51996AP0276(01)

A4-0276/96

Decision on the common position adopted by the Council with a view to adopting a European Parliament and Council Directive on interconnection in telecommunications to ensure universal service and interoperability through open network provision (ONP) (C4-0329/96 - 95/0207(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0329/95 - 95/0207(COD),

- having regard to its opinion at first reading ((OJ C 65, 4.3.1996, p. 69.)) on the Commission proposal to Parliament and the Council, COM(95)0379 ((OJ C 313, 24.11.1995, p. 7.)),

- having regard to the amended Commission proposal, COM(96)0121 ((OJ C 178, 21.6.1996, p. 3.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0276/96),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital 8

>Original text>

(8) Whereas the Council Resolution of 7 February 1994 sets out conditions for financing a universal voice telephony service; whereas obligations for the provision of universal service contribute to the Community objective of economic and social cohesion and territorial equity; whereas there may be more than one organization in a Member State with universal service obligations; whereas the calculation of the net cost of universal service should take due account of costs and revenues, as well as economic externalities and the intangible benefits resulting from providing universal service but should not hinder the on-going process of tariff rebalancing; whereas costs of universal service obligations should be calculated on the basis of transparent procedures; whereas financial contributions related to the sharing of universal service obligations should be unbundled from charges for interconnection; whereas, when a universal service obligation represents an unfair burden on an organization, it is appropriate to allow Member States to establish mechanisms for sharing the net cost of universal provision of a fixed public telephone network and a fixed public telephone service with other organizations operating public telecommunications networks and/or publicly available voice telephony services; whereas this should respect the principles of Community law, in particular those of non-discrimination and proportionality and should be without prejudice to Article 100a(2) of the Treaty;

>Text following EP vote>

(8) Whereas obligations for the provision of universal service contribute to the Community objective of economic and social cohesion and territorial equity; whereas there may be more than one organization in a Member State providing universal service; whereas the aim should be to introduce new technologies like the integrated digital services network (ISDN) as soon as possible and on as broad a basis as possible; whereas at its current stage of development in the Member States ISDN is not accessible for all users and as such cannot yet be subject to universal service obligations; whereas the calculation of the net cost of universal service should take due account of costs and revenues, as well as economic externalities and the intangible benefits resulting from providing universal service but should not hinder the on-going process of tariff rebalancing; whereas costs of universal service obligations should be calculated on the basis of transparent procedures; whereas financial contributions related to the sharing of universal service obligations should be unbundled from charges for interconnection; whereas, when a universal service obligation represents an unfair burden on an organization, it is appropriate to allow Member States to establish a mechanism for sharing the net cost of universal provision of a fixed public telephone network or a fixed public telephone service with other organizations operating public telecommunications networks and/or publicly available voice telephony services; whereas this should respect the principles of Community law, in particular those of non-discrimination and proportionality and should be without prejudice to Article 100a(2) of the Treaty;

(Amendment 2)

Recital 11

>Original text>

(11) Whereas, when an organization enjoys significant market power, appropriate accounting separation between interconnection activities and other activities ensures transparency of internal cost transfers; whereas, where an organization with special or exclusive rights in a non-telecommunications field also provides telecommunications services, accounting separation or structural separation are appropriate means to discourage unfair cross-subsidies at least above a certain turnover in telecommunications activities;

>Text following EP vote>

(11) Whereas, when an organization enjoys significant market power, appropriate breakdown of all costs and revenues, and in some cases accounting separation between interconnection activities and other activities ensures transparency of internal cost transfers; whereas, where an organization with special or exclusive rights in a non-telecommunications field also provides telecommunications services, accounting separation or structural separation are appropriate means to discourage unfair cross-subsidies at least above a certain turnover in telecommunications activities;

(Amendment 3)

Recital 12

>Original text>

(12) Whereas national regulatory authorities have an important role in encouraging the development of a competitive market in the interests of Community users, and of securing adequate interconnection of networks and interoperability of services; whereas negotiation of interconnection agreements can be facilitated by national regulatory authorities setting down certain conditions in advance, and identifying other areas to be covered in interconnection agreements; whereas in the event of a dispute over interconnection between parties in the same Member State, an aggrieved party must be able to call on the national regulatory authority to resolve the dispute; whereas national regulatory authorities must be able to require organizations to interconnect their facilities, where it can be demonstrated that this is in the users' interests;

>Text following EP vote>

(12) Whereas national regulatory authorities have an important role in encouraging the development of a competitive market in the interests of Community users, and of securing adequate interconnection of networks and interoperability of services; whereas negotiation of interconnection agreements can be facilitated by national regulatory authorities setting down certain conditions in advance according to common guidelines defined by the Commission so as to facilitate the development of a seamless harmonized European home market, and identifying other areas to be covered in interconnection agreements; whereas in the event of a dispute over interconnection between parties in the same Member State, an aggrieved party must be able to call on the national regulatory authority to resolve the dispute; whereas national regulatory authorities must be able to require organizations to interconnect their facilities, where it can be demonstrated that this is in the users' interests; whereas each operator must be responsible for carrying calls and setting the tariffs for its subscribers up to the most appropriate interconnection point;

(Amendment 4)

Recital 15

>Original text>

(15) Whereas numbering is a key element for equal access; whereas national regulatory authorities should have the responsibility for administering and controlling national numbering plans, and those naming and addressing aspects of telecommunications services where coordination at a national level is required, so as to ensure effective competition; whereas in exercising this responsibility, national regulatory authorities must have regard to the principle of proportionality, particularly as to the effect of any measures on network operators, resellers and consumers; whereas number portability is an important facility for users, and should be implemented as soon as practicable; whereas numbering schemes should be developed in full consultation with all the parties involved and in harmony with a long-term Europe-wide numbering framework and international numbering schemes as being considered in the European Conference of Postal and Telecommunications Administrations (CEPT); whereas numbering requirements in Europe, the need for the provision of pan-European and new services and the globalization and synergy of the telecommunications market make the coordination of national positions in international organizations and fora desirable where numbering decisions are taken;

>Text following EP vote>

(15) Whereas numbering is a key element for equal access; whereas national regulatory authorities should have the responsibility for administering and controlling national numbering plans, and those naming and addressing aspects of telecommunications services where coordination at a national level is required, so as to ensure effective competition; whereas in exercising this responsibility, national regulatory authorities must have regard to the principle of proportionality, particularly as to the effect of any measures on network operators, resellers and consumers; whereas number portability is an important facility for users, and should be implemented as soon as practicable; whereas numbering schemes should be developed in full consultation with all the parties involved and in harmony with a long-term Europe-wide numbering framework and international numbering schemes as being considered in the European Conference of Postal and Telecommunications Administrations (CEPT); whereas numbering requirements in Europe, the need for the provision of pan-European and new services and the globalization and synergy of the telecommunications market require a coordinated position by the Member States and the Community in international organizations and fora where numbering decisions are taken;

(Amendment 5)

Recital 18

>Original text>

(18) Whereas in addition to the rights of recourse granted under national or Community law, there is a need for conciliation procedures for cross-border disputes which lie outside the competence of a single national regulatory authority; whereas these procedures, to be initiated by any of the national regulatory authorities concerned, should be responsive, inexpensive and transparent, and should involve all the parties concerned;

>Text following EP vote>

(18) Whereas in addition to the rights of recourse granted under national or Community law, there is a need for simple procedures to resolve cross-border disputes which lie outside the competence of a single national regulatory authority; whereas these procedures, to be initiated by any of the parties concerned, should be responsive, inexpensive and transparent, and should involve all the parties concerned;

(Amendment 6)

Recital 21

>Original text>

(21) Whereas an agreement on a Modus vivendi between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty1 was reached on 20 December 1994;

______________

1 OJ C 102, 4.4.1996, p. 1.

>Text following EP vote>

Deleted

(Amendment 7)

Recital 22

>Original text>

(22) Whereas the implementation of certain obligations must be linked to the date of liberalization of telecommunications services and infrastructure and, in particular in regard to the relevant Member States, take full account of the transition periods granted in the Council Resolution of 22 July 1993 on the review of the situation in the telecommunications sector and the need for further development in that market and the Council Resolution of 22 December 1994 on the principles and timetable for the liberalization of telecommunications infrastructures1, including the retention of special or exclusive rights in relation to direct interconnection between the mobile networks of those Member States and the fixed or mobile networks of other Member States; whereas deferment of the obligation to provide number portability may be granted where the Commission agrees that the obligation would impose an excessive burden on certain organizations;

______________

1 OJ C 379, 31.12.1994, p. 4.

>Text following EP vote>

(22) Whereas the implementation of certain obligations must be linked to the date of liberalization of telecommunications services and infrastructure and, in particular in regard to the relevant Member States, take full account of the transition periods granted by the Article 2(2) of Commission Directive 90/388/EEC as amended by Commission Directive 96/19/EC1, including the retention of special or exclusive rights in relation to direct interconnection between the mobile networks of those Member States and the fixed or mobile networks of other Member States; whereas deferment of the obligation to provide number portability may be granted where the Commission agrees that the obligation would impose an excessive burden on certain organizations;

______________

1 OJ L 74, 22.3.1996, p. 13.

(Amendment 8)

Recital 25

>Original text>

(25) Whereas the essential goal of interconnection of networks and interoperability of services throughout the Community cannot be sufficiently achieved at Member State level, and can therefore be better achieved at Community level by this Directive;

>Text following EP vote>

(25) Whereas the essential goal of interconnection of networks and interoperability of services throughout the Community cannot be sufficiently achieved at Member State level, and can therefore be better achieved at Community level by this Directive; whereas it is desirable, when this Directive is reviewed, to envisage the possibility of establishing a European regulatory authority to be responsible for those tasks carried out by the Commission or the national regulatory authority under this Directive, which would be more efficiently carried out by such a European regulatory authority, in particular monitoring satisfactory interconnection in a situation of limited competition, numbering, equal standards and spectrum allocation;

(Amendment 9)

Article 1, second paragraph a (new)

>Text following EP vote>

When effective competition is achieved in the market, the Treaty's competition rules will in principle be sufficient to monitor fair competition ex-post so that the need for this Directive will be reconsidered, with the exception of the provisions on universal service and the settlement of disputes.

(Amendment 10)

Article 2(1)(a)

>Original text>

(a) 'interconnection¨ means the physical and logical linking of telecommunications networks used by the same or a different organization in order to allow the users of one organization to communicate with users of the same or another organization, or to access services provided by another organization;

>Text following EP vote>

(a) 'interconnection¨ means the physical and logical linking of telecommunications networks and telecommunications services via an interconnection point and/or interface used by the same or a different organization in order to allow the users of one organization to communicate with users of the same or another organization, or to access services provided by another organization;

(Amendment 11)

Article 5(1)

>Original text>

1. Where a Member State determines, in accordance with the provisions of this Article, that universal service obligations represent a unfair burden on an organization, it may establish mechanisms for sharing the net cost of the universal service obligations with other organizations operating public telecommunications networks and/or publicly available voice telephony services. Member States shall take due account of the principles of transparency, non- discrimination and proportionality in setting the contributions to be made. Only public telecommunications networks and publicly available telecommunications services as set out in Part 1 of Annex I may be financed in this way.

>Text following EP vote>

1. Where a Member State determines, in accordance with the provisions of this Article, that universal service obligations represent a unfair burden on an organization, it shall establish a mechanism for sharing the net cost of the universal service obligations with other organizations operating public telecommunications networks and/or publicly available voice telephony services. Member States shall take due account of the principles of transparency, non- discrimination and proportionality in setting the contributions to be made. Only public telecommunications networks and publicly available telecommunications services as set out in Part 1 of Annex I may be financed in this way.

(Amendment 12)

Article 5(2)

>Original text>

2. Contributions to the cost of universal service obligations if any may be based on a mechanism specifically established for the purpose and administered by a body independent of the beneficiaries, and/or may take the form of a supplementary charge added to the interconnection charge.

>Text following EP vote>

2. Contributions to the cost of universal service obligations if any shall be based on a mechanism specifically established for the purpose and administered by a body independent of the beneficiaries.

(Amendment 13)

Article 5(5), first subparagraph

>Original text>

5. Where the mechanisms referred to in paragraph 4 are established, national regulatory authorities shall ensure that the principles for cost sharing, and details of the mechanism used, are open to the public in accordance with Article 14(2).

>Text following EP vote>

5. Where a mechanism for sharing the net cost of universal service obligations as referred to in paragraph 4 is established, national regulatory authorities shall ensure that the principles for cost sharing, and details of the mechanism used, are open to public inspection in accordance with Article 14(2).

(Amendment 14)

Article 5(6)

>Original text>

6. Until such time as the procedure described in paragraphs 3, 4 and 5 is implemented, any charges payable by an interconnected party which include or serve as a contribution to the cost of universal service obligations shall be notified, prior to their introduction, to the national regulatory authority. Where the national regulatory authority finds on its own initiative, or after a substantiated request by an interested party, that such charges are excessive, the organization concerned shall be required to reduce the relevant charges. Such reductions shall be applied retrospectively, from the date of introduction of the charges, but not before 1 January 1998.

>Text following EP vote>

6. Until such time as the procedure described in paragraphs 3, 4 and 5 is implemented, any charges payable by an interconnected party which include or serve as a contribution to the cost of universal service obligations shall be notified, prior to their introduction, to the national regulatory authority. Without prejudice to Article 17 of this Directive, where the national regulatory authority finds on its own initiative, or after a substantiated request by an interested party, that such charges are excessive, the organization concerned shall be required to reduce the relevant charges. Such reductions shall be applied retrospectively, from the date of introduction of the charges, but not before 1 January 1998.

(Amendment 15)

Article 5(6a) (new)

>Text following EP vote>

6a. The Commission shall, by 31 October 1996, draw up a proposal for a European Parliament and Council Directive on the costing and financing of universal service.

(Amendment 16)

Article 7(2)

>Original text>

2. Charges for interconnection shall follow the principles of transparency and cost orientation. The burden of proof that charges are derived from actual costs including a reasonable rate of return shall lie with the organization providing interconnection to its facilities. National regulatory authorities may request an organization to provide full justification for its interconnection charges, and where appropriate shall require charges to be adjusted. This paragraph shall also apply to organizations set out in Part 3 of Annex I which have significant market power.

>Text following EP vote>

2. Charges for interconnection shall follow the principles of transparency and cost orientation. The burden of proof that charges do not exceed the amounts that can be derived from actual costs including a reasonable rate of return, which would in particular correspond to a contribution to the net fixed costs of the local network when such a contribution is justified, shall lie with the organization providing interconnection to its facilities. National regulatory authorities may request an organization to provide full justification for its interconnection charges, and where appropriate shall require charges to be adjusted. This paragraph shall also apply to organizations set out in Part 3 of Annex I which have been notified by national regulatory authorities as having significant market power on the national market for interconnection.

(Amendment 17)

Article 7(5), first subparagraph

>Original text>

5. National regulatory authorities shall ensure that the cost accounting systems used by the organizations concerned are suitable for implementation of the requirements of this Article, and are documented to a sufficient level of detail, as indicated in Annex V.

>Text following EP vote>

5. The Commission shall, acting in accordance with the procedure laid down in Article 15, draw up guidelines on cost accounting systems and accounting transparency in relation to interconnection. National regulatory authorities shall ensure that the cost accounting systems used by the organizations concerned are suitable for implementation of the requirements of this Article, conform to the above-mentioned guidelines, and are documented to a sufficient level of detail, as indicated in Annex V.

(Amendment 18)

Article 7(6)

>Original text>

6. Where they exist, charges related to the sharing of the cost of universal service obligations, as described in Article 5, shall be unbundled and identified separately.

>Text following EP vote>

Deleted

(Amendment 19)

Article 8(1), first subparagraph

>Original text>

1. Member States shall require organizations providing public telecommunications networks and/or publicly available telecommunications services which have special or exclusive rights for the provision of services in other sectors in the same or another Member State to keep separate accounts for the telecommunications activities, to the extent that would be required if the telecommunications activities in question were carried out by legally independent companies, or to have structural separation for the telecommunications activities.

>Text following EP vote>

1. Member States shall require organizations providing public telecommunications networks and/or publicly available telecommunications services which have special or exclusive rights for the provision of services in other sectors in the same or another Member State to keep transparent, and if they deem it necessary, separate accounts for the telecommunications activities, to the extent that would be required if the telecommunications activities in question were carried out by legally independent companies, or to have structural separation for the telecommunications activities, so as to identify all elements of cost and revenue, with the basis of their calculation and the detailed attribution methods used, related to their telecommunications activities and among these to their interconnection activity, including an itemized breakdown of fixed asset and structural costs.

(Amendment 20)

Article 8(2), first subparagraph

>Original text>

2. Member States shall require organizations operating public telecommunications networks and/or publicly available telecommunications services as set out in Parts 1 and 2 of Annex I and notified by national regulatory authorities as organizations having significant market power which provide public telecommunications networks and/or telecommunications services available for users and which offer interconnection services to other organizations, to keep separate accounts for, on the one hand, their activities related to interconnection * covering both interconnection services provided internally and interconnection services provided to others * and, on the other hand, other activities.

>Text following EP vote>

2. Member States shall require organizations operating public telecommunications networks and/or publicly available telecommunications services as set out in Parts 1 and 2 of Annex I and notified by national regulatory authorities as organizations having significant market power which provide public telecommunications networks and/or telecommunications services available for users and which offer interconnection services to other organizations, to keep transparent, and if they deem it necessary, separate accounts for, on the one hand, their activities related to interconnection * covering both interconnection services provided internally and interconnection services provided to others * and, on the other hand, other activities, so as to identify all elements of cost and revenue, with the basis of their calculation and the detailed attribution methods used, related to their interconnection activity, including an itemized breakdown of fixed asset and structural costs.

(Amendment 21)

Article 9(1), indent 3a (new)

>Text following EP vote>

- the need to ensure the fair and proper development of a seamless harmonized European telecommunications home market, thus coordinate their policies, guidelines and actions with their counterparts in other Member States and with the Commission and provide them help and assistance when necessary,

(Amendment 22)

Article 11

>Original text>

Where an organization providing public telecommunications networks and/or publicly available telecommunications services has the right under national legislation to install facilities on, over or under public or private land, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities shall encourage the sharing of such facilities and/or property with other organizations providing telecommunications networks and publicly available services.

>Text following EP vote>

Where an organization is granted a general right under national legislation to install facilities for telecommunications purposes on, over or under public or private land, or may take advantage of a procedure for the expropriation or use of property for telecommunications purposes, national regulatory authorities shall encourage the sharing of such facilities and property with other organizations providing public telecommunications services, in particular where essential requirements deprive other organizations of access to viable alternatives.

>Original text>

Agreements for collocation or facility sharing shall normally be a matter for commercial and technical agreement between the parties concerned. The national regulatory authority may intervene to resolve disputes, as provided for in Article 9.

>Text following EP vote>

Agreements for collocation or facility sharing shall normally be a matter for commercial and technical agreement between the parties concerned. The national regulatory authority may intervene to resolve disputes, as provided for in Article 9.

>Original text>

In particular, Member States may impose facility and/or property sharing arrangements (including physical collocation) only after an appropriate period of public consultation during which all interested parties must be given an opportunity to express their views. Such arrangements may include rules for apportioning the costs of facility and/or property sharing.

>Text following EP vote>

Member States may impose facility sharing arrangements (including physical collocation) only after an appropriate period of public consultation during which all interested parties must be given an opportunity to express their views. Such arrangements may include rules for apportioning the costs of facility sharing.

(Amendment 23)

Article 12(2)

>Original text>

2. In order to ensure full interoperability of European-wide networks and services, Member States shall take all necessary steps to ensure the coordination of their national positions in international organizations and fora where numbering decisions are taken, taking into account possible future developments in numbering at a European level.

>Text following EP vote>

2. In order to ensure full interoperability of European-wide networks and services, Member States and the Community shall ensure the coordination of their positions in international organizations and fora where numbering decisions are taken, taking into account possible future developments in numbering at a European level.

(Amendment 24)

Article 12(3)

>Original text>

3. Member States shall ensure that national telecommunications numbering plans are controlled by the national regulatory authority, in order to guarantee independence from organizations providing telecommunications networks or public telecommunications services. In order to ensure effective competition, national regulatory authorities shall ensure that the procedures for allocating individual numbers and/or numbering ranges are transparent, equitable and timely and the allocation is carried out in an objective, transparent and non- discriminatory manner. National regulatory authorities may lay down conditions for the use of certain prefixes or certain short codes, in particular where these are used for services of general public interest (e.g. freephone services, kiosk billed services, directory services, emergency services), or to ensure equal access.

>Text following EP vote>

3. Member States shall ensure that national telecommunications numbering plans are controlled by the national regulatory authority, in order to guarantee independence from organizations providing public telecommunications networks or public telecommunications services and facilitate number portability. In order to ensure effective competition, national regulatory authorities shall ensure that the procedures for allocating individual numbers and/or numbering ranges are transparent, equitable and timely and the allocation is carried out in an objective, transparent and non-discriminatory manner. National regulatory authorities may lay down conditions for the use of certain prefixes or certain short codes, in particular where these are used for services of general public interest (e.g. freephone services, kiosk billed services, directory services, emergency services), or to ensure equal access.

(Amendment 25)

Article 12(5)

>Original text>

5. National regulatory authorities shall encourage the earliest possible introduction of the number portability facility whereby end-users who so request can retain their number(s) on the fixed public telephone network at a specific location independent of the organization providing service, and shall ensure that this facility is available at least in all major centres of population before 1 January 2003.

>Text following EP vote>

5. National regulatory authorities shall encourage the earliest possible introduction of the number portability facility whereby end-users who so request can retain against a reasonable fee approved by the national regulatory authority, their national number at a specific location independent of the organization providing service, and shall ensure that this facility is available at least in all major centres of population before 1 January 2003. If this facility is not yet in use, national regulatory authorities shall ensure that, once a user has changed supplier, a telephone call to his old number can be rerouted to the user against a reasonable fee approved by the national regulatory authority, or that during a reasonable period callers are given an indication of the new number, without charging the user or the callers for this service.

(Amendment 26)

Article 16

>Original text>

Regulatory Committee procedure

1. Notwithstanding the provisions of Article 15, the following procedure shall apply in respect of the matters covered by Article 19.

>Text following EP vote>

Deleted

>Original text>

2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

>Original text>

3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

>Original text>

4. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

>Original text>

If on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

(Amendment 27)

Article 17

>Original text>

Conciliation procedure for disputes

between

organizations operating under

authorizations provided by

different Member States

>Text following EP vote>

Dispute resolution at Community level

>Original text>

1. Without prejudice to:

(a) any action that the Commission or any Member State may take pursuant to the Treaty;

>Text following EP vote>

1. Without prejudice to:

(a) any action that the Commission or any Member State may take pursuant to the Treaty;

>Original text>

(b) the rights of the party invoking the procedure in paragraphs 2 and 3, of the organizations concerned or of any other party under applicable national law;

>Text following EP vote>

(b) the rights of the party invoking the procedure in paragraphs 2 and 3, of the organizations concerned or of any other party under applicable national law;

>Original text>

the procedure set out in paragraphs 2, 3 and 4 shall be available in the event of an interconnection dispute between organizations operating under authorizations granted by different Member States, where such dispute does not fall within the responsibility of a single national regulatory authority exercising its power in accordance with Article 9.

>Text following EP vote>

the procedure set out in paragraphs 2, 3 and 4 shall be available in the event of an interconnection dispute between organizations operating under authorizations granted by different Member States, where such dispute does not fall within the responsibility of a single national regulatory authority exercising its power in accordance with Article 9.

>Original text>

2. Any party may refer the dispute to the national regulatory authorities concerned. The national regulatory authorities shall coordinate their efforts in order to bring about a resolution of the dispute, in accordance with the principles set out in Article 9(1).

>Text following EP vote>

2. Any party may refer the dispute to the national regulatory authorities concerned. The national regulatory authorities shall coordinate their efforts in order to bring about a resolution of the dispute, in accordance with the principles set out in Article 9(1) and shall inform the Commission.

>Original text>

3. If the national regulatory authorities concerned do not agree between themselves on a solution within six months of referral, the procedure provided for in paragraph 4 may be invoked by one of them by way of a notification to the Commission, with copies to all the parties and national regulatory authorities concerned. The solution shall have binding effect only if all parties are agreed.

>Text following EP vote>

3. If the national regulatory authorities concerned do not agree between themselves on a solution within six months of referral, the procedure provided for in paragraph 4 may be invoked by any of the parties or national regulatory authorities concerned by way of a notification to the Commission, with copies to all the parties and national regulatory authorities concerned. The solution shall have binding effect.

>Original text>

4. Following a notification to the Commission based on paragraph 3, the Commission shall refer the matter to the chairman of the ONP Committee.

The chairman of the ONP Committee shall convene as soon as possible a working group including at least two members of the ONP Committee and one representative of each of the national regulatory authorities concerned and the chairman of the ONP Committee or another official of the Commission appointed by him. The working group shall normally meet within 10 days of the meeting being convened. The chairman may decide, upon proposal of any of the members of the working group, to invite a maximum of two other persons as experts to advise it.

>Text following EP vote>

4. Following a notification to the Commission based on paragraph 3, the Commission shall convene as soon as possible a working group including at least two members of the ONP Committee and one representative of each of the national regulatory authorities concerned and the chairman of the ONP Committee or another official of the Commission appointed by him. The working group shall normally meet within 10 days of the meeting being convened. The chairman may decide, upon proposal of any of the members of the working group, to invite a maximum of two other persons as experts to advise it.

>Original text>

The working group shall give the party invoking the procedure, the national regulatory authorities of the Member States and the organizations involved the opportunity to present their opinions in oral or written form.

>Text following EP vote>

The working group shall give the party invoking the procedure, the national regulatory authorities of the Member States and the organizations involved the opportunity to present their opinions in oral or written form.

>Original text>

The working group shall endeavour to reach agreement between the parties involved. The chairman shall inform the ONP Committee of the results of this procedure.

>Text following EP vote>

The working group shall endeavour to reach agreement between the parties involved or otherwise define its position within three months. This position shall form the basis of a solution to be implemented at a national level without delay. If an agreed position is not reached, or if an agreed position is not implemented within a reasonable time which shall not, except in justified cases, exceed two months, the appropriate solution shall be adopted by the Commission in accordance with the procedure laid down in Article 15. This solution shall not prejudice the possibilities which exist in national legislation for one party to claim in the relevant courts for the granting of damages if it appears that the behaviour of another party has led to financial losses due to distortion of competition. However, issues which have been settled at EU level cannot be questioned under these claims.

(Amendment 28)

Article 19

>Original text>

Modifications necessary to adapt Annexes IV, V and VII to the Directive to new technological developments or to changes in market and consumer demand shall be determined by the Commission in accordance with the procedure laid down in Article 16.

>Text following EP vote>

Modifications necessary to adapt Annexes IV, V and VII to the Directive to new technological developments or to changes in market and consumer demand shall be determined by the Commission in accordance with the procedure laid down in Article 15.

(Amendment 29)

Article 20(1)

>Original text>

1. Deferment of the obligations under Articles 3(1), 3(2), 4(1), 4(2), 9(1) and 9(3) insofar as those obligations concern direct interconnection between the mobile networks of that Member State and the fixed or mobile networks of other Member States, and under Article 5, shall be granted to those Member States identified in the Council Resolutions of 22 July 1993 and 22 December 1994 which benefit from an additional transition period for the liberalization of telecommunications services for as long as and to the extent that they avail themselves of such transition periods. Member States shall inform the Commission of their intention to make use of them.

>Text following EP vote>

1. Member States with less developed networks which are granted an additional period of up to five years in which to implement all or some of the obligations under Directive 96/19/EC may request a corresponding deferment of some or all the requirements of Articles 3(1) 3(2), 4(1), 4(2), 9(1)and 9(3) insofar as those requirements concern direct interconnection between the mobile networks of that Member State and the fixed or mobile networks of other Member States, and under Article 5, to the extent justified by any special or exclusive rights for telecommunications services and infrastructure allowed under Community law.

(Amendment 30)

Article 20(2)

>Original text>

2. Deferment of the obligations under Article 12(5) may be requested where the Member State concerned can prove that they would impose an excessive burden on certain organizations or classes of organization. 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.

>Text following EP vote>

2. Deferment of the obligations under Article 12(5) may be requested where the Member State concerned can prove that they would impose an excessive burden on certain organizations or classes of organization. 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 also the existing possibilities of otherwise meeting the requirements 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.

(Amendment 31)

Article 22(2)(b) and second subparagraph a (new)

>Original text>

(b) to confirm the timetable laid down in Article 12(5).

>Text following EP vote>

(b) to confirm or advance the timetable laid down in Article 12(5).

>Text following EP vote>

The Commission shall also investigate the possibility of setting up swiftly a European Regulatory Authority to carry out those tasks carried out by the Commission or the national regulatory authorities according to this Directive, which can better be undertaken at Community level, in particular monitoring satisfactory interconnection in a situation of limited competition, numbering, equal standards and spectrum allocation.