51996AG0506(04)

COMMON POSITION (EC) No 20/96

adopted by the Council on 21 March 1996

with a view to adopting Decision No 96/. . ./EC of the European Parliament and of the Council on a series of guidelines for trans-European telecommunications networks

(96/C 134/04)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the first paragraph of Article 129d thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Having regard to the opinion of the Committee of the Regions (3),

Acting in accordance with the procedure laid down in Article 189b of the Treaty (4),

(1) Whereas the implementation and development of trans-European telecommunications networks aim at ensuring the circulation and exchange of information across the Community; whereas this outlay in equipment is a precondition to enable citizens and industry - especially SMEs - in the Union to derive full benefit from the potential of telecommunications so as to make possible the establishment of the information society, in which the development of applications, services and telecommunications networks will be of crucial importance with a view to ensuring the availability for each citizen, company or public authority, including in the less developed or peripheral regions, of any type or quantity of information they may need;

(2) Whereas, in its White Paper on growth, competitiveness and employment, the Commission stressed the importance of establishing the information society, which, by introducing new forms of economic, political and social relations, will help the Union to face the new challenges of the next century, including the challenge of employment creation; whereas this was recognized by the Brussels European Council of December 1993;

(3) Whereas the internal market establishes an area without borders, within which the free circulation of goods, persons, capital and services has to be ensured, and where Community measures already adopted or in the process of being adopted require significant exchange of information between individuals, economic operators and administrations; whereas the fact of possessing efficient means for exchanging information is of vital importance for improving the competitiveness of undertakings; whereas these exchanges of information can be assured by trans-European telecommunications networks; whereas the availability of trans-European networks will strengthen social and economic cohesion at the Community level;

(4) Whereas implementation and development of trans-European telecommunications networks must ensure that information is freely exchanged between individuals, economic operators and administrations, while respecting individuals' rights to privacy and intellectual and industrial property rights;

(5) Whereas, in June 1994, in their report on Europe and the global information society, which they prepared for the Corfu European Council of 24 and 25 June 1994, the members of a group of prominent representatives of industry recommended the implementation of trans-European telecommunications networks and the securing of their interconnectivity with all European networks; whereas the report identified mobile communications as a pillar of the information society whose potential should be strengthened; whereas the Corfu European Council gave its general approval to this recommendation;

(6) Whereas these recommendations were followed by the Commission in its communication to the European Parliament and the Council entitled 'Europe's way to the information society: an action plan`; whereas the conclusions of the Council meeting on 28 September 1994 on this action plan stressed the fact that the fast development of high-performance information infrastructures is essential for the Community on the basis of a global, coherent and balanced approach;

(7) Whereas Article 129c of the Treaty requires the Community to establish a series of guidelines covering the objectives, priorities and broad lines of measures envisaged in the sphere of trans-European networks; whereas these guidelines are to identify projects of common interest; whereas trans-European networks in the area of telecommunications infrastructure cover the three layers constituting these networks: applications, generic services and basic networks;

(8) Whereas the information society cannot develop without the availability of accessible applications, and especially applications of collective interest, answering optimally to user needs, taking into account, where appropriate, the needs of the elderly and disabled; whereas applications will thus form an important part of the projects of common interest;

(9) Whereas projects of common interest can, in many cases, already be implemented in the present telecommunications networks, especially the Euro-ISDN, and thereby offer trans-European applications; whereas guidelines have to be drawn up to identify these projects of common interest;

(10) Whereas there should be coordination between the implementation of the proposals chosen and similar initiatives adopted at national or regional level in the Union;

(11) Whereas in the selection and implementation of such projects account should be taken of all infrastructures offered by incumbent and new providers;

(12) Whereas on 9 November 1995 the European Parliament and the Council adopted Decision No 2717/95/EC on a set of guidelines for the development of the Euro-ISDN (integrated services digital network) as a trans-European network (1);

(13) Whereas the present networks, which include existing ISDN, are evolving towards becoming advanced networks offering a variable data flow rate up to broadband capabilities, adaptable to different needs, in particular to the provision of multimedia services and applications; whereas the implementation of integrated broadband communication networks (IBC networks) will be the outcome of this evolution; whereas IBC networks will constitute the optimal platform for applications of the information society;

(14) Whereas work on the RACE programme (specific research and technological development programme in the field of communication technologies (1990 to 1994)) laid down in Decision 91/352/EEC (2) has prepared the ground and provided the technology base for the introduction of IBC networks in Europe;

(15) Whereas the results of the Esprit programme (specific programme for research and technological development, including demonstration, in the field of information technologies (1994 to 1998)), laid down in Decision 94/802/EC (3), have prepared the ground and provide the technological base for the introduction of applications of information technologies;

(16) Whereas the results of the specific research and technological development programmes in the field of telematics systems of general interest (1991 to 1994) laid down by Decision 91/353/EEC (4) and of the specific programme for research and technological development, including demonstration, in the field of telematics applications of common interest (1994 to 1998) laid down by Decision 94/801/EEC (5) prepare the ground for the introduction of interoperable applications of common interest across Europe;

(17) Whereas effective coordination needs to be ensured between the development of the trans-European telecommunications networks, which must address real-world concerns, and the different Community programmes, in particular the specific programmes of the fourth framework programme for research, technological development and demonstration, programmes in favour of SMEs, comprising an information-content-oriented programme (such as INFO 2000, Media 2) and other information society activities; whereas such coordination must also be ensured with the projects provided for by Council Decision 95/468/EC of 6 November 1995 on a Community contribution for telematic interchange of data between administrations in the Community (IDA) (6);

(18) Whereas in its communication on preparatory actions in the field of trans-European networks integrated broadband communications (TEN-IBC) (1), the Commission recognized the need to carry out preparatory actions with the sector actors to draw up appropriate guidelines; whereas the result of these actions forms the basis for the guidelines related to IBC networks in this Decision;

(19) Whereas the telecommunications sector is being progressively liberalized; whereas the development of trans-European applications, generic services and base networks will increasingly rely on private initiative; whereas these trans-European developments must respond on a European scale to market needs or to actual and sizeable needs of society which are not covered by market forces alone; whereas, taking this into account, the interested sector actors will be requested to propose, through the application of appropriate procedures giving everyone equal chances, specific projects of common interest in chosen domains; whereas these procedures have to be defined and a list of the chosen domains has to be adopted; whereas a committee will assist the Commission for the specification of the projects of common interest;

(20) Whereas a modus vivendi between the European Parliament, the Council and the Commission concerning the implementation measures for Acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty was concluded on 20 December 1994;

(21) Whereas projects of common interest which relate to the territory of a Member State require the approval of the Member State concerned;

(22) Whereas the Commission will have to undertake actions to ensure interoperability of the networks and coordinate the activities of the Member States aiming at implementation of trans-European telecommunications networks;

(23) Whereas it is important, for the optimum development of the information society, to ensure an efficient exchange of information between the Community and third countries, in particular the States parties to the Agreement on the European Economic Area; whereas it is thus necessary to promote interconnection and interoperability at the European scale;

(24) Whereas, however, activities undertaken in the context of these guidelines are subject to the full application of the competition rules set out in the EC Treaty and implementing legislation,

HAVE ADOPTED THIS DECISION:

Article 1

This Decision establishes guidelines covering the objectives, priorities and broad lines of measures envisaged in the sphere of trans-European networks in the area of telecommunications infrastructure. These guidelines identify projects of common interest by defining the domains selected for those projects and by laying down the procedure and criteria for their specification.

Article 2

The Community shall support the interconnection of the networks in the sphere of telecommunications infrastructure, the establishment and development of interoperable services and applications as well as access to them, with the general objectives of:

- facilitating the transition towards the information society, in particular to promote satisfaction of social and cultural needs and to improve the quality of life,

- improving the competitiveness of Community industry, in particular SMEs and strengthening the international market,

- strengthening economic and social cohesion, taking account in particular of the need to link island, landlocked and peripheral regions to the central regions of the Community,

- accelerating the development of new growth-area activities leading to job creation.

Article 3

The priorities for the realization of the objectives mentioned in Article 2 shall be:

- study and validation of feasibility, followed by the deployment of applications supporting the development of a European information society, in particular applications of collective interest,

- study and validation of feasibility, followed by the deployment of applications contributing to economic and social cohesion, by improving access to information throughout the Community and also building on European cultural diversity,

- stimulation of initiatives associating in particular less-favoured regions for the launch of trans-European telecom services and applications,

- study and validation of feasibility, followed by the deployment of applications and services contributing to the strengthening of the international market and job creation, in particular those offering SMEs means to improve their competitiveness in the Community and at world level,

- identification, study and validation of feasibility, followed by the deployment of trans-European generic services providing seamless access to all kinds of information, including in rural and peripheral areas, and interoperable with equivalent services at world level,

- study and validation of the feasibility of new integrated broadband communication (IBC) networks, where required for such applications and services, and the promotion of the interconnectivity of such networks,

- idenfication and removal of gaps and missing links for effective interconnection and interoperability of all the components of telecommunications networks in the Community and at world level, with particular emphasis on IBC networks.

Article 4

The broad lines of measures to be implemented for achieving the objectives defined in Article 2 shall cover:

- specification of projects of common interest,

- actions aiming at increasing the awareness of individuals, economic operators and administrations of the benefits they can derive from the new advanced trans-European telecommunications services and applications,

- actions aiming at the stimulation of combined initiatives by users and providers to launch projects in the sphere of trans-European telecommunications networks, in particular IBC networks,

- support, within the framework of the means laid down in the EC Treaty, for actions to support and validate the feasibility, followed by the deployment of applications, in particular applications of collective interest, and encouragement of the establishment of public/private collaboration, in particular through partnerships,

- stimulation of the offer and the use of services and applications for SMEs and professional users, which constitute a source of employment and growth,

- promotion of the interconnectivity of networks, of the interoperability of broadband services and applications and of the infrastructure they require, in particular for multimedia, and the interoperability between existing and broadband services and applications.

Article 5

The development of trans-European networks in the sphere of telecommunications infrastructure shall be undertaken pursuant to this Decision through the implementation of projects of common interest. The spheres within which projects of common interest shall be specified are listed in Annex I.

Article 6

In accordance with Articles 7, 8 and 9 projects of common interest in the spheres indicated in Annex I shall be specified, using the identification criteria listed in Annex II. The projects identified are eligible for Community support in compliance with Council Regulation (EC) No 2236/95 of 18 September 1995, laying down general rules for the granting of Community financial aid in the field of trans-European networks (1).

Article 7

1. A draft work programme shall be prepared by the Commission, in conformity with the other trans-European network policies, in consultation with sector operators, for selecting the areas in which specific projects of common interest can be proposed, within the spheres of projects of common interest set out in Annex I. The work programme shall be updated as necessary.

2. The work programme shall be the basis for the establishment of regular calls for proposals for projects of common interest by the Commission.

Article 8

1. The Commission shall be responsible for the implementation of this Decision.

2. For the cases specified in Article 9 (1), the Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.

The Commission representative 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 provided for in Article 148 (2) of the EC Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the Member States' representatives within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

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

If the measures envisaged are not in accordance with the committee's opinion, 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 qualified majority.

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

Article 9

1. The procedure laid down in Article 8 shall apply to:

- the preparation and updating of the work programme referred to in Article 7,

- the determination of the content of calls for proposals,

- the specification of projects of common interest using the criteria laid down in Annex II,

- the determination of supplementary support and coordination actions,

- the measures to be taken to evaluate the implementation of the work programme on a financial and technical level.

2. The Commission shall inform the committee, at each of its meetings, of the progress made in implementing the work programme.

Article 10

This Decision shall apply to integrated services digital network (ISDN) without prejudice to Decision 2717/95/EC of the European Parliament and of the Council.

Article 11

Member States shall take all the means necessary to facilitate the implementation of the projects of common interest, in conformity with Community rules.

Article 12

This Decision shall not prejudice any financial commitment by a Member State or the Community.

Article 13

The participation of third countries, in particular countries party to the Agreement on the European Economic Area or having concluded an Association Agreement with the Community, may be authorized by the Council on a case-by-case basis, in accordance with the procedure laid down in Article 228 of the EC Treaty, in order to allow their contribution to the implementation of projects of common interest, and to promote the interconnection and interoperability of telecommunications networks provided that it does not entail an increase in Community aid.

Article 14

Every two years the Commission shall present a report on the implementation of this Decision to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.

The report shall contain an evaluation of the results achieved with Community support in different project fields, in relation to the overall objectives.

Article 15

This Decision is addressed to the Member States.

Done at Brussels, . . .

For the European Parliament

The President

For the Council

The President

(1) OJ No C 302, 14. 11. 1995, p. 23.

(2) OJ No C 39, 12. 2. 1996, p. 20.

(3) OJ No C 129, 2. 5. 1996.

(4) Opinion of the European Parliament of 1 February 1996 Council common position of . . . (not yet published in the Official Journal) and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(1) OJ No L 282, 24. 11. 1995, p. 16.

(2) OJ No L 192, 16. 7. 1991, p. 8.

(3) OJ No L 334, 22. 12. 1994, p. 24.

(4) OJ No L 192, 16. 7. 1991, p. 18.

(5) OJ No L 334, 22. 12. 1994, p. 1.

(6) OJ No L 269, 11. 11. 1995, p. 23.

(1) OJ No C 200, 24. 7. 1993, p. 22.

(1) OJ No L 228, 23. 9. 1995, p. 1.

ANNEX I

SPHERES FOR PROJECTS OF COMMON INTEREST

The trans-European telecommunications networks will open up the Community market to the new applications and services which will form the basis for the development of the information society. They are essential for supporting Community prosperity, creating new jobs, and strengthening economic and social cohesion.

A three-layer model has generally been accepted as the most appropriate framework for describing trans-European telecommunications networks. These layers are:

- the applications layer, through which users interact with generic services and basic networks to meet their professional, educational and social needs. Applications require to be interoperable to bring the maximum benefit to users across the Community,

- the generic service layer, made up of compatible generic services and their management. Through support of the applications' common requirement, these services supplement applications while aiding their interoperability,

- the basic networks layer provides the physical access, transport and switching elements of the networks, including their management and signalling. These elements ensure trans-European network interconnectivity.

These three layers form a consistent structure, where applications are supported by the two lower layers: generic services and basic network. In particular, applications cannot be offered in the absence of one of the other two layers; however, each layer should be sufficiently open to support any element of the layer immediately above. In this context, projects of common interest should be specified on the basis of their operational capability to support the objectives set forth in this Decision.

The following sections define the spheres in which projects of common interest will be specified.

1. Applications

The spheres in which applications projects of common interest will be identified are the following:

- A network for universities and research centres: an advanced trans-European network, carrying multimedia applications, should be established, linking universities and research centres across Europe, with open access to their libraries.

- Distance education and training: advanced distance education and training services should be made accessible to all individuals, schools, colleges and businesses. Centres should be set up and made remotely accessible across the Community in order to provide courseware and training services for SMEs, large companies, education systems, and public administrations. New approaches to professional training for the information society should be developed and promoted.

- Health telematics: trans-European networks and applications based on common standards should be deployed, which would link on a Community scale all the partners of the health system, in particular general practitioners, hospitals and public health centres.

- Transport telematics: full advantage should be taken of trans-European telecommunications networks to provide user-oriented services, in the domains of logistical support for transport industries and of the development of value-added services, such as information services, integrated payment and reservation services, trip-planning and route guidance, and freight and fleet management. In addition, transport telematics services in urban areas should be covered, taking into account standardization and interoperability requirements. The deployment of these services, based on advanced fixed and mobile telecommunications networks, should satisfy wherever applicable, the necessary complementarity with and the interoperability of the trans-European transport networks.

- Telematics for the environment: trans-European networks can make an important contribution to the monitoring and the management of the environment, including emergency management.

- Teleworking: the development of teleworking (in homes and satellite offices) supported by advance communication systems will help provide new forms of flexibility in terms of the place of work and the way work is organized. Through the decentralization of professional activities, teleworking can also help reduce the environmental consequences of daily commuting to population centres. Special attention should be paid to the social consequences of these applications.

- Telematic services for SMEs: projects of common interest will support the use of trans-European telecommunications applications and services by Community SMEs, with links to public authorities, trade associations, consumers, customers and suppliers and including information services and electronic commerce. The awareness of telematics-based solutions in general should be raised among SMEs.

- Electronic tendering: a trans-European electronic tendering network should be set up, based on electronic procedures for public procurement between public administrations and suppliers in the Community.

- City information highways: networks and services should be promoted interconnecting households, businesses, social organizations and administrations and providing access to on-line multimedia information, education, cultural, entertainment and tourism services on a local, regional, national and Community basis. Links between city and regional networks should be promoted.

- Library services: trans-European advanced networked library services involving all types of libraries (national, university/research, public, etc.) should be deployed to proved effective access to both the reservoir of organized knowledge and the cultural wealth held in libraries across the Community, in support of the economic, social, educational and cultural life of the Community.

- Telematic services for the job market: networked services, such as job information databases, should be developed to support the changing labour market in the Community and to help tackle unemployment.

- Cultural and linguistic heritage: initiatives should be launched to foster the preservation of and access to the European cultural and artistic heritage, and to demonstrate the potential of the information infrastructure to support the development of local content in local languages and its dissemination.

- Citizens' access to services: applications demonstrating the possibilities of citizens' access to services of collective interest should be set up. Examples might include the establishment of 'kiosks` and access points in public areas, and the use of smart cards and electronic wallets. For the benefit of disabled people, special requirements should be taken into account in the early stage of the planning of projects and with regard to access to services.

2. Generic services

The areas in which projects of common interest for generic services networks will be identified are the following:

- Implementation of operational trans-European generic services, which should include in particular electronic mail, file transfer systems, on-line access to electronic databases, and video services. As there is an urgent need for these trans-European generic services, they will use existing or emerging networks, fixed or mobile, and user access. They should include service elements operating at Community scale, such as directories, exchange-rate compensation, authentication, data protection and information security, trans-European 'kiosk` and network navigational aids, etc.

- Progressive extension of the generic services towards a multimedia environment. These services will offer end-users access to multimedia services, and might cover, but should not be limited to, multimedia mail, high-speed file transfer and video services, including video-on-demand. Use of these multimedia services by business and residential users should be encouraged, as well as the integration of new service elements such as automatic translation, speech recognition, graphical user interfaces.

- Introduction of non-proprietary digital signature as a basis for open service provision and mobility of use. Generic services will rely on a large number of complementary and competing service-providers. Open service provision and mobility of use will be of key importance and require electronic names (digital signatures) to be generally available and supported.

3. Basic networks

The areas in which projects of common interest for basic networks will be identified are the following:

- Euro-integrated services digital networks: for reasons of immediate commercial and technical trans-European availability, ISDN is today the most appropriate and efficient digital switched basic network that can support new services and applications. Its present development makes it an opportunity for Europe, and its market and geographical extension will be justified by the implementation of these new services and applications at European scale. However, it should be borne in mind that ISDN is only a first step, and that it is going to evolve towards becoming merely a means of user access to broadband basic services.

- Commerical introduction of managed asynchronous transfer mode (ATM) and other IBC networks: this domain must be considered as being of the greatest common European interest.

- Interoperation of existing and IBC networks: existing networks (for fixed, mobile and satellite services) should be interconnected and interoperate between themselves and with ATM-based high-speed networks, in order to offer the most appropriate economic solutions to the various situations which will occur during the setting up of the information society. This issue is at the core of the development of the IBC network, and is particularly relevant for SMEs, as well as for the professional and residential markets.

4. Supplementary support and coordination actions

In addition to its support for projects of common interest, the Community should initiate actions aiming at providing the appropriate environment. They will contribute to consensus development and concertation of national and regional activities for stimulation and promotion of new applications and services, in conformity with the implementation of programmes in other areas, as well as the development of IBC networks. They will involve concertation with European standardization and strategic planning bodies and coordination with actions funded by the different Community financial instruments. This includes:

- development of target specifications, and transition towards these targets. These specifications will support sector actors to make sound economic investment decisions,

- definition of means to access IBC networks, at the three specified layers,

- establishment of common specifications, based on European and world standards,

- furthering cooperation among sector actors, in particular emerging and fragmented operators, such as cable television network operators, as well as with users,

- coordination of the activities undertaken pursuant to this Decision with related Community and national programmes.

ANNEX II

CRITERIA FOR THE SPECIFICATION OF PROJECTS OF COMMON INTEREST

The specification of projects of common interest among the projects presented by interested sector actors in response to a call for proposals as mentioned in Article 7 is made on the basis of their compliance with the objectives and priorities laid down in Articles 2 and 3 respectively.

In addition, account shall be taken of the economic and financial criteria spelled out in Regulation (EC) No 2236/95. These criteria, which will be used in the framework of the said Regulation for deciding on the granting of financial support to a specific project, are:

- the potential economic viability of the project, which should be assured,

- the maturity of the project,

- the stimulative effect of Community intervention on public and private financing,

- the effectiveness of the financial package,

- the direct or indirect socioeconomic effects, in particular on employment,

- the consequences for the environment,

- for transboundary projects in particular, coordination of the timing of the different parts of a project.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 8 June 1995 the Commission submitted, in the context of a communication on a methodology for the implementation of applications of the information society, a proposal for a Decision of the European Parliament and of the Council on a series of guidelines for trans-European telecommunications networks.

The proposal is based on the first paragraph of Article 129d of the EC Treaty.

2. The European Parliament delivered its opinion at first reading on 1 February 1996.

The Economic and Social Committee and the Committee of the Regions delivered their opinions on 22 November 1995 and 18 January 1996 respectively.

In the light of those opinions, the Commission submitted an amended proposal on 20 March 1996.

3. On 21 March 1996, the Council adopted its common position in accordance with Article 189b of the Treaty.

II. OBJECTIVE

The purpose of the proposal is to lay down guidelines covering the objectives, priorities and broad lines of measures envisaged in the sphere of telecommunications networks, and to identify projects of common interest in this area.

III. ANALYSIS OF THE COMMON POSITION

1. General comments

The Council's common position makes few amendments to the Commission proposal. In general, the Council supports the approach proposed by the Commission. It considers in particular that, bearing in mind the specific nature of the sector, which is marked by the rapidity of technological change and a growing liberalization, specific project initiatives must come from the private sector and must meet the needs of the users.

Regarding the European Parliament's amendments, the Council has, in very many cases, endorsed the Commission's position as set out in its amended proposal.

Where it has made changes to the Commission proposal, and in its attitude to the European Parliament's amendments, the Council was motivated principally by the following concerns:

- ensuring the conformity of the text with the provisions of Title XII of the EC Treaty;

- clarifying the relationship and ensuring consistency with other relevant Community provisions, in particular Decision 2717/95/EC of the European Parliament and of the Council of 9 November 1995 on guidelines for the development of the Euro-ISDN (integrated services digital network) as a trans-European network.

2. Specific comments

(Unless otherwise indicated, the references relate to the text of the common position in the case of the recitals and Articles of the Decision, and to the numbering used by the Commission in its amended proposal in the case of the European Parliament's amendments).

(i) The Council wanted to add to the Commission proposal a new recital No 21 which points out that, under Article 129d of the EC Treaty, projects of common interest which relate to the territory of a Member State require that State's approval.

(ii) In many cases, the Council supported the Commission's position regarding the amendments proposed by the European Parliament:

- incorporating into its common position the following amendments, sometimes with minor drafting changes:

Nos 1, 2 (first part), 3, 4, 6 (in principle), 7 (first part), 10, 11 (first part), 15, 16 (first part), 20 (in principle) and 31 (first part).

Amendment No 20 was incorporated, in principle, as the new Article 10;

- rejecting the following amendments:

Nos 2 (second part), 5, 7 (second part), 9, 12, 13, 14, 16 (second part), 17, 18, 19, 21, 27 (second part), 29, 30, 31 (second part), 32, 33 and 35 (first part).

Regarding amendment No 17, the Council, like the Commission, wanted to reiterate, by means of the addition of a new recital, No 20, the importance it attached to the modus vivendi reached in this area between the three institutions.

(iii) However, the Council was unable to support the Commission's position on the following amendments proposed by the European Parliament:

Amendment No 8 (recital No 19 of the Commission proposal)

This amendment was unacceptable to the Council since, for reasons of sound legislative practice, it had deleted the recital from its common position. The Council considered that the preamble to an act should confine itself to justifying the enacting terms.

Amendment No 11 (second part) (Article 2)

Regarding the second part of this amendment, the Council considered that the wording of the first indent of Article 2 of the initial Commission proposal was both wider-ranging and more concise. It therefore preferred to retain that text in its common position, broadening it to cover 'cultural` needs.

Amendment No 22 (Annex I, introduction)

The Council felt that the reference to the non-proprietary nature of the tools making up the generic service was not appropriate in a Decision concerning guidelines.

Amendment No 23 (Annex I, part 1)

The Council considered that the issue of local languages was sufficiently taken into account in the text of the Decision, both in the enacting terms, particularly in Articles 2 and 3, and in Annex I, point 1, in relation to several spheres of applications, particularly 'cultural and linguistic heritage`.

Amendment No 24 (Annex I, part 1)

The Council considered that the sphere of application 'distance education and training` was intended to promote trans-European telecommunications networks, while defining the Community's policies in the field of education and training was covered by other provisions of the EC Treaty and other Community instruments.

Amendment No 25 (Annex I, part 1)

In the sphere of transport telematics the wording of the Council's common position is different from that of the Commission proposal and from that of this amendment, in order to avoid any risk of overlap with the guidelines for trans-European transport networks.

Amendment No 26 (Annex I, part 1)

The Council included the last sentence of this amendment in its common position, considering that it placed a useful emphasis on a dimension to which due consideration should be given in the 'teleworking` sphere. It considered, however, that the other amendments proposed by this amendment were unnecessarily restrictive.

Amendment No 27 (Annex I, part 1)

The amendments proposed by the European Parliament, which were partly accepted by the Commission in its amended proposal, were not endorsed by the Council, which maintained the Commission's original wording, which in its opinion covered the various aspects of the question concisely and satisfactorily.

Amendment No 28 (Annex I, part 1)

The Council did not keep this amendment as such but took it into account by adding a reference to 'artistic heritage` and the 'dissemination` of local content in local languages.

Amendment No 34 (Annex I, part I)

The Council considered that the reference to the three specified layers, which appeared in the Commissions proposal, was a detail worth retaining.

Amendment No 35 (second part) (Annex II)

Regarding the second part of this amendment, the text of the common position deleted the reference to the transnational nature of the projects. The Council felt that the various drafts proposed by the Commission and the European Parliament introduced an unnecessary element of inflexibility, with several provisions of the Decision and in particular Articles 2 and 3 and Annex I already implying that that dimension had been taken into account in an appropriate way.