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17.XI.94 The Governments of the Member States and the European Commission were represented as follows: Belgium: Mr Elio DI RUPO Deputy Prime Minister and Minister for Communications and Public Undertakings Denmark: Mr Frank JENSEN Minister for Research Germany: Mr Wolfgang BÖTSCH Federal Minister for Post and Telecommunications Mr Gerhard O. PFEFFERMANN State Secretary for Post and Telecommunications Greece: Mr Dimitrios ALABANOS State Secretary for Transport and Communications Spain: Mr José BORRELL FONTELLES Minister for Public Works, the Environment and Transport France: Mr José ROSSI Minister for Industry, Posts and Telecommunications and Foreign Trade Ireland: Mr John F. COGAN Deputy Permanent Representative Italy: Mr Roberto ROSSI Deputy Permanent Representative Luxembourg: Ms Mady DELVAUX-STEHRES Minister for Communications Netherlands: Ms Anne marie JORRITSMA - LEBBINK Minister for Transport and Public Works Portugal: Mr Joaquim FERREIRADO AMARAL Minister for Public Works, Transport and Communications United Kingdom: Mr Ian TAYLOR Parliamentary Under-Secretary of State, Department of Trade and Industry * * * Commission: Mr Martin BANGEMANN Member Mr Karel VAN MIERT Member * * * The following representatives of the four acceding countries attended as observers: Norway: Mr Kjell OPSETH Minister for Transport and Communications Austria: Mr Viktor KLIMA Minister for the Public Sector and Transport Finland: Mr Johan NORRBACK Minister for Transport and Communications Sweden: Mr Magnus PERSSON State Secretary for Transport and Communications EUROPEAN DATA-COMMUNICATIONS NETWORKS BETWEEN ADMINISTRATIONS (IDA) The Council discussed in detail, on the basis of a Presidency draft overall compromise, the draft Decision on support for the telematic interchange of data between administrations in the Community (IDA). The purpose of the Decision is to determine the Community's contribution to a number of projects which will enable national administrations and Community institutions and bodies to use data-communications systems to process and interchange the information necessary for the operation of the internal market and the implementation of common policies. At the end of the discussion, the Council noted that the sole remaining difference concerned the amount deemed necessary for the Community contribution to the projects. It therefore referred this question to the Permanent Representatives Committee for further examination, so that a decision could be taken before the end of the year. ADVANCED TELEVISION - USE OF STANDARDS FOR THE TRANSMISSION OF TELEVISION SIGNALS The Council agreed unanimously on the substance of its common position on the amended proposal for a European Parliament and Council Directive on the use of standards for the transmission of television signals. The purpose of the Directive is to repeal Directive 92/38/EEC in the light of market developments and recent technical advances; Directive 92/38/EEC provided for the switch from the current PAL and SECAM television systems to HDTV using the D2-MAC and HD-MAC transmission systems applicable to satellite and cable broadcasting. The new Directive provides for Member States to take measures to promote the accelerated development of advanced television services including wide-screen (16:9) television services, high-definition television services and television services using fully digital transmission systems. To that end the Directive lays down certain technical requirements which all television services transmitted to viewers, whether by cable, satellite or terrestrial means, will have to meet. The Directive also defines a series of rules for conditional access to digital Pay-TV. The common position will be formally adopted at a forthcoming Council meeting. SPACE SEGMENT CAPACITY - ACCESS AND PROVISION Further to the Commission communication entitled "Satellite communications: the provision of, and access to, space segment capacity", the Council agreed to the following Resolution on the further development of the Community's satellite communications policy, especially with regard to the provision of, and access to, space segment capacity; the Resolution will be formally adopted at a forthcoming meeting. "THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to the Communication of the Commission 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), 1. 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; 2. Whereas in its Resolution of 6 May 1994 on the Community and space, 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; 3. 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 liberalised environment, on comparable and effective access to third country markets, on the availability of suitable technology, and on attracting substantial private investment; (1) OJ No L 268, 19.10.1994, p. 15. (2) OJ No C 8, 14. 1.1992, p. 1. . Whereas these factors are, inter alia, essential elements to be taken into account to enable the satellite sector to make a 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 intergovernmental 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 co-operation 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." MUTUAL RECOGNITION OF LICENCES AND OTHER NATIONAL AUTHORIZATIONS The Council held a policy debate on the proposal for a Directive on a policy for the mutual recognition of licences and other national authorizations for the provision of satellite network services and/or satellite communications services. The debate covered the aim of the Directive, the instruments for achieving it, the definition and scope of mutual recognition and whether prior harmonization should be required, and the applicability of the Directive (which service providers were to benefit from its advantages). At the end of its debate, the Council instructed the Permanent Representatives Committee to resume its discussion of the proposal in the light of the approach which had been worked out, with the aim of reaching a common position at an early date. TELECOMMUNICATIONS INFRASTRUCTURES The Council discussed in detail the liberalization of telecommunications infrastructures and cable television networks on the basis of Part One of the Commission's Green Paper. At the end of the discussion, in which all delegations stressed their attachment to the principle of liberalizing these infrastructures, the Council approved the Resolution below on the timetable and arrangements for the liberalization of telecommunications infrastructures. After finalization, the Resolution will be formally adopted at a forthcoming Council meeting. "THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to the Commission communication of 25 October 1994 (3); Having regard to the conclusions of the meeting of 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 and the Council Resolution of 7 February 1994 on universal service principles in the telecommunications sector; 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 and whereas the liberalization of mobile and personal communications is in progress; (3) Green Paper on the liberalization of telecommunications infrastructure and cable television networks - Part One: Principles and schedule. 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 transition 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 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, namely through discussion in the appropriate framework; - fair competition; 4a. 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; 5. 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; 5a. WELCOMES that the Commission provides for a wide consultation of all interested parties of the Green Paper and in particular on its second part; 6. 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; 7. 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". DEVELOPMENT OF THE INTEGRATED SERVICES DIGITAL NETWORK (ISDN) AS A TRANS-EUROPEAN NETWORK The Council agreed on the substance, with the German delegation abstaining, of its common position on a proposal for a Decision on a set of guidelines for the development of the Integrated Services Digital Network (ISDN) as a trans-European network. The Council's common position will be formally adopted at a forthcoming meeting. The Council noted that the Commission intends very shortly to submit a report on the general framework for trans-European networks. Pending examination of that report, the United Kingdom delegation maintained a scrutiny reservation on the Decision. The Decision is needed in order to ensure effective co-ordination between Member States and the economic operators responsible for creating the basic infrastructure in the interests of harmonized introduction of ISDN services. The development of EURO-ISDN will have two objectives: - access to EURO-ISDN facilities, including basic services; - full geographic coverage by EURO-ISDN in all Member States, having regard to market needs, in particular to facilitate EURO-ISDN access by peripheral regions. The priorities for achieving the objectives are as follows: - to promote the use of EURO-ISDN by small and medium-sized enterprises in particular and by public organizations; - to contribute to the rapid availability of affordable testing equipment; - to promote access to less expensive terminal equipment and application software. In addition, the Decision identifies a series of projects of common interest. MOBILE AND PERSONAL COMMUNICATIONS Pending the Commission's presentation of the outcome of consultations on the Green Paper on "Mobile and personal communications", the Council noted a statement by Commissioner Bangemann summarizing the consultations. TELEMATICS APPLICATIONS IN EUROPEAN TRANSPORT The Council noted the Commission's oral presentation of the communication on telematics applications in European transport, which it had recently forwarded to the Council. The communication proposes a number of measures in the process of putting in place Europe's information society. MISCELLANEOUS DECISIONS (adopted without discussion) Anti-dumping The Council adopted Regulations: - imposing a definitive anti-dumping duty on imports of potassium permanganate falling within CN code 2841 60 10 originating in China. The duty will be ECU 1,26 per kilogram; - extending the provisional anti-dumping duty on imports of furfuraldehyde originating in China for two months (until 22 January 1995) (to complete the examination of the facts).