§ The Earl of Northeskasked Her Majesty's Government:
To what extent the European Commission will have powers over Oftel, and subsequently Ofcom, in the event that the European Commission's new framework for regulating electronic communications networks and services, as embodied in recently published directives, becomes law. [HL1076]
§ Lord Sainsbury of TurvilleThe proposal for a directive of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services, adopted by the European Commission on 12 July 2000, contains provisions in Article 6 (consultation and transparency mechanism) that would permit the Commission to require a national regulatory authority (e.g. Oftel and, subsequently, Ofcom) to amend or withdraw a draft measure under the new framework if the Commission had serious doubts as to the compatibility of the draft measure with Community law and, in particular, Article 7 (policy objectives and regulatory objectives) of the proposed directive.
The Government do not believe that it would be appropriate for the Commission to assume the role of arbiter of Community law in this area, nor do they believe that the Commission would be better able to judge measures proposed by national regulatory authorities without the local knowledge that those authorities possess. National and European courts would, in any event, be able to consider appeals against measures proposed by national regulatory 134WA authorities under Article 4 (right of appeal) of the proposed directive. Infraction proceedings against member states would continue to serve as the primary means for the Commission to address inadequate implementation of the new regulatory framework. The Commission's powers in this regard will be aided substantially by the establishment of clear objectives for national regulatory authorities and increased legal certainty about their tasks.
Nevertheless, the Government support the Commission's aim of ensuring that national regulatory authorities act similarly in similar circumstances, in the interests of the single market. The Council is now considering a different requirement in Article 6 for national regulatory authorities to include the Commission among the interested parties whom they consult on proposed measures for which consultation is appropriate. The Commission would be able to delay adoption of measures that it believed incompatible with Community law and to publish critical opinions. The Government believe that this would act as a powerful incentive to national regulatory authorities to act appropriately.