Legal provisions of COM(1995)224-2 - Series of guidelines for trans-European telecommunications networks (presented by the Commission)

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dossier COM(1995)224-2 - Series of guidelines for trans-European telecommunications networks (presented by the Commission).
document COM(1995)224 EN
date June 17, 1997


Contents

Article 1

This Decision establishes guidelines covering the objectives, priorities and broad lines of measures envisaged in the sphere of trans-European networks in the area of telecommunications infrastructure. These guidelines identify projects of common interest by listing those projects in Annex I and by laying down the procedure and criteria for the specification thereof.

Article 2

The Community shall support the interconnection of networks in the sphere of telecommunications infrastructure, the establishment and development of interoperable services and applications as well as access to them, with the objectives of:

- facilitating the transition towards the information society, as well as providing experience on the effects of the deployment of new networks and applications on social activities and promoting the satisfaction of social and cultural needs and improving the quality of life,

- improving the competitiveness of Community firms, in particular SMEs, and strengthening the internal market,

- strengthening economic and social cohesion, taking account in particular of the need to link island, land-locked and peripheral regions to the central regions of the Community,

- accelerating the development of new growth-area activities leading to job creation.

Article 3

The priorities for the realization of the objectives referred to in Article 2 shall be:

- study and validation of the technical and commercial feasibility, followed by the deployment of applications supporting the development of a European information society, in particular applications of collective interest,

- study and validation of feasibility, followed by the deployment of applications contributing to economic and social cohesion, by improving access to information throughout the Community and building on European cultural diversity,

- stimulation of trans-boundary interregional initiatives and of initiatives involving regions, in particular the less-favoured ones, for the launch of trans-European telecommunications services and applications,

- study and validation of feasibility, followed by the deployment of applications and services contributing to the strengthening of the internal market and job creation, in particular those offering to SMEs means to improve their competitiveness in the Community and at world level,

- identification, study and validation of the technical and commercial feasibility, followed by the deployment of trans-European generic services providing seamless access to all kinds of information, including in rural and peripheral regions, and interoperable with equivalent services at world level,

- study and validation of the feasibility of new integrated broadband communication (IBC) networks, where required for such applications and services, and promotion of the interconnectivity of such networks,

- identification and removal of gaps and missing links for effective interconnection and interoperability of all the components of telecommunications networks in the Community and at world level, with particular emphasis on basic telecommunications networks as defined in Annex I.

Article 4

The broad lines of measures to be implemented for achieving the objectives defined in Article 2 shall cover:

- specification of projects of common interest by the establishment of a work programme,

- actions aimed at increasing the awareness of individuals, economic operators and administrations of the benefits they can derive from the new advanced trans-European telecommunications services and applications,

- actions aimed at the stimulation of combined initiatives by users and providers to launch projects in the sphere of trans-European telecommunications networks, in particular IBC networks,

- support, within the framework of the methods laid down in the Treaty, for actions to study and validate the feasibility, followed by the deployment, of applications, in particular applications of collective interest, and encouragement of the establishment of public/private collaboration, in particular through partnerships,

- stimulation of the supply and use of services and applications for SMEs and professional users, which constitute a source of employment and growth,

- promotion of interconnectivity of networks, of interoperability of broadband services and applications and of the infrastructure they require, in particular for multimedia applications, and of interoperability between existing and broadband services and applications.

Article 5

The development of trans-European networks in the sphere of telecommunications infrastructure shall be undertaken under this Decision through the implementation of projects of common interest. The projects of common interest are listed in Annex I.

Article 6

In accordance with Articles 7, 8 and 9, projects of common interest listed in Annex I shall be specified, using the criteria listed in Annex II. The projects identified are eligible for Community support in compliance with Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of Community financial aid in the field of trans-European networks (11).

Article 7

1. On the basis of Annex I the Commission, following consultation of the sector operators and taking the other trans-European network policies into account, shall prepare a work programme, adopted in accordance with the procedure laid down in Article 8, and subsequently proceed with calls for proposals.

2. The Commission shall verify that the projects relating to the territory of a Member State are approved by the Member State concerned.

Article 8

1. The Commission shall be responsible for the implementation of this Decision.

2. For the cases specified in Article 9 (1), the Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.

The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority provided for in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the Member States' representatives within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

If the measures envisaged are not in accordance with the committee's opinion, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by qualified majority.

If, on expiry of a period of three months from referral of the matter to the Council, the latter has not acted, the proposed measures shall be adopted by the Commission.

Article 9

1. The procedure laid down in Article 8 shall apply to:

- the preparation and updating of the work programme referred to in Article 7,

- the determination of the content of calls for proposals,

- the specification of projects of common interest using the criteria set out in Annex II,

- the determination of supplementary support and coordination actions,

- the measures to be taken to evaluate the implementation of the work programme on a financial and technical level.

2. The Commission shall inform the committee, at each of its meetings, of the progress made in implementing the work programme.

Article 10

This Decision shall apply to the Integrated Services Digital Network (ISDN) without prejudice to Decision No 2717/95/EC of the European Parliament and of the Council.

Article 11

Member States shall take all the measures necessary to facilitate the implementation of the projects of common interest in conformity with Community rules. The authorization procedures which may be necessary shall be completed as quickly as possible in conformity with Community legislation.

Article 12

This Decision shall not prejudice any financial commitment by a Member State or the Community.

Article 13

The participation of third countries, in particular countries party to the Agreement on the European Economic Area or having concluded an Association Agreement with the Community, may be authorized by the Council on a case-by-case basis, in accordance with the procedure laid down in Article 228 of the Treaty, in order to allow them to contribute to the implementation of projects of common interest, and to promote the interconnection and interoperability of telecommunications networks, provided that it does not entail an increase in Community aid.

Article 14

Every three years the Commission shall submit a report on the implementation of this Decision to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.

The report shall contain an evaluation of the results achieved with Community support in the various project fields in relation to the overall objectives and shall contain an assessment of the social and societal impact of the introduction of the applications after they are deployed.

Together with that report, the Commission shall submit appropriate proposals for revision of Annex I to this Decision on the basis of technical developments and experience gained.

In the absence of a decision by 31 December of the fourth year, Annex I shall be deemed to have lapsed except in respect of calls for proposals which have already been published in the Official Journal of the European Communities prior to that date.

Article 15

This Decision is addressed to the Member States.