At its 35^th urgent meeting of 17 January 2008, the Committee on EU Affairs of the National Assembly of the Republic of Slovenia discussed the draft position of the Republic of Slovenia on the Proposal for a Directive of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of electronic communications networks and services, and 2002/20/EC on the authorisation of electronic communications networks and services.

The Committee on EU Affairs adopted the following Position of the Republic of Slovenia:

The Republic of Slovenia supports the purpose and goals pursued by the proposed amendments to the regulatory framework for electronic communication networks and services. In principle, it supports the proposed amendments but believes that certain solutions and the arguments therefor will need to be reconsidered in terms of subsidiarity, proportionality, reducing administrative costs, and finding a balance in decision-making powers among the Commission, the Member States, and the national regulatory authorities. Furthermore, it notes that in terms of contents, certain amendments presented in the proposed Directive are inseparable from the proposal to establish a Community body regulating the electronic communications market, and should be dealt with parallel to the proposed Directive introducing such body.

Slovenia indeed understands the need for uniformity in market analyses, operators' liabilities and management of spectrum, but believes that national circumstances should be taken into account as appropriate. Slovenia thus supports a maximum degree of independence of national regulatory authorities, where possible.

In terms of improving market competitiveness, Slovenia welcomes the proposed amendments concerning facility sharing and co-location. The new provisions are more flexible and allow national regulatory authorities to take measures where such are needed for the development of competition at the level of infrastructure, highlighting at the same time the coordination of works in order to protect the environment, public health and public security. This is, according to Slovenia, a positive step forward compared to the current situation.

For Slovenia, the most important element of the proposed amendments to the Directive on access is the introduction of functional separation i.e. an obligation imposed on an undertaking. In principle, Slovenia supports such introduction, if such measure is decided by the competent national regulatory authority. This should, however, be an extreme measure, and stringent conditions need to apply for its adoption.

In the proposed amendments to the Directive on access, Slovenia still misses a satisfactory explanation for suspending the clause allowing national regulatory authorities to act at their own initiative when regulating access and interconnection.

As regards the radio spectrum policy, Slovenia generally agrees that there is a certain need for amendment. Harmonisation is needed, and possibly coordination at the EU level. This might help improve cross-border spectrum coordination among Member States. Slovenia however believes that Member States should retain control of the spectrum and its allocation. In principle, it supports the policies increasing the efficiency of spectrum use. As regards the proposed general authorisation, Slovenia believes that the value added of the new approach is questionable in practice. A number of exceptions to the general authorisation are expected due to technical and technological reasons.

It further notes that on many items the proposal envisages the adoption of implementing measures. In principle, it does not oppose them, yet it believes that the new regulatory framework should remain sufficiently understandable and transparent, and technical measures should not be interpreted too broadly.