Conclusion
27. We are grateful to the Minister and her officials
for having kept us so well informed during what have plainly been
difficult negotiations. However, we are disappointed that, in
the end, it proved impossible to have the debate that this important
piece of legislation warranted.
28. The prospect of cheaper mobile "roaming"
charges for all consumers that also ensures competition and prevents
adverse "spill-over" effects on domestic prices is greatly
to be welcomed. Only time will tell whether the compromise agreement
can deliver all this, but it should be given the opportunity to
demonstrate whether or not it can. If not, the "sunset"
provision will ensure that the issue is swiftly re-visited.
29. The problem area from our perspective remains
the legal base. The various arguments are set out fully in the
Report. Our position remains the same as hitherto, which position
the Government originally shared. Now, however, the Government
has changed its view. It is difficult to avoid the suspicion
that this has more to do with political calculation than being
convinced of the validity of the Commission's position —
witness the Minister's remarks during the evidence session, when
we were enjoined to think of the end rather than the means.
30. We have no quarrel with that end. However,
we remain concerned that, while Article 95 could be used to approximate
existing national legislation or to deal with a situation where
prospective national legislation was likely to diverge, it cannot
properly be used simply to approximate prices, and that the possible
consequences for the scope of the Community's regulatory powers
on the wider economy of allowing Article 95 to be used as a legal
base to regulate prices in the absence of any need for the approximation
of national laws in the area have not been fully thought through.
31. We nevertheless acknowledge that this is a
question of law which, ultimately, would be for the European Court
of Justice to determine, should the measure be challenged, for
example by one or more of the mobile phone operators. For our
part, having ventilated the issue fully and recognising that there
are respectable arguments against our view on the legal base,
we are content for the Minister to participate in the political
agreement that will be reached at the Council meeting, on the
understanding that the regulation endorsed by the Council is not
significantly different from the one enclosed with her letter,
which is produced as the Annex of this Report.
32. We now clear the draft Regulation on this
basis.
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