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handyCurrent topics in the area of telecommunications and postal services during the Slovenian EU Presidency

 

Mobile satellite systems

Initially, attention will be focused on the proposal for a decision of the European Parliament and the Council on the selection and authorisation of systems providing mobile satellite services (MSS). For the EU, this dossier is significant because of the new method of spectrum management. One of the goals of the proposed approach is that key elements for the single (EU) selection of systems and their subsequent coordinated authorisation by the Member States be defined for Europe-wide services. A legal vacuum or late adoption of the decision by the EU could seriously affect the development of the EU satellite industry, and in association with the ITU processes (reservations) it could mean a setback in comparison with the USA and Asian countries in the area of mobile satellite services. At the same time, this would also mean a loss for customers and users. On the other hand, the timely adoption of the decision and the associated selection and authorisation of the MSS by the EU could positively influence the development of competition and the enhancement of the EU internal market, also providing benefits for customers and users. Slovenia is aware of the negative aspects of late adoption of the decision and will therefore address the proposal as a priority issue. The adoption of a political agreement in the Transport, Telecommunications and Energy Council is anticipated.

 

Digital dividend

The proposals for the Council's conclusions on exploitation of the spectrum which will be released by way of the transition to digital broadcasting (digital dividend) are opening a significant aspect and establish a possibility for bridging the global digital divide. The digital dividend is a unique opportunity for meeting increasing demand for wireless communication services. Ensuring an adequate spectrum for major development and extending broadcasting services, the digital dividend also offers possibilities of expansion to other significant areas of spectrum exploitation, such as social and economic areas. Slovenia will strive to find an appropriate solution in drafting the conclusions in the Transport, Telecommunications and Energy Council in order to highlight the importance of a common approach to the use of the digital dividend.

 

Legislative package in the area of electronic communications

The proposal for a new legislative package in the area of electronic communications was adopted by the European Commission on 13 November 2007 and presented to the Council of Ministers at the session of 29 November 2007. The submitted legislative package represents a revision of the entire EU secondary legislation and consists of:

  • a proposal for a directive of the European Parliament and of the Council amending Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services, Directive 2002/19/EC on access to and interconnection of electronic communications networks and associated facilities, and Directive 2002/20/EC on the authorisation of electronic communications networks and services;
  • a proposal for a directive of the European Parliament and of the Council amending Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks, and Directive 2002/58/EC concerning the processing of personal data and protection of privacy in the electronic communications sector; and
  • a proposal for a Regulation of the European Parliament and of the Council on the establishment of a European electronic communications authority (EECMA).

 

The reform proposals of the Commission are divided into three pillars:

1. improving the regulatory framework for electronic communications competitiveness (reducing the ex-ante regulation where afforded by market development, simplifying market survey procedures, improving radio spectrum management by simplifying access to and use of the spectrum, and shifting to a more market-oriented spectrum distribution, the latter providing for higher competitiveness of wireless services and liberalisation of economic potentials of the spectrum;

2. completing the internal market for electronic communications (setting up an independent EU authority in the area of electronic communications, enhancing the independence of the regulatory bodies of the Member States and their available executive powers or mechanisms of enforcement, which should provide uniform implementation of the (de)regulation in the EU and equal conditions for operators in the single market); and

3. improving connectivity in line with the needs of the citizens (enhancing security and the privacy of users and customers).

As a priority, the focus will be on provisions associated with the radio spectrum and provisions relating to the regulation of electronic communications markets, and subsequently also on all other provisions (users' rights, wider choice for users through increased competition and security, etc.).

During and by the end of Slovenian Presidency, the first reading and adoption of progress reports regarding all three instruments is expected.

 

Postal services

Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on the common rules for the development of the internal market of Community postal services and the improvement of quality of services established the regulatory framework for the postal sector at the Community level, including measures to guarantee universal service and the setting of maximum limits for the postal services which Member States may reserve for their universal service provider(s) with a view to maintaining universal service, and a timetable for decision-making on the further opening of the market to competition for the purposes of creating a single market in postal services.

Due to the development initiated by technical progress, deregulation and resulting increasing competitiveness, the European postal markets have gone through radical changes in the last years. Globalisation requires a proactive approach directed towards development, otherwise Community citizens will be deprived of the benefits brought by such changes.

In the Conclusions of December 2006, the European Council emphasised that further liberalisation of postal markets, upon the simultaneous provision of financing of effective universal service, is an important step towards the strengthening of the internal market and European competitiveness. By bringing into force the draft Directive of the European Parliament and Council amending Directive 97/67/EC concerning the complete formation of the internal market, a period of over 10 years of gradual formation of the internal market of postal services will be completed. Timely adoption of the new Directive is important, because the currently applicable Directive expires on 31 December 2008. If the new Directive is not adopted by the expiry date, the general legislation on competition will enter into force and the sector will remain without special rules as regards general service. During the Slovenian Presidency, it is expected that the European Parliament will confirm the common position of the Council in its unchanged form and thus conclude the legislative procedure of adopting the Directive on postal services.

 

 

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Date: 31.12.2007