# Official Journal L 86/27 M

| | ISSN 1725-2555 |
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| Official Journal
  of the European Union | L 86 |
| | |
| English edition | Legislation | Volume 5027 March 2007 |

ISSN 1725-2555

Official Journal

of the European Union

L 86

English edition

Legislation

Volume 5027 March 2007

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| Contents | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2007/175/EC |
| | * | Commission Decision of 19 July 2006 on the measure No C 35/2005 (ex N 59/2005 which the Netherlands are planning to implement concerning a broadband infrastructure in Appingedam
  (notified under document number C(2006) 3226)


   (
  1
  ) | 1 |
| | | 2007/176/EC |
| | * | Commission Decision of 11 December 2006 establishing a list of standards and/or specifications for electronic communications networks, services and associated facilities and services and replacing all previous versions
  (notified under document number C(2006) 6364)


   (
  1
  ) | 11 |
| | | 2007/177/EC |
| | * | Decision No 1/2006 of the Joint Management Committee set up under the Agreement between the European Community and the Republic of Chile on sanitary and phytosanitary measures applicable to trade in animals and animal products, plants and plant products and other goods and animal welfare of 9 November 2006 amending Appendices IC, IIIA, IIIB and XI to Annex IV to the Agreement | 20 |

Contents

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

page

DECISIONS

Commission

2007/175/EC

*

Commission Decision of 19 July 2006 on the measure No C 35/2005 (ex N 59/2005 which the Netherlands are planning to implement concerning a broadband infrastructure in Appingedam
  (notified under document number C(2006) 3226)


   (
  1
  )

(notified under document number C(2006) 3226)

(
  1

1

2007/176/EC

*

Commission Decision of 11 December 2006 establishing a list of standards and/or specifications for electronic communications networks, services and associated facilities and services and replacing all previous versions
  (notified under document number C(2006) 6364)


   (
  1
  )

(notified under document number C(2006) 6364)

(
  1

11

2007/177/EC

*

Decision No 1/2006 of the Joint Management Committee set up under the Agreement between the European Community and the Republic of Chile on sanitary and phytosanitary measures applicable to trade in animals and animal products, plants and plant products and other goods and animal welfare of 9 November 2006 amending Appendices IC, IIIA, IIIB and XI to Annex IV to the Agreement

20

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
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EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

| 27.3.2007 | EN | Official Journal of the European Union | L 86/1 |
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27.3.2007

EN

Official Journal of the European Union

L 86/1

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COMMISSION DECISION

of 19 July 2006

on the measure No C 35/2005 (ex N 59/2005, which the Netherlands are planning to implement concerning a broadband infrastructure in Appingedam

(notified under document number C(2006) 3226)

(Text with EEA relevance)

(2007/175/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,

Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,

Having called on interested parties to submit their comments pursuant to the provision(s) cited above (1) and having regard to their comments,

Whereas:

I.   PROCEDURE

| (1) | By letter dated 2 November 2004 (and registered under CP 212/2004 on 18 November 2004), Essent Kabelcom (hereafter: Essent), a cable operator, filed an informal complaint with the Commission. The complaint concerns the public funding of a fibre access network (‘Fibre To The Home’ or ‘FTTH’) in Appingedam, a town in the north of the Netherlands. Essent later confirmed that the complaint should be qualified as a formal complaint. |
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(1)

By letter dated 2 November 2004 (and registered under CP 212/2004 on 18 November 2004), Essent Kabelcom (hereafter: Essent), a cable operator, filed an informal complaint with the Commission. The complaint concerns the public funding of a fibre access network (‘Fibre To The Home’ or ‘FTTH’) in Appingedam, a town in the north of the Netherlands. Essent later confirmed that the complaint should be qualified as a formal complaint.

| (2) | Essent, which is the second largest cable operator in the Netherlands and which also operates a cable network in Appingedam, had also lodged an appeal in a Dutch court in September 2004 (2). The court ordered the municipality on the basis of Article 88(3) EC Treaty to notify the plans to build the network in Appingedam and to grant aid to the Commission and to suspend the further roll-out of the network. |
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(2)

Essent, which is the second largest cable operator in the Netherlands and which also operates a cable network in Appingedam, had also lodged an appeal in a Dutch court in September 2004 (2). The court ordered the municipality on the basis of Article 88(3) EC Treaty to notify the plans to build the network in Appingedam and to grant aid to the Commission and to suspend the further roll-out of the network.

2

| (3) | By letter registered on 3 February 2005, the Dutch authorities notified the measure to the Commission ‘for reasons of legal certainty’, asserting that the measure did not constitute aid. On 31 March 2005, the Commission requested further information from the Dutch authorities. The authorities, after an extension of the deadline, replied by letter of 4 August 2005, registered on 16 August 2005. |
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(3)

By letter registered on 3 February 2005, the Dutch authorities notified the measure to the Commission ‘for reasons of legal certainty’, asserting that the measure did not constitute aid. On 31 March 2005, the Commission requested further information from the Dutch authorities. The authorities, after an extension of the deadline, replied by letter of 4 August 2005, registered on 16 August 2005.

| (4) | By letter dated 20 October 2005, the Commission informed the Dutch authorities that it had decided to initiate the formal investigation procedure laid down in Article 88(2) of the EC Treaty with respect to the measure at hand (‘decision to initiate the procedure’). The decision to initiate the procedure was published in the Official Journal of the European Union of 16 December 2005. (3) The Commission called on interested parties to submit their comments on the measure. |
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(4)

By letter dated 20 October 2005, the Commission informed the Dutch authorities that it had decided to initiate the formal investigation procedure laid down in Article 88(2) of the EC Treaty with respect to the measure at hand (‘decision to initiate the procedure’). The decision to initiate the procedure was published in the Official Journal of the European Union of 16 December 2005. (3) The Commission called on interested parties to submit their comments on the measure.

Official Journal of the European Union

3

| (5) | The Dutch authorities responded by letter of 3 January 2006 to the request for comments in the decision to initiate the procedure. The Commission further received comments from the following interested parties:






  — | Essent Kabelcom B.V., received by letter dated 13 January 2006; |
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(5)

The Dutch authorities responded by letter of 3 January 2006 to the request for comments in the decision to initiate the procedure. The Commission further received comments from the following interested parties:

—

Essent Kabelcom B.V., received by letter dated 13 January 2006;

| — | VECAI, received by letter dated 13 January 2006; |
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—

VECAI, received by letter dated 13 January 2006;

| — | An industry association which requested not to reveal its identity, received by letter dated 16 February 2006; |
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—

An industry association which requested not to reveal its identity, received by letter dated 16 February 2006;

| (6) | The comments from the interested parties were sent to the Dutch authorities on 3 May 2006. The authorities informed the Commission on 7 June 2006 that they did not have any comments with regard to the observations received. |
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(6)

The comments from the interested parties were sent to the Dutch authorities on 3 May 2006. The authorities informed the Commission on 7 June 2006 that they did not have any comments with regard to the observations received.

II.   DESCRIPTION OF THE MEASURE

II.1.   Background

| (7) | The municipality of Appingedam considers that public intervention is needed to address the non-pervasive supply of advanced broadband (4) services to companies and citizens by supporting the deployment of a glass fibre access network (‘Fibre To The Home’, ‘FTTH’) in Appingedam. According to the municipality, Essent and telecommunications operator KPN provide broadband access in Appingedam, but they do not provide ‘advanced broadband services’. The municipality decided to participate financially in the project after private investors and operators had shown no interest to take part in the project on market terms. |
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(7)

The municipality of Appingedam considers that public intervention is needed to address the non-pervasive supply of advanced broadband (4) services to companies and citizens by supporting the deployment of a glass fibre access network (‘Fibre To The Home’, ‘FTTH’) in Appingedam. According to the municipality, Essent and telecommunications operator KPN provide broadband access in Appingedam, but they do not provide ‘advanced broadband services’. The municipality decided to participate financially in the project after private investors and operators had shown no interest to take part in the project on market terms.

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II.2.   The envisaged measure

| (8) | The passive layer of the planned glass fibre network (rights of way, ducts, fibres, etc.) would be owned by a public foundation (‘Stichting Glasvezelnet Appingedam’, hereafter: ‘the foundation’) set up and controlled by the municipality. The investment in the passive layer is estimated at € 4,9 million. The municipality of Appingedam will provide either a loan or a guarantee for a loan for that amount. Initially, it was not foreseen that the construction of the passive layer would be tendered out. However, the municipality decided, as stated in the letter of the Dutch authorities of 4 August 2005, that the construction of the passive layer would be subject to a public procurement procedure. |
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(8)

The passive layer of the planned glass fibre network (rights of way, ducts, fibres, etc.) would be owned by a public foundation (‘Stichting Glasvezelnet Appingedam’, hereafter: ‘the foundation’) set up and controlled by the municipality. The investment in the passive layer is estimated at € 4,9 million. The municipality of Appingedam will provide either a loan or a guarantee for a loan for that amount. Initially, it was not foreseen that the construction of the passive layer would be tendered out. However, the municipality decided, as stated in the letter of the Dutch authorities of 4 August 2005, that the construction of the passive layer would be subject to a public procurement procedure.

passive layer

| (9) | On the basis of the passive layer, an active network would be operated which provides wholesale services to service providers who would offer broadband services to end users (households and businesses). The costs of the active layer (telecommunications equipment, network management, etc.) are estimated at € 1 to 1,3 million. The active components have, according to the Dutch authorities, an estimated lifecycle of 5 to 8 years. |
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(9)

On the basis of the passive layer, an active network would be operated which provides wholesale services to service providers who would offer broadband services to end users (households and businesses). The costs of the active layer (telecommunications equipment, network management, etc.) are estimated at € 1 to 1,3 million. The active components have, according to the Dutch authorities, an estimated lifecycle of 5 to 8 years.

active network

| (10) | The authorities initially stated that the active layer would be owned and financed by an entity (‘Stichting Damsternet’) set up by private investors. Not all potential private investors were known at the initial stage of the project. According to the authorities, [...], [...] and [...] had initially shown an interest. |
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(10)

The authorities initially stated that the active layer would be owned and financed by an entity (‘Stichting Damsternet’) set up by private investors. Not all potential private investors were known at the initial stage of the project. According to the authorities, [...], [...] and [...] had initially shown an interest.

| (11) | However, in their letter of 4 August 2005, the authorities stated that the municipality would in fact tender out the concession for the active layer, including the operation of the network, to an operator (hereafter ‘the operator’). According to the information available to the Commission, it is not envisaged that other providers of electronic communications services than the operator would have direct access to the passive layer. |
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(11)

However, in their letter of 4 August 2005, the authorities stated that the municipality would in fact tender out the concession for the active layer, including the operation of the network, to an operator (hereafter ‘the operator’). According to the information available to the Commission, it is not envisaged that other providers of electronic communications services than the operator would have direct access to the passive layer.

| (12) | It is unclear under which financial terms the concession would be granted. The draft concession agreement submitted to the Commission lays down that the concession holder would pay a concession fee to the foundation on an annual basis. The foundation would claim ‘a payment which equals a maximum of 80 % of the generated annual cash flow’. In case of a negative cash flow, the foundation would not claim the payment of the fee. In that case it would only claim a minimal payment as laid down in an annex to the concession agreement. The annex to the concession agreement submitted to the Commission does however not set out the amount or conditions of the foreseen payments. |
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(12)

It is unclear under which financial terms the concession would be granted. The draft concession agreement submitted to the Commission lays down that the concession holder would pay a concession fee to the foundation on an annual basis. The foundation would claim ‘a payment which equals a maximum of 80 % of the generated annual cash flow’. In case of a negative cash flow, the foundation would not claim the payment of the fee. In that case it would only claim a minimal payment as laid down in an annex to the concession agreement. The annex to the concession agreement submitted to the Commission does however not set out the amount or conditions of the foreseen payments.

II.3.   Product or service markets concerned

| (13) | In case the FTTH network in Appingedam would be built, providers of electronic communications services would use the wholesale access provision to offer retail broadband services to end users. Therefore, both the wholesale as well as the retail markets in Appingedam are affected by the introduction of the planned FTTH network financed by the municipality. |
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(13)

In case the FTTH network in Appingedam would be built, providers of electronic communications services would use the wholesale access provision to offer retail broadband services to end users. Therefore, both the wholesale as well as the retail markets in Appingedam are affected by the introduction of the planned FTTH network financed by the municipality.

| (14) | As regards the retail market for broadband services in Appingedam, both KPN and Essent offer broadband services to end users: Essent currently offers up to 5Mbit/s and KPN currently up to 6 Mbit/s. Both Essent and KPN offer ‘triple play’ services (telephony, internet, digital/analogue TV). Other Internet Service Providers are also in the position to offer broadband services based on the wholesale offers of KPN. According to information available to the Commission, Essent will offer 8 Mbit/s and for its high end product even 15 Mbit/s in the course of 2006 (5). Moreover, both KPN and Essent have the technical possibilities to further increase, on the basis of their existing networks, the bandwidth capacity of their service offerings. |
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(14)

As regards the retail market for broadband services in Appingedam, both KPN and Essent offer broadband services to end users: Essent currently offers up to 5Mbit/s and KPN currently up to 6 Mbit/s. Both Essent and KPN offer ‘triple play’ services (telephony, internet, digital/analogue TV). Other Internet Service Providers are also in the position to offer broadband services based on the wholesale offers of KPN. According to information available to the Commission, Essent will offer 8 Mbit/s and for its high end product even 15 Mbit/s in the course of 2006 (5). Moreover, both KPN and Essent have the technical possibilities to further increase, on the basis of their existing networks, the bandwidth capacity of their service offerings.

retail market

5

| (15) | As regards the wholesale markets, the intervention by the municipality of Appingedam is aimed at the provision, through the operator, of a wholesale glass fibre access network and wholesale high-bandwidth broadband services over fibre (6). As regards the wholesale markets identified in the Commission Recommendation on relevant markets (7), two specific markets seem to be — directly or indirectly — concerned by the proposed measure. These appear to be, the market for wholesale unbundled access to local loops (market 11 of the Recommendation) and the market for wholesale broadband access (market 12 of the Recommendation). In Appingedam, KPN offers wholesale access to infrastructure and services necessary for the provision of broadband services (8). |
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(15)

As regards the wholesale markets, the intervention by the municipality of Appingedam is aimed at the provision, through the operator, of a wholesale glass fibre access network and wholesale high-bandwidth broadband services over fibre (6). As regards the wholesale markets identified in the Commission Recommendation on relevant markets (7), two specific markets seem to be — directly or indirectly — concerned by the proposed measure. These appear to be, the market for wholesale unbundled access to local loops (market 11 of the Recommendation) and the market for wholesale broadband access (market 12 of the Recommendation). In Appingedam, KPN offers wholesale access to infrastructure and services necessary for the provision of broadband services (8).

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II.4.   Reasons for initiating the formal investigation procedure

| (16) | In its opening decision, the Commission expressed reservations with regard to the compatibility of the measure with the Common market on the basis of Article 87(3)(c) of the EC Treaty. Relating to the necessity of the measure, the opening decision questioned whether the situation in Appingedam could actually be described as featuring elements of ‘market failure’. |
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(16)

In its opening decision, the Commission expressed reservations with regard to the compatibility of the measure with the Common market on the basis of Article 87(3)(c) of the EC Treaty. Relating to the necessity of the measure, the opening decision questioned whether the situation in Appingedam could actually be described as featuring elements of ‘market failure’.

| (17) | It was stated in the opening decision that broadband access was in fact available in Appingedam, although the broadband services currently provided are not entirely comparable with the services which could be offered over the planned network. Consequently, it was considered that there is an important overlap of network coverage and services offered between existing networks and the envisaged measure. |
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(17)

It was stated in the opening decision that broadband access was in fact available in Appingedam, although the broadband services currently provided are not entirely comparable with the services which could be offered over the planned network. Consequently, it was considered that there is an important overlap of network coverage and services offered between existing networks and the envisaged measure.

| (18) | The Commission also stated that it was difficult to envisage applications or services for citizens and businesses which could not be deployed using broadband services delivered over the existing networks. It was considered that the degree of substitutability between retail and wholesale services delivered over the envisaged FTTH network on the one hand and services delivered over the existing networks on the other hand were high. Hence, the potential distortion of competition by the measure was expected to remain very high for the foreseeable future. |
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(18)

The Commission also stated that it was difficult to envisage applications or services for citizens and businesses which could not be deployed using broadband services delivered over the existing networks. It was considered that the degree of substitutability between retail and wholesale services delivered over the envisaged FTTH network on the one hand and services delivered over the existing networks on the other hand were high. Hence, the potential distortion of competition by the measure was expected to remain very high for the foreseeable future.

| (19) | The measure foreseen by the authorities would entail a serious risk that State intervention would crowd out existing and future investments by market players. Accordingly, it was expressed in the opening decision that it would under these circumstances also be questionable whether the foreseen measure and the use of the aid instrument as such were proportionate. |
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(19)

The measure foreseen by the authorities would entail a serious risk that State intervention would crowd out existing and future investments by market players. Accordingly, it was expressed in the opening decision that it would under these circumstances also be questionable whether the foreseen measure and the use of the aid instrument as such were proportionate.

III.   OBSERVATIONS RECEIVED BY THE COMMISSION

III.1.   Observations by third parties

| (20) | The Commission has received comments from three interested parties: Essent, Vecai and one industry association requesting anonymity. |
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(20)

The Commission has received comments from three interested parties: Essent, Vecai and one industry association requesting anonymity.

| (21) | Cable operator Essent states, referring to a report published by the CPB (9), that there is no market failure present in Appingedam. The CPB investigated the possible presence of market failure in the broadband market in the Netherlands (10) and found that there are no significant market failures present in the Dutch broadband market. Policy measures can, according to the report, hardly be based on the argument of market failure. According to Essent, the Minister of Economic Affairs supported the conclusion of the CPB in a letter to the Dutch parliament of 5 December 2005, which was submitted to the Commission. |
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(21)

Cable operator Essent states, referring to a report published by the CPB (9), that there is no market failure present in Appingedam. The CPB investigated the possible presence of market failure in the broadband market in the Netherlands (10) and found that there are no significant market failures present in the Dutch broadband market. Policy measures can, according to the report, hardly be based on the argument of market failure. According to Essent, the Minister of Economic Affairs supported the conclusion of the CPB in a letter to the Dutch parliament of 5 December 2005, which was submitted to the Commission.

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10

| (22) | Essent also states that Appingedam cannot be considered a peripheral area with socio-economic arrears. The services the municipality wants to offer for education, healthcare and elderly care can in fact be offered through the existing networks. Essent states that it supports the Commission's conclusion that it is not clear what applications or services could be offered on the FTTH network that cannot be offered through the existing networks. Moreover, the prices of broadband access in Appingedam are, according to Essent, not higher than elsewhere in the Netherlands. |
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(22)

Essent also states that Appingedam cannot be considered a peripheral area with socio-economic arrears. The services the municipality wants to offer for education, healthcare and elderly care can in fact be offered through the existing networks. Essent states that it supports the Commission's conclusion that it is not clear what applications or services could be offered on the FTTH network that cannot be offered through the existing networks. Moreover, the prices of broadband access in Appingedam are, according to Essent, not higher than elsewhere in the Netherlands.

| (23) | VECAI, the trade association of cable companies in the Netherlands, considers the proposed state aid measure to be incompatible with Article 87(3)(c) of the EC Treaty. Government funding in this sector would, according to VECAI, directly distort competition in a highly competitive market. |
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(23)

VECAI, the trade association of cable companies in the Netherlands, considers the proposed state aid measure to be incompatible with Article 87(3)(c) of the EC Treaty. Government funding in this sector would, according to VECAI, directly distort competition in a highly competitive market.

| (24) | There is, according to VECAI, no market failure present in the market for broadband services in the Netherlands. To substantiate its statement, VECAI also refers to the report of the CPB and the letter of the Minister of Economic Affairs also mentioned by Essent. The currently available infrastructures are capable of supporting highly advanced broadband services. The proposed investments would, according to VECAI, duplicate rather than complement existing infrastructures. |
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(24)

There is, according to VECAI, no market failure present in the market for broadband services in the Netherlands. To substantiate its statement, VECAI also refers to the report of the CPB and the letter of the Minister of Economic Affairs also mentioned by Essent. The currently available infrastructures are capable of supporting highly advanced broadband services. The proposed investments would, according to VECAI, duplicate rather than complement existing infrastructures.

| (25) | VECAI also states that Appingedam cannot be considered as a peripheral area. Moreover, according to VECAI, the fact that the municipality is active both as an infrastructure owner and a public authority (granting permits, rights of way, etc.), may, under some circumstances, lead to a conflict of interest. |
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(25)

VECAI also states that Appingedam cannot be considered as a peripheral area. Moreover, according to VECAI, the fact that the municipality is active both as an infrastructure owner and a public authority (granting permits, rights of way, etc.), may, under some circumstances, lead to a conflict of interest.

| (26) | The industry association requesting confidentiality submitted that the Commission should encourage the deployment of open passive access infrastructures. The de-coupling of services and infrastructure can, according to the association, lower barriers for entry and increase competition as well as stimulate innovation. The association is of the opinion that the aim of competition rules should be to enhance overall welfare and not to protect existing market players. |
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(26)

The industry association requesting confidentiality submitted that the Commission should encourage the deployment of open passive access infrastructures. The de-coupling of services and infrastructure can, according to the association, lower barriers for entry and increase competition as well as stimulate innovation. The association is of the opinion that the aim of competition rules should be to enhance overall welfare and not to protect existing market players.

| (27) | The association states that there is no need for state intervention if the owners of the existing infrastructures agree to make their infrastructure available to all other providers of electronic communications services and provide access on a fair and cost-oriented basis. However, if this is not the case, there is in fact a market failure present and public authorities should be allowed to intervene. |
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(27)

The association states that there is no need for state intervention if the owners of the existing infrastructures agree to make their infrastructure available to all other providers of electronic communications services and provide access on a fair and cost-oriented basis. However, if this is not the case, there is in fact a market failure present and public authorities should be allowed to intervene.

III.2.   Observations by the Dutch authorities

| (28) | In response to the request for comments in the decision to initiate the procedure, the authorities did not refute any of the arguments brought forward by the Commission in the opening of the procedure. The Dutch authorities submitted a number of documents (e.g. research reports) that would explain the reasoning behind the measure and the possible usage of the network. |
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(28)

In response to the request for comments in the decision to initiate the procedure, the authorities did not refute any of the arguments brought forward by the Commission in the opening of the procedure. The Dutch authorities submitted a number of documents (e.g. research reports) that would explain the reasoning behind the measure and the possible usage of the network.

| (29) | The emphasis in the reports is on the possible applications of the planned network. The Dutch authorities argue that the choice for a glass fibre network was made based on the fact that the infrastructure currently available does not support the desired bandwidth capacity and service quality. The planned infrastructure would enable fast internet connectivity, video-conferencing, video-on-demand, interactive gaming/TV and IP-VPN (11) services. |
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(29)

The emphasis in the reports is on the possible applications of the planned network. The Dutch authorities argue that the choice for a glass fibre network was made based on the fact that the infrastructure currently available does not support the desired bandwidth capacity and service quality. The planned infrastructure would enable fast internet connectivity, video-conferencing, video-on-demand, interactive gaming/TV and IP-VPN (11) services.

11

| (30) | The services and applications which can be offered over the envisaged FTTH network are considered to be important for the exercise of the tasks of the municipality itself (e.g. offering e-Government services), for the healthcare sector (e.g. telemedicine and co-operation between different institutions involved in healthcare), as well as education (e.g. telelearning applications). In this context, the Dutch authorities mention that Appingedam has a high rate of unemployed and elderly people which need access to advanced broadband services. |
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(30)

The services and applications which can be offered over the envisaged FTTH network are considered to be important for the exercise of the tasks of the municipality itself (e.g. offering e-Government services), for the healthcare sector (e.g. telemedicine and co-operation between different institutions involved in healthcare), as well as education (e.g. telelearning applications). In this context, the Dutch authorities mention that Appingedam has a high rate of unemployed and elderly people which need access to advanced broadband services.

IV.   PRESENCE OF STATE AID

| (31) | The Dutch authorities have brought forward several arguments implying that the measure does not entail State aid or that the project merely concerns the provision of a ‘public infrastructure’. |
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(31)

The Dutch authorities have brought forward several arguments implying that the measure does not entail State aid or that the project merely concerns the provision of a ‘public infrastructure’.

IV.1.   General infrastructure?

| (32) | According to the Dutch authorities, the measure at hand does not fall within the scope of Article 87(1) EC, but should rather be seen as a typical task of a public authority, providing general ‘public’ infrastructure open to all parties at similar conditions. |
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(32)

According to the Dutch authorities, the measure at hand does not fall within the scope of Article 87(1) EC, but should rather be seen as a typical task of a public authority, providing general ‘public’ infrastructure open to all parties at similar conditions.

| (33) | The Commission considers that this would be the case if an infrastructure is needed to provide a service that is falling within the responsibility of the State towards the general public and is limited to meeting the requirements of that service. Moreover, it should be a facility that it is unlikely to be provided by the market because it is not economically viable and the way in which it is operated should not selectively favour any specific undertaking. |
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(33)

The Commission considers that this would be the case if an infrastructure is needed to provide a service that is falling within the responsibility of the State towards the general public and is limited to meeting the requirements of that service. Moreover, it should be a facility that it is unlikely to be provided by the market because it is not economically viable and the way in which it is operated should not selectively favour any specific undertaking.

| (34) | Accordingly, the Commission is of the opinion that the project cannot be qualified as a general infrastructure which is outside the scope of State aid control. Contrary to, for example, certain infrastructures in the transport sector, which are open to all potential users on equal and non-discriminatory terms and which are not provided (constructed and/or managed) by the market on purely commercial terms, this type of infrastructure is actually deployed by private parties which are also delivering electronic communications services, although not necessarily on the conditions foreseen by the municipality of Appingedam for the measure at hand. |
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(34)

Accordingly, the Commission is of the opinion that the project cannot be qualified as a general infrastructure which is outside the scope of State aid control. Contrary to, for example, certain infrastructures in the transport sector, which are open to all potential users on equal and non-discriminatory terms and which are not provided (constructed and/or managed) by the market on purely commercial terms, this type of infrastructure is actually deployed by private parties which are also delivering electronic communications services, although not necessarily on the conditions foreseen by the municipality of Appingedam for the measure at hand.

| (35) | As the presence of KPN and Essent in Appingedam shows, the provision of a local access network for electronic communications is not a typical task of a public authority, but such networks are normally deployed by providers of electronic communications services who deliver broadband services to households and businesses. The project thus duplicates to a certain extent market initiatives or makes possible the provision of services which are already available. |
| --- | --- |

(35)

As the presence of KPN and Essent in Appingedam shows, the provision of a local access network for electronic communications is not a typical task of a public authority, but such networks are normally deployed by providers of electronic communications services who deliver broadband services to households and businesses. The project thus duplicates to a certain extent market initiatives or makes possible the provision of services which are already available.

| (36) | Indeed, the absence of distortion of competition is not an inherent feature of this type of facilities, but rather has to be verified on a case by case basis. The market situation in Appingedam is such that the measure distorts or threatens to distort competition by competing with existing private networks and by discouraging future private investment in similar facilities. |
| --- | --- |

(36)

Indeed, the absence of distortion of competition is not an inherent feature of this type of facilities, but rather has to be verified on a case by case basis. The market situation in Appingedam is such that the measure distorts or threatens to distort competition by competing with existing private networks and by discouraging future private investment in similar facilities.

| (37) | The Commission thus considers that the project in Appingedam falls within the scope of State aid control rather than considering it a general infrastructure which falls within the normal responsibilities of the State towards the public. |
| --- | --- |

(37)

The Commission thus considers that the project in Appingedam falls within the scope of State aid control rather than considering it a general infrastructure which falls within the normal responsibilities of the State towards the public.

IV.2.   The provision of a Service of General Economic Interest (SGEI)?

| (38) | Although the Dutch authorities have not explicitly invoked the existence of a Service of General Economic Interest, the argument that the provision of the FTTH network in Appingedam might represent a SGEI will be assessed. |
| --- | --- |

(38)

Although the Dutch authorities have not explicitly invoked the existence of a Service of General Economic Interest, the argument that the provision of the FTTH network in Appingedam might represent a SGEI will be assessed.

| (39) | Member States have in general a large power of appreciation concerning the identification of a service as SGEI, while respecting the case-law of the EU courts which set out the general principles to be respected (12). |
| --- | --- |

(39)

Member States have in general a large power of appreciation concerning the identification of a service as SGEI, while respecting the case-law of the EU courts which set out the general principles to be respected (12).

12

| (40) | In the measure at hand, the envisaged contractual relationship between the operator of the active layer and the municipality/the foundation reflects rather a classical private-public-partnership than the entrustment and implementation of a Service of General Economic Interest. This can also be deduced from the communication and documentation of the Dutch government regarding the measure which never mentions the term ‘Service of General Interest’ or similar notions. Unlike in cases in which the Commission decided that public financial support constitutes compensation for a SGEI — cf. decision on Pyrénées-Atlantiques (13) – neither the foundation nor the operator have a clear SGEI mandate to enable broadband access to the general public, citizens and businesses, in rural and remote areas where no other operator is providing ubiquitous and affordable broadband access. |
| --- | --- |

(40)

In the measure at hand, the envisaged contractual relationship between the operator of the active layer and the municipality/the foundation reflects rather a classical private-public-partnership than the entrustment and implementation of a Service of General Economic Interest. This can also be deduced from the communication and documentation of the Dutch government regarding the measure which never mentions the term ‘Service of General Interest’ or similar notions. Unlike in cases in which the Commission decided that public financial support constitutes compensation for a SGEI — cf. decision on Pyrénées-Atlantiques (13) – neither the foundation nor the operator have a clear SGEI mandate to enable broadband access to the general public, citizens and businesses, in rural and remote areas where no other operator is providing ubiquitous and affordable broadband access.

cf.

Pyrénées-Atlantiques

13

| (41) | In the case of Pyrénées-Atlantiques, the direct objective of the measure was to enable access to broadband services through a wholesale network to the general public in a region with limited broadband coverage. These conditions do not apply in Appingedam where broadband services are already provided over two networks. |
| --- | --- |

(41)

In the case of Pyrénées-Atlantiques, the direct objective of the measure was to enable access to broadband services through a wholesale network to the general public in a region with limited broadband coverage. These conditions do not apply in Appingedam where broadband services are already provided over two networks.

Pyrénées-Atlantiques

| (42) | As the Commission finds that the measure does not represent a Service of General Economic Interest, it does not deem necessary to assess the measure in light of the other criteria laid down in the Altmark jurisprudence (14). |
| --- | --- |

(42)

As the Commission finds that the measure does not represent a Service of General Economic Interest, it does not deem necessary to assess the measure in light of the other criteria laid down in the Altmark jurisprudence (14).

Altmark jurisprudence

14

IV.3.   The municipality of Appingedam does not act like a private investor

| (43) | The Dutch authorities claim that the investments by the municipality and the foundation are necessary precisely because market players are not willing to invest in the passive FTTH network in Appingedam as the expected return on investment is not sufficient to justify the investment on market terms. |
| --- | --- |

(43)

The Dutch authorities claim that the investments by the municipality and the foundation are necessary precisely because market players are not willing to invest in the passive FTTH network in Appingedam as the expected return on investment is not sufficient to justify the investment on market terms.

| (44) | According to the Dutch authorities, the municipality had requested several banks to finance the investment in the passive network, but all banks except for the Bank Nederlandse Gemeenten (BNG) have refused to finance the project. BNG is willing to grant a loan to the municipality because, according to the municipality, BNG only assessed the creditworthiness of the beneficiary of the loan, i.e. the municipality, but not the setup of the FTTH network by the foundation or the overall project as such. |
| --- | --- |

(44)

According to the Dutch authorities, the municipality had requested several banks to finance the investment in the passive network, but all banks except for the Bank Nederlandse Gemeenten (BNG) have refused to finance the project. BNG is willing to grant a loan to the municipality because, according to the municipality, BNG only assessed the creditworthiness of the beneficiary of the loan, i.e. the municipality, but not the setup of the FTTH network by the foundation or the overall project as such.

| (45) | Hence, the investment by the municipality in the foundation and the investment by the foundation in the passive network do not pass the ‘market investor test’ as a market operator would not have invested in the passive network, as experienced by the municipality when it contacted private investors. |
| --- | --- |

(45)

Hence, the investment by the municipality in the foundation and the investment by the foundation in the passive network do not pass the ‘market investor test’ as a market operator would not have invested in the passive network, as experienced by the municipality when it contacted private investors.

IV.4.   State aid assessment

| (46) | In their initial submissions before the Commission's decision to initiate the procedure, the Dutch authorities claim that there is no aid involved in this project, on any of the four levels which can be distinguished. There would be no advantage to the foundation and even if there were an advantage, it would have no effect on trade between Member States. The authorities are further of the opinion that there is neither aid granted to the operator of the active layer nor to the retail service providers. The operator will (have to) charge a wholesale price in line with market rates to service providers that deliver retail services which they already offered over existing infrastructures. If the Commission were to request the municipality to guarantee that the operator charges these market prices, the municipality would lay this down in the agreement between the foundation and the operator. |
| --- | --- |

(46)

In their initial submissions before the Commission's decision to initiate the procedure, the Dutch authorities claim that there is no aid involved in this project, on any of the four levels which can be distinguished. There would be no advantage to the foundation and even if there were an advantage, it would have no effect on trade between Member States. The authorities are further of the opinion that there is neither aid granted to the operator of the active layer nor to the retail service providers. The operator will (have to) charge a wholesale price in line with market rates to service providers that deliver retail services which they already offered over existing infrastructures. If the Commission were to request the municipality to guarantee that the operator charges these market prices, the municipality would lay this down in the agreement between the foundation and the operator.

| (47) | Finally, the authorities claim that contrary to the ATLAS case (15) the network in Appingedam will be mainly used to provide services to households/citizens who do not perform economic activities. If there is aid to undertakings in Appingedam, this remains under the allowed aid intensity laid down in Regulation 69/2001 (‘de minimis’) (16). |
| --- | --- |

(47)

Finally, the authorities claim that contrary to the ATLAS case (15) the network in Appingedam will be mainly used to provide services to households/citizens who do not perform economic activities. If there is aid to undertakings in Appingedam, this remains under the allowed aid intensity laid down in Regulation 69/2001 (‘de minimis’) (16).

15

16

| (48) | The Commission already noted in its opening decision (17) that the Dutch authorities had not provided information to substantiate these arguments. Following the decision to open the procedure, the authorities have not provided any further evidence supporting their reasoning concerning these points. |
| --- | --- |

(48)

The Commission already noted in its opening decision (17) that the Dutch authorities had not provided information to substantiate these arguments. Following the decision to open the procedure, the authorities have not provided any further evidence supporting their reasoning concerning these points.

17

| (49) | According to the Treaty and consolidated case law there is State aid within the meaning of Article 87(1) if:






  — | there is an intervention by the State or through State resources; |
| --- | --- | --- |

(49)

According to the Treaty and consolidated case law there is State aid within the meaning of Article 87(1) if:

—

there is an intervention by the State or through State resources;

| — | it confers an economic advantage on the recipient; |
| --- | --- |

—

it confers an economic advantage on the recipient;

| — | it distorts or threatens to distort competition and |
| --- | --- |

—

it distorts or threatens to distort competition and

| — | the intervention is liable to affect trade between Member States. |
| --- | --- |

—

the intervention is liable to affect trade between Member States.

State resources

| (50) | The municipality of Appingedam will provide either a loan or a guarantee for a loan. Therefore, at least part of the resources for financing the passive layer of this network would come from the municipality of Appingedam. These funds thus have to be considered as State resources (18). |
| --- | --- |

(50)

The municipality of Appingedam will provide either a loan or a guarantee for a loan. Therefore, at least part of the resources for financing the passive layer of this network would come from the municipality of Appingedam. These funds thus have to be considered as State resources (18).

18

Economic advantage

| (51) | The loan or guarantee to be provided by the municipality confer an advantage to several actors: |
| --- | --- |

(51)

The loan or guarantee to be provided by the municipality confer an advantage to several actors:

Advantage to the foundation

| (52) | The municipality has set up and controls the foundation which will own the passive layer of the network. In turn, the foundation makes the passive layer available to the operator. The construction and rental of the passive layer can be considered as an economic activity and the foundation can therefore be qualified as an undertaking within the meaning of Article 87(1) EC. |
| --- | --- |

(52)

The municipality has set up and controls the foundation which will own the passive layer of the network. In turn, the foundation makes the passive layer available to the operator. The construction and rental of the passive layer can be considered as an economic activity and the foundation can therefore be qualified as an undertaking within the meaning of Article 87(1) EC.

| (53) | Based on the information available to the Commission, the passive layer is financed by the municipality without any contribution from the foundation. The foundation does not seem to pay a remuneration for the use of the network either. As outlined above, the investment by the municipality of Appingedam in the passive network does not seem to be in line with the Market Economy Investor principle. Therefore, the state funding provided by the municipality represents an economic advantage to the foundation within the meaning of article 87(1) EC Treaty. |
| --- | --- |

(53)

Based on the information available to the Commission, the passive layer is financed by the municipality without any contribution from the foundation. The foundation does not seem to pay a remuneration for the use of the network either. As outlined above, the investment by the municipality of Appingedam in the passive network does not seem to be in line with the Market Economy Investor principle. Therefore, the state funding provided by the municipality represents an economic advantage to the foundation within the meaning of article 87(1) EC Treaty.

Advantage to the operator of the active network

| (54) | The authorities have confirmed that the concession for operating the passive infrastructure will be tendered out. If the concession is tendered out, in principle, the tender could minimize the economic advantage for the successful supplier within the meaning of Article 87(1) EC Treaty. |
| --- | --- |

(54)

The authorities have confirmed that the concession for operating the passive infrastructure will be tendered out. If the concession is tendered out, in principle, the tender could minimize the economic advantage for the successful supplier within the meaning of Article 87(1) EC Treaty.

| (55) | However, although as a result of the tender, the operator would not obtain an excessive return from the project it would, nevertheless, have access to the passive network at conditions which will — for the reasons set out above — most likely not reflect the underlying costs incurred by the municipality and/or the foundation for building this network and which are not set to maximise the revenues from the project for the municipality. Although it is unclear under which financial terms the concession would be granted, as indicated above, it is likely that the pricing of this access may be below the underlying costs due to State intervention and will probably not be based on market rates for access to a comparable passive network. |
| --- | --- |

(55)

However, although as a result of the tender, the operator would not obtain an excessive return from the project it would, nevertheless, have access to the passive network at conditions which will — for the reasons set out above — most likely not reflect the underlying costs incurred by the municipality and/or the foundation for building this network and which are not set to maximise the revenues from the project for the municipality. Although it is unclear under which financial terms the concession would be granted, as indicated above, it is likely that the pricing of this access may be below the underlying costs due to State intervention and will probably not be based on market rates for access to a comparable passive network.

| (56) | Therefore, the operator would be able to establish its business based on the government-funded network and enter the market for wholesale services on conditions not otherwise available on the market. The intervention of the State therefore confers an economic advantage to the operator. |
| --- | --- |

(56)

Therefore, the operator would be able to establish its business based on the government-funded network and enter the market for wholesale services on conditions not otherwise available on the market. The intervention of the State therefore confers an economic advantage to the operator.

Advantage to providers of electronic communications services

| (57) | Even if access to the optical network via the operator is provided to all interested providers of electronic communications services at transparent and equal conditions, it is likely that the pricing of this access may be below the underlying costs due to State intervention and will probably not be based on market rates for comparable wholesale broadband services. Hence, the service providers will be granted an advantage since they have the possibility of entering the market for high speed retail broadband services, operating their business on conditions not otherwise available on the market. |
| --- | --- |

(57)

Even if access to the optical network via the operator is provided to all interested providers of electronic communications services at transparent and equal conditions, it is likely that the pricing of this access may be below the underlying costs due to State intervention and will probably not be based on market rates for comparable wholesale broadband services. Hence, the service providers will be granted an advantage since they have the possibility of entering the market for high speed retail broadband services, operating their business on conditions not otherwise available on the market.

Advantage to the end-users

| (58) | The above-mentioned elements suggest that the advantage granted to the operator, service providers and other telecommunication service providers may also translate into an advantage for the households and enterprises in Appingedam. Whereas residential users are not subject to State aid rules, businesses in the targeted geography may benefit from service coverage beyond and prices below what would be provided purely on a commercial basis like currently offered leased line offers or satellite connections. In addition, they may enjoy an advantage in comparison to businesses located in other regions of the Netherlands. The Dutch authorities have in addition brought forward that the end-users are all small to medium sized enterprises (SME) but they have not motivated why aid to this group would be justified. In addition, the aid measure is not only limited to the end-users. |
| --- | --- |

(58)

The above-mentioned elements suggest that the advantage granted to the operator, service providers and other telecommunication service providers may also translate into an advantage for the households and enterprises in Appingedam. Whereas residential users are not subject to State aid rules, businesses in the targeted geography may benefit from service coverage beyond and prices below what would be provided purely on a commercial basis like currently offered leased line offers or satellite connections. In addition, they may enjoy an advantage in comparison to businesses located in other regions of the Netherlands. The Dutch authorities have in addition brought forward that the end-users are all small to medium sized enterprises (SME) but they have not motivated why aid to this group would be justified. In addition, the aid measure is not only limited to the end-users.

| (59) | The authorities have reiterated that if there is an aid to undertakings in Appingedam, the level of the aid remains under the allowed aid intensity laid down in Regulation 69/2001 (‘de minimis’)). The Commission acknowledges that the advantage for each of the business end users could be below de minimis aid thresholds. However, it cannot be excluded that the aid exceeds the limits set out in that Regulation or violates the non-cumulation requirements. |
| --- | --- |

(59)

The authorities have reiterated that if there is an aid to undertakings in Appingedam, the level of the aid remains under the allowed aid intensity laid down in Regulation 69/2001 (‘de minimis’)). The Commission acknowledges that the advantage for each of the business end users could be below de minimis aid thresholds. However, it cannot be excluded that the aid exceeds the limits set out in that Regulation or violates the non-cumulation requirements.

de minimis

de minimis

Distortion of competition

| (60) | The envisaged intervention by the State alters the existing market conditions in Appingedam by enabling subsidised entry into the wholesale market for fast broadband services (the operator) as well as allowing service providers to enter in the downstream markets of, inter alia, retail broadband and retail telecommunications services. In making their decisions regarding network investment and maintenance, the existing providers Essent and KPN have based their calculations on the assumption that other providers of electronic communications services would have had to bear the full costs of a new network or pay a market price for access to wholesale services, which appears to be no longer the case after the envisaged State intervention. The fact that a new network becomes available, prima facie at conditions below market prices, has the effect of distorting competition also in the downstream markets of retail broadband and other electronic communications services. |
| --- | --- |

(60)

The envisaged intervention by the State alters the existing market conditions in Appingedam by enabling subsidised entry into the wholesale market for fast broadband services (the operator) as well as allowing service providers to enter in the downstream markets of, inter alia, retail broadband and retail telecommunications services. In making their decisions regarding network investment and maintenance, the existing providers Essent and KPN have based their calculations on the assumption that other providers of electronic communications services would have had to bear the full costs of a new network or pay a market price for access to wholesale services, which appears to be no longer the case after the envisaged State intervention. The fact that a new network becomes available, prima facie at conditions below market prices, has the effect of distorting competition also in the downstream markets of retail broadband and other electronic communications services.

inter alia

prima facie

Effect on trade

| (61) | Insofar as the intervention is liable to affect telecom operators and service providers from other Member States, the measures have an effect on trade. The telecommunications markets are open to competition between providers of electronic communications services and service providers, which generally engage in activities that are the subject of trade between Member States. For example, several cable operators and Internet service providers active in the Netherlands are part of international groups which operate on a pan-European basis and have investments in the Netherlands but also in other countries. |
| --- | --- |

(61)

Insofar as the intervention is liable to affect telecom operators and service providers from other Member States, the measures have an effect on trade. The telecommunications markets are open to competition between providers of electronic communications services and service providers, which generally engage in activities that are the subject of trade between Member States. For example, several cable operators and Internet service providers active in the Netherlands are part of international groups which operate on a pan-European basis and have investments in the Netherlands but also in other countries.

Conclusion

| (62) | In view of the above, the Commission considers that the project funded by State resources grants an economic advantage to the foundation, the operator and the service providers, which could at least partially translate into an economic advantage for businesses in Appingedam. The project furthermore distorts competition and has an effect on trade between Member States. |
| --- | --- |

(62)

In view of the above, the Commission considers that the project funded by State resources grants an economic advantage to the foundation, the operator and the service providers, which could at least partially translate into an economic advantage for businesses in Appingedam. The project furthermore distorts competition and has an effect on trade between Member States.

| (63) | Having considered that the project involves aid within the meaning of Article 87(1) of the EC Treaty, it is necessary to consider whether the measure can be found to be compatible with the common market. |
| --- | --- |

(63)

Having considered that the project involves aid within the meaning of Article 87(1) of the EC Treaty, it is necessary to consider whether the measure can be found to be compatible with the common market.

V.   COMPATIBILITY ASSESSMENT

| (64) | Article 87(1) of the EC Treaty provides for the general principle of prohibition of State aid within the Community. Article 87(2) and 87(3) of the EC Treaty provide exemptions to the general incompatibility principle as stated in Article 87(1). |
| --- | --- |

(64)

Article 87(1) of the EC Treaty provides for the general principle of prohibition of State aid within the Community. Article 87(2) and 87(3) of the EC Treaty provide exemptions to the general incompatibility principle as stated in Article 87(1).

| (65) | Article 87(2) stipulates automatic exemptions to the general prohibition of State Aid in Article 87(1). None of the exemptions foreseen in Article 87(2) can apply to the present case. With regard to Article 87(2) (a), the project can not be deemed to have a social character and the aid is not granted solely to individual consumers. |
| --- | --- |

(65)

Article 87(2) stipulates automatic exemptions to the general prohibition of State Aid in Article 87(1). None of the exemptions foreseen in Article 87(2) can apply to the present case. With regard to Article 87(2) (a), the project can not be deemed to have a social character and the aid is not granted solely to individual consumers.

| (66) | The derogations provided for in Article 87(3)(b) and (d) EC are not applicable either. It needs to be mentioned though that Appingedam is located within an area eligible for regional aid (19), and is therefore in principle eligible for regional aid on the basis of Article 87(3)(c) EC. The Commission established guidelines for regional aid (hereinafter: Guidelines) (20) on the basis of Article 87(3)(c) EC. The measure can nevertheless not be justified under these Guidelines for the following reason: |
| --- | --- |

(66)

The derogations provided for in Article 87(3)(b) and (d) EC are not applicable either. It needs to be mentioned though that Appingedam is located within an area eligible for regional aid (19), and is therefore in principle eligible for regional aid on the basis of Article 87(3)(c) EC. The Commission established guidelines for regional aid (hereinafter: Guidelines) (20) on the basis of Article 87(3)(c) EC. The measure can nevertheless not be justified under these Guidelines for the following reason:

19

20

| (67) | The measure is not based on a defined regional aid scheme and, in addition, favours only a certain sector in one town in that region. As stated in the Guidelines, ‘an individual ad hoc aid confined to one area or activity may have a major impact on competition in the relevant market (in this case: impact on the third party operators) and its effects on regional development are likely to be too limited. The Commission considers therefore that such aid does not fulfil the requirements set out in the Guidelines (21).’ |
| --- | --- |

(67)

The measure is not based on a defined regional aid scheme and, in addition, favours only a certain sector in one town in that region. As stated in the Guidelines, ‘an individual ad hoc aid confined to one area or activity may have a major impact on competition in the relevant market (in this case: impact on the third party operators) and its effects on regional development are likely to be too limited. The Commission considers therefore that such aid does not fulfil the requirements set out in the Guidelines (21).’

an individual ad hoc aid confined to one area or activity may have a major impact on competition in the relevant market (in this case: impact on the third party operators) and its effects on regional development are likely to be too limited. The Commission considers therefore that such aid does not fulfil the requirements set out in the Guidelines

21

| (68) | The Commission has further laid down other guidelines and frameworks defining rules for aid that may fall under the exemption foreseen in Article 87(3)(c). None of these guidelines applies to the present case. Since the intervention does not fall under any of the other existing frameworks or guidelines either, the Commission considers that the assessment of the compatibility of the measure with the common market needs to be based directly on Article 87(3)(c) of the EC Treaty (22) (hereinafter: Article 87(3)(c) EC) which states that: |
| --- | --- |

(68)

The Commission has further laid down other guidelines and frameworks defining rules for aid that may fall under the exemption foreseen in Article 87(3)(c). None of these guidelines applies to the present case. Since the intervention does not fall under any of the other existing frameworks or guidelines either, the Commission considers that the assessment of the compatibility of the measure with the common market needs to be based directly on Article 87(3)(c) of the EC Treaty (22) (hereinafter: Article 87(3)(c) EC) which states that:

22

| (69) | ‘aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest’ may be considered to be compatible with the common market. |
| --- | --- |

(69)

‘aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest’ may be considered to be compatible with the common market.

aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest

| (70) | In order to be compatible with Article 87(3)(c) an aid must pursue an objective of common interest in a necessary and proportionate way. |
| --- | --- |

(70)

In order to be compatible with Article 87(3)(c) an aid must pursue an objective of common interest in a necessary and proportionate way.

| (71) | Hence, the Commission will assess:






  (a) | Whether the proposed aid is aimed at a well-defined objective of common interest, i.e. whether it remedies a market failure or pursues another objective of common interest such as cohesion. |
| --- | --- | --- |

(71)

Hence, the Commission will assess:

(a)

Whether the proposed aid is aimed at a well-defined objective of common interest, i.e. whether it remedies a market failure or pursues another objective of common interest such as cohesion.

In this case, it shall also be assessed whether

| (b) | the aid is well-designed to deliver the objective of common interest and in particular:






  (i) | Is the aid measure an appropriate instrument, i.e. is the aid capable of meeting the objective and are there other, clearly superior, instruments to achieve the same result? |
| --- | --- | --- |

(b)

the aid is well-designed to deliver the objective of common interest and in particular:

(i)

Is the aid measure an appropriate instrument, i.e. is the aid capable of meeting the objective and are there other, clearly superior, instruments to achieve the same result?

| (ii) | Is there an incentive effect, i.e. does the aid change the behaviour of firms? |
| --- | --- |

(ii)

Is there an incentive effect, i.e. does the aid change the behaviour of firms?

| (iii) | Is the aid measure proportional, i.e. could the same change in behaviour be obtained with less aid or with less distortive means? |
| --- | --- |

(iii)

Is the aid measure proportional, i.e. could the same change in behaviour be obtained with less aid or with less distortive means?

| (3) | Are the distortions of competition and the effect on trade limited, so that the overall balance is positive? |
| --- | --- |

(3)

Are the distortions of competition and the effect on trade limited, so that the overall balance is positive?

Market failure

| (72) | The Commission needs to assess whether there is a market failure in the broadband market in the Netherlands, and, more specifically, in Appingedam, which could be remedied by State aid. Recent data (23) confirm the high degree of competition and the multitude of broadband offers in the Dutch market, which has the highest broadband penetration rate in the EU (about 30 % in mid-2006 and rapidly increasing further). |
| --- | --- |

(72)

The Commission needs to assess whether there is a market failure in the broadband market in the Netherlands, and, more specifically, in Appingedam, which could be remedied by State aid. Recent data (23) confirm the high degree of competition and the multitude of broadband offers in the Dutch market, which has the highest broadband penetration rate in the EU (about 30 % in mid-2006 and rapidly increasing further).

23

| (73) | The Dutch broadband market is a fast-moving environment and providers of electronic communications services, cable operators and Internet Service Providers will introduce very-high capacity broadband services in the Dutch market in the near future (24) and it is likely that ‘next-generation networks’ will be deployed over the next years without state support. (25) Moreover, third-generation mobile operators are currently rolling out mobile broadband services in the Netherlands, and around 70 % of the Dutch territory is, according to the information available to the Commission already covered by these services (26). These market-driven roll-out plans show that public intervention risks crowding-out private initiative. |
| --- | --- |

(73)

The Dutch broadband market is a fast-moving environment and providers of electronic communications services, cable operators and Internet Service Providers will introduce very-high capacity broadband services in the Dutch market in the near future (24) and it is likely that ‘next-generation networks’ will be deployed over the next years without state support. (25) Moreover, third-generation mobile operators are currently rolling out mobile broadband services in the Netherlands, and around 70 % of the Dutch territory is, according to the information available to the Commission already covered by these services (26). These market-driven roll-out plans show that public intervention risks crowding-out private initiative.

24

25

26

| (74) | Based on the factual information available to the Commission (CPB report, Commission report, OECD analysis, etc.), there are strong indications that market forces do deliver appropriate coverage and the desirable amount of services in the broadband market in the Netherlands (27). Furthermore, the proposed intervention in terms of public investment risks having a crowding out effect on private initiatives and fails to enhance the overall supply of broadband services. |
| --- | --- |

(74)

Based on the factual information available to the Commission (CPB report, Commission report, OECD analysis, etc.), there are strong indications that market forces do deliver appropriate coverage and the desirable amount of services in the broadband market in the Netherlands (27). Furthermore, the proposed intervention in terms of public investment risks having a crowding out effect on private initiatives and fails to enhance the overall supply of broadband services.

27

| (75) | The CPB report states explicitly that there is generally no market failure in the broadband markets in the Netherlands, that firms have adequate incentives to invest in broadband and that the best government policy would be to rely on market forces. The report states that existing market failures are limited and mainly related to market power and minor production externalities. According to the report, regulation by Dutch regulator OPTA and specific subsidies for research and development seem to address both issues in an appropriate manner (28). |
| --- | --- |

(75)

The CPB report states explicitly that there is generally no market failure in the broadband markets in the Netherlands, that firms have adequate incentives to invest in broadband and that the best government policy would be to rely on market forces. The report states that existing market failures are limited and mainly related to market power and minor production externalities. According to the report, regulation by Dutch regulator OPTA and specific subsidies for research and development seem to address both issues in an appropriate manner (28).

28

| (76) | Concerning more specifically Appingedam, as regards the retail market, as stated before, KPN and Essent both offer retail broadband services. Essent currently offers up to 5Mbit/s and KPN up to 6 Mbit/s. Both Essent and KPN offer ‘triple play’ services (telephony, internet, digital/analogue TV). Both KPN and Essent have the technical possibilities and will further increase, on the basis of their existing networks, the bandwidth capacity of their service offerings, should there be sufficient demand for such services. Other Internet Service Providers also have the possibility to offer broadband services, based on the wholesale offers of KPN. |
| --- | --- |

(76)

Concerning more specifically Appingedam, as regards the retail market, as stated before, KPN and Essent both offer retail broadband services. Essent currently offers up to 5Mbit/s and KPN up to 6 Mbit/s. Both Essent and KPN offer ‘triple play’ services (telephony, internet, digital/analogue TV). Both KPN and Essent have the technical possibilities and will further increase, on the basis of their existing networks, the bandwidth capacity of their service offerings, should there be sufficient demand for such services. Other Internet Service Providers also have the possibility to offer broadband services, based on the wholesale offers of KPN.

retail market

| (77) | Concerning the wholesale markets, the Dutch regulator OPTA has imposed regulatory remedies for certain markets upon the operator with significant market power, KPN. KPN also offers wholesale access to its network and services necessary for the provision of broadband services (29). Certain cable operators, notably Essent, also offer a form of wholesale broadband access to third parties in the Dutch market (30). |
| --- | --- |

(77)

Concerning the wholesale markets, the Dutch regulator OPTA has imposed regulatory remedies for certain markets upon the operator with significant market power, KPN. KPN also offers wholesale access to its network and services necessary for the provision of broadband services (29). Certain cable operators, notably Essent, also offer a form of wholesale broadband access to third parties in the Dutch market (30).

29

30

| (78) | In other cases of state support for broadband assessed by the Commission so far, the Commission indeed considered that State aid for wholesale networks could be an appropriate and proportionate instrument for tackling elements of market failure and/or equity problems. However, in those cases, concerning generally ‘white’ or ‘grey’ areas (31), the market did not support a competitive supply of broadband services or there were structural impediments to the roll-out of broadband (32). |
| --- | --- |

(78)

In other cases of state support for broadband assessed by the Commission so far, the Commission indeed considered that State aid for wholesale networks could be an appropriate and proportionate instrument for tackling elements of market failure and/or equity problems. However, in those cases, concerning generally ‘white’ or ‘grey’ areas (31), the market did not support a competitive supply of broadband services or there were structural impediments to the roll-out of broadband (32).

31

32

| (79) | The Dutch authorities present the argument that ‘future content services and applications’ need networks with a capacity which is higher than the speed offered over by existing copper or hybrid copper-fibre cable networks. However, according to research reports, it is difficult to envisage mass-market applications in the near to mid-term future which cannot be delivered over the existing networks (33). This means that the degree of substitutability between services delivered over ‘next generation networks’ vis-à-vis existing networks is high and therefore the potential distortion of competition by the measure will remain high for the foreseeable future. |
| --- | --- |

(79)

The Dutch authorities present the argument that ‘future content services and applications’ need networks with a capacity which is higher than the speed offered over by existing copper or hybrid copper-fibre cable networks. However, according to research reports, it is difficult to envisage mass-market applications in the near to mid-term future which cannot be delivered over the existing networks (33). This means that the degree of substitutability between services delivered over ‘next generation networks’ vis-à-vis existing networks is high and therefore the potential distortion of competition by the measure will remain high for the foreseeable future.

33

| (80) | In summary, it can be concluded that there is no market failure present in the broadband markets in Appingedam which would require financial state support. |
| --- | --- |

(80)

In summary, it can be concluded that there is no market failure present in the broadband markets in Appingedam which would require financial state support.

Cohesion policy considerations

| (81) | Although Appingedam is located in a peripheral region of the Netherlands, the intervention is taking place in a town where retail and wholesale broadband services are already available via various providers of electronic communications services and networks at service conditions and prices comparable to other regions. |
| --- | --- |

(81)

Although Appingedam is located in a peripheral region of the Netherlands, the intervention is taking place in a town where retail and wholesale broadband services are already available via various providers of electronic communications services and networks at service conditions and prices comparable to other regions.

| (82) | The CPB report, referred to above states that there is no evidence ‘for a substantial geographical or social digital divide in the Netherlands. Broadband is available in almost all regions. Most consumers can choose between roughly 80 Internet subscriptions in densely populated areas and between approximately 30 in remote areas’. The report mentions that there is perhaps a social divide (elderly persons are underrepresented in broadband usage), but the government may stimulate Internet usage by these persons via demand-side measures, for instance awareness-raising measures (34). |
| --- | --- |

(82)

The CPB report, referred to above states that there is no evidence ‘for a substantial geographical or social digital divide in the Netherlands. Broadband is available in almost all regions. Most consumers can choose between roughly 80 Internet subscriptions in densely populated areas and between approximately 30 in remote areas’. The report mentions that there is perhaps a social divide (elderly persons are underrepresented in broadband usage), but the government may stimulate Internet usage by these persons via demand-side measures, for instance awareness-raising measures (34).

for a substantial geographical or social digital divide in the Netherlands. Broadband is available in almost all regions. Most consumers can choose between roughly 80 Internet subscriptions in densely populated areas and between approximately 30 in remote areas

34

| (83) | Consequently, the measure concerned does neither address a market failure nor a cohesion objective. The aid is not necessary to promote the supply of broadband services in Appingedam and distorts competition in a disproportionate way. Therefore, in view of the absence of an objective of Common interest, the measure does not fulfil the criteria for compatibility under Article 87(3)(c). |
| --- | --- |

(83)

Consequently, the measure concerned does neither address a market failure nor a cohesion objective. The aid is not necessary to promote the supply of broadband services in Appingedam and distorts competition in a disproportionate way. Therefore, in view of the absence of an objective of Common interest, the measure does not fulfil the criteria for compatibility under Article 87(3)(c).

VI.   CONCLUSION

| (84) | For the reasons set out above, the Commission concludes that the measure entails State aid to the foundation, the operator of the fibre access network and to providers of retail broadband services. Since the aid does not facilitate the development of certain economic activities or of certain economic areas without adversely affect trading conditions to an extent contrary to the common interest, the aid cannot be justified under Article 87(3)(c) EC Treaty and is therefore not compatible with the Common market. |
| --- | --- |

(84)

For the reasons set out above, the Commission concludes that the measure entails State aid to the foundation, the operator of the fibre access network and to providers of retail broadband services. Since the aid does not facilitate the development of certain economic activities or of certain economic areas without adversely affect trading conditions to an extent contrary to the common interest, the aid cannot be justified under Article 87(3)(c) EC Treaty and is therefore not compatible with the Common market.

HAS ADOPTED THIS DECISION:

Article 1

The State aid which the Netherlands are planning to implement for the development of a broadband network in Appingedam is incompatible with the Common market.

The measure may accordingly not be implemented.

Article 2

The Netherlands shall inform the Commission, within two months of the notification of this Decision, of the measures taken to comply with it.

Article 3

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 19 July 2006.

For the Commission

Neelie KROES

Member of the Commission

---

(1)  
  OJ C 321, 16.12.2005, p. 7.

1

(2)  Case referred to as LJ-N AQ8920 which can be found at www.rechtspraak.nl.

2

(3)  See footnote 1.

3

(4)  Broadband services defined as ‘always-on’ communications services allowing transmission of large volumes of data can be delivered using various combinations of communications network technologies (‘platforms’). Technologies can feature either fixed or radio based transmission infrastructure, and they can substitute or complement each other according to the individual situation. Current mass-market broadband services have generally download speeds starting from 512Kbit/s/ - 1Mbit/s. For business users, much higher speeds are needed.

4

(5)  According to information from Essent received by the Commission.

5

(6)  At present, a market for wholesale access to ducts or dark (unlit) fibre is not listed in the Commission Recommendation on relevant markets for electronic communications services. There is therefore, at least currently, no explicit provision in the European regulatory framework for electronic communications to offer third party access to duct or fibre infrastructure, Commission Recommendation 2003/311/EC of 11 February 2003 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC., OJ L 114 of 8 May 2003, p. 45 ff..

6

(7)  See footnote 6.

7

(8)  KPN has significant market power in the markets for wholesale unbundled access and specific wholesale leased lines. Therefore, KPN is subject to access regulation concerning important inputs for the provision of broadband services, such as local loops or wholesale leased lines. Moreover, KPN provides voluntarily bitstream access, a wholesale access product.

8

(9)  Centraal Planbureau (Netherlands Bureau for Economic Policy Analysis) is a research institute which delivers independent economic analyses. The CPB is independent with respect to content, but at the same time is formally part of the central government.

9

(10)  
  Do market failures hamper the perspectives of broadband?, Centraal Planbureau, December 2005.

10

Do market failures hamper the perspectives of broadband?

(11)  Internet-protocol based Virtual Private Network services.

11

(12)  As expressed by the Commission previously in the area of access to broadband services, for instance in paragraph 46 ff. of the decision concerning a broadband project in the French region of Pyrénées-Atlantiques, Commission decision of 16 November 2004 in case N381/04, ‘Pyrénées-Atlantiques’ (France), Official Journal C162/5 of 2 July 2005.

12

(13)  See footnote 11.

13

(14)  Judgement of 24 July 2003, Case C-280/00, Altmark Trans und Regierungspräsidium Magdeburg, Rec.2003, p.I-7747.

14

(15)  Cf. Commission decision of 9 September 2004 in case N 213/2003 — United Kingdom Project ATLAS; broadband infrastructure scheme for business parks (Corrigendum).

15

(16)  
  OJ L 10 from 13.01.2001, p. 30.

16

(17)  In paragraph 10.

17

(18)  As set out in point 2.1.2. of the Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees, OJ C 71 of 11.3.2000, p. 14, there may be State aid under Article 87(1) of the EC Treaty even if no payments are made by the State under a guarantee. Moreover, even though there has not been a direct and clear transfer of State resources, State resources are involved, cf. case C-200/97, Ecotrade v. AFS [1998] ECR-I-7907, par. 43, Joined cases T-204/97 and T-270/97, EPAC [2000] ECR-II-2267, par. 80 and 81.

18

(19)  National regional state aid map for the Netherlands 2000-2006 (State aid N 228/2000, ref. SG (2000) D/106075 of 8.8.2000).

19

(20)  Guidelines on national regional aid, OJ C 74, 10.03.1998.

20

(21)  Cf. Guidelines, Chapter 2, scope, p. 10.

21

(22)  This approach was also followed by the Commission in other cases, see for instance: State aid decisions for the UK: N126/04 ‘Broadband for SMEs in Lincolnshire’ of 14.12.2004, N199/04 ‘Broadband business fund’ of 16.11.2004, N307/04 ‘Broadband in Scotland — remote and rural areas’ of 16.11.2004

22

(See: http://europa.eu.int/comm/secretariat_general/sgb/state_aids/).

(23)  European Commission (2006), European Electronic Communications Regulation and Markets 2005 (11th Report) COM (2006)68 of 20.02.2006.. According to the data of October 2005, the fixed incumbent's market share of fixed broadband retail lines is approx. 44 %, and its market share of DSL retail lines is approx. 72 %. Moreover, the incumbent's market share of DSL retail lines is decreasing further; The OECD broadband statistics of December 2005 also show that the Netherlands are one of the leading countries in broadband: www.oecd.org/sti/ict/broadband.

23

th

(24)  According to information in the possession of the Commission, Essent is testing a symmetrical Ethernet-to-the-Home solution providing 100Mbit/s, UPC plans to introduce a 50 Mbit/s product in the Netherlands in 2006 and KPN is rolling-out VDSL with a speed of >50 Mbit/s.

24

(25)  See for instance OPTA: KPN's Next Generation Network: All-IP, Issue Paper, 22 May 2006.

25

KPN's Next Generation Network: All-IP

(26)  Cf. http://145.7.218.175/covcheck/main.asp and

26

http://umtscoveragetool.vodafone.nl/UMTSdekking.html#. The website of KPN mentions that UMTS is available to 9 million people in 130 cities in the Netherlands:

http://www.kpn.com/kpn/show/id=716554.

(27)  There is still a small percentage of the Dutch population which does not have access to broadband, for instance because they live too far from a local exchange to be able to use Digital subscriber line (DSL) services and/or have no access to a cable TV network.

27

(28)  CPB report, p. 103.

28

(29)  KPN has significant market power in the markets for wholesale unbundled access and specific wholesale leased lines. Therefore, KPN is subject to access regulation concerning important inputs for the provision of broadband services, such as local loops or wholesale leased lines. Moreover, KPN provides voluntarily access to certain wholesale broadband services.

29

(30)  For example, Essent is providing WBA to the ISP Introweb (although limited to business customers), the cable operators Stichting CAI Harderwijk and Kabel Noord are providing WBA to the ISP Chello and the cable operator Cogas is providing WBA to the ISP @Home; cf. case NL/2005/0281 Wholesale Broadband Access in the Netherlands — Comments pursuant to Article 7(3) of Directive 2002/21/EC of 2 December 2005.

30

(31)  
  ‘White areas’ have no broadband provision at all, ‘grey areas’ are similar to a natural monopoly where the network is controlled by a single operator not granting access to its basic infrastructure. Appingedam, however, can be considered a ‘black area’ in which the market situation is characterized by the availability of different broadband services over at least 2 competing infrastructures (such as telephone and cable TV networks). For projects covering ‘black areas’ only, there is a high risk that state intervention crowds out existing and future private investments.

31

(32)  In the recent Irish case N284/05 ‘
  Regional Broadband Programme — Metropolitan Area Networks (MANs), phases 2 and 3
  ’, Commission decision of 8 March 2006, the Commission accepted State support for the roll-out of open wholesale infrastructure, including geographic areas where the historic operator already provided basic broadband services, in view of the serious ‘broadband gap’ and the peculiarities of the Irish market (lack of alternative infrastructures, population distribution patterns, very late introduction of broadband by the incumbent, etc.).

32

Regional Broadband Programme — Metropolitan Area Networks (MANs), phases 2 and 3

(33)  See, for instance, UK Broadband Stakeholder Group, Predicting UK Future Residential Bandwidth Requirements, May 2006; IDATE, Etude sur le développement du très haut débit en France, March 2006.

33

Predicting UK Future Residential Bandwidth Requirements

Etude sur le développement du très haut débit en France

(34)  Page 14 of mentioned CPB report.

34

---

| 27.3.2007 | EN | Official Journal of the European Union | L 86/11 |
| --- | --- | --- | --- |

27.3.2007

EN

Official Journal of the European Union

L 86/11

---

COMMISSION DECISION

of 11 December 2006

establishing a list of standards and/or specifications for electronic communications networks, services and associated facilities and services and replacing all previous versions

(notified under document number C(2006) 6364)

(Text with EEA relevance)

(2007/176/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (1) and in particular Article 17(1) thereof,

Having consulted the Communications Committee,

Whereas:

| (1) | An interim ‘List of standards and/or specifications for encouraging the harmonised provision of electronic communications networks, electronic communications services and associated facilities and services’ has been published in the Official Journal of the European Communities (2) |
| --- | --- |

(1)

An interim ‘List of standards and/or specifications for encouraging the harmonised provision of electronic communications networks, electronic communications services and associated facilities and services’ has been published in the Official Journal of the European Communities (2)

| (2) | The interim list of standards referred to both the regulatory framework under Council Directive 90/387/EEC (3) and the regulatory framework in force, under Directive 2002/21/EC. Additions and modifications to that list were made in March 2006 (4). |
| --- | --- |

(2)

The interim list of standards referred to both the regulatory framework under Council Directive 90/387/EEC (3) and the regulatory framework in force, under Directive 2002/21/EC. Additions and modifications to that list were made in March 2006 (4).

| (3) | It is therefore necessary to move beyond the interim list and to draw up and publish a list of standards to replace the abovementioned publications. |
| --- | --- |

(3)

It is therefore necessary to move beyond the interim list and to draw up and publish a list of standards to replace the abovementioned publications.

| (4) | The revised list of standards has been drawn up in cooperation with experts from Member States and the European Telecommunication Standards Institute (ETSI), |
| --- | --- |

(4)

The revised list of standards has been drawn up in cooperation with experts from Member States and the European Telecommunication Standards Institute (ETSI),

HAS ADOPTED THIS DECISION:

Article 1

List of Standards

1.   The List of Standards and/or specifications for electronic communications networks, services and associated facilities and services is established.

It shall replace the previous versions of the List of Standards published on 31 December 2002 and 23 March 2006.

This publication is in addition to the list of standards for the minimum set of leased lines published in the Official Journal of the European Union on 25 July 2003.

2.   The List of Standards, as set out in the Annex, shall be published in the Official Journal of the European Union.

Article 2

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 11 December 2006.

For the Commission

Viviane REDING

Member of the Commission

---

(1)  
  OJ L 108, 24.4.2002, p. 33.

1

(2)  
  OJ C 331, 31.12.2002, p. 32.

2

(3)  
  OJ L 192, 24.7.1990, p. 1. Directive repealed by Directive 2002/21/EC.

3

(4)  
  OJ C 71, 23.3.2006, p. 9.

4

---

ANNEX

List of standards and/or specifications for electronic communications networks, services and associated facilities and services

EXPLANATORY NOTE CONCERNING THIS ISSUE OF THE LIST OF STANDARDS AND/OR SPECIFICATIONS FOR ELECTRONIC COMMUNICATIONS NETWORKS, SERVICES AND ASSOCIATED FACILITIES AND SERVICES

In accordance with Article 17(1) of the Framework Directive (2002/21/EC) the Commission draws up and publishes in the Official Journal of the European Communities a list of standards and/or specifications which serve as a basis for encouraging the harmonised provision of electronic communications networks, electronic communications services and associated facilities and services, to ensure interoperability of services and to improve freedom of choice for users.

This publication replaces the former interim List of Standards (2002/C 331/04) which referred to both the ‘old’ regulatory framework (i.e. Article 5 of Directive 90/387/EEC as amended by Directive 97/51/EC) and the current regulatory framework (i.e. Article 17 of the Framework Directive 2002/21/EC). This publication also replaces the ‘interactive digital television’ amendment to the List of Standards (2006/C 71/04) of 23 March 2006
   (1).The minimum set of leased lines with harmonised characteristics and associated standards referred to in Article 18 of Directive 2002/22/EC (Universal Service Directive), published in Commission Decision (2003/548/EC) of 24 July 2003
   (2) is not affected by publication of this List of Standards.

In accordance with Art 17(2) of the Framework Directive, in the absence of standards and/or specifications in this list, Member States must encourage the implementation of standards and/or specifications adopted by European standards organisations and, in the absence of such standards and/or specifications, encourage the implementation of international standards or recommendations adopted by the International Telecommunications Union (ITU), the International Organisation for Standardisation (ISO) or the International Electro technical Commission (IEC).

The present publication is a selective list of standards and/or specifications in the areas concerned. Compared to the interim list of standards (2002/C 331/04), fewer standards and/or specifications have been included, recognising that Article 17(2) of the Framework Directive already requires Member States to encourage the use of standards or specifications adopted by the European Standardisation Organisations other than those published in the List of Standards.

This list of standards has been produced taking into account following criteria. These criteria were drawn up in cooperation with Member States in the Communications Committee and subsequently validated via a public consultation.

The revised list should include standards and/or specifications:

| — | For interconnection of, or access to, electronic communications networks and/or interoperability of electronic communications services, to the extent strictly necessary to ensure end-to-end user interoperability and freedom of choice for users; |
| --- | --- |

—

For interconnection of, or access to, electronic communications networks and/or interoperability of electronic communications services, to the extent strictly necessary to ensure end-to-end user interoperability and freedom of choice for users;

| — | Whose implementation does not represent an undue expense as compared with the expected benefits (i.e. proportionality); |
| --- | --- |

—

Whose implementation does not represent an undue expense as compared with the expected benefits (i.e. proportionality);

| — | and that fulfil one or both of the following criteria: |
| --- | --- |

—

and that fulfil one or both of the following criteria:

| — | Standards and/or specifications for key interfaces representing the boundaries between systems owned and operated by different parties, including cross-border aspects, in particular standards and/or specifications solving severe and likely cases of non-interoperability or a lack of freedom of choice; |
| --- | --- |

—

Standards and/or specifications for key interfaces representing the boundaries between systems owned and operated by different parties, including cross-border aspects, in particular standards and/or specifications solving severe and likely cases of non-interoperability or a lack of freedom of choice;

| — | Standards and/or specifications which are relevant in today's marketplace, which are still evolving and have some future life span. |
| --- | --- |

—

Standards and/or specifications which are relevant in today's marketplace, which are still evolving and have some future life span.

The revised list should not include:

| — | Standards and/or specifications for well established networks and services that are no longer subject to evolution; |
| --- | --- |

—

Standards and/or specifications for well established networks and services that are no longer subject to evolution;

| — | Standards and/or specifications for networks and services that are currently in an early phase of their development; |
| --- | --- |

—

Standards and/or specifications for networks and services that are currently in an early phase of their development;

| — | By implication of paragraph (1)(c) standards and/or specifications where achieving interoperability and freedom of choice can be left to the market because it will be secured through consumer demand or industry interest. |
| --- | --- |

—

By implication of paragraph (1)(c) standards and/or specifications where achieving interoperability and freedom of choice can be left to the market because it will be secured through consumer demand or industry interest.

Notwithstanding the criteria in (1) and (2) above, special attention should be given to:

| — | Standards and/or specifications currently in use for regulation at national or European level, where the impact of their elimination should be first assessed. |
| --- | --- |

—

Standards and/or specifications currently in use for regulation at national or European level, where the impact of their elimination should be first assessed.

| — | Standards and/or specifications that are needed to provide specific public interest obligations, according to national or Community law, that operators do not have a commercial incentive to implement. |
| --- | --- |

—

Standards and/or specifications that are needed to provide specific public interest obligations, according to national or Community law, that operators do not have a commercial incentive to implement.

PREFACE

1.   General

The standards and/or specifications listed hereafter constitute the ’List of Standards and/or specifications’ referred to in Art.1 of the Commission Decision C(2006)6364 of 11/XII/2006.

Pursuant to Article 17(1) of the Framework Directive (2002/21/EC) the Commission draws up and publishes in the Official Journal of the European Communities a list of standards and/or specifications to serve as a basis for encouraging the harmonised provision of electronic communications networks, electronic communications services and associated facilities and services.

If the standards and/or specifications referred to in the paragraph above have not been adequately implemented so that interoperability of services in one or more Member States cannot be ensured, the implementation of such standards and/or specifications may be made compulsory under the procedure laid down in paragraph 4 of Article 17 of the Framework Directive.

The List of Standards will be revised on a regular basis to take account of requirements resulting from new technologies and market changes. Interested parties are encouraged to comment on this issue.

The Communications Committee (3) has been consulted insofar as the list relates to Article 17 of the Framework Directive.

Standards agreed under the R&TTE Directive (1999/5/EC) and published in the Official Journal of the European Union are outside the scope of this document.

2.   Structure of the list of standards

| — | Chapter I: Compulsory standards and/or specifications |
| --- | --- |

—

Chapter I: Compulsory standards and/or specifications

| — | Chapter II: Transparent transmission capacity |
| --- | --- |

—

Chapter II: Transparent transmission capacity

| — | Chapter III: Publicly offered user interfaces. |
| --- | --- |

—

Chapter III: Publicly offered user interfaces.

| — | Chapter IV: Interconnection and access |
| --- | --- |

—

Chapter IV: Interconnection and access

| — | Chapter V: Services and features |
| --- | --- |

—

Chapter V: Services and features

| — | Chapter VI: Numbering and addressing |
| --- | --- |

—

Chapter VI: Numbering and addressing

| — | Chapter VII: Quality of Service |
| --- | --- |

—

Chapter VII: Quality of Service

| — | Chapter VIII: Broadcasting Services |
| --- | --- |

—

Chapter VIII: Broadcasting Services

3.   Status of the standards and/or specifications in the list

The status of standards and/or specifications is different for the standards and/or specifications in Chapter I and other chapters of the document.

Standards and/or specifications listed in Chapter I are compulsory to use. Standards and/or specifications can be made compulsory by following the procedure set out in Article 17(4) of the Framework Directive. According to Article 17(4) of the Framework Directive, ‘where the Commission intends to make the implementation of certain standards and/or specifications compulsory, it shall publish a notice in the Official Journal of the European Communities and invite public comment by all parties concerned’. The Commission acting in accordance with the procedure referred to in Article 22(3) of the Framework Directive, shall make implementation of the relevant standards and/or specifications compulsory by making reference to them as compulsory standards and/or specifications in the List of Standards published in the Official Journal of the European Communities.

The use of standards and/or specifications listed in Chapters II to VIII is encouraged but there is no legal obligation to implement them. According to Article 17(2) of the Framework Directive, ‘Member States shall encourage the use of the standards and/or specifications referred to (. . .) for the provision of services, technical interfaces and/or network functions, to the extent strictly necessary to ensure interoperability of services and to improve freedom of choice for users’. In this context, the list of recommended standards and/or specifications should be seen as candidates to become compulsory standards and/or specifications as soon as the authorities detect effects of market distortion, associated to the insufficient respect of recommended standards and/or specifications.

In accordance with Article 17 of the Framework Directive, the purpose of this list is ‘to serve as a basis for encouraging the harmonised provision of electronic communications networks, electronic communications services and associated facilities and services’ (first paragraph), ‘to ensure interoperability of services and to improve freedom of choice for users.’ (second paragraph). This should be kept in mind when implementing standards and/or specifications which contain alternatives or optional clauses.

According to Article 17(5) and (6) of the Framework Directive, ‘where the Commission considers that standards and/or specifications (. . .) no longer contribute to the provision of harmonised electronic communications services, or that they no longer meet consumers' needs or are hampering technological development, it shall (. . .) remove them from the list of standards and/or specifications (. . .).’.

Apart from the standards and/or specifications mentioned in Chapter I of this list, other legislative measures within the regulatory framework for electronic communications networks and services may result in the use of certain standards and/or specifications being made compulsory for some undertakings.

4.   Standard and/or specification version

When no version number of the standard and/or specification is quoted, the version referred to in this list is the version valid at the time that the list is published.

Unless otherwise specified, when referring to a multipart standard and/or specification, all the parts and subparts of the standard and/or specification are relevant. In some cases, where clearly specified, only certain parts of a standard and/or specification are included in the list.

5.   Technical standards and/or specifications

Most of the standards and specifications mentioned in this list are ETSI deliverables under both the previous and current ETSI nomenclature. Definitions of the different type of ETSI deliverables can be found under ‘ETSI Directives’ available on: http://portal.etsi.org/directives/

The most relevant of these deliverables are:

Deliverables under the current ETSI nomenclature:

Technical Specification, TS, contains mainly normative provisions, approved by a Technical Body.

Technical Report, TR, contains mainly informative elements, approved by a Technical Body.

Standard, ES, contains mainly normative provisions, approved by ETSI Membership.

Guide, EG, contains mainly informative elements, approved by ETSI Membership.

Special Report, SR, contains information made publicly available for reference purposes.

European Standard (telecommunications series), EN, contains normative provisions, approved by the National Standards Organizations and/or National Delegations with implications concerning Standstill and National transposition.

Harmonized Standard, an EN (telecommunications series) the drafting of which has been entrusted to ETSI by a mandate from the European Commission under European Directives 98/34/EC and 98/48/EC and has been drafted taking into account the applicable essential requirements of the ‘New Approach’ Directive and whose reference has subsequently been announced in the Official Journal of the European Communities.

Deliverables under the previous ETSI nomenclature to which reference is made in the list:

European Telecommunication Standard, ETS, contains normative provisions approved by the National Standards Organizations and/or National Delegations with implications concerning standstill and national transposition.

ETSI Technical Report, ETR, contains informative elements approved by a Technical Committee.

6.   Addresses where documents referenced can be obtained

ETSI Publications Office

postal address:

| ETSI |
| --- |
| 650 Route des Lucioles |
| F-06921 Sophia Antipolis Cedex |
| France |
| tel. (33 -4) 92 94 42 41 |
| fax (33 -4) 93 95 81 33 |
| e-mail: publications@etsi.fr |
| website: |

ETSI

650 Route des Lucioles

F-06921 Sophia Antipolis Cedex

France

tel. (33 -4) 92 94 42 41

fax (33 -4) 93 95 81 33

e-mail: publications@etsi.fr

website:

http://www.etsi.org/services_products/freestandard/home.htm

Direct download of ETSI deliverables can be obtained on: http://pda.etsi.org/pda/queryform.asp

ITU Sales and Marketing Service (For ITU-T documents)

| postal address: ITU |
| --- |
| Place des Nations |
| CH-1211 Geneva 20 |
| Switzerland |
| tel.: | (41 -22) 730 61 41 (English)
  (41 -22) 730 61 42 (French)
  (41 -22) 730 61 43 (Spanish) |

postal address: ITU

Place des Nations

CH-1211 Geneva 20

Switzerland

tel.:

(41 -22) 730 61 41 (English)

(41 -22) 730 61 42 (French)

(41 -22) 730 61 43 (Spanish)

fax (41 -22) 730 51 94

e-mail: sales@itu.int

website: http://www.itu.int

7.   References to EU legislation

The list refers to the following legislative documents which may be found at http://europa.eu.int/information_society/topics/telecoms/regulatory/index_en.htm

Directive 2002/21/EC (Framework Directive) of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (OJ L 108, 24.4.2002, p. 33).

Directive 2002/19/EC (Access Directive) of the European Parliament and of the Council on access to, and interconnection of, electronic communications networks and services and associated facilities (OJ L 108, 24.4.2002, p. 7).

Directive 2002/22/EC (Universal Service Directive) of the European Parliament and of the Council on Universal service and users' rights relating to electronic communications networks and services (OJ L 108, 24.4.2002, p. 51).

Directive 2002/58/EC (Directive on privacy and electronic communications) of the European Parliament and of the Council on the processing of personal data and the protection of privacy in the electronic communications sector (OJ L 201, 31.7.2002, p. 27).

Directive 2002/20/EC (Authorisation Directive) of the European Parliament and of the Council on the authorisation of electronic communications networks and services (OJ L 108, 24.4.2002, p. 21).

Recommendation 2000/417/EC of the Commission on unbundled access to the local loop (OJ L 156, 29.6.2000, p. 44).

Regulation EC/2887/2000 of the European Parliament and of the Council on unbundled access to the local loop (OJ L 336, 30.12.2000, p. 4).

Commission Recommendation (2005/57/EC) of 21 January 2005 on the provision of leased lines in the European Union (Part 1 — Major supply conditions for wholesale leased lines) (notified under document number C (2005) 103). (OJ L 24, 27.1.2005, p. 27)

Commission Recommendation (2005/268/EC) of 29 March 2005 on the provision of leased lines in the European Union — Part 2 — pricing aspects of wholesale leased lines part circuits (notified under document number C(2005) 951). (OJ L 083, 01.04.2005 p. 52)

Commission Recommendation 2003/558/EC of 25 July 2003 on the processing of caller location information in electronic communication networks for the purpose of location-enhanced emergency call services. (OJ L 189, 29.7.2003, p. 49)

Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity. (R&TTE Directive) (OJ L 91, 7.4.1999, p. 10)

Council Decision 2001/792/EC of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions. (OJ L 297, 15.11.2001, p. 7)

Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision). (OJ L 108, 24.4.2002, p. 1)

Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services, as modified by Directive 98/48/EC. (OJ L 204, 21.7.1998 p. 37)

COM(2004)541 ‘Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on interoperability of digital interactive television services’ of 30 July 2004.

COM(2006)37 ‘Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on reviewing the interoperability of digital interactive television services’ of 2 February 2006, pursuant to communication COM(2004)541 of 30 July 2004.

8.   Definitions and abbreviations

Definitions

The definitions in the relevant EU legislation listed in section 7 apply.

Abbreviations

For the purposes of the present document, the following abbreviations apply:

| 3GPP | 3rdGeneration Partnership Project |
| --- | --- |
| API | Application Program Interface |
| DAB | Digital Audio Broadcasting |
| DVB | Digital Video Broadcasting |
| ETSI | European Telecommunications Standards Institute |
| GSM | Global System for Mobile communications |
| ISDN | Integrated Service Digital Network |
| IP | Internet Protocol |
| IPAT | Internet Protocol Access Terminal |
| ITU | International Telecommunications Union |
| MHEG | Multimedia and Hypermedia Experts Group |
| MHP | Multimedia Home Platform |
| NGN | Next Generation Networks |
| NTP | Network Termination Point |
| OSA | Opens Service Access |
| PoI | Point of Interconnection |
| PSTN | Public Switched Telephone Network |
| QoS | Quality of Service |
| ULL | Unbundled Local Loop |
| UMTS | Universal Mobile Telecommunications System |
| WML | Wireless Mark-up Language |
| WTVML | Wireless TeleVision Mark-up Language, also designated WTML |

3GPP

3rdGeneration Partnership Project

API

Application Program Interface

DAB

Digital Audio Broadcasting

DVB

Digital Video Broadcasting

ETSI

European Telecommunications Standards Institute

GSM

Global System for Mobile communications

ISDN

Integrated Service Digital Network

IP

Internet Protocol

IPAT

Internet Protocol Access Terminal

ITU

International Telecommunications Union

MHEG

Multimedia and Hypermedia Experts Group

MHP

Multimedia Home Platform

NGN

Next Generation Networks

NTP

Network Termination Point

OSA

Opens Service Access

PoI

Point of Interconnection

PSTN

Public Switched Telephone Network

QoS

Quality of Service

ULL

Unbundled Local Loop

UMTS

Universal Mobile Telecommunications System

WML

Wireless Mark-up Language

WTVML

Wireless TeleVision Mark-up Language, also designated WTML

LIST OF STANDARDS AND/OR SPECIFICATIONS FOR ELECTRONIC NETWORKS, SERVICES AND ASSOCIATED

Facilities and services

The purpose of publishing standards and/or specifications in the list is to encourage the provision of harmonised electronic communications services to the benefit of users throughout the Community, to ensure interoperability and to support the implementation of the regulatory framework. The main guiding principle to include standards and/or specifications is to focus on standards and/or specifications related to the provisions in the Directives. The criteria used to include standards and/or specifications in this list, have been explained in the explanatory note.

CHAPTER I

1.   Compulsory Standards

There are no compulsory standards in the present document.

Standards can be made compulsory by following the procedure set out in Article 17(4) of the Framework Directive. Where the Commission intends to make the implementation of certain standards and/or specifications compulsory, it shall publish a notice in the Official Journal of the European Communities and invite public comment by all parties concerned.

CHAPTER II

2.   Transparent transmission capacity

2.1.   Local Loop access to third parties

| Technical interfaces and/or service features | Reference | Notes |
| --- | --- | --- |
| Spectral management on metallic access networks; Part 1: Definitions and signal library | ETSI TR 101 830-1 (V.1.1.1) | |

Technical interfaces and/or service features

Reference

Notes

Spectral management on metallic access networks; Part 1: Definitions and signal library

ETSI TR 101 830-1 (V.1.1.1)

CHAPTER III

3.   Publicly offered user interfaces (NTP)

Under certain market conditions (4) a National Regulatory Authority may impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities.

No standard and/or specification is included in the present List of Standards, as none were currently seen to be satisfying the criteria set out in the explanatory note.

CHAPTER IV

4.   Interconnection and access

Under the provisions of the Access Directive, providers of Electronic Communication Networks and Services may have particular interconnection and/or access obligations.

ULL and bitstream standards and/or specifications are included in Chapter II.

4.1.   Application Program Interfaces

| Technical interfaces and/or service features | Reference | Notes |
| --- | --- | --- |
| Open Service Access (OSA); Application Programming Interface (API/Parlay 3) | ETSI ES 201 915 series | |
| Open Service Access (OSA); Application Programming Interface (API/Parlay 4) | ETSI ES 202 915 series | |
| Open Service Access (OSA); Application Programming Interface (API/Parlay 5) | ETSI ES 203 915 series | |
| UMTS Customized Applications for Mobile network Enhanced Logic (CAMEL) Phase 3; CAMEL Application Part (CAP) specification | ETSI TS 129 078 | |
| UMTS Open Service Access (OSA); Application Programming Interface (API); Part 1: Overview | ETSI TS 129 198-1 | |
| UMTS Open Services Architecture Application Programming Interface — Part 2 | ETSI TR 129 998 | |

Technical interfaces and/or service features

Reference

Notes

Open Service Access (OSA); Application Programming Interface (API/Parlay 3)

ETSI ES 201 915 series

Open Service Access (OSA); Application Programming Interface (API/Parlay 4)

ETSI ES 202 915 series

Open Service Access (OSA); Application Programming Interface (API/Parlay 5)

ETSI ES 203 915 series

UMTS Customized Applications for Mobile network Enhanced Logic (CAMEL) Phase 3; CAMEL Application Part (CAP) specification

ETSI TS 129 078

UMTS Open Service Access (OSA); Application Programming Interface (API); Part 1: Overview

ETSI TS 129 198-1

UMTS Open Services Architecture Application Programming Interface — Part 2

ETSI TR 129 998

4.2.   Access to network facilities and services

No standard and/or specification is included in the present List of Standards, as none were currently seen to be satisfying the criteria set out in the explanatory note.

4.3.   Interconnection

| Technical interfaces and/or service features | Reference | Notes |
| --- | --- | --- |
| IPCablecom; Part 12: Internet Signalling Transport Protocol (ISTP) | ETSI TS 101 909-12 | defines the SS7 interface to the Signalling Gateway of an IPCablecom network |
| IPCablecom; Part 23: Internet Protocol Access Terminal — Line Control Signalling (IPAT — LCS) | ETSI TS 101 909-23 | identifies the V5.2 signalling interface to the IPAT of an IPCablecom network |

Technical interfaces and/or service features

Reference

Notes

IPCablecom; Part 12: Internet Signalling Transport Protocol (ISTP)

ETSI TS 101 909-12

defines the SS7 interface to the Signalling Gateway of an IPCablecom network

IPCablecom; Part 23: Internet Protocol Access Terminal — Line Control Signalling (IPAT — LCS)

ETSI TS 101 909-23

identifies the V5.2 signalling interface to the IPAT of an IPCablecom network

CHAPTER V

5.   Services and features

5.1.   Caller Location

| Technical interfaces and/or service features | Reference | Notes |
| --- | --- | --- |
| Emergency location protocols | ETSI TS 102 164 | |
| Location Services (LCS); Functional description; Stage 2 (UMTS) | ETSI TS 123 171 | |

Technical interfaces and/or service features

Reference

Notes

Emergency location protocols

ETSI TS 102 164

Location Services (LCS); Functional description; Stage 2 (UMTS)

ETSI TS 123 171

5.2.   Broadcasting aspects

Broadcast standards and/or specifications found relevant are included in Chapter VIII.

5.3.   Advice of charge (AoC)

No standard and/or specification is included in the present List of Standards, as none were currently seen to be satisfying the criteria set out in the explanatory note.

5.4.   Directory Enquiry Services

| Technical interfaces and/or service features | Reference | Notes |
| --- | --- | --- |
| Computerized directory assistance | ITU-T Recommendation E.115 (02/95) | Is currently used to implement international public directory services |
| International public directory services | ITU-T Recommendation F.510 | Also suitable for interconnecting national directory databases. |
| Unified Directory Specification | ITU-T Recommendation F.515 | |

Technical interfaces and/or service features

Reference

Notes

Computerized directory assistance

ITU-T Recommendation E.115 (02/95)

Is currently used to implement international public directory services

International public directory services

ITU-T Recommendation F.510

Also suitable for interconnecting national directory databases.

Unified Directory Specification

ITU-T Recommendation F.515

5.5.   Anonymous Call Rejected (ACR)

Although ACR was standardized for PSTN/ISDN networks, only some of the current implementations do partly comply with the standards and/or specifications and ACR was not standardized for GSM networks.

No standard and/or specification is included in the present List of Standards, as none were currently seen to be satisfying the criteria set out in the explanatory note.

CHAPTER VI

6.   Numbering and addressing

6.1.   Carrier selection and carrier pre-selection

No standard and/or specification is included in the present List of Standards, as none were currently seen to be satisfying the criteria set out in the explanatory note.

6.2.   Number portability

No standard and/or specification is included in the present List of Standards, as none were currently seen to be satisfying the criteria set out in the explanatory note.

CHAPTER VII

7.   Quality of service (QoS)

| Technical interfaces and/or service features | Reference | Notes |
| --- | --- | --- |
| User related QoS parameter definitions and measurements | ETSI EG 202 057 series
  (parts 1 to 4) | |
| Quality of telecom services; | ETSI EG 202 009 series
  (parts 1 to 3) | Parameters relevant to the users |
| Performance parameter definitions for quality of speech and other voice band applications utilising IP networks | ITU-T Recommendation G.1020 (Including annex A) | |

Technical interfaces and/or service features

Reference

Notes

User related QoS parameter definitions and measurements

ETSI EG 202 057 series

(parts 1 to 4)

Quality of telecom services;

ETSI EG 202 009 series

(parts 1 to 3)

Parameters relevant to the users

Performance parameter definitions for quality of speech and other voice band applications utilising IP networks

ITU-T Recommendation G.1020 (Including annex A)

Note. Under Articles 11 and 22 of the Universal Service Directive, national regulatory authorities may in specified circumstances require the use of certain standards and/or specifications for supply-time and quality-of-service parameters, definitions and measurement methods. These standards and/or specifications are listed in Annex III of the Directive.

7.1.   Grade of Service

| Technical interfaces and/or service features | Reference | Notes |
| --- | --- | --- |
| End-user multimedia QoS categories | ITU-T Recommendation G.1010 (11/01) | |

Technical interfaces and/or service features

Reference

Notes

End-user multimedia QoS categories

ITU-T Recommendation G.1010 (11/01)

7.2.   Network performance objectives

The present List of Standards only includes standards and/or specifications relevant to IP based services.

| Technical interfaces and/or service features | Reference | Notes |
| --- | --- | --- |
| Network performance objectives for IP-based services | ITU-T Recommendation Y.1541 (including Appendix X and Amendments 1 and 2) | Some technologies may need special treatment on tolerances. |
| Quality of Service (QoS) concept and architecture | ETSI TS 123 107
  (3GPP TS 23.107) | Mapping between ITU-T Recommendation Y.1541 and TS 123107 QoS Classes |

Technical interfaces and/or service features

Reference

Notes

Network performance objectives for IP-based services

ITU-T Recommendation Y.1541 (including Appendix X and Amendments 1 and 2)

Some technologies may need special treatment on tolerances.

Quality of Service (QoS) concept and architecture

ETSI TS 123 107

(3GPP TS 23.107)

Mapping between ITU-T Recommendation Y.1541 and TS 123107 QoS Classes

CHAPTER VIII

8.   Broadcasting Services

8.1.   Application Program Interfaces

| Technical interfaces and/or service features | Reference | Notes |
| --- | --- | --- |
| Digital Video Broadcasting (DVB); Multimedia Home Platform (MHP) Specification 1.1.1 | ETSI TS 102 812 | version 1.2.1 |
| Digital Video Broadcasting (DVB); Multimedia Home Platform (MHP) Specification 1.0.3 | ETSI ES 201 812 | version 1.1.1
  previously TS 101812 v. 1.3.1 |
| MHEG-5 Broadcast Profile | ETSI ES 202 184 | version 1.1.1 |

Technical interfaces and/or service features

Reference

Notes

Digital Video Broadcasting (DVB); Multimedia Home Platform (MHP) Specification 1.1.1

ETSI TS 102 812

version 1.2.1

Digital Video Broadcasting (DVB); Multimedia Home Platform (MHP) Specification 1.0.3

ETSI ES 201 812

version 1.1.1

previously TS 101812 v. 1.3.1

MHEG-5 Broadcast Profile

ETSI ES 202 184

version 1.1.1

8.2.   Standards and/or specifications for the realisation of interactive television content

| Technical interfaces and/or service features | Reference | Notes |
| --- | --- | --- |
| WTVML, Specification for a Lightweight Microbrowser for interactive TV applications, based on and compatible with WML | ETSI TS 102322 | version 1.1.1 |

Technical interfaces and/or service features

Reference

Notes

WTVML, Specification for a Lightweight Microbrowser for interactive TV applications, based on and compatible with WML

ETSI TS 102322

version 1.1.1

8.3.   Digital Broadcasting

| Technical interfaces and/or service features | Reference | Notes |
| --- | --- | --- |
| Digital Audio Broadcasting (DAB);
  A Virtual Machine: DAB Java Specification | ETSI TS 101993 | |

Technical interfaces and/or service features

Reference

Notes

Digital Audio Broadcasting (DAB);

A Virtual Machine: DAB Java Specification

ETSI TS 101993

---

(1)  
  OJ C 71, 23.3.2006, p. 9.

(2)  
  OJ L 186, 25.7.2003, p. 43.

(3)  Established under Article 22 of the Framework Directive.

(4)  See Article 8.2 of the Access Directive.

---

| 27.3.2007 | EN | Official Journal of the European Union | L 86/20 |
| --- | --- | --- | --- |

27.3.2007

EN

Official Journal of the European Union

L 86/20

---

DECISION No 1/2006 OF THE JOINT MANAGEMENT COMMITTEE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF CHILE ON SANITARY AND PHYTOSANITARY MEASURES APPLICABLE TO TRADE IN ANIMALS AND ANIMAL PRODUCTS, PLANTS AND PLANT PRODUCTS AND OTHER GOODS AND ANIMAL WELFARE

of 9 November 2006

amending Appendices IC, IIIA, IIIB and XI to Annex IV to the Agreement

(2007/177/EC)

THE COMMITTEE,

Having regard to the Agreement between the European Community and the Republic of Chile on sanitary and phytosanitary (SPS) measures applicable to trade in animals and animal products, plants, plant products and other goods and animal welfare, and in particular Article 16(2) thereto,

Whereas:

| (1) | The SPS Agreement with Chile provisionally entered into force on 1 February 2003. |
| --- | --- |

(1)

The SPS Agreement with Chile provisionally entered into force on 1 February 2003.

| (2) | Appendix IC to the SPS Agreement should be amended to take account of the recommendation by the working group on animal welfare, endorsed by the Joint Management Committee, to extend the scope of the Agreement to other animal welfare standards concerning the transport of animals by land and sea. |
| --- | --- |

(2)

Appendix IC to the SPS Agreement should be amended to take account of the recommendation by the working group on animal welfare, endorsed by the Joint Management Committee, to extend the scope of the Agreement to other animal welfare standards concerning the transport of animals by land and sea.

| (3) | Appendix IIIA to the SPS Agreement should be amended to take account of the changes in the legislation of the Community and Chile. |
| --- | --- |

(3)

Appendix IIIA to the SPS Agreement should be amended to take account of the changes in the legislation of the Community and Chile.

| (4) | Appendix IIIB to the SPS Agreement should be amended to take account of footnote 1 that establishes that the Joint Management Committee shall complete the lists of this Appendix by means of a decision. |
| --- | --- |

(4)

Appendix IIIB to the SPS Agreement should be amended to take account of footnote 1 that establishes that the Joint Management Committee shall complete the lists of this Appendix by means of a decision.

| (5) | Appendix XI to the SPS Agreement should be amended to take account of the changes in the Community and Chilean contact points and Websites for the Agreement, |
| --- | --- |

(5)

Appendix XI to the SPS Agreement should be amended to take account of the changes in the Community and Chilean contact points and Websites for the Agreement,

HAS ADOPTED THIS DECISION:

Article 1

Appendices IC, IIIA, IIIB and XI to the SPS Agreement between the European Community and the Republic of Chile are hereby replaced by the Appendices in the Annex to this Decision.

Article 2

This Decision, drawn up in duplicate, shall be signed by the Joint Chairmen or other persons empowered to act in the name of the Parties.

Article 3

This Decision shall be published in the Official Journal of the European Union.

It shall take effect on the date of signature.

Signed at Santiago, 9 November 2006.

For the Joint Management Committee

Head of Delegation of the Republic of Chile

Lexy OROZCO

Head of Delegation of the Community

Paul van GELDORP

---

ANNEX

Appendix IC

Animal welfare standards

Standards concerning:

| — | stunning and slaughter of animals |
| --- | --- |

—

stunning and slaughter of animals

| — | transport of animals by land and sea |
| --- | --- |

—

transport of animals by land and sea

Appendix IIIA

ANIMAL AND FISH DISEASES SUBJECT TO NOTIFICATION, FOR WHICH THE STATUS OF THE PARTIES IS RECOGNISED AND FOR WHICH REGIONALISATION DECISIONS MAY BE TAKEN

| Diseases | Community legal basis | Chile legal basis |
| --- | --- | --- |
| General | Specifics |
| Foot-and-mouth disease | Directivas 2003/85/CE, 64/432/CEE, 82/894/CEE,
  2002/99/CE y 2004/68/CE,
  Decisión 79/542/CEE | 1) | Decreto Ley no 176/24 |

Diseases

Community legal basis

Chile legal basis

General

Specifics

Foot-and-mouth disease

Directivas 2003/85/CE, 64/432/CEE, 82/894/CEE,

2002/99/CE y 2004/68/CE,

Decisión 79/542/CEE

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto no 644/51 del Ministerio de Agricultura |
| --- | --- |

3)

Decreto no 644/51 del Ministerio de Agricultura

| 4) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

4)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 5) | Decreto Supremo del Ministerio de Agricultura no 46/78 |
| --- | --- |

5)

Decreto Supremo del Ministerio de Agricultura no 46/78

| 6) | Decreto no 142/84, del Ministerio de Agricultura |
| --- | --- |

6)

Decreto no 142/84, del Ministerio de Agricultura

| 7) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

7)

Decreto no 73/85 del Ministerio de Agricultura

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 9) | Ley no 18617/87 del Ministerio de Agricultura |
| --- | --- |

9)

Ley no 18617/87 del Ministerio de Agricultura

| 10) | Ley 18755/89 modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

10)

Ley 18755/89 modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 11) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 12) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

12)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 13) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

13)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 14) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

14)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 15) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

15)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1091/03, 1191/01, 1446/95, 1447/95, 1483/92, 1487/92, 1720/95, 1725/90, 1995/97, 2212/04, 23/00, 2337/03, 2374/97, 2375/97, 2379/97, 24/00, 2404/96, 2405/96, 25/00, 27/00, 2732/94, 2734/94, 2738/99, 2935/98, 2988/95, 316/92, 317/03, 3251/94, 3397/98, 35/01, 431/98, 487/00, 580/02, 624/99, 685/94, 833/02, 887/03, 937/95 y 938/91

Swine vesicular disease

Directivas 92/119/CEE, 64/432/CEE, 82/894/CEE, 2002/99/CE y 2004/68/CE

Decisión 79/542/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1598/91, 2337/03, 2375/97, 2379/97, 24/00, 25/00, 317/03, 3397/98, 431/98 y 685/94

Vesicular stomatitis

Directivas 92/119/CEE, 82/894/CEE, 2002/99/CE y 2004/68/CE

Decisión 79/542/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1091/03, 1447/95, 1486/92, 1487/92, 1676/03, 1720/95, 1808/90, 1995/97, 2337/03, 2374/97, 2375/97, 2404/96, 2405/96, 2733/94, 2738/99, 2854/95, 2935/98, 317/03, 3274/94, 3393/96, 487/00, 580/02, 685/94 y 937/95

African horse sickness

Directivas 90/426/CEE, 92/35/CEE y 82/894/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto Supremo del Ministerio de Agricultura no 644/37 |
| --- | --- |

3)

Decreto Supremo del Ministerio de Agricultura no 644/37

| 4) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

4)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 5) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

5)

Decreto no 73/85 del Ministerio de Agricultura

| 6) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

6)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 7) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

7)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 11) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 12) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

12)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1357/94, 1357/94, 1486/92, 1598/91, 1676/03, 1806/90, 1808/90, 2337/03, 2375/97, 2496/94, 2733/94, 2854/95, 3274/94, 3393/96 y 431/98

African swine fever

Directivas 64/432/CEE, 82/894/CEE, 2002/60/CE, 2002/99/CE y 2004/68/CE

Decisión 79/542/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 225/78 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 225/78 del Ministerio de Agricultura

| 5) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

5)

Decreto no 73/85 del Ministerio de Agricultura

| 6) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

6)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 7) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

7)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 11) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 12) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

12)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1598/91, 2337/03, 2375/97, 2379/97, 24/00, 25/00, 27/00, 317/03, 3397/98, 431/98 y 685/94

Bluetongue

Directivas 82/894/CEE, 2004/68/CE y 2000/75/CE

Decisión 79/542/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1091/03, 1446/95, 1447/95, 1483/92, 1487/92, 1995/97, 2212/04, 2337/03, 2374/97, 2404/96, 2405/96, 2738/99, 2935/98, 35/01, 487/00, 580/02, 624/99 y 937/95

Highly pathogenic Avian influenza

Directivas 92/40/CEE, 90/539/CEE, 82/894/CEE, 2002/99/CE y 2005/94/CE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1357/94, 1597/97, 1598/91, 2313/03, 2337/03, 2375/97, 2809/96, 32/04, 3356/03, 3601/96, 431/98 685/93, 535/03, 16/04, 4277/04, 6384/05, 6068/05, 872/06, 1846/06 y 2168/06

Newcastle disease (NCD)

Directivas 92/66/CEE, 90/539/CEE, 82/894/CEE y 2002/99/CE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1357/94, 1597/97, 1598/91, 2313/03, 2337/03, 2375/97, 2809/96, 32/04, 3356/03, 3601/96, 431/98 y 685/93

Peste des petits ruminants

Directivas 92/119/CEE, 82/894/CEE y 2002/99/CE

Decisión 79/542/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1357/94, 1446/95, 1483/92, 1725/90, 1995/97, 2212/04, 2337/03, 2375/97, 2734/94, 3251/94, 35/01 y 487/00

Rinderpest

Directivas 92/119/CEE, 64/432/CEE, 82/894/CEE, 2004/68/CE y 2002/99/CE

Decisión 79/542/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1091/03, 1191/01, 1357/94, 1446/95, 1447/95, 1483/92, 1487/92, 1598/91, 1720/95, 1725/90, 1995/97, 2212/04, 2337/03, 2374/97, 2375/97, 2379/97, 24/00, 2404/96, 2405/96, 25/00, 27/00, 2732/94, 2734/94, 2738/99, 2935/98, 2988/95, 316/92, 3251/94, 3397/98, 35/01, 431/98, 487/00, 580/02, 624/99, 685/94, 833/02, 887/03 y 937/95

Classical swine fever

Directivas 80/217/CEE, 82/894/CEE, 64/432/CEE, 2001/89/CE 2004/68/CE y 2002/99/CE

Decisión 79/542/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1598/91, 2337/03, 2375/97, 2379/97, 24/00, 25/00, 27/00, 317/03, 3397/98, 431/98 y 685/94

Contagious bovine pleuro-pneumonia

Directivas 64/432/CEE, 82/894/CEE y 2004/68/CE

Decisión 79/542/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1091/03, 1357/94, 1447/95, 1487/92, 1598/91, 1720/95, 2212/04, 2337/03, 2374/97, 2375/97, 2404/96, 2405/96, 2738/99, 2935/98, 431/98, 580/02, 624/99, 833/02, 887/03 y 937/95

Sheep and goat pox

Directivas 92/119/CEE, 82/894/CEE y 2004/68/CE

Decisión 79/542/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1446/95, 1483/92, 1995/97, 2212/04, 2337/03, 2375/97, 2734/94, 3251/94, 35/01 y 487/00

Rift Valley fever

Directivas 92/119/CEE, 82/894/CEE y 2004/68/CE

Decisión 79/542/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1091/03, 1357/94, 1446/95, 1483/92, 1487/92, 1598/91, 1720/95, 1995/97, 2337/03, 2374/97, 2375/97, 2404/96, 2405/96, 2738/99, 2935/98, 316/92, 431/98, 487/00, 580/02, 624/99 y 937/95

Lumpy skin disease

Directivas 92/119/CEE, 82/894/CEE y 2004/68/CE

Decisión 79/542/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1091/03, 1447/95, 1483/92, 1487/92, 1720/95, 2337/03, 2374/97, 2375/97, 2404/96, 2405/96, 2732/94, 2738/99, 2935/98, 580/02, 624/99 y 937/95

Venezuelan equine encephalomyelitis

Directivas 90/426/CEE y 82/894/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto Supremo del Ministerio de Agricultura no 644/37 |
| --- | --- |

3)

Decreto Supremo del Ministerio de Agricultura no 644/37

| 4) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

4)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 5) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

5)

Decreto no 73/85 del Ministerio de Agricultura

| 6) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

6)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 7) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

7)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 11) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 12) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

12)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1486/92, 1676/03, 1808/90, 2496/94, 2733/94, 2854/95, 3274/94 y 3393/96

Glanders

Directivas 90/426/CEE y 82/894/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola Ganadero nos 1357/94, 1486/92, 1598/91, 1676/03, 1806/90, 1808/90, 2496/94, 2733/94, 2854/95, 3393/96 y 431/98

Dourine

Directivas 90/426/CEE y 82/894/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1486/92, 1676/03, 1808/90, 2496/94, 2854/95 y 3393/96

Porcine Enterovirus encephalomyelitis

Directiva 82/894/CEE

Decisión 79/542/CEE

| 1) | Decreto Ley no 176/24 |
| --- | --- |

1)

Decreto Ley no 176/24

| 2) | Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Agricultura, Industria y Colonización no 318/25

| 3) | Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63 |
| --- | --- |

3)

Decreto con Fuerza de Ley Reglamento Reforma Agraria del Ministerio de Hacienda no 16/63

| 4) | Decreto no 73/85 del Ministerio de Agricultura |
| --- | --- |

4)

Decreto no 73/85 del Ministerio de Agricultura

| 5) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97 |
| --- | --- |

5)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1143/85, modificada por la no 1762/97

| 6) | Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura |
| --- | --- |

6)

Ley 18755/89, modificada por la Ley 19263/94, ambas del Ministerio de Agricultura

| 7) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91 |
| --- | --- |

7)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1254/91

| 8) | Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91 |
| --- | --- |

8)

Resolución del Servicio Agrícola y Ganadero, SAG, no 1698/91

| 9) | Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97 |
| --- | --- |

9)

Resolución del Servicio Agrícola y Ganadero, SAG, no 2153/97

| 10) | Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99 |
| --- | --- |

10)

Resolución del Servicio Agrícola y Ganadero, SAG, no 3138/99

| 11) | Resolución del Servicio Agrícola y Ganadero no 1150/2000 |
| --- | --- |

11)

Resolución del Servicio Agrícola y Ganadero no 1150/2000

Resoluciones del Servicio Agrícola y Ganadero nos 1598/91, 2379/97, 24/00, 25/00, 317/03, 3397/98, 431/98 y 685/94

Infectious haematopoietic necrosis (IHN)

Directivas 91/67/CEE, 82/894/CEE y 93/53/CEE

| 1) | Decreto Supremo del Ministerio de Economía no 319/01 |
| --- | --- |

1)

Decreto Supremo del Ministerio de Economía no 319/01

| 2) | Decreto Supremo del Ministerio de Economía no 626/01 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Economía no 626/01

Resoluciones del Servicio Nacional de Pesca os 61/03,729/03 y 392/04.

Viral haemorrhagic septicae-mia (VHS)

Directivas 91/67/CEE, 82/894/CEE y 93/53/CEE

| 1) | Decreto Supremo del Ministerio de Economía No 319/01 |
| --- | --- |

1)

Decreto Supremo del Ministerio de Economía No 319/01

| 2) | Decreto Supremo del Ministerio de Economía no 626/01 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Economía no 626/01

Resoluciones del Servicio Nacional de Pesca os 61/03,729/03 y 392/04.

Infectious Salmon Anemia (ISA)

Directivas 91/67/CEE, 92/894/CEE y 93/53/CEE

| 1) | Decreto Supremo del Ministerio de Economía no 319/01 |
| --- | --- |

1)

Decreto Supremo del Ministerio de Economía no 319/01

| 2) | Decreto Supremo del Ministerio de Economía no 626/01 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Economía no 626/01

Resoluciones del Servicio Nacional de Pesca os 61/03,729/3 y 392/04.

Bonamia ostreae

Directivas 91/67/CEE, 95/70/CE y 82/894/CEE

| 1) | Decreto Supremo del Ministerio de Economía no 319/01 |
| --- | --- |

1)

Decreto Supremo del Ministerio de Economía no 319/01

| 2) | Decreto Supremo del Ministerio de Economía no 626/01 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Economía no 626/01

Resolución del Servicio Nacional de Pesca no 1809/03.

Morteilla refringens

Directivas 91/67/CEE, 95/70/CE y 82/894/CEE

| 1) | Decreto Supremo del Ministerio de Economía no 319/01 |
| --- | --- |

1)

Decreto Supremo del Ministerio de Economía no 319/01

| 2) | Decreto Supremo del Ministerio de Economía no 626/01 |
| --- | --- |

2)

Decreto Supremo del Ministerio de Economía no 626/01

Resolución del Servicio Nacional de Pesca no 1809/03.

Appendix IIIB

PESTS SUBJECT TO NOTIFICATION, FOR WHICH THE STATUS OF THE PARTIES IS RECOGNISED AND FOR WHICH REGIONALISATION DECISIONS MAY BE TAKEN

As regards the situation in Chile:

| 1. | Pests not known to occur in any part of Chile, as listed in Article 20 of Resolution No 3080 of Servicio Agrícola y Ganadero as amended, establishing criteria for regionalisation in relation to the quarantine pests for the territory of Chile (Resolución No 3080 establece criterios de regionalización en relación a las plagas cuarentenarias para el territorio de Chile). |
| --- | --- |

1.

Pests not known to occur in any part of Chile, as listed in Article 20 of Resolution No 3080 of Servicio Agrícola y Ganadero as amended, establishing criteria for regionalisation in relation to the quarantine pests for the territory of Chile (Resolución No 3080 establece criterios de regionalización en relación a las plagas cuarentenarias para el territorio de Chile).

| 2. | Pests known to occur in Chile and under official control, as listed in Article 21 of Resolution No 3080 as amended. |
| --- | --- |

2.

Pests known to occur in Chile and under official control, as listed in Article 21 of Resolution No 3080 as amended.

| 3. | Pest known to occur in Chile, under official control and for which pest free areas are established, as listed in Articles 6 and 7 of Resolution No 3080 as amended. |
| --- | --- |

3.

Pest known to occur in Chile, under official control and for which pest free areas are established, as listed in Articles 6 and 7 of Resolution No 3080 as amended.

As regards the situation in the European Community:

| 1. | Pests not known to occur in any part of the Community and relevant for the entire Community, or for part of it, as listed in Section I of Part A of Annex I and Section I of Part A of Annex II to Council Directive 2000/29/EC as amended on protective measures against the introduction of organisms harmful to plants or plant products and against their spread within the Community. |
| --- | --- |

1.

Pests not known to occur in any part of the Community and relevant for the entire Community, or for part of it, as listed in Section I of Part A of Annex I and Section I of Part A of Annex II to Council Directive 2000/29/EC as amended on protective measures against the introduction of organisms harmful to plants or plant products and against their spread within the Community.

| 2. | Pests known to occur in the Community and relevant for the entire Community, as listed in Section II of Part A of Annex I and Section II of Part A of Annex II to Directive 2000/29/EC as amended. |
| --- | --- |

2.

Pests known to occur in the Community and relevant for the entire Community, as listed in Section II of Part A of Annex I and Section II of Part A of Annex II to Directive 2000/29/EC as amended.

| 3. | Pests known to occur in the Community and for which pest free areas are established, as listed in Part B of Annex I and Part B of Annex II to Directive 2000/29/EC as amended. |
| --- | --- |

3.

Pests known to occur in the Community and for which pest free areas are established, as listed in Part B of Annex I and Part B of Annex II to Directive 2000/29/EC as amended.

Appendix XI

Contact points and websites

A.   Contact points

For Chile:

| Departamento Acceso a Mercados |
| --- |
| Dirección General de Relaciones Económicas Internacionales (DIRECON) |
| Ministerio de Relaciones Exteriores |
| Teatinos 180, piso 11 |
| Santiago |
| Chile |
| Tel. (56-2) 565 93 38 |
| Fax (56-2) 696 06 39 |

Departamento Acceso a Mercados

Dirección General de Relaciones Económicas Internacionales (DIRECON)

Ministerio de Relaciones Exteriores

Teatinos 180, piso 11

Santiago

Chile

Tel. (56-2) 565 93 38

Fax (56-2) 696 06 39

Other important contacts:

| Departamento Europa, África, y Medio Oriente |
| --- |
| Dirección General de Relaciones Económicas Internacionales (DIRECON) |
| Ministerio de Relaciones Exteriores |
| Teatinos 180, piso 12 |
| Santiago |
| Chile |
| Tel. (56-2) 565 93 58 |
| Fax (56-2) 565 93 40 |

Departamento Europa, África, y Medio Oriente

Dirección General de Relaciones Económicas Internacionales (DIRECON)

Ministerio de Relaciones Exteriores

Teatinos 180, piso 12

Santiago

Chile

Tel. (56-2) 565 93 58

Fax (56-2) 565 93 40

| Jefe División de Protección Pecuaria |
| --- |
| Servicio Agrícola y Ganadero (SAG) |
| Ministerio de Agricultura |
| Av. Bulnes 140, piso 7 |
| Santiago |
| Chile |
| Tel. (56-2) 345 14 01 |
| Fax (56-2) 345 14 03 |

Jefe División de Protección Pecuaria

Servicio Agrícola y Ganadero (SAG)

Ministerio de Agricultura

Av. Bulnes 140, piso 7

Santiago

Chile

Tel. (56-2) 345 14 01

Fax (56-2) 345 14 03

| Jefe División de Protección Agrícola |
| --- |
| Servicio Agrícola y Ganadero (SAG) |
| Ministerio de Agricultura |
| Av. Bulnes 140, piso 3 |
| Santiago |
| Chile |
| Tel. (56-2) 345 12 02 |
| Fax (56-2) 345 12 03 |

Jefe División de Protección Agrícola

Servicio Agrícola y Ganadero (SAG)

Ministerio de Agricultura

Av. Bulnes 140, piso 3

Santiago

Chile

Tel. (56-2) 345 12 02

Fax (56-2) 345 12 03

| Jefe División Asuntos Internacionales |
| --- |
| Servicio Agrícola y Ganadero (SAG) |
| Ministerio de Agricultura |
| Av. Bulnes 140, piso 5 |
| Santiago |
| Chile |
| Tel. (56-2) 345 15 75 |
| Fax (56-2) 345 15 78 |

Jefe División Asuntos Internacionales

Servicio Agrícola y Ganadero (SAG)

Ministerio de Agricultura

Av. Bulnes 140, piso 5

Santiago

Chile

Tel. (56-2) 345 15 75

Fax (56-2) 345 15 78

| Jefe Departamento Sanidad Pesquera |
| --- |
| Servicio Nacional de PESCA (SERNAPESCA) |
| Ministerio de Economía |
| Victoria 2832 |
| Valparaiso |
| Chile |
| Tel. (56-32) 81 92 02 |
| Fax (56-32) 81 92 00 |

Jefe Departamento Sanidad Pesquera

Servicio Nacional de PESCA (SERNAPESCA)

Ministerio de Economía

Victoria 2832

Valparaiso

Chile

Tel. (56-32) 81 92 02

Fax (56-32) 81 92 00

| Jefe División de Políticas Públicas Saludables y Promoción |
| --- |
| Ministerio de Salud |
| Mac Iver 459, piso 8 |
| Santiago |
| Chile |
| Tel. (56-2) 574 04 93 |
| Fax (56-2) 664 90 55 |

Jefe División de Políticas Públicas Saludables y Promoción

Ministerio de Salud

Mac Iver 459, piso 8

Santiago

Chile

Tel. (56-2) 574 04 93

Fax (56-2) 664 90 55

For the Community:

| The Director |
| --- |
| DG SANCO Directorate D |
| Animal health and Welfare |
| European Commission |
| Mail: Rue de la Loi 200 |
| B-1049 Brussels |
| Office: Rue Froissart 101 |
| B-1040 Brussels |
| Belgium |
| Tel. (32-2) 295 36 41 |
| Fax (32-2) 296 42 86 |

The Director

DG SANCO Directorate D

Animal health and Welfare

European Commission

Mail: Rue de la Loi 200

B-1049 Brussels

Office: Rue Froissart 101

B-1040 Brussels

Belgium

Tel. (32-2) 295 36 41

Fax (32-2) 296 42 86

Other important contacts:

| The Director |
| --- |
| DG SANCO Directorate E |
| Safety of the food chain |
| European Commission |
| Mail: Rue de la Loi 200 |
| B-1049 Brussels |
| Office: Rue Belliard 232 |
| B-1040 Brussels |
| Belgium |
| Tel. (32-2) 295 34 30 |
| Fax (32-2) 295 02 85 |

The Director

DG SANCO Directorate E

Safety of the food chain

European Commission

Mail: Rue de la Loi 200

B-1049 Brussels

Office: Rue Belliard 232

B-1040 Brussels

Belgium

Tel. (32-2) 295 34 30

Fax (32-2) 295 02 85

| The Director |
| --- |
| DG SANCO Directorate F |
| Food and Veterinary Office |
| Grange Dunsany |
| County Meath |
| Ireland |
| Tel. (353-46) 617 58 |
| Fax (353-46) 618 97 |

The Director

DG SANCO Directorate F

Food and Veterinary Office

Grange Dunsany

County Meath

Ireland

Tel. (353-46) 617 58

Fax (353-46) 618 97

B.   Contact points for e-mail

For Chile:

acuerdo-chile-ue-sps@direcon.cl

For the Community:

sanco-ec-chile-agreement@ec.europa.eu

C.   Fee free websites

For Chile:

http://www.direcon.cl

http://www.sag.gob.cl

http://www.sernapesca.cl

http://ministeriodesalud.cl

For the Community:

http://ec.europa.eu/dgs/health_consumer/foodsafety.htm

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