Traduction de «User-defined area » (Anglais → Français) :

Collective (or shared) use of spectrum — as an undetermined number of independent users and/or devices to access spectrum in the same range of frequencies at the same time and in a particular geographic area under a well-defined set of conditions — should be fostered where applicable, without prejudice to the provisions of Directive 2002/20/EC with regard to electronic communications networks and services.

The scope of the Directive should define explicitly that the ITS cover all road users, vehicles and infrastructure and the transport in urban areas.

Moreover, according to the case-law, although Member States have wide discretion to define what they regard as services of general economic interest, the definition of such services or tasks by a Member State can be questioned by the Commission in the event of a manifest error . In other words, although the determination of the nature and scope of an SGEI mission falls within the competence and discretionary powers of Member States, such competence is neither unlimited nor can it be exercised arbitrarily . In particular, for an activity to be considered as an SGEI, it should exhibit special characteristics as compared with ordinary econo ...[+++]mic activities . In this respect, the Commission will consider that in areas where private investors have already invested in a broadband network infrastructure (or are in the process of expanding further their network infrastructure) and are already providing competitive broadband services with an adequate broadband coverage, setting up a parallel competitive and publicly-funded broadband infrastructure should not be considered as an SGEI within the meaning of Article 86 of the Treaty . Where however it can be demonstrated that private investors may not be in a position to provide in the near future adequate broadband coverage to all citizens or users leaving thus a significant part of the population unconnected, a public service compensation may be granted to an undertaking entrusted with the operation of an SGEI provided that the conditions set out in paragraphs 25 to 29 are met.

The document defines a number of principles which guide the Commission's policies in the area of services of general interest, such as: maintaining high levels of quality; security and safety; ensuring consumer and user rights; enabling regulation as close as possible to citizens and enterprises; ensuring cohesion and universal access; respecting diversity; performance evaluation; transparency and legal certainty.

In these areas defined under the 1998 regulatory framework, NRAs had the power to designate undertakings as having significant market power when they possessed 25 % market share, with the possibility to deviate from this threshold taking into account the undertaking's ability to influence the market, its turnover relative to the size of the market, its control of the means of access to end-users, its access to financial resources and its experience in providing products and services in the market.

RELATIONS WITH THE UNITED STATES - COUNCIL CONCLUSIONS "The Council Recalls the importance of its conclusions of 15 March 1993 and 14 March 1995 concerning the Community's external relations in the air transport sector; Considers that air routes between the Member States and the United States are of major importance to Community carriers; Stresses the need to strengthen the competitiveness of Community carriers on these routes and to take account of the interests of users and of the different regions of the Community; Takes note of the work to ensure that the positions of the Member States are consistent wherever needed; Agrees on the need to continue examining the recommendation for a decision on the negotiations with the United States ...[+++] and the reflections under way on the definition of a platform of common principles; and in this context asks the Commission to carry out a detailed analysis showing whether Community-level negotiations would objectively obtain better results for all Member States and to define a common interest; In this connection requests the Commission better to define the economic implications of comprehensive negotiations for the Community and its Member States in each of the areas identified within the Working Party on Aviation; Stresses the need to study further the problems raised, especially the legal problems, particularly in the light of Opinion 1/94 of the Court of Justice of the European Communities; Consequently calls upon the Permanent Representatives Committee, assisted by the Working Party on Aviation, to prepare a fresh report for the Council meeting in December 1995 suggesting guidelines or priority decisions, in the light also of the detailed analysis of the above elements".