Brussels, 22/04/2009 (Agence Europe) - Debate surrounding Amendment 138 continues to delay the adoption of the Telecoms Package scheduled for the plenary session of 4-7 May. Although the compromise negotiated by European Parliament and the Council of Ministers on the other points is well on its way to adoption, there remains dissention around this amendment adopted by the Parliament in first reading and supported by the European Commission. Since the start of negotiations, Council has refused to accept this amendment which states that “no restriction may be imposed on the fundamental rights and freedoms of end users without a prior ruling by judicial authorities … save where public security is threatened”. France, which is currently preparing its “graduated response” to tackle illegal downloading by denying internet access to lawbreakers, is particularly strongly opposed to this principle. On the evening of Monday 21 April, the industry committee maintained its stance on amendment 138, adopting it by the overwhelming majority of 40 votes to 4, with 2 abstentions. According to Catherine Trautmann (PES, France), who drafted the report, the vote sent a signal to member states that “Parliament wanted its message to be taken into account”. She said that Parliament “will not close the door but will take a firm, demanding stance” in its continuing negotiations with the Council.
The industry committee reached agreement with the Czech Presidency on the other points in the Trautmann report on the revision of the framework and directives relating to electronic communications (44 votes to 23, with 1 abstention) and on setting up the Body of European regulators on Electronic Communications (BEREC) (report by Pilar del Castillo, EPP-ED, Spain, adopted by 46 votes to none, with 2 abstentions). This Body, comprising a council of the 27 national regulators and a Commission representative, will be tasked with advising the Commission and, when asked, the Parliament and Council. The council of regulators will adopt opinions by two thirds majority. With regard to the Trautmann report, MEPs and the Czech Presidency agreed that national regulatory authorities should consult the Commission and BEREC before taking any regulatory decision. In such cases, BEREC will adopt opinions by absolute majority. Regulators will have to take “utmost account” of any “serious doubts” expressed by the Commission and BEREC and work with them to find “the most appropriate and effective measure”. Functional separation could be used as a last resort when all other regulatory tools have proved ineffective. It will be for the Commission to bring forward a legislative proposal for a multiannual radio spectrum action programme, with the aim of coming to greater coordination among member states. The principle of service and technology neutrality, stating that any frequency band may be used for any application so long as this complies with national frequency allocation plans, will have to be respected. With regard to investment in next-generation networks and infrastructure sharing, dominant operators may be required to allow access to and use of network elements and associated facilities. National regulators should promote “efficient investment and innovation in new and enhanced infrastructures”. Any access obligation to open this new infrastructure to competitors will have to take “appropriate account of the risk incurred by the investing undertakings” and should allow for “cooperative agreements between investors and access seeking parties” to diversify investment risks.
The plenary session vote on the Trautmann and del Castillo reports will take place in the session on 4-7 May. Apart from Amendment 138, negotiations with the Czech Presidency are still on-going on aspects of the Telecoms Package related to consumer protection (Harbour report). (I.L./transl.rt)