1. For the purpose of enabling roaming customers to access regulated voice, SMS and data roaming services, provided as a bundle by any alternative roaming provider, domestic providers operating a terrestrial public mobile communication network shall provide the necessary network elements and the relevant services that allow for the resale of retail roaming services, to the domestic provider’s customers by the alternative roaming provider in parallel to domestic mobile communication services without the need for the roaming customers to change their SIM card or mobile device.

However, a technical modality that gives effect to the obligation on domestic providers and roaming providers not to prevent customers from accessing regulated data roaming services provided directly on a visited network by an alternative roaming provider puts alternative data roaming providers in a position to provide local data roaming services, i.e. data roaming services without relying on a wholesale data roaming service.

Unsuccessful calls The Council is in favour of including the retention of data in relation to unsuccessful call attempts where that data is generated or processed, and stored (as regards telephony data) or logged (as regards Internet data) by providers of publicly available electronic communications services or of a public communications network within their jurisdiction in the process of supplying the communication services concerned.

It is true that Council Directive 92/44/EEC of 5 June 1992 on the application of open network provision to leased lines, amended by Commission Decision 94/439/EC (8), harmonizes the basic principles regarding the provision of leased lines, but it only harmonizes the conditions of access and use of leased lines. The aim of that Directive is not to remedy the conflict of interest of the telecommunications organizations as infrastructure and service providers. It does not impose a structural separation between the telecommunications organizations as providers of leased lines and as service providers. Complaints illustrate that even in Member States which have implemented that Directive, telecommunications organizations still use their control ...[+++]of the access conditions to the network at the expense of their competitors in the services market. Complaints show that telecommunications organizations still apply excessive tariffs and that they use information acquired as infrastructure providers regarding the services planned by their competitors, to target clients in the services market. Directive 92/44/EEC only provides for the principle of cost-orientation and does not prevent telecommunications organizations to use the information acquired as capacity provider as regards subscribers' usage patterns, necessary to target specific groups of users, and on price elasticities of demand in each service market segment and region of the country. The current regulatory framework does not resolve the conflict of interest mentioned above. The most appropriate remedy to this conflict of interest is therefore to allow service providers to use own or third party telecommunications infrastructure to provide their services to the final customers instead of the infrastructure of their main competitor. In its resolution of 22 December 1994 the Council also approved the principle that infrastructure provision should be liberalized.

The resources allocated to the programme are concentrated on a limited number of priorities: . improving the production infrastructure and organization of small businesses, in particular with regard to the adoption of a general strategy on quality and of quality certification (this kind of scheme is planned especially in regions lagging behind in their development - Objective 1 regions); . promoting and introducing technological innovations (for example the introduction of technologies to ensure safety and workers' health in Piedmont and support for technology transfer projects in Lombardy); . developing cooperation among businesses and between research centres (for example the development of CAD-CAM production systems in Sardinia and sup ...[+++]port for research and innovation projects in Umbria); . developing the networks among suppliers of services to small businesses and between large companies and their subcontractors in the small- business sector (in particular, the creation of a network for sharing experience with RD in the Veneto, the promotion of communications between service suppliers and small businesses in Emilia Romagna, the strengthening of links between large companies and their subcontractors in the small-business sector in Tuscany); . facilitating access by small businesses to new markets, including public procurement contracts, within the single market and in non- Community countries (for example, the promotion of contacts between firms in Basilicata and Calabria and international partners); . reinforcing entrepreneurial skills in Objective 1 regions.

Clause 47 contains new provisions for technological protection measures and rights management information as well as liability of providers of network services (or Internet service providers) or information location tools, at proposed sections 41 to 41.27 of the Act.