REPORT on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services
16.11.2009 - (PE-CONS 3677/2009 – C7‑0273/2009 – 2007/0247(COD)) - ***III
European Parliament delegation to the Conciliation Committee
Delegation chair: Alejo Vidal-Quadras
Rapporteur: Catherine Trautmann
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services
(PE-CONS 3677/2009 – C7‑0273/2009 – 2007/0247(COD))
(Codecision procedure: third reading)
The European Parliament,
– having regard to the joint text approved by the Conciliation Committee (PE-CONS 3677/2009 – C7‑0273/2009),
– having regard to its position at first reading[1] on the Commission proposal to Parliament and the Council (COM(2007)0697),
– having regard to the amended Commission proposal (COM(2008)0724),
– having regard to its position at second reading[2] on the Council common position[3],
– having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2009)0420),
– having regard to Article 251(5) of the EC Treaty,
– having regard to Rule 69 of its Rules of Procedure,
– having regard to the report of its delegation to the Conciliation Committee (A7‑0070/2009),
1. Approves the joint text;
2. Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;
3. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication, together with the statement by the Commission thereon, in the Official Journal of the European Union;
4. Instructs its President to forward this legislative resolution to the Council and the Commission.
- [1] Texts adopted, 24.9.2008, P6_TA(2008)0449.
- [2] Texts adopted, 6.5.2009, P6_TA(2009)0361.
- [3] OJ C 103 E, 5.5.2009, p. 1.
EXPLANATORY STATEMENT
The proposal for a Directive amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and services, and 2002/20/EC on the authorisation of electronic communications networks and services was presented by the Commission on 13.11. 2007. It was presented together with the proposal for a directive amending the universal service directive and the e-privacy directive (Report HARBOUR, 2007/0248(COD)) and the proposal for a regulation establishing the European electronic communications market authority (later the Body of European Regulators for Electronic Communications - BEREC; Report DEL CASTILLO, 2007/0249(COD)).
II. The legislative procedure before conciliation
The first reading of Parliament took place on 24 September 2008 and Council reached a political agreement in November 2008. Negotiations in view of reaching a 2nd reading agreement took place under the Czech Presidency since January 2009.
Following intensive negotiations, 2nd reading agreements were reached with Council on the three reports of the telecom package.
On 6 May 2009 the Plenary voted the three reports of the Telecom Package. The plenary confirmed the agreement reached in case of the reports HARBOUR and DEL CASTILLO. In the case of the TRAUTMANN report, however, one amendment which was not part of the overall agreement reached with Council in 2nd reading was also adopted.
This amendment (so called amendment 138) required national regulatory authorities to promote the interests of the citizens of the European Union by inter alia "applying the principle that no restriction may be imposed on the fundamental rights and freedoms of end-users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened in which case the ruling may be subsequent."
III. Conciliation
Since the May plenary had been the last plenary before the June European elections the procedure could only be resumed in September. The constituent meeting of the EP delegation to the Conciliation Committee took place on 28 September. At that meeting the delegation decided to focus the negotiations on the issues of the amendment 138. The delegation appointed the negotiating team composed of Mr Vidal-Quadras, Vice-President and Chair of the delegation, Mrs Trautmann, rapporteur, and Mr Reul, Chair of the ITRE Committee.
In the 1st trilogue which took place on 29 September the Presidency explained why the Council was not in a position to accept amendment 138. The Council’s position was mainly based on legal grounds. Inter alia the Council argued that the legal basis of the proposed instrument does not allow to force the Member States into a particular judicial structure, including with regard to criminal matters. The "prior decision by court" creates problems for Member States which do not have such a requirement before acting against an individual. For example, in a case involving dissemination of child pornography material through the Internet, in many Member States this is up to a prosecutor, whose decisions are of course subject to judicial review and safeguards in full compliance with the European Convention of Human Rights.
The arguments brought forward by the Council were discussed at a 2nd meeting of the EP delegation on 7 October. Parliament's Legal Service was also invited to prepare a legal opinion which found serious grounds for considering that the amendment 138 goes beyond the competence of the Community as laid down in Article 95 of the EC Treaty.
Following two further trilogues on 13 October and 22 October as well as a delegation meeting on 20 October the Conciliation Committee was convened for 4 November.
The evening of the Conciliation negotiation of 4 November started with a meeting of the EP delegation. The delegation discussed the latest Council compromise proposal resulting from Coreper of 28 October. The most important request of the delegation was the addition of the word "prior" to the wording "fair and impartial procedure" which needs to be followed before measures regarding users' access liable to restrict their fundamental rights are taken.
Following the delegation meeting a trilogue took place. The Council was represented by Åsa Torstensson, Swedish Minister for Communication, and Commissioner Reding represented the European Commission. A compromise solution was found in this trilogue which went on for more than two hours and was in large parts interrupted by a more restricted meeting trying to establish the compromise text.
The EP delegation met subsequently. The compromise was accepted by unanimity following an intensive discussion and an interruption of the meeting to allow political groups to consult.
The full Conciliation Committee met at 00.30 a.m. to seal the agreement. At that meeting Commissioner Reding also announced that the Commission will make a declaration on "net-neutrality".
IV. Key points of the agreement reached
It was agreed to include the text of the compromise in Article 1 of the Framework Directive. It becomes therefore an obligation for the whole regulatory framework. The text agreed provides that restrictions on a user's internet access may "only be imposed if they are appropriate, proportionate and necessary within a democratic society". Such measures may be taken only "with due respect for the principle of presumption of innocence and the right to privacy" and as a result of "a prior, fair and impartial procedure" guaranteeing "the right to be heard (...) and the right to an effective and timely judicial review."
By reaching an agreement with Council on the compromise text Parliament achieved its objective of including such provisions in this legislation (which had not been proposed by the Commission and which were also not included in the common position of Council) and by laying down the maximum of guarantees for internet users possible on the legal basis.
V. Conclusion
As the agreement reached goes much further than what was possible at earlier stages of the procedure, the delegation recommends that the Parliament approves the joint text at 3rd reading.
PROCEDURE
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Title |
Joint text approved by the Conciliation Committee for Directive of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to and interconnection of electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services |
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References |
PE-CONS 3677/2009 – C7-0273/2009 – 2007/0247(COD) |
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Delegation Chair: Vice-President |
Alejo Vidal-Quadras |
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Committee responsible Chair |
ITREHerbert Reul
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Rapporteur(s) |
Catherine Trautmann |
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Commission proposal |
COM(2007)0697 – C6-0427/2009 |
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Parliament’s first reading – P number |
24.9.2008 |
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Amended Commission proposal |
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Council common position Date announced in plenary |
16496/1/2008 – C6-0066/2009 19.2.2009 |
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Commission position(Article 251(2), subpara 2, indent 3)
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Date of second reading – P number |
6.5.2009 |
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Commission opinion(Article 251(2), subpara 3, point (c))
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Date Council received second reading |
26.6.2009 |
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Date of Council letter on non-approval of Parliament amendments |
9.10.2009 |
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Conciliation Committee meetings |
4.11.2009 |
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Date of vote by Parliament delegation |
4.11.2009 |
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Result of vote |
+: -: 0: |
23 0 0 |
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Members present |
Rodi Kratsa-Tsagaropoulou, Alejo Vidal-Quadras, Ivo Belet, Bendt Bendtsen, Pilar del Castillo Vera, Gunnar Hökmark, Arturs Krišjānis Kariņš, Herbert Reul, Stavros Lambrinidis, Teresa Riera Madurell, Patrizia Toia, Catherine Trautmann, Marita Ulvskog, Lena Ek, Silvana Koch-Mehrin, Christian Engström, Philippe Lamberts, Malcolm Harbour, Jaroslav Paška |
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Substitute(s) present |
Lambert van Nistelrooij, Paul Rübig, Sabine Verheyen, Corinne Lepage |
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Substitute(s) under Rule 187(2) present for the vote
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Date of agreement in Conciliation Committee
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4.11.2009 |
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Agreement by exchange of letters |
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Date on which the co-Chairs established that the joint text had been approved and forwarded it to Parliament and the Council |
13.11.2009 |
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Date tabled |
16.11.2009 |
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Comments(available in one language only)
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… |
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EXTENSION OF DEADLINES
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Deadline for second reading by Council |
9.10.2009 |
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Deadline for convening the Committee Requesting institution – date |
0.0.0000Council – 0.0.0000
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Deadline for work in the Committee Requesting institution – date |
0.0.0000Parliament – 0.0.000
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Deadline for adopting the act Requesting institution – date |
0.0.0000Council – 0.0.0000
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