2. We consider that the following raises questions of political importance, but make no recommendation for its further consideration:
Department of Trade and Industry
(17659)
11679/96
COM(96)535 |
Re-examined draft Directive on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP). |
| Legal base: |
Article 100a; co-decision; qualified majority voting. |
Introduction
2.1 We cleared the earlier version of this draft Directive on 24 April 1996[5] before a Common Position was adopted on it on 17 June 1996. At second reading on 19 September the European Parliament proposed 31 amendments to the Common Position.
2.2 On 18 November the Commission presented its Opinion on these amendments, and put forward a re-examined draft which incorporated those which it could accept. These are the documents now before us. However, on the recommendation of a Council Working Group, the Council decided in late November, without discussion[6], that it could not accept the EP Second Reading amendments. The draft Directive was therefore automatically referred to a Conciliation Committee. We understand that this is expected to convene early in the New Year.
2.3 The documents were deposited on 28 November and the Explanatory Memorandum received by us on 12 December. This is, therefore, the first opportunity which we have had to consider them.
The documents
2.4 The Commission has accepted twelve of the European Parliament's amendments in full and a further nine in part or in principle. These include amendments which would:
-- require national regulatory authorities to work with their counterparts in other Member States and the Commission to facilitate negotiation of interconnection agreements, by setting out in advance certain conditions based on common guidelines defined by the Commission. The Commission says that the committee procedure proposed (Advisory) would ensure that the guidelines had the backing of Member States. They would not be mandatory;
-- facilitate number portability; and
-- envisage the possibility, when the Directive is reviewed, of establishing a European regulatory authority.
The Government's view
2.5 In his Explanatory Memorandum (dated 10 December) the Parliamentary Under-Secretary of State at the Department of Science and Technology (Mr Ian Taylor) reaffirms the Government's support for the proposal in principle, and for the Common Position reached in June. He does not comment in detail on the latest EP amendments but says that he does not believe that the majority will be helpful.
Conclusion
2.6 We understand that some of the amendments in the Commission's draft can probably be supported by the UK, but the Minister has not gone into detail as the draft is to go to Conciliation. We clear this document, but ask the Government to inform us of any substantial proposed change, in the usual way.
5. (17113)-; see HC 51-xvii (1995-96), paragraph 10. Back
6. As an 'A' point. Back
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