51997AP0346

A4-0346/97

Proposal for a European Parliament and Council Directive amending Directive 97/33/EC with regard to operator number portability and carrier pre-selection (COM(97)0480 - C4-0515/97 - 97/0250(COD))

The proposal was approved with the following amendment:

(Amendment 1)

ARTICLE 1(2a) (new)

Article 20(2) (Directive 97/33/EC)

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2a. Paragraph 2 of Article 20 shall be replaced by the following:

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"2. Deferment of the obligations under Article 12(5) and (7) may be requested where the Member State concerned can prove that they would impose an excessive burden on certain organizations or classes of organizations. The Member State shall inform the Commission of the reasons for requesting a deferment, the date by which the requirements can be met, and the measures envisaged in order to meet this deadline. The Commission shall consider the request taking into account the particular situation in that Member State and the need to ensure a coherent regulatory environment at a Community level, and shall inform the Member State whether it deems that the particular situation in that Member State justifies a deferment and, if so, until which date such deferment is justified.¨

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive amending Directive 97/33/EC with regard to operator number portability and carrier pre-selection (COM(97)0480 - C4-0515/97 - 97/0250(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(97)0480 - 97/0250(COD) ((OJ C 330, 1.11.1997, p. 19.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0515/97),

- 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 (A4-0346/97),

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

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 amendment in the common position that it adopts in accordance with Article 189b(2) 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 requests 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.