COUNCIL RESOLUTION of 22 December 1994 on the principles and timetable for the liberalization of telecommunications infrastructures (94/C 379/03)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Commission communication of 28 October 1994 entitled 'Green Paper on the liberalization of telecommunications infrastructure and cable television networks - Part One: principles and timetable',

Having regard to the conclusions of the Presidency at the European Council held in Corfu on 24 and 25 June 1994,

Having regard to the Council resolution of 22 July 1993 on the review of the situation in the telecommunications sector and the need for further development in that market (1), and the Council resolution of 7 February 1994 on universal service principles in the telecommunications sector (2),

Whereas the European Council considers it essential that the basic principles of the internal market should be extended to those areas such as energy and telecommunications which are still only partly covered by it, while ensuring that the town and country and public service requirements in these sectors are also safeguarded;

Whereas the European Council has called for the creation of a clear and stable regulatory framework for information infrastructures, notably as regards access to markets and compatibility of networks, and for the establishment of this regulatory framework as soon as possible at Community level;

Whereas satellite communications have already been liberalized by 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 (3) and whereas the liberalization of mobile and personal communications is in progress;

Whereas the basic principles of the single market up to now have not been extended to telecommunications infrastructures throughout the Community and whereas the relevant safeguards taking the public interest into account have not yet been defined;

Whereas the joint Industry/Telecommunications Council meeting on 28 September 1994 concluded that a first part of the Green Paper on the liberalization of telecommunications infrastructures, to be submitted by the Commission before 1 November 1994, should enable the Council to examine and, if possible, to decide on, the principles of liberalization and to fix a clear timetable,

1. WELCOMES the submission, by the Commission, of Part One of the Green Paper on the liberalization of telecommunications infrastructures;

2. NOTES in particular:

- the Commission's conclusions on the principles of, the procedures and the timetable for, the liberalization of telecommunications infrastructures,

- the subjects to be addressed by the Commission in Part Two of the Green Paper;

3. RECOGNIZES the general principle that the provision of telecommunications infrastructures should be liberalized by 1 January 1998.

To enable them to proceed with the necessary structural adjustments, the Member States which use the transitional period provided for voice telephony in the aforementioned Council resolution of 22 July 1993 shall be eligible for an additional transitional period of a maximum of five years. Very small networks may, where justified, be granted a period of up to two years;

4. AGREES that the general principle outlined in point 3 will be implemented by means of the following main measures:

- the necessary regulatory framework in order to ensure effective liberalization of the provision of telecommunications infrastructure will be set up by 1 January 1998,

- the regulatory framework, including the necessary safeguards, shall set up common principles ensuring, inter alia:

- the provision and the financing of universal service,

- the establishment of interconnection rules,

- the setting up of licensing procedures and conditions,

- comparable and effective market access including in third countries, notably through discussion in the appropriate framework,

- fair competition;

5. REAFFIRMS the necessity that conditions governing the definition of the future Community policy on telecommunications infrastructures should be the result of a political agreement building on the compromise of December 1989 and notes the Commission's support for this approach;

6. NOTES the intention of the Commission to submit, by 1 January 1995, the second part of the Green Paper addressing in particular the regulatory framework including the safeguards to be established for the liberalization of telecommunications infrastructures;

7. WELCOMES that the Commission provides for a wide consultation of all interested parties of the Green Paper and in particular on its second part;

8. REQUESTS the Commission:

- to report to the European Parliament and the Council on the results of this consultation in order to allow for the determination of the necessary safeguards,

- to prepare and to propose to the European Parliament and the Council, before 1 January 1996, the amendments which should be made to the Community regulatory framework;

9. INVITES the Commission and the Member States to continue consultation, in particular within the framework of the ad hoc high-level Committee of National Regulators referred to in the Council resolution of 17 December 1992 on the assessment of the situation in the Community telecommunications sector (4).

(1) OJ No C 213, 6. 8. 1993, p. 1

(2) OJ No C 48, 16. 2. 1994, p. 1.

(3) OJ No L 268, 19. 10. 1994, p. 15.(4) OJ No C 2, 6. 1. 1993, p. 5.