Press Release

22/10/2009

Telecom Package: Time running out for agreement between Parliament and Council. Alejo Vidal Quadras MEP

The European Parliament and the Council have agreed to formally open the process of conciliation on 4 November to attempt to reach an agreement on the Telecom Package. Despite having held several informal meetings, there is still no agreement on the pending provision adopted against all odds by Parliament during the last term.

The issue at stake is an amendment adopted by qualified majority which establishes that access to the internet is a fundamental right and that, as such, can only be restricted after a prior judicial ruling. The Council formally rejected this amendment in its meeting of 9 October which has kick-started the process of conciliation.

The main argument put forward by the Council for its rejection is that the requirement of a prior judicial ruling means that this legislation, based on Article 95 of the Treaty (Internal Market), would be harmonising the constitutional and judicial frameworks of Member States which is something that goes beyond Community competences and that, as a result, would be rejected by the European Court of Justice in the case of an appeal.

On the other hand, the European Parliament has not renounced from its demand that there needs to be a provision that would maximise the protection of the rights of the users and therefore is working hard to find an adequate formula that would guarantee that whatever measures taken to restrict internet access to citizens should be the result of a prior, fair and impartial process that would ensure the right to be heard and would also respect the principle of presumption of innocence as established by the European Convention for the Protection of Human Rights and Fundamental Freedoms. In this way, it wants to avoid that the competent authorities take arbitrary decisions that would undermine the right of internet users.

The Chairman of the Parliamentary Delegation, Alejo Vidal-Quadras MEP, explained: "It would be a shame not to reach an agreement with Council as it would throw away all the hard work Parliament has put into it for over two years and where a lot of significant advances have been achieved. We go to negotiations with a compromising spirit but firm in our defence of the rights of the users and committed in the development of a regulatory framework that would incentivise investments and that would open the market. We will do what we can to reach a good solution, but the Council has to understand that Parliament will defend, without hesitation, the freedom of the citizens it represents."

The Telecom Package consists of two Directives and a Regulation that furthers the liberalisation of the telecommunications sector with the goal of creating a regulatory framework that will promote investments and will facilitate the penetration of new technologies in the market. Furthermore, it introduces a long list of rights for consumers, mainly in the field of privacy and it increases protection against activities such as spam. As an example, prior consent of the user will be needed before the placing of 'cookies' on their PCs. It will allow users to keep their phone number when switching operators and it will have to be transferred within a day. It also confirms the illegality of sending emails with misleading information or with links to fraudulent websites. This legislation also forces providers to offer clear information about tariffs, contractual conditions and the speed of the connection. And if the operator should change these conditions, the consumer would have the right to terminate the contract without being penalised.

For further information:
Alejo Vidal-Quadras MEP, Tel: +32-2-2845322
Pedro López de Pablo, EPP Group Press Service, Tel: +32-475-493352

Notes to Editors:
The EPP Group is by far the largest political group in the European Parliament with 265 Members.