51997AP0147

A4-0147/97

Proposal for a European Parliament and Council Directive amending for the third time Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations (COM(96)0392 - C4-0466/96 - 96/0220(COD))

The proposal was approved with the following amendments:

(Amendment 20)

Recital 1a (new)

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(1a) Whereas the concepts of 'service' and 'provision of service' used in this Directive must be understood in the broad sense of the terms given to them by the case law of the Court of Justice in its interpretation of Articles 59 to 66 of the EC Treaty;

(Amendment 1)

Recital 3a (new)

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(3a) Whereas the concept of access ('taking-up¨) referred to in Article 1(5) should be given wide scope to avoid any possible exclusions with regard to new information society services;

(Amendment 2)

Recital 4a (new)

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(4a) Whereas there may be instances in which Member States deem it necessary to take measures in the interest of preserving cultural identity and diversity;

(Amendment 3 )

Recital 5a (new)

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(5a) Whereas the Commission has committed itself to submitting Green Papers followed by proposals for joint actions on the new services;

(Amendment 4)

Recital 6

>Original text>

(6) Whereas the current national rules and regulations applicable to existing services will have to be adapted to take account of the new information society services, either with a view to ensuring that the general interest is better safeguarded or, on the contrary, with a view to simplifying them where their application is disproportionate to the objectives they pursue;

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(6) Whereas the current national rules and regulations applicable to existing services will have to be adapted to take account of the new information society services currently under national jurisdiction, with a view to ensuring that the general interest is better safeguarded and to simplifying them where their application is disproportionate to the objectives they pursue;

(Amendment 5)

Recital 8a (new)

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(8a) Whereas the Commission should in future consider the possibility of extending the current information procedure on standards provided for in Directive 83/189/EEC to include the sector of information society services; whereas, moreover, consideration should be given to introducing a mechanism for information and administrative cooperation for the whole services sector;

(Recital 8a of the Commission proposal to become Recital 8b)

(Amendment 8)

Recital 15

>Original text>

(15) Whereas specific rules on the taking-up and pursuit of service activities which are capable of being carried on in the manner described above should thus be communicated even where they are included in a set of rules and regulations with a more general purpose; whereas, however, general rules which do not contain any specific provision concerning such services should not be notified;

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(15) Whereas specific rules on the taking-up and pursuit of service activities which are capable of being carried on in the manner described above should thus be communicated even where they are included in a set of rules and regulations with a more general purpose; whereas, however, general or sector-specific rules which do not contain any specific provision concerning such services should only be notified when they have particular consequences for such services;

(Amendment 9)

Recital 17a (new)

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(17a) Whereas the Commission has undertaken to submit a Green Paper on the development of the cultural aspects of the new services; whereas this initiative could, if applicable, be followed by a proposal for appropriate measures;

(Amendment 10)

Recital 17b (new)

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(17b) Whereas, therefore, this Directive is also without prejudice to the scope of cultural aspects of any future Community policy;

(Amendment 11)

Recital 19

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(19) Whereas, at all events, this Directive does not cover the drafts of national provisions aimed at implementing the content of Community Directives in force or awaiting adoption inasmuch as they already form the subject-matter of a specific examination; whereas it accordingly does not cover either national rules and regulations implementing the Council Directive 89/552/EEC as amended by Directive 96/.../EC or any future modification of that Directive or national rules and regulations implementing the future Directive on a common framework for general authorisations and individual licences for telecommunications services;

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(19) Whereas, at all events, this Directive does not cover the drafts of national provisions aimed at implementing the content of Community Directives in force or awaiting adoption inasmuch as they already form the subject-matter of a specific examination; whereas it accordingly does not cover either national rules and regulations implementing the Council Directive 89/552/EEC as amended by European Parliament and Council Directive 97/.../EC or any future modification of that Directive or national rules and regulations implementing European Parliament and Council Directive 97/.../EC on a common framework for general authorisations and individual licences for telecommunications services;

(Amendment 12)

Recital 21

>Original text>

(21) Whereas this Directive seeks to amend Directive 83/189/EEC, which for its part (with the exception of Article 3) is based on Articles 100a and 213 of the Treaty; whereas there should be a degree of consistency in the legal bases used for the same Directive;

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(21) Whereas this Directive seeks to amend Directive 83/189/EEC, and should therefore be based on Articles 100a and 213 of the Treaty;

(Amendment 14)

ARTICLE 1(2a) (new)

Article 6(7a) (new) (Directive 83/189/EEC)

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2a. The following new paragraph 7a is added to Article 6:

"7a. A consultation group shall be set up consisting of experts from industry and academia which shall be called upon to offer advice or guidance to the Standing Committee; its chairman shall be drawn from industry or academia.The Commission, in its report, and the committee, in its opinion, should take duly into account the social, societal and cultural aims envisaged for any draft rule on services.¨

(Amendment 15)

ARTICLE 1(3)

Article 8(1) sixth subparagraph (Directive 83/189/EEC)

>Original text>

With respect to the technical specifications or other requirements or rules on services referred to in the third indent of the second paragraph of point 11 of Article 1, the detailed comments or opinions of the Commission or the Member States may concern only the aspects which may hinder trade or the free movement of services and not the fiscal or financial aspect of the measure.

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With respect to the technical specifications or other requirements or rules on services referred to in the third indent of the second paragraph of point 11 of Article 1, the detailed comments or opinions of the Commission or the Member States may concern only the aspects which may hinder trade, the free movement of services or the freedom of establishment of a service operator and not the fiscal or financial aspect of the measure.

(Amendment 16)

ARTICLE 1 (3a) (new)

Article 8(2) (Directive 83/189/EEC)

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3a. Article 8(2) is replaced by the following:

"2. The Commission and the Member States may make comments to the Member State which has forwarded a draft technical rule; that Member State shall take such comments into account as far as possible in the subsequent preparation of the technical rule. The Member State must demonstrate justifiable reasons to prove that it is not possible to take such comments into account.¨

(Amendment 17)

ARTICLE 1(5)(b)

Article 10(1), sixth indent (Directive 83/189/EEC)

>Original text>

- restrict themselves to amending a technical regulation within the meaning of point 11 of Article 1 of this Directive, in accordance with a Commission request, with a view to removing an obstacle to trade or the free movement of services;

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- restrict themselves to amending a technical regulation within the meaning of point 11 of Article 1 of this Directive, in accordance with a Commission request, with a view to removing an obstacle to trade, the free movement of services or the freedom of establishment for service operators;

(Amendment 18)

ARTICLE 2a (new)

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Article 2a

The Commission shall at regular intervals investigate developments in the market for new services in the field of the information society, especially in the framework of the convergence between telecommunications, information technology and media. In particular, it shall investigate and, where necessary, take initiatives in order to adapt rules promptly in order to encourage the European develoment of new services.

(Amendment 19)

ARTICLE 2b (new)

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Article 2b

The Comission shall review the application of this Directive before 1 July 1999. The review will assess the application of this Directive as viewed by the Commission and Member States with respect to the definition of services referred to in Article 1(2). On the basis of this review, the Commission shall decide whether to submit to the European Parliament and Council proposals for a revision of this Directive.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive amending for the third time Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations (COM(96)0392 - C4-0466/96 - 96/0220(COD)).

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the European Parliament and to the Council, COM(96)0392 - 96/0220(COD) ((OJ C 307, 16.10.1996, p. 11.)),

- having regard to Article 189b(2) and Article 100a of the EC Treaty pursuant to which the Commission submitted the proposal to Parliament (C4-0466/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy and the opinions of the Committee on Culture, Youth, Education and the Media and the Committee on Legal Affairs and Citizens' Rights (A4-0147/97),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and request that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.