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Telecoms ministers meeting in Luxembourg yesterday (11 June) agreed to keep fighting with the European Parliament over Internet users' rights and proposed a new round of negotiations to settle this outstanding issue, thus blocking the entire telecoms package.
On 13 November 2007, the European Commission proposed a general review of the rules governing electronic communications. The package provided for the establishment of a new EU telecoms authority, the introduction of functional separation to spur competition, a review of radio spectrum management and a range of consumer protection measures (see EurActiv LinksDossier).
The new rules were approved by the European Parliament at first reading last September. But the EU Council of Ministers took divergent positions on many issues, triggering a range of inter-institutional negotiations which ended up with apparent compromises in March and April.
The most controversial issue has been the protection of Internet users. In a surprise move, the European Parliament blocked the reform in May by rejecting an earlier compromise with member states over the protection of Internet users' rights (EurActiv 07/05/09). The rejection came in response to a draft French anti-piracy bill, which had caused uproar among MEPs and consumer groups.
Ministers and diplomats were almost unanimous in opting for a hard line against the Parliament, which stands accused of breaching an earlier compromise reached with the Council on the telecoms package as a whole (EurActiv 07/05/09).
"It's a question of institutional pride," acknowledged Information Society Commisioner Viviane Reding after a two-hour ministerial debate on the telecoms package.
The next step is a conciliation procedure with the Parliament, dedicated solely to the controversial issue of copyright protection and users' rights. The future of the entire package rests on the outcome of the negotiations.
"We agreed that splitting the package is not a good idea. The package has to be adopted as a whole," explained Vladimir Tosovsky, the Czech minister in charge of the dossier and current president of the EU Council.
Even in the unlikely event that the package is split, the main piece of legislation, the so-called Framework Directive, will be held hostage by the conciliation procedure. Without its approval, the package will be stripped of key reviews of radio spectrum management and the powers of the Commission to harmonise the EU telecoms market.
The duration of the process is unpredictable. The two strands of the process are in fact completely opposed, and have been further radicalised by the recent partial blockage of a controversial French anti-piracy law, which triggered the controversy (EurActiv 11/06/09).
After the decision of the French Constitutional Council to ban pre-judicial actions against online pirates, the European Parliament is indeed set to insist on a pro-Web user stance.
Beyond the issue of institutional pride between MEPs and member states, there are concrete matters to defend too. Indeed, many countries never supported the reforms included in the telecoms package, and worked hard to water down the original proposals made by the Commission.
Failure to reach agreement might be the best solution for many, although it would leave the EU telecoms market at a sterile legal standstill.
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