1992L0044 — EN — 20.06.1994 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE 92/44/EEC
of 5 June 1992
on the application of open network provision to leased lines
(OJ L 165, 19.6.1992, p. 27)
Amended by:
Official Journal
No page date
►M1Commission Decision 94/439/EC of 15 June 1994 L 181 40 15.7.1994
Corrected by:
►C1Corrigendum, OJ L 96, 22.4.1993, p. 35 (92/44)
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COUNCIL DIRECTIVE 92/44/EEC
of 5 June 1992
on the application of open network provision to leased lines
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European Economic
Community, and in particular Article 100a thereof,
Havingreg ard to the proposal from the Commission(1),
In cooperation with the European Parliament(2),
Havingreg ard to the opinion of the Economic and Social Committee(3),
(1)Whereas Council Directive 90/387/EEC of 28 June 1990 on the
establishment of the internal market for telecommunicationsservices through the implementation of open network provi-sion (
4), provides that the Council shall adopt specific open
network provision conditions for leased lines;
(2)Whereas in this Directive the concept of leased lines covers theoffer of transparent transmission capacity between networktermination points as a separate service and does not includeon-demand switchingor offers which form part of a switchedservice offered to the public;
(3)Whereas, in accordance with Commission Directive 90/388/EECof 28 June 1990 on competition in the markets for telecommuni-cations services(
5), Member States which maintain special or
exclusive rights for the provision and operation of public tele-communications networks shall take the necessary measures tomake the conditions governing access to and use of the networkobjective and non-discriminatory and publish them; whereas it isnecessary to harmonize which specifications should be publishedand under which form, in order to facilitate the provision ofcompetitive services usingleased lines, within Member Statesand between Member States, and in particular the provision ofservices by companies, firms or natural persons established in aMember State other than that of the company, firm or naturalperson for whom the services are intended;
(4)Whereas, in application of the principle of non-discrimination,leased lines shall be offered and provided on request withoutdiscrimination to all users;
(5)Whereas the principle of non-discrimination as laid down in theTreaty applies to, inter alia, availability of technical access,
tariffs, quality of service, provision time (delivery period), fairdistribution of capacity in case of scarcity, repair time, avail-ability of network information and customer proprietary informa-tion, subject to relevant regulatory provisions on data protection;
(6)Whereas a number of technical restrictions have been applied, inparticular for the interconnection of leased lines amongeachother or for the interconnection of leased lines and public tele-communications networks; whereas such restrictions, whichimpede the use of leased lines for the provision of competitiveservices, are not justified, as they can be replaced by less restric-tive regulatory measures;
(1) OJ No C 58, 7. 3. 1991, p. 10.
(2) OJ No C 305, 25. 11. 1991, p. 61 and Decision of 13 May 1992 (not yet
published in the Official Journal).
(3) OJ No C 269, 14. 10. 1991, p. 30.
(4) OJ No L 192, 24. 7. 1990, p. 1.
(5) OJ No L 192, 24. 7. 1990, p. 10.
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(7)Whereas, in accordance with Community law, access to and use
of leased lines may only be restricted in application of essentialrequirements as defined in this Directive and to safeguardexclusive or special rights; whereas those restrictions must beobjectively justified, must follow the principle of proportionalityand must not be excessive in relation to the aim pursued; whereasit is necessary to specify the application of these essentialrequirements in respect of leased lines;
(8)Whereas, in accordance with Directive 90/388/EEC which doesnot apply to telex, mobile radiotelephony, paging and satelliteservices, Member States shall withdraw all special or exclusiverights for the supply of telecommunications services other thanvoice telephony; whereas this is the commercial provision for thepublic of the direct transport and switchingof speech in real-timebetween public switched network termination points, enablingany user to use equipment connected to such a network termina-tion point in order to communicate with another terminationpoint;
(9)Whereas Member States may, until the dates provided inDirective 90/388/EEC prohibit, as regards packet- or circuit-switched data services, economic operators from offeringleasedline capacity for simple resale to the public; whereas there shouldbe no other restriction on the use of leased lines, in particular inrespect of the transmission of signals which are not originated bythe user who subscribed to the leased line offering, the transmis-sion of signals which are not finally destined for the user whosubscribed to the leased line offering, or the transmission ofsignals which are neither originated by nor finally destined forthe user who subscribed to the leased line offering;
(10)Whereas, in accordance with Directive 90/387/EEC, theCommunity-wide definition of harmonized technical interfacesand access conditions must be based on the definition of commontechnical specifications based on international standards andspecifications;
(11)Whereas, in accordance with Directive 90/388/EEC, MemberStates which maintain special or exclusive rights for the provi-sion and operation of public telecommunications networks shallensure that those who so request can obtain leased lines within areasonable period;
(12)Whereas, in order to make leased lines available to a sufficientextent to users for their own use, for shared use or for theprovision of services to third parties, it is necessary that MemberStates ensure that a harmonized set of leased lines with definednetwork termination points is made available in all MemberStates both for communications within a Member State andbetween Member States; whereas it is therefore necessary todetermine which type of leased lines should be included in theharmonized set and within which time limit if they are not yetavailable; whereas given the dynamic technological developmentin this sector, it is necessary to establish a procedure for adjustingor enlarging such a set;
(13)Whereas other leased lines, in addition to the harmonizedminimum set, will also be provided subject to market demandand the state of public telecommunications network; whereas theother provisions of this Directive apply to these leased lines;whereas however it should be ensured that the provision of theseother leased lines does not impede the provision of the minimumset of leased lines;
(14)Whereas in conformity with the principle of separation of regula-tory and operational functions and in application of the principleof subsidiarity, the national regulatory authority of each MemberState will play an important role for the implementation of thisDirective;
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(15)Whereas common orderingprocedures, as well as one-stop
orderingand one-stop billingare needed in order to encourag ethe use of leased lines throughout the Community; whereas anycooperation of the telecommunications organizations in thatrespect is subject to compliance with Community competitionlaw; whereas, in particular, such procedures should respect theprinciple of cost orientation and should not result in any pricefixingor market sharing ;
(16)Whereas the implementation of one-stop orderingand one-stopbillingprocedures by telecommunications org anizations must notprevent offers by service providers other than telecommunica-tions organizations;
(17)Whereas, in accordance with Directive 90/387/EEC, tariffs forleased lines must be based on the followingprinciples; they mustbe based on objective criteria and must follow the principle ofcost-orientation, takinginto account a reasonable time needed forrebalancing; they must be transparent and properly published;they must be sufficiently unbundled in accordance with thecompetition rules of the Treaty and they must be non-discrimina-tory and guarantee equality of treatment; whereas tariffs forleased lines provided by one or more telecommunications organ-ization must be based on the same principles; whereas a favour-able prejudice is given to a tariff based on a flat-rate periodicrental, except where other types of tariffs are justified by cost;
(18)Whereas any charge for access to and use of leased lines mustcomply with the principles set out above and with thecompetition rules of the Treaty and must also take into accountthe principle of fair sharingin the g lobal cost of the resourcesused and the need for a reasonable level of return on investmentwhich is required for the further development of the telecommu-nications infrastructure;
(19)Whereas, in order to ensure the application of the tariff principlesset out in the previous two recitals, telecommunications organ-izations shall use an appropriate transparent cost accountingsystem which can be verified by accountingexperts ensuringtheproduction of recorded figures; whereas such requirement can befulfilled for example by the implementation of the principle offully distributed costing;
(20)Whereas to enable the Commission to monitor effectively theapplication of this Directive, it is necessary that Member Statesnotify to the Commission which national regulatory authority willbe responsible for its implementation and provide the relevantinformation requested by the Commission;
(21)Whereas the Committee referred to in Articles 9 and 10 ofDirective 90/387/EEC should play an important role for theapplication of this Directive;
(22)Whereas disagreements between users and telecommunicationsorganizations on the provision of leased lines will normally besolved between these parties involved; whereas it must bepossible for parties to refer their case to a national regulatoryauthority and the Commission in cases where this is considerednecessary; whereas this does not prejudice normal application ofthe procedures laid down in Articles 169 and 170 and thecompetition rules of the Treaty;
(23)Whereas a specific procedure must be established in order toexamine whether, in justified cases, the time limit set out in thisDirective for the provision of a minimum set of leased lines andfor the implementation of an appropriate cost accountingsystemmay be extended;
(24)Whereas this Directive does not apply to leased lines onenetwork termination point of which is located outside theCommunity,
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HAS ADOPTED THIS DIRECTIVE:
Article 1
Scope
This Directive concerns the harmonization of conditions for open and
efficient access to and use of the leased lines provided to users onpublic telecommunications networks, and the availability throughout theCommunity of a minimum set of leased lines with harmonized technicalcharacteristics.
Article 2
Definitions
1. The definitions given in Directive 90/387/EEC shall apply, where
relevant, to this Directive.
2. In addition, for the purposes of this Directive,
—leased lines means the telecommunications facilities provided in the
context of the establishment, development and operation of thepublic telecommunications network, which provide for transparenttransmission capacity between network termination points andwhich do not include on-demand switching(switchingfunctionswith the user can control as part of the leased line provision),
—ONP Committee means the Committee referred to in Articles 9 and
10 of Directive 90/387/EEC,
—usersmeans end users and service providers, includingtelecommu-
nications organizations where the latter are engaged in providingservices which are or may be provided also by others,
—national regulatory authority means the body or bodies in each
Member State, legally distinct and functionally independent of thetelecommunications organizations, entrusted by that Member Stateinter alia with the regulatory functions addressed in this Directive,
—simple resale of capacity means the commercial provision on leased
lines for the public of data transmission as a separate service,including only such switching, processing, data storage or protocolconversion as is necessary for transmission in real time to and fromthe public switched network,
—common ordering procedure means an orderingprocedure for the
procurement of intra-Community leased lines which ensures thatthere is commonality across the telecommunications organizationsin the information that has to be suplied by the user and thetelecommunications organizations, and in the format in which theinformation is presented,
—one-stop-ordering is a system whereby all transactions involvinga
user, required for the procurement of intra-Community leased lines,supplied by more than one telecommunications organization to asingle user, can be completed at one location between the user and asingle telecommunications organization,
—one-stop-billing is a system whereby the billingand payment trans-
action for intra-Community leased lines supplied by more than onetelecommunications organization to a single user can be completedat one location between the user and a single telecommunicationsorganization.
Article 3
Availability of information
1. Member States shall ensure that information in respect of leased
lines, offerings on technical characteristics, tariffs, supply and usageconditions, licensingand declaration requirements, and the conditionsfor the attachment of terminal equipment is published in accordancewith the presentation given in Annex I. Changes in existing offeringsshall be published as soon as possible and, unless the national regula-tory authority agrees otherwise, no later than two months before theimplementation.
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2. The information referred to in paragraph 1 shall be published in anappropriate manner so as to provide easy access for users to thatinformation. Reference shall be made in the national Official Journal ofthe Member State concerned to the publication of this information.
Member States shall notify to the Commission before 1 January 1993,
and thereafter in case of any change, the manner in which the informa-tion is made available. The Commission will regularly publish referenceto such notifications.
3. Member States shall ensure that information concerningnew types
of leased line offerings will be published as soon as possible, and nolater than two months before the implementation of the offering.
Article 4
Information on supply conditions
The supply conditions to be published pursuant to Article 3 shall
include at least:
— information concerningthe orderingprocedure
— the typical delivery period, which is the period, counted from the
date when the user has made a firm request for a leased line, inwhich 80 % of all leased lines of the same type have been putthrough to the customers.
This period will be established on the basis of the actual delivery
periods of leased lines duringa recent time interval of reasonableduration. The calculation must not include cases where late deliveryperiods were requested by users. For new types of leased lines atarget delivery period shall be published instead of the typicaldelivery period,
— the contractual period, which includes the period which is in general
foreseen for the contract and the minimum contractual period whichthe user is obliged to accept,
— the typical repair time, which is the period, counted from the time
when a failure message has been given to the responsible unit withinthe telecommunications organization up to the moment in which 80% of all leased lines of the same type have been re-established andin appropriate cases notified back in operation to the users. For newtypes of leased lines a target repair time period shall be publishedinstead of the typical repair time. Where different classes of qualityof repair are offered for the same type of leased lines, the differenttypical repair times shall be published,
— any refund procedure.
Article 5
Conditions for the termination of offerings
Member States shall ensure that existingoffering s continue for a
reasonable period of time, and that termination of an offeringcan bedone only after consultation with users affected. Without prejudice toother rights of appeal provided for by national laws, Member Statesshall ensure that users can bringthe case before the national reg ulatoryauthority where the users do not agree with the termination date asenvisaged by the telecommunications organization.
Article 6
Access conditions, usage conditions and essential requirements
1. Without prejudice to Articles 2 and 3 of Directive 90/388/EEC,
Member States shall ensure that when access to and usage of leasedlines is restricted, these restrictions are aimed only at ensuringcompli-ance with the essential requirements, compatible with Community law,and are imposed by the national regulatory authorities through regula-tory means.
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No technical restrictions shall be introduced or maintained for theinterconnection of leased lines amongeach other nor for the intercon-nection of leased lines and public telecommunications networks.
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2. Where access to and use of leased lines are restricted on the basisof essential requirements, Member States shall ensure that the relevantnational provisions identify which of the essential requirements listed inparagraph 3 are the basis of such restrictions.
3. The essential requirements specified in Article 3 (2) of Directive
90/387/EEC shall apply to leased lines in the followingmanner:
(a)Security of network operations
A telecommunication organization may take the following measures
in order to safeguard the security of network operations during theperiod when an emergency situation prevails:
— the interruption of the service,
— the limitation of service features,— the denial of access to the service.
An emergency situation in this context means an exceptional case
offorce majeure, such as extreme weather, flood, lightning or fire,
industrial action or lockouts, war, military operations, or civildisorder.
In an emergency situation the telecommunications organization
shall make every endeavour to ensure that service is maintained toall users. The Member States shall ensure that the telecommunica-tions organization immediately notifies to the users and to thenational regulatory authority the beginning and the end of theemergency as well as the nature and extent of temporary servicerestrictions;
(b)Maintenance of network integrity
The user has the right to be provided with a fully transparent
service, in conformity with the specifications of the networktermination point, which he can use in an unstructured manner as hewants, e.g. where no channel allocations are forbidden orprescribed. There shall be no restrictions on the use of leased lineson the ground of the maintenance of network integrity, as long asthe access conditions related to terminal equipment are fulfilled;
(c)Interoperability of services
Without prejudice to the application of Article 3 (5) and Article 5
(3) of Directive 90/387/EEC, the use of a leased line shall not berestricted on the grounds of the interoperability of services, whenthe access conditions related to terminal equipment are fulfilled;
(d)Protection of data
In respect of data protection, Member States may restrict the use of
leased lines only to the extent necessary to ensure compliance withrelevant regulatory provisions on the protection of data includingprotection of personal data, the confidentiality of information trans-mitted or stored, as well as the protection of privacy compatiblewith Community law.
4. Access conditions related to terminal equipmentAccess conditions related to terminal equipment are considered to be
fulfilled when the terminal equipment complies with the approvalconditions set out for its connection to the network termination point ofthe type of leased line concerned, in accordance with Directive 91/263/EEC (
1).
(1) Council Directive 91/263/EEC of 29 April 1991 on the approximation of
the laws of the Member States concerningtelecommunications terminalequipment, includingthe mutual recog nition of their conformity (OJ No L128, 23. 5. 1991, p. 1).
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In the case where a user’s terminal equipment does not comply or nolonger complies with these conditions, the provision of the leased linemay be interrupted until the terminal is disconnected from the networktermination point.
Member States shall ensure that the telecommunications organization
immediately informs the user about the interruption, giving the reasonsfor the interruption. As soon as the user has ensured that the non-complyingterminal equipment is disconnected from the networktermination point, the provision of the leased line shall be restored.
Article 7
Provision of a minimum set of leased lines in accordance with
harmonized technical characteristics
1. Member States shall ensure that the respective telecommunications
organizations separately or jointly provide a minimum set of leasedlines in accordance with Annex II, in order to guarantee a harmonizedofferingthroug hout the Community.
2. Where leased lines which implement the standards listed in Annex
II are not yet available, Member States shall take the necessary meas-ures to ensure that these types of leased lines will be implemented bythe date resultingfrom the application of Article 15.
3. The modifications necessary to adapt Annex II to new technical
developments and to changes in market demand, including the possibledeletion of certain types of leased lines from the Annex, shall beadopted by the Commission under the procedure provided for in Article10 of Directive 90/387/EEC, takinginto account the state of develop-ment of national networks.
4. The provision of other leased lines beyond the minimum set of
leased lines which must be provided by Member States shall not impedethe provision of this minimum set of leased lines.
Article 8
Control by the national regulatory authority
1. Member States shall ensure that the national regulatory authority
lays down the procedures whereby it decides, on a case-by-case basisand in the shortest time period, to allow or not telecommunicationsorganizations to take measures such as the refusal to provide a leasedline, the interruption of the provision of leased lines or the reduction ofthe availability of leased line features for reasons of alleged failure tocomply with the usage conditions by users of leased lines. Theseprocedures may also foresee the possibility for the national regulatoryauthority to authorize, a priori, specified measures in the case of definedinfringements of usage conditions.
Member States shall ensure that these procedures provide for a trans-
parent decision-makingprocess in which due respect is g iven to therights of the parties. The decision shall be taken after having given theopportunity to both parties to state their case. The decision shall bemotivated and notified to the parties within one week of its adoption: itshall not be enforced before its notification.
This provision shall not prejudice the right of the parties concerned to
apply to the courts.
2. The national regulatory authority shall ensure that telecommunica-
tions organizations adhere to the principle of non-discrimination whenthey make use of the public telecommunications network for providingservices which are or may be provided also by other service providers.When telecommunications organizations use leased lines for the provi-sion of services not covered by special and/or exclusive rights, the sametype of leased lines must be provided to other users on request andunder equal conditions.
3. Where, in response to a particular request, a telecommunications
organization considers it unreasonable to provide a leased line under its
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published tariffs and supply conditions, it must seek the agreement of
the national regulatory authority to vary those conditions in that case.
Article 9
Common ordering and billing procedures
1. Member States shall encourage the establishment, by 31
December 1992 at the latest, in conformity with the procedural andsubstantive rules of competition of the Treaty and in consultation withusers, of:
— a common orderingprocedure for leased lines throug hout the
Community,
— a one-stop-orderingprocedure for leased lines, to be applied where
requested by the user,
— a one-stop-billingprocedure for leased lines, to be applied where
requested by the user. The procedure shall foresee that all priceelements resultingfrom the national leased lines and the respectiveparts of international leased lines provided by the telecommunica-tions organizations involved are identified separately in the bill forthe user.
2. Member States shall report to the Commission one year after this
Directive is brought into effect on the results achieved with respect tothe procedures provided for in paragraph 1. These results shall beexamined by the ONP Committee.
Article 10
Tariffing principles and cost accounting
1. Member States shall ensure that tariffs for leased lines follow the
basic principles of cost orientation and transparency in accordance withthe followingrules:
(a) tariffs for leased lines shall be independent of the type of applica-
tion which the users of the leased lines implement;
(b) tariffs for leased lines shall normally contain the following
elements:
— an initial connection charge,
— a periodic rental charge, i.e. a flat-rate element.
When other tariff elements are applied, these must be transparent
and based on objective criteria;
(c) tariffs for leased lines apply to the facilities provided between
network termination points at which the user has access to theleased lines.
For leased lines provided by more than one telecommunications
organization, half-circuit tariffs, i.e. from one network terminationpoint to a hypothetical mid-circuit point, can be applied.
2. Member States shall ensure that their telecommunications organ-
izations formulate and put in practice, by 31 December 1993 at thelatest, a cost accountingsystem suitable for the implementation ofparagraph 1.
Without prejudice to the last subparagraph, the system referred to in the
first subparagraph shall include the following elements:
(a) the costs of leased lines shall in particular include the direct costs
incurred by the telecommunications organizations for setting up,operatingand maintainingleased lines, and for marketingandbillingof leased lines;
(b) common costs, that is costs which can neither be directly assigned
to leased lines nor to other activities, are allocated as follows:
(i) whenever possible, common cost categories shall be allocated
based upon direct analysis of the origin of the costs them-selves;
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(ii) when direct analysis is not possible, common cost categories
shall be allocated based upon an indirect linkage to anothercost category or group of cost categories for which a directassignment or allocation is possible. The indirect linkage shallbe based on comparable cost structures;
(iii) when neither direct nor indirect measures of cost allocation can
be found, the cost category shall be allocated based upon ageneral allocator computed by using the ratio of all expensesdirectly assigned or allocated to, on the one hand, serviceswhich are provided under special or exclusive rights and, onthe other hand, to other services.
After 31 December 1993, other cost accountingsystems may be applied
only if they are suitable for the implementation of paragraph 1 and haveas such been approved by the national regulatory authority for applica-tion by the telecommunications organization, subject to the Commissionbeinginformed prior to their application.
3. The national regulatory authority shall keep available, with an
adequate level of detail, information on the cost accountingsystemsapplied by the telecommunications organizations pursuant to paragraph2. It shall submit this information to the Commission on request.
Article 11
Notification and reporting
1. Member States shall notify before 1 January 1993 to the Commis-
sion their national regulatory authority as defined in Article 2, fourthindent.
2. The national regulatory authority shall make available statistical
reports showingthe performance in relation to the supply conditions, inparticular with respect to delivery time and repair time, published inaccordance with Article 3 at least for each calendar year. The reportsshall be sent to the Commission no later than five months after the endof the annual reportingperiod.
The national regulatory authority shall keep available and submit to the
Commission on request the data on cases where the access to or use ofleased lines has been restricted, in particular because of allegedinfringements of special or exclusive rights or the prohibition of simpleresale of capacity, as well as details of the measures taken, includingtheir motivation.
Article 12
Conciliation procedure
Without prejudice to:
(a) any action that the Commission or any Member State might take
pursuant to the Treaty, and in particular Articles 169 or 170 thereof;
(b) the rights of the person invoking the procedure in paragraphs 1 to 5
of this Article of the telecommunications organizations concernedor any other person under applicable national law, except in so faras they enter into an agreement for the resolution of issues betweenthem;
the followingconciliation procedure shall be available to the user:1. Any user complainingthat he has been or may be injured by the
infringement of the provisions of this Directive, particularlyregarding intra-Community leased lines, shall have the right toappeal to the national regulatory authority or authorities.
2. Where agreement cannot be reached at a national level, the
aggrieved party may invoke the procedure provided for in para-graphs 3 and 4, by way of a written notification to the nationalregulatory authority and the Commission.
3. Where the national regulatory authority or the Commission finds
that there is a case for further examination, followinga notification
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based on paragraph 2, it can refer it to the Chairman of the ONPCommittee.
4. In the case referred to in paragraph 3, the Chairman of the ONP
Committee shall initiate the procedure described below if he issatisfied that all reasonable steps have been taken at a nationallevel:
(a) the Chairman of the ONP Committee shall convene as soon as
possible a workingg roup includingat least two members of theONP Committee and one representative of the national regula-tory authorities concerned and the Chairman of the ONPCommittee or another official of the Commission appointed byhim. The workingg roup shall normally meet within 10 days ofthe meetingbeingconvened. The Chairman may decide, uponproposal of any of the members of the workingg roup, to invitea maximum of two other persons as experts to advise it.
(b) the working group shall give the party invoking this procedure,
the national regulatory authorities of the Member States, andthe telecommunications organizations involved the opportunityto present their opinions in oral or written form;
(c) the working group shall endeavour to reach agreement between
the parties involved. The Chairman shall inform the ONPCommittee of the results of this procedure.
5. The party invokingthe procedure referred to in this Article shall
bear its own costs of participatingin this procedure.
Article 13
Deferment of certain obligations
1. When a Member State is not able to or can foresee that it will not
be able to fulfil the requirements of Article 7 (1) or (2) or Article 10 (1)or (2), it shall notify the Commission of the reasons.
2. Deferment of the obligations under Article 7 (1) or (2) can be
accepted only in cases where the Member State concerned can provethat the actual state of development of its public telecommunicationsnetwork or the conditions of demand are such that the obligations underArticle 7 would impose an excessive burden on the telecommunicationsorganization in that Member State.
3. Deferment of the obligations under Article 10 (1) or (2) can be
accepted only in cases where the Member State concerned can provethat the fulfilment of the requirements would impose an excessiveburden on the telecommunications organization in that Member State.
4. The Member State shall inform the Commission of the date by
which the requirements can be met and of the measures envisaged inorder to meet this deadline.
5. When the Commission receives a notification in accordance with
paragraph 1, it shall inform the Member State whether it deems that theparticular situation of the Member State concerned justifies, on the basisof criteria set out in paragraphs 2 and 3, a deferment for this MemberState of the application of Article 7 (1) or (2) of Article 10 (1) or (2)and until which date such deferment is justified.
6. No deferment can be granted in application of paragraph 2 where
the non-compliance with Article 7 results from activities of telecommu-nications organizations of the Member State concerned in competitiveareas within the meaningof Community law.
Article 14
The Commission shall examine and report to the European Parliament
and to the Council on the functioningof this Directive, on the firstoccasion not later than three years after this Directive is brought intoeffect. The report shall be based inter alia on the information provided
by the Member States to the Commission and to the ONP Committee.
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Where necessary, further measures can be proposed in the report for thefull implementation of the aims of the Directive.
Article 15
1. Member States shall take the measures necessary to comply with
this Directive before 5 June 1993. They shall forthwith inform theCommission thereof.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference on theoccasion of their official publication. The methods of makingsuch areference shall be laid down by the Member States.
2. Member States shall inform the Commission of the main provi-
sions of national law which they adopt in the field governed by thisDirective.
Article 16
This Directive is addressed to the Member States.
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ANNEX I
PRESENTATION OF THE INFORMATION TO BE PROVIDED IN
RESPECT OF LEASED LINES IN ACCORDANCE WITH ARTICLE 3 (1)
The information referred to in Article 3 (1) of this Directive shall follow the
presentation given below:
A.Technical characteristics
The technical characteristics include the physical and electrical characteristics
as well as the detailed technical and performance specifications which applyat the network termination point, without prejudice to Council Directive83/189/EEC of 28 March 1983 layingdown a procedure for the provision ofinformation in the field of technical standards and regulations (
1). Clear
reference shall be made to the standards implemented.
B.Tariffs
The tariffs include the initial connection charges, the periodic rental charges,
and other charges. Where tariffs are differentiated, e.g. for reasons ofdifferent levels of quality of service or the number of leased lines provided toa user (bulk provision), this must be indicated.
C.Supply conditions
The supply conditions include at least the elements defined in Article 4 (1).
D.Licensing requirements
The information on licensingrequirements, licensingprocedures and/or
licensingconditions provides a complete overview of all factors which havean impact on the usage conditions set out for leased lines. It shall include thefollowinginformation, where applicable:
1. a clear description of the service categories for which the licensing
procedures have to be followed and for which the licensingconditionshave to be met by the user of the leased line or by his customers;
2. information on the character of the licensingconditions, in particular
whether such licence is of a general nature which does not requireindividual registration and/or authorization, or whether the licensingconditions require registration and/or authorization on an individual basis;
3. a clear indication of the validity in time of the licence, includinga review
date, where applicable;
4. the conditions resultingfrom the application of the essential requirements
in conformity with Article 6;
5. other obligations which the Member States may impose on the users of
leased lines in accordance with Directive 90/388/EEC as regards packet-or circuit-switched data services, requiringthe adherence to conditions ofpermanence, availability, or quality of service;
6. a clear reference to conditions aimingat the enforcement of the prohibi-
tion to provide services for which exclusive and/or special rights havebeen maintained by the Member State concerned in conformity withCommunity law;
7. a list referringto all documents containinglicensingconditions which the
Member State imposes on the users of leased lines when these are usingleased lines for the provision of services to others.
E.Conditions for the attachment of terminal equipment
The information on the attachment conditions includes a complete overview
of the requirements which terminal equipment to be attached to the relevantleased line has to fulfil in accordance with Directive 91/263/EEC.
(1) OJ No L 109, 26. 4. 1983, p. 8. Directive last amended by Commission Decision
90/230/EEC (OJ No L 128, 18. 5. 1990, p. 15).
1992L0044 — EN — 20.06.1994 — 001.001 — 14
▼M1
ANNEX II
DEFINITION OF A MINIMUM SET OF LEASED LINES WITH
HARMONIZED TECHNICAL CHARACTERISTICS, IN ACCORDANCE
WITH ARTICLE 7
Technical characteristics (1)
Leased line typeInterface presentation
specificationConnection characteris-
tics and performance
specifications
Ordinary quality voice band-
width2 or 4 wireanalogue ITU-T M.1040
Special quality voice band-width 2 or 4 wireanalogue ITU-TM.1020/M.1025
64 kbit/s digital (2) ETS 300 288 (3)ETS 300 289 (4)
2 048 kbit/s digital unstruc-tured (
5)ETS 300 246 (6)ETS 300 247 (7)
2 048 kbit/s digital structured ITU-T G.703 andG.704 (excludingsection 5) (
8)Relevant ITU-TG.800 series recom-mendations
In-service
monitoring(
9)
(1) The ITU-T recommendations referenced refer to the 1988 version. ETSI has been
requested to carry out further work on standards for leased lines.
(2) The attachment requirements for terminal equipment to be connected to these leased
lines are described in Common Technical Regulation 14 (CTR 14).
(3) Until 31 December 1996 leased lines may be provided in accordance with ITU-T G.703
instead of ETS 300 288. For an interim period extendingbeyond 31 December 1996,leased lines may be provided usingother interfaces, based on X 21 or X 21 bis,instead
of ETS 300 288.
(
4) Until 31 December 1996 leased lines may be provided in accordance with relevant
ITU-T G.800 series recommendations of ETS 300 289.
(5) The attachment requirements for terminal equipment to be connected to these leased
lines are described in CTR 12.
(6) Until 31 December 1996 leased lines may be provided in accordance with ITU-T G.703
instead of ETS 300 246.
(7) Until 31 December 1996 leased lines may be provided in accordance with relevant
ITU-T G.800 series recommendations instead of ETS 300 247.
(8) With cyclic redundancy checkingin accordance with ITU-T G.706.
(9) In-service monitoringcan facilitate improved maintenance by the telecommunications
organization.
For the types of leased lines listed above, the specifications referred to also
define the network termination points (NTPs), in accordance with the definitiongiven in Article 2 of Directive 90/387/EEC.