Negotiators from the European Parliament and the Council of the European Union reached a provisional political agreement on the deployment of high-speed networks in the EU (‘Gigabit Infrastructure Act’) (see EUROPE 13342/3) shortly after 5 a.m. on Tuesday 6 February, following several hours of negotiations.
“In Europe, the deployment of fibre optics and 5G could be much easier with less administration. We are tackling this administrative burden through legislation on Gigabit infrastructure”, commented Belgian Deputy Prime Minister and Minister for Telecommunications Petra de Sutter.
“We now have a common EU approach to providing high-speed Internet access to every EU citizen, bridging the connectivity gap between rural and remote areas and their urban counterparts, and ensuring better coverage of transport corridors. This historic agreement will move us forward in the digital race”, said Parliament’s rapporteur on this issue, Alin Mituța (Renew Europe, Romanian).
A four-month period for tacit approvals
A number of issues remained unresolved before this final round of inter-institutional negotiations, starting with the question of tacit approval, which deeply divided Europe’s co-legislators.
The two parties finally agreed to set a maximum period of 4 months for a government authority to respond to an application for works authorisation, failing which the application will be deemed tacitly validated.
This provision was introduced by the Commission in its legislative proposal. In the Commission’s view, this would make it possible to reduce the costs of deploying electronic communications infrastructures, which are partly generated by procedures for granting permits prior to the deployment or upgrading of networks.
Parliament, for its part, wanted Member States to have 2 months in which to accept or reject a request. Conversely, the Council of the EU removed this reference from the text in its position adopted on 5 December (see EUROPE 13307/1).
However, exemptions have been introduced to allow a transition period for small municipalities, as well as specific provisions to promote connectivity in rural and remote areas.
A mandatory conciliation mechanism between public sector bodies and telecoms operators has also been introduced as an intermediate step to facilitate the licensing process.
Abolition of additional charges for intra-EU calls in 2029
Negotiators also had to agree on the other major issue, concerning charges to end-users for calls and text messages within the EU.
While the rules currently in force - capping the price of intra-EU calls at 19 cents per minute - will expire on 14 May, the co-legislators have decided to extend the caps by maintaining prices at 19 cents per minute for calls and six cents per text message.
However, Parliament, which wanted the ceilings to be abolished altogether, prevailed on the substance, since these additional charges should be abolished from 2029, subject to rules to be adopted by the European Commission by means of an implementing act.
“I am delighted that this regulation will put an end to the compartmentalisation of the telecommunications market within the EU. I fought hard to ensure that calls to and from any European country, from 2029, would be strictly aligned with national tariffs. This is how the EU proves itself useful to its citizens and businesses. Until 2029, the current ceilings will continue to apply”, explained Alin Mituța.
Mandatory fibre optic installation for new and renovated buildings
The text also makes it compulsory to install fibre optics in all new buildings and buildings undergoing renovation. However, several exemptions have been included in the text for critical national infrastructures.
Provisions have also been introduced to enable the various civil engineering trades to better coordinate their work in order to reduce the difficulties caused in public spaces when installing fibre optics, telecommunications equipment, or water or energy supplies.
The provisional political agreement still has to be approved by MEPs in committee and then in plenary session. The text will then be submitted to the Member States. The legislation will apply 18 months after its entry into force, with the exception of certain specific provisions, which will come into force at a later date.
“The digital single market cannot be built in a day, and businesses need time to adapt”, added Angelika Winzig (EPP, Austrian), who had already negotiated the roaming legislation for Parliament. (Original version in French by Thomas Mangin)