Telecommunications : competitive environment (amend. Directives 90/387/EEC, 92/44/EEC)
1995/0280(COD)
The common position of the Council incorporates, in whole or in part, 5 of the
8 amendments accepted by the Commission in its modified proposal.
Furthermore, the Council made the following changes to the Commission proposal:
- Clarifications concerning universal service by:
. inclusion of a reference to 'taking account of any future evolution', with
regard to guaranteeing the provision of universal service;
. addition of a reference to sharing of net cost of universal service
obligations;
. inclusion of a reference to the financing of universal service, in accordance
with the Interconnection Directive;
- alignment with other Directives: a number of definitions ('users',
'telecommunications services', 'universal service', 'essential requirements' and
'interconnection') were changed with a view to aligning them with the proposal
for the Interconnection Directive and/or Licensing Directive. Moreover, the
common position points out that this Directive is without prejudice to the
provisions of the Treaty on public security, public policy and public morality;
- tariff principles: the common position specifies that the requirements of
costs orientation and transparency may be relaxed in competitive markets.
The Council also specified that the requirement for the independence of the
national regulatory authorities is without prejudice to the institutional
autonomy and constitutional obligations of Member States. Finally, in relation
to commitology, provision is made for a regulatory committee type IIIa.
�