Brussels, 08/07/2008 (Agence Europe) - On Monday 7 July, the European Parliament's committee on internal market and consumer protection (IMCO), on one hand, and its committee on industry, research and energy (ITRE), on the other, adopted three reports on revision of the regulatory framework for electronic communications proposed by the European Commission. These reports are by Catherine Trautmann (PES, France) on electronic telecommunications services and networks (43 vote for and one abstention), Pilar del Castillo Vera (EPP-ED, Spain) on the European telecommunications authority (30 for, 2 against and 2 abstentions), and Malcolm Harbour (EPP-ED, UK) on the directive on the right of own initiative (38 votes for, 2 against and no abstentions). The reports will be adopted in EP plenary on 3 September.
Members of the ITRE committee rejected the idea of a European telecommunications authority and backed the proposal by Pilar del Castillo to create, instead, a new body of European regulators in telecommunications, ,composed of 27 national regulatory authorities (BERT). This new body would be consulted alongside the European Commission by national authorities before any regulatory measure is put in place. An amendment provides for the Commission to be able to compel a national authority to review its measure if BERT considers it inappropriate or ineffective. Another amendment stipulates that “functional separation” may be imposed as “an exceptional measure”, only if the Commission and BERT confirm that the other measures taken have failed and that there is no other solution for ensuring competition based on infrastructure. BERT may not, moreover, take on the task of network and information security, which remains under the competence of ENISA whose mandate, in the meantime, has been extended (see EUROPE 9685). On the subject of financing this body, the report provides for two-thirds financing by the national authorities and one third financing by Community funds. This financial arrangement may, however, be reviewed during the vote in plenary.
The industry committee also adopted the report by Catherine Trautmann, supporting her vision of coordinated and harmonised spectrum management at EU level to optimise the use of frequencies and to avoid harmful interference between the different services. The report recommends cooperation between member states and the Commission in the strategic planning, coordination and harmonisation of radio spectrum use. It calls, moreover, for a more coherent and integrated approach to the allocation of the “digital dividend”. Member states are invited to ensure that any technology or any service can use any frequency available for electronic communications services in accordance with national frequency allocation plans and international regulations. MEPs support the Commission's approach in favour of neutrality of services and technologies, as long as the services in a specified frequency band are justified by general interest objectives or promote cultural diversity. The spectrum is for public benefit but market mechanisms alone cannot serve the general interest and provide what is essential for establishing an information society for all, Ms Trautmann states. The radio-electric spectrum will soon be supplanted by new technology allowing information to be transmitted more rapidly, such as optical fibre networks, truly the networks of the future. Legislation should be adapted in order to promote investment, competition and consumer choice. Reform proposals must foresee sufficient incentives for investors that should be guaranteed a fair return on their investment, MEPs confirm.
Finally, with 38 votes to 2 and no abstentions, the IMCO committee adopted the report by Malcolm Harbour of the UK on the own initiative directive. This report amends a series of essential provisions for consumers set out by the European Commission in its proposal: - universal service and users' rights with respect to electronic communications services and networks, the processing of personal data and protection of private life, and cooperation when it comes to consumer protection. The telecoms market must be more transparent for consumers. Services proposed must be more easily comparable to allow consumers to make a real, well-informed choice, and accessibility to persons with disabilities must be guaranteed. Regarding data protection, consumers must also be kept better informed of the use made of their personal data. On the subject of data protection, consumers must have free access to internet services as long as they abide by the copyright. Before cutting access to services, service providers must warn the user that he/she has illegally downloaded data, the report states. (I.L./transl.jl)