COUNCIL RESOLUTION of 22 December 1994 on further development of the Community's satellite communications policy, especially with regard to the provision of, and access to, space segment capacity (94/C 379/04)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Commission communication of 10 June 1994 on satellite communications: the provision of, and access to, space segment capacity,

Having regard to Commission Directive 94/46/EC of 13 October 1994 amending Directive 88/301/EEC and Directive 90/388/EEC in particular with regard to satellite communications (1),

Having regard to the Council resolution of 19 December 1991 on the development of the common market for satellite communications services and equipment (2),

Whereas in its resolution of 19 December 1991, the Council gave its support to the general goals of the Commission's Green Paper on a common approach in the field of satellite communications in the European Community;

Whereas in its resolution of 6 May 1994 on the Community and space (3), the European Parliament addresses the importance of a reinforcement of efforts to assist in the development of, inter alia, a competitive European satellite communications sector through a series of policy initiatives and actions, and proposes the firm establishment of a longer term Community satellite communications policy, taking full account of both the telecommunications and the space issues affecting the future of the sector;

Whereas efforts should be undertaken to ensure the future of this strategically important sector;

Whereas successful European participation in the global satellite communications market is, inter alia, dependent on the creation of a competitive satellite sector in a liberalized environment, on comparable and effective access to third country markets, on the availability of suitable technology, and on attracting substantial private investment;

Whereas these factors are, inter alia, essential elements to be taken into account to enable the satellite sector to make an appropriate contribution to the development of trans-European telecommunications networks and the development of a global information society;

Whereas the Community aims are to develop a common market for satellite communications services and to foster the competitiveness of the European satellite services sector; whereas these aims shall be achieved, inter alia, by the introduction and stimulation of competition among satellite communications service providers;

Whereas in an increasingly competitive environment, the availability of suitable, transparent and non-discriminatory, access arrangements to space segment resources is essential;

Whereas the effective management by the Member States of orbital and related frequency resources is closely connected with these arrangements;

Whereas space segment capacity is available from intergovernment satellite organizations - in particular from Intelsat, Inmarsat and Eutelsat -, from public satellite operators, and from private satellite operators;

Whereas in general national telecommunications operators, either as signatories in the framework of intergovernmental systems or as owners of national systems, control access to a majority share of the space segment capacity; whereas these national operators are also in competition with other service providers in the provision of satellite services;

1. RECALLING that the Council resolution of 19 December 1991 on the development of the common market for satellite services and equipment:

- considered as a major goal improved access to the space segment and access to the space capacity of the intergovernmental organizations operating satellite systems and effective and accelerated procedures for the establishment of and access to separate satellite systems,

- expressed the need to keep carefully in mind industrial aspects, including the need for an internationally competitive European industry in the field of satellite communications;

2. RECOGNIZING:

2.1. in relation to the Community satellite communications sector:

(a) that this sector is a high technology sector of strategic importance, which has to be taken into account when further developing the Community's communications policy;

(b) that the consolidation and growth of a competitive Community satellite communications sector is dependent on, inter alia, the full reflection of its potential in the consideration of the satellite communications policy, research and development policy, external relations policy and industrial policy;

2.2. in relation to intergovernmental satellite organizations such as Intelsat, Inmarsat and in particular Eutelsat:

(a) that these organizations are of considerable importance in the supply of space segment capacity and that this capacity at present is supplied to signatories on a universal basis and under non-discriminatory conditions;

(b) that presently a review of the institutional and economic basis of these organizations is in progress;

(c) that Member States pursuant to the rules of the Treaty shall take all appropriate steps to ensure that signatories exercise their functions with regard to the allocation of space capacity in a non-discriminatory manner in accordance with Directive 94/46/EC;

2.3. that a balanced approach by Member States with regard to effective management of orbital and related frequency resources, ensuring effective representation of their interests, is essential in order to assure equitable, non-discriminatory access by providers of space segment capacity, taking due account of the new competitive and commercial environment;

2.4. that satellite-based networks, services, and applications may contribute to the fast development of trans-European networks and that this may also contribute to the global information society;

3. IDENTIFIES AS BASIC GOALS for the further development of the satellite communications policy:

3.1. non-discriminatory access, for all providers and users of satellite services throughout the Community, to space segment capacity, including in particular space segment capacity provided by intergovernmental satellite organizations;

3.2. urgent adjustment of the intergovernmental satellite organizations such as Intelsat, Inmarsat and in particular Eutelsat in the light of the Community regulatory framework and the market requirements in accordance with the Treaty obligations and with the interest of the Community satellite communications sector, taking into account, inter alia, the following principles:

(a) strict separation of all regulatory and operational aspects;

(b) separation or more flexibility in the linkage of investment shares and usage;

(c) non-discrimination and transparency, if both space segment capacity and satellite services are provided;

3.3. comparable and effective access to third country markets, in parallel with the Community market liberalization;

3.4. effective management of orbit and frequency resources within the framework of the International Telecommunications Union, building on the cooperation in CEPT and taking full account of Member States' sovereign rights, with the aim of improving the economic benefits and efficiency, and the market orientation of the current approach;

4. NOTES the intention of the Commission, to use, where necessary, the means available through the application of the Treaty provisions, in particular the competition rules to remove restrictions within the Community on access to space segment capacity;

5. INVITES the Member States:

- to assist each other, where necessary, and to cooperate closely, where appropriate, in implementing the basic goals mentioned above with regard to the reform of the intergovernmental satellite organizations such as Intelsat, Inmarsat and in particular Eutelsat, and with regard to the effective management of orbit and frequency resources,

- to apply the constituent instruments of these organizations at national level in line with the Treaty obligations, in particular with the competition rules, and with Community law,

- to provide for non-discriminatory access to space segment capacity at national level taking account of the relevant provisions of this resolution;

6. INVITES the Commission:

- to monitor the access arrangements in third country markets with a view to ensuring comparable and effective market access to third countries, in line with the GATT framework and other international obligations of Member States,

- to take due account, inter alia, of advantages offered by satellite-based applications in its development of a coherent strategy for Trans-European Networks;

7. REQUESTS the Commission to report on the progress in the implementation of the basic goals and the implementation of Community measures such as Directive 94/46/EC to the European Parliament and the Council.

(1) OJ No L 268, 19. 10. 1994, p. 15.

(2) OJ No C 8, 14. 1. 1992, p. 1.

(3) OJ No C 205, 25. 7. 1994, p. 467.