Select Committee on European Scrutiny Twenty-Seventh Report





COM(02) 77

Commission Opinion on the European Parliament's amendments to the Council's common position regarding the proposal for a draft Directive on universal service and users' rights relating to electronic communications networks and services, amending the proposal of the Commission pursuant to Article 250(2) of the EC Treaty.

Legal base:

Article 95 EC; co-decision; qualified majority voting



Trade and Industry

Basis of consideration:

Minister's letter of 29 April 2002

Previous Committee Report:

HC 152-xxiii (2001-02), paragraph 18 (10 April 2002)

Discussed in Council:

6-7 December 2001 Transport and Telecommunications Council

Committee's assessment:

Politically important

Committee's decision:

Cleared (decision reported on 10 April 2002), but evidence session with Minister arranged




  20.1  The Directive, known as the "Universal Service Directive" is part of the telecoms regulatory package, of which three others on which we report[31] also form part. It aims to revise, consolidate and update existing legislation on universal service and users' rights in relation to electronic communications networks, including measures for compensating service providers without distorting competition. We cleared the draft before Common Position on 18 July 2001[32].

  20.2  On 13 February we considered a letter[33] from the Minister for E-Commerce and Competitiveness (Mr Douglas Alexander) in which he informed us of the outcome of negotiations between the Council and the European Parliament on key elements of the telecoms regulatory package. He said that a Second Reading Agreement had been reached shortly before Christmas 2001. No texts were available but, when they had been finalised, Explanatory Memoranda would be submitted on them "as normal".

  20.3  In an Explanatory Memorandum dated 19 March, the Minister told us that the Directive was adopted on 14 February 2002. He summarised the amendments to the Common Position that were agreed as part of the final deal and said that the Government fully supported the Agreement. It believed that the final version represented a very good outcome for the UK. None of the amendments made to the Universal Service Directive created policy problems for the UK, indeed some were positively welcome. He made no reference to the fact that the "final deal" had not been submitted for scrutiny before adoption, but said that it was expected to come into force "imminently".

  20.4  The proposed Framework, Access and Authorisation Directives[34] also, according to the Minister, formed part of the same Second Reading Agreement. The comments we made on the Framework Directive applied equally to the Universal Service Directive which we consider here.

The Minister's letter

  20.5  We report on a letter dated 29 April from the Minister in paragraph 17.6 above of this Report.


  20.6  We cleared this proposal on 10 April 2002. The comments we make in our conclusion on the Framework Directive in this Report apply equally to this proposal.


31  (23262) 6297/02, (23263) 6298/02 and (23283) 6300/02; see paragraphs 17,18 and 19 of this Report. Back

32  (21566) 10963/01; see HC 152-i (18 July 2001), paragraph 45 (2001-02). Back

33  (23027) 14838/01; see HC 152-xix (2001-02), paragraph 8 (13 February 2002). Back

34   See footnote 31. Back

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