Local view for "http://purl.org/linkedpolitics/eu/plenary/2001-12-10-Speech-1-113"

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". – The four directives with you today, together with the Spectrum Decision, make up the new regulatory framework for electronic communications – a cornerstone of the eEurope strategy, the information society for all agreed at the Lisbon European Council. On right of appeal, the compromise package takes Parliament’s line by requiring Member States to ensure that the merits of the case are duly taken into account. On the transparency mechanism, the compromise package goes a long way towards Parliament and the Commission’s position. The text gives the Commission hard powers to require national regulatory authorities to withdraw draft measures in the key areas linked to the functioning of the single market: definition of markets and designation, or otherwise, of undertakings with significant market power (SMP). Commission decisions are subject to an advisory committee procedure. Radio spectrum is covered by Article 6, paragraph 2, whereby regulators are required to cooperate with each other to ensure consistent application of the regulatory framework. The compromise does not provide for hard powers of intervention by the Commission on spectrum matters. Nevertheless, the Commission believes that this provision, together with the Spectrum Decision, will improve co-ordination of radio spectrum policy matters across the EU. With regard to the Spectrum Decision, the Commission is very satisfied with the compromise proposal, as the major objectives pursued in the original Commission proposal are met. The adoption of the Spectrum Decision in this form would constitute a major step forward. Furthermore, it demonstrates how far positions in this important matter have evolved, given the failure not so long ago of legislative proposals along similar lines. The Spectrum Decision in its present form will set up a general and permanent framework for addressing radio spectrum policy and legal issues in the context of all relevant Community policy areas. It thereby reflects the increasing importance of radio spectrum in the context of Community policy objectives which depend on the availability and efficient management of frequencies as a vital resource for the provision of economically and socially important wireless usage in electronic communications, transport, broadcasting and so on. The Spectrum Decision makes it possible to take appropriate action to ensure efficient use of spectrum and spectrum management. It also provides for technical implementing measures to be adopted under the Spectrum Decision as a mechanism to ensure legal certainty. Many Members of the European Parliament have raised the issue of digital television. We clearly have got the message from the European Parliament. On digital TV interoperability, the compromise package goes towards Parliament’s position, by taking over much of the European Parliament text. A new article and corresponding recital would be inserted in the framework directive, dealing specifically with interoperability of digital interactive television services. It would impose an obligation on Member States to encourage the use of open application programme interfaces by platform operators and equipment manufacturers. In addition, Member States would also be required to encourage API owners to make available, on fair, reasonable and non-discriminatory terms, all such information as is necessary to enable service providers to provide all services supported by the Application Programme Interfaces. Clearly an obligation to encourage does not go as far as an obligation to ensure. But – and I emphasise this – the provisions of Article 16 on standardisation allow standards to be made mandatory one year after entry into force of the directive if interoperability cannot be ensured by the use of voluntary standards. The combination of these two provisions constitutes a step forward for the interoperability of digital television, which we all agree is a desirable outcome for European consumers. Article 16 means that one year after entry into force of the directive, the Commission must organise public consultation then propose the comitology procedure, followed by Commission adoption. Furthermore, as we have really understood the strong will of the European Parliament to go forward with interoperability, the Commission is ready to start actively to promote European standards for interoperability with all stakeholders concerned. Mrs Read and Mr Fitzsimons raised the issue of the disabled here today. Firstly, on the amendments on the disabled, most of them have been accepted in the Council position, except perhaps for two, which overlap with the Council text. Secondly, I am personally convinced that information technologies give us better chances than before to give equal possibilities to the disabled. When we make society better for the disabled, it is better for all of us. Last week we had the information society technologies conference, in which Mrs Read also participated. We saw fantastic new applications which make life for the disabled better. We must absolutely encourage their use. The same was true with the e-government conference. We proceed along those lines. The accessibility guidelines recommendation from the Commission a few weeks ago is another example here. As far as the link between the RTTE directive and this package goes, we are ready to consider and study that issue. I will come back to that later. Since Lisbon, successive European Councils have called on the Commission, Council and Parliament to ensure that the new framework is in place by the end of this year. We still have two weeks to go. Time is running short, but the EU still has the chance to meet this deadline. The package of compromise amendments before you today has a broad level of support in the Council, as the presidency told us today. The compromise package is always a compromise. No institution gets everything it wants. But this compromise is a balanced one. It represents a proper balance between the views of the Council and Parliament. As such the Commission would recommend that the House accept it. The Commission will transmit to the sessional services of the European Parliament the detailed position on the amendments, including those not covered by the Council compromise. Finally, I thank the European Parliament and the presidency for their particularly close and substantial cooperation on this file. My particular thanks go to the rapporteurs, Mrs Niebler, Mr Paasilinna, Mr Harbour and Mr Brunetta, the rapporteurs for the five telecom directives, as well as the chairman of the committee, Mr Westendorp y Cabeza. But I do not want to forget the shadow rapporteurs and those other Members of the European Parliament who have participated so actively in the discussion of the telecoms package. It has been an excellent example of how Community method at its best can work. It has been an extremely complicated legal package. Everybody had a role to play. We worked towards the same compromise solution and – if it goes through this week – very rapidly. The outcome of this would be that Europe would have the most modern, technology-neutral legislation for the future. I am sure it would be good for jobs, good for growth, good for equal access for all. I hope that this package will be accepted this week in Parliament. It is, of course, a compromise. Nobody gets everything they want – neither Parliament, the Council nor the Commission. But the Commission nonetheless believes that it is a balanced compromise. My assessment is that neither institution is likely to get more from conciliation. Agreement on this package will send an important, positive signal externally. We all know that the communications sector has had a rough ride over the last year or so. Early agreement on this package will be a welcome boost. The package will have a positive impact on the sector in a number of different ways. The new framework will deregulate, requiring regulators progressively to remove regulation as it becomes unnecessary, so that they regulate only when there is market failure. In this way, the package provides a transition to the final objective we all share: reliance on competition law to control market power in the electronic communications sector. The new framework simplifies and deregulates national licensing regimes, removing prior regulatory control over market access for network and service provision, and focusing such controls only on frequency and numbering resources. It preserves and strengthens universal service, striking the right balance between the rights of users and the need not to impose disproportionate burdens on operators. In particular, it makes it clear that functional Internet access is a key part of the bundle of services that must be affordable and available to all EU citizens. Mr Martin asked me about the impact of this solution for the digital divide and employment. It is very clear that universal service has a key impact on availability. But we also need policy measures which concentrate on the skills of all citizens and on content. We need availability at a low price; we need skills and content in everyone's own language to close the digital divide. Finally – and crucially – the new framework, with the amendments contained in the compromise package, would include the necessary safeguards to ensure that regulators act consistently across the EU, so that companies can expect to be treated similarly in similar situations throughout the EU. Here I particularly want to thank the European Parliament for its strong support, without which we would not have been able to achieve this kind of compromise with the Council. I will explain how the compromise package deals with the three fundamental issues that dominated discussion between the Council and Parliament during second reading: right of appeal (Article 4), the transparency mechanism (Article 6 of the framework directive), including matters related to radio spectrum, and finally interoperability of digital TV equipment – which has been raised by many colleagues tonight."@en1
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