of the Conciliation Committee. Following the recommendation for second reading adopted by Parliament on 11 December 1996, the Conciliation Committee adopted the proposal without debate. As regards the competitive environment in the field of telecommunications, the Commission undertook to check that the detailed arrangements for the introduction of the universal service by the Member States did not entail any distortion of competition. The joint text also stipulated that consideration would be given to the establishment of a European regulatory authority and that portability of numbers would be genuinely implemented in order to eliminate any obstacle which might prevent users from choosing their supplier. �
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T4-0376/1997
summary
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1997/07/15
Debate in Parliament
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Debate in Parliament
summary
The rapporteur was keen to congratulate the Dutch Presidency which had succeeded in imposing a solution close to that advanced by Parliament, even if some Council members did not share this view. He also congratulated the Commission which had understood the relevance of the EP’s amendments. Mr Herman also mentioned a number of problems which remained unresolved. For example, he highlighted the need for the national regulatory authorities to be independent and the importance of avoiding competition distortions when extending the universal service. Finally, he regretted the Commission’s timidity about the need to have a European telecommunications authority and that the comitology problems had not been resolved in Amsterdam. Commissioner Bangemann stressed the need to ensure fair competition. As regards an independent European authority, the Commissioner insisted that any blockages were not due to the Commission.
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Debate in Parliament
summary
- 1997/07/03 Report tabled for plenary, 3rd reading
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1997/06/27
Joint text approved by Conciliation Committee co-chairs
- 3617/1997
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1997/05/28
Formal meeting of Conciliation Committee
- #1995
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1997/03/19
Council Meeting
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1996/12/11
Decision by Parliament, 2nd reading
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T4-0666/1996
summary
In adopting the recommendation for second reading by Mr Fernand HERMAN (PPE, B), Parliament approved the common position of the Council on the amendment of certain directives for the purpose of adapting telecommunications to future liberalization. The amendments adopted by Parliament are aimed, inter alia, at: - tightening up the definition of leased lines and ensuring number portability; - clarifying the rules governing the financing of universal service; the Commission is called upon to submit, before 31 January 1997, a draft Directive on the costing and financing of universal service; - examining the possibility of establishing a European Regulatory Authority. �
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T4-0666/1996
summary
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1996/12/10
Debate in Parliament
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Debate in Parliament
summary
The rapporteur, Mr Herman (EPP, B), explained why the Committee on Economic and Monetary Affairs had again presented a series of amendments from the first reading, some of which had been rejected by the Commission. He thought in particular that it was vital to tighten up the definition of leased lines and to ensure number portability; this would allow users to retain their telephone number when changing networks, which would in turn rule out the imposition of additional charges, something that would impede genuine competition. Mr Herman also stressed that it was important to have a fully independent national regulatory authority as well as clear rules for the financing of the universal service, adding that he wanted to see a specific directive in this area, or even a Commission regulation. Finally, he advocated the establishment of a European supranational authority that would be responsible for monitoring the judicial consistency of the national regulatory authorities. Commissioner Bangemann agreed with Parliament that the deregulation of this sector could not take place without a European regulatory framework. He therefore supported the introduction of common arrangements for the universal service and pointed out that codification at European level would be very appropriate, given the rapid development of the telecommunications service. He said that he could accept those amendments that related to the regulatory bodies and to the role that they would play. The Commissioner wanted to see the Netherlands Presidency make some real progress on this issue during the first half of 1997.
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Debate in Parliament
summary
- 1996/12/03 Vote in committee, 2nd reading
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1996/09/19
Committee referral announced in Parliament, 2nd reading
- #1946
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1996/09/17
Council Meeting
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1996/09/12
Council position published
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08941/1/1996
summary
The common position of the Council incorporates, in whole or in part, 5 of the 8 amendments accepted by the Commission in its modified proposal. Furthermore, the Council made the following changes to the Commission proposal: - Clarifications concerning universal service by: . inclusion of a reference to 'taking account of any future evolution', with regard to guaranteeing the provision of universal service; . addition of a reference to sharing of net cost of universal service obligations; . inclusion of a reference to the financing of universal service, in accordance with the Interconnection Directive; - alignment with other Directives: a number of definitions ('users', 'telecommunications services', 'universal service', 'essential requirements' and 'interconnection') were changed with a view to aligning them with the proposal for the Interconnection Directive and/or Licensing Directive. Moreover, the common position points out that this Directive is without prejudice to the provisions of the Treaty on public security, public policy and public morality; - tariff principles: the common position specifies that the requirements of costs orientation and transparency may be relaxed in competitive markets. The Council also specified that the requirement for the independence of the national regulatory authorities is without prejudice to the institutional autonomy and constitutional obligations of Member States. Finally, in relation to commitology, provision is made for a regulatory committee type IIIa. �
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08941/1/1996
summary
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1996/07/31
Modified legislative proposal published
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COM(1996)0418
summary
The amended Commission proposal incorporates, in full or in principle, 8 of the 17 amendments adopted by Parliament at first reading, and notably those which: - provide for consideration, before the year 2000, of the possibility of establishing a European telecommunications regulatory authority; - call for the need to re-examine, before the year 2000, the provisions of the two ONP Directives in the light of developments in the market; - are consistent with other directives, and notably with the common position adopted in relation to the proposal for a Directive on interconnection; - enable the national regulatory authorities to be in possession of all resources necessary to fulfil their mission in full autonomy; - address the need to restructure the ONP Committee (without this being a legal requirement); - improve the clarity of the text. The amended proposal did not incorporate the amendments concerning: - the amendment of definitions and concepts such as: universal service; essential requirements; interconnection; significant market power; - revision of the Directive; - commitology; - the applicability of the leased-lines Directive. �
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COM(1996)0418
summary
- #1941
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1996/06/27
Council Meeting
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1996/05/22
Decision by Parliament, 1st reading/single reading
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T4-0243/1996
summary
The European Parliament adopted the report by Mr Fernand HERMAN (PPE, B) on the proposal for a directive amending two existing directives for the purpose of adaptation to the competitive environment in the telecommunications sector. The amendments adopted by the European Parliament concern: - the scope of the directive: Parliament excluded radio broadcasting and television; - universal service: Parliament emphasized that "universal service" means a defined minimum service of specified quality which is accessible to all users everywhere, at an affordable price and with no limitation connected with specific national conditions. It called on the Commission to draw up a draft Directive on the costing and financing of universal service before 30 September 1996; - essential requirements: the European Parliament added the protection of the environment and town planning to the "essential requirements" on the basis of which a Member State may restrict access to public telecommunications networks or public telecommunications services; - data protection: Parliament added authentication, i.e. the possibility of knowing where the message received has come from; - regulatory authorities: Parliament confirmed the independence of national regulatory authorities, which must be in possession of all the necessary resources to fulfil their mission, and also called for the establishment of a European Regulatory Authority; - tariffs: tariffs must be non-discriminatory and guarantee equality of treatment, except for restrictions which are compatible with Community law. Also, any charge for access must take into account the principle of fair sharing in the net cost (not the global cost) of the resources used and the need for a reasonable level of return on investment; - finally, the European Parliament called for the Commission to be assisted by an advisory committee composed of the representatives of the national regulatory authorities and chaired by the representative of the Commission. This committee, called the "ONP Committee", would form part of the EUTC Committee in which it would be integrated in due course.�
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T4-0243/1996
summary
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1996/05/21
Debate in Parliament
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Debate in Parliament
summary
The rapporteur, Mr HERMAN (EPP, B), listed a number of points that he considered essential: - the need to have specific legislation for the universal service; - the distinction between operator interconnection and customers interconnection to the same networks; - the definition of the service’s position in the marketplace; - the fact that legislation specific to broadcasting activities was irreplaceable; - the authentification of the transmitted information as one of the main criteria for data protection. The rapporteur pointed out that the success of market deregulation in the telecommunications sector depended on having a truly independent regulatory authority. He also thought that it would be useful to combine the powers of the ONP Committee with those of the new EU Telecommunications Committee for controlling the issue of general permits and individual licences in the telecommunications sector. Commissioner BANGEMANN wanted to provide reassurance as to the consequences of opening up the telecommunications market and to this effect cited the encouraging examples of Sweden, Finland, the Netherlands and the United Kingdom; finally, he pointed out that when operators applied for a licence, to take Ireland as an example, they would have to undertake to provide the service to the whole territory, and not just in Dublin.
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Debate in Parliament
summary
- 1996/04/25 Vote in committee, 1st reading/single reading
- #1910
- 1996/03/21 Council Meeting
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1996/01/19
Committee referral announced in Parliament, 1st reading/single reading
- #1888
- 1995/11/27 Council Meeting
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1995/11/14
Legislative proposal published
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COM(1995)0543
summary
OBJECTIVE: the proposal for a European Parliament and Council directive amending Directive 90/387/EEC and Directive 92/44/EEC concerning the adaptation of the basic principles concerning open network provision (ONP) to a competitive environment and the specific directive on the application of ONP principles to leased lines. SUBSTANCE: the basic principles defined in the ONP framework directive must be adapted to establish a common approach to telecommunications services throughout the European Union and thus guarantee pan-European services, whilst taking account of the next liberalisation of all telecommunications services and infrastructures to be implemented by 1 January 1998 (with transitional periods for certain Member States). The main adaptations to the ONP measures in force relate to the following points: the organisations involved; tariff principles; the national regulatory authorities. In this respect, the proposal: - provides that market operators may opt voluntarily for harmonised conditions in a competitive environment, whilst recognising that it is essential to maintain and develop universal service and establish compulsory requirements in areas where market forces alone may not be sufficient to meet the objectives of European policy; - will make it possible to clearly separate the national regulatory authorities from activities associated with the ownership or control of telecommunications networks, equipment or services; - stipulates that specific ONP measures should apply to bodies providing public telecommunications networks or services so as to reflect the situation of a particular body in the relevant market. The organisations concerned will be determined in accordance with the specified goal, whilst guaranteeing respect for the principle of proportionality; - will ensure that the principle of cost orientation continues to be used as an objective basis for the readjustment of telecommunications tariffs, whilst recognising that the requirement for cost orientation may be less necessary in competitive markets. �
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COM(1995)0543
summary
Documents
- Legislative proposal published: COM(1995)0543
- Debate in Council: 1888
- Debate in Council: 1910
- Committee report tabled for plenary, 1st reading/single reading: A4-0144/1996
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T4-0243/1996
- Modified legislative proposal published: COM(1996)0418
- Council position published: 08941/1/1996
- Committee recommendation tabled for plenary, 2nd reading: A4-0402/1996
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T4-0666/1996
- Joint text approved by Conciliation Committee co-chairs: 3617/1997
- Report tabled for plenary, 3rd reading: A4-0240/1997
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 3rd reading: T4-0376/1997
- : Directive 1997/51
- : OJ L 295 29.10.1997, p. 0023
History
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