97/114/EC: Commission Decision of 27 November 1996 concerning the additional implementation periods requested by Ireland for the implementation of Commission Directives 90/388/EEC and 96/2/EC as regards full competition in the telecommunications markets (Only the English text is authentic) (Text with EEA relevance)

• Articles: 5

Article 1

Ireland may postpone until 1 January 2000 the abolition of the exclusive rights currently granted to Telecom Eireann as regards the provision of voice telephony and the establishment and provision of public telecommunications networks provided that the conditions set out in Article 4 are implemented according to the timetable laid down therein.

Article 2

Ireland may postpone until 1 January 1999 the lifting of restrictions on the direct interconnection of mobile telecommunications networks with foreign networks provided that the conditions set out in Article 4 are implemented according to the timetable laid down therein.

Article 3

Ireland may postpone until 1 July 1997 the lifting of restrictions on the provision of already liberalized telecommunications services on:

(a) networks established by the provider of the telecommunications service,

(b) infrastructures provided by third parties, and

(c) the sharing of networks, other facilities and sites.

Article 4

By way of derogation from the deadlines set out for this purpose in Directive 90/388/EEC, as amended by Directive 96/19/EC, the Irish Government shall inform the Commission of the implementation in national law of the following obligations according to the following timetable:

- no later than 1 April 1997 instead of 1 July 1996: publication of all measures necessary to lift restrictions on the provision of already liberalized telecommunications services on:

(a) networks established by the provider of the telecommunications service,

(b) infrastructures provided by third parties, and

(c) the sharing of networks, other facilities and sites,

- before 1 April 1998: publication of proposed legislative changes to implement full competition and remove all restrictions by 1 January 2000, including proposals for the funding of universal services,

- before 1 November 1998: adoption of those legislative changes,

- no later than 1 January 1999 instead of 1 January 1997: notification to the Commission of draft licences for voice telephony and/or underlying network providers,

- no later than 1 April 1999 instead of 1 July 1997: publication of licensing conditions for all services and of interconnection charges as appropriate in accordance in both cases with relevant EU Directives,

- no later than 1 November 1999: award of licences and amendment of existing licences to enable competitive provision of voice telephony and unrestricted interconnection of mobile networks from 1 January 2000 instead of 1 January 1998.

The Irish Government shall moreover inform the Commission at the latest three months after notification of this Decision of the measures taken to:

- achieve transparency as regards any involvement of Telecom Eireann alongside its strategic partners PTT Telecom and Telia, or Unisource, in investments outside Ireland during the additional time period granted pursuant to Article 1,

- ensure that Telecom Eireann does not make use of its additional statutory protection to extend its dominant position in the public payphone market or the cable TV industry and in the short term ensure that Cablelink is managed at arm's length of Telecom Eireann as long as Telecom Eireann remains the controlling shareholder.

Article 5

This Decision is addressed to Ireland.

Done at Brussels, 27 November 1996.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No L 192, 24. 7. 1990, p. 10.

(2) OJ No L 74, 22. 3. 1996, p. 13.

(3) OJ No L 20, 26. 1. 1996, p. 59.

(4) OJ No C 169, 13. 6. 1996, p. 5.

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

(6) OJ No C 379, 31. 12. 1994, p. 4.

(7) OJ No C 275, 20. 10. 1995, p. 2.

(8) Coin and card technology (CCT), p. 4.

(9) Tarifica study implemented for European Commission - DG XIII.

(10) A direct comparison of the telephony tariffs of Telecom Eireann with the Community average (which is not a weighted average) would not be appropriate, given that the tariff structures of the 15 Community TO's are still widely divergent and in addition, given that they are currently in the process of rebalancing tariffs.

(11) Esat Telecom, p. 34, No 49.

(12) ITL, p. 8.

(13) Household size in Ireland is, according to the Irish request, 3,2 people, e.g. larger than in most other EU Member States. This reduces the potential for additional residential penetration.

(14) Cable & Wireless, p. 4.

(15) Esat Telecom, p. 13.

(16) OJ No L 256, 26. 10. 1995, p. 49.

(17) OJ No L 165, 19. 6. 1992, p. 27.

(18) Data computed by Tarifica for the Commission - DG XIII.

(19) See in particular, Cable & Wireless, p. 2.

(20) ITL, p. 8.