1992L0044 — EN — 18.11.1997 — 002.001 — 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
►M2Directive 97/51/EC of the European Parliament and of the Council of 6
October 1997 L 295 23 29.10.1997
Corrected by:
►C1Corrigendum, OJ L 96, 22.4.1993, p. 35 (92/44/EEC)
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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,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission(1),
In cooperation with the European Parliament(2),
Having regard 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 network
termination points as a separate service and does not includeon-demand switching or 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 telecommu-nications services(
5), Member States which maintain special or
exclusive rights for the provision and operation of public
telecommunications networks shall take the necessary measures
to make 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 using leased lines, within Member States and
between Member States, and in particular the provision of
services 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), fair
distribution of capacity in case of scarcity, repair time,
availability of network information and customer proprietaryinformation, subject to relevant regulatory provisions on dataprotection;
(6)Whereas a number of technical restrictions have been applied, inparticular for the interconnection of leased lines among each otheror for the interconnection of leased lines and public telecommu-nications networks; whereas such restrictions, which impede the
use of leased lines for the provision of competitive services, are
not justified, as they can be replaced by less restrictive regulatorymeasures;
(7)Whereas, in accordance with Community law, access to and useof leased lines may only be restricted in application of essentialrequirements as defined in this Directive and to safeguard1992L0044 — EN — 18.11.1997 — 002.001 — 2
(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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exclusive or special rights; whereas those restrictions must be
objectively justified, must follow the principle of proportionalityand must not be excessive in relation to the aim pursued; whereas
it is necessary to specify the application of these essential
requirements 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 exclusive
rights for the supply of telecommunications services other than
voice telephony; whereas this is the commercial provision for thepublic of the direct transport and switching of speech in real-timebetween public switched network termination points, enablingany user to use equipment connected to such a network
termination point in order to communicate with another termina-
tion point;
(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 offering leased
line capacity for simple resale to the public; whereas there should
be 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, thetransmission of signals which are not finally destined for theuser who subscribed to the leased line offering, or the
transmission of signals which are neither originated by nor
finally destined for the user who subscribed to the leased lineoffering;
(10)Whereas, in accordance with Directive 90/387/EEC, the Commu-nity-wide definition of harmonized technical interfaces and access
conditions must be based on the definition of common technical
specifications based on international standards and specifications;
(11)Whereas, in accordance with Directive 90/388/EEC, MemberStates which maintain special or exclusive rights for the provisionand operation of public telecommunications networks shall ensure
that those who so request can obtain leased lines within a
reasonable 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 Member
States ensure that a harmonized set of leased lines with defined
network 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 the
harmonized set and within which time limit if they are not yet
available; 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 harmonized
minimum set, will also be provided subject to market demand
and 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 ofregulatory and operational functions and in application of theprinciple of subsidiarity, the national regulatory authority of eachMember State will play an important role for the implementationof this Directive;
(15)Whereas common ordering procedures, as well as one-stopordering and one-stop billing are needed in order to encourage theuse of leased lines throughout the Community; whereas anycooperation of the ►
M2organizations notified in accordance
with Article 11 (1) (a) ◄in that respect is subject to compliance1992L0044 — EN — 18.11.1997 — 002.001 — 3
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with Community competition law; whereas, in particular, such
procedures should respect the principle of cost orientation andshould not result in any price fixing or market sharing;
(16)Whereas the implementation of one-stop ordering and one-stop
billing procedures by ►M2organizations notified in accordance
with Article 11 (1) (a) ◄must not prevent offers by service
providers other than ►M2organizations notified in accordance
with Article 11 (1) (a) ◄;
(17)Whereas, in accordance with Directive 90/387/EEC, tariffs for
leased lines must be based on the following principles; they mustbe based on objective criteria and must follow the principle ofcost-orientation, taking into account a reasonable time needed for
rebalancing; 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-discriminatory and guarantee equality of treatment; whereastariffs for leased lines provided by one or more
►
M2organization notified in accordance with Article 11 (1)
(a)◄must be based on the same principles; whereas a
favourable prejudice is given to a tariff based on a flat-rateperiodic rental, except where other types of tariffs are justified bycost;
(18)Whereas any charge for access to and use of leased lines mustcomply with the principles set out above and with the competitionrules of the Treaty and must also take into account the principle of
fair sharing in the global cost of the resources used and the need
for a reasonable level of return on investment which is requiredfor the further development of the telecommunications infra-structure;
(19)Whereas, in order to ensure the application of the tariff principlesset out in the previous two recitals, ►
M2organizations notified
in accordance with Article 11 (1) (a) ◄shall use an appropriate
transparent cost accounting system which can be verified by
accounting experts ensuring the production of recorded figures;whereas such requirement can be fulfilled for example by theimplementation of the principle of fully 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 relevant
information 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 the
application of this Directive;
(22)Whereas disagreements between users and ►M2organizations
notified in accordance with Article 11 (1) (a) ◄on the provision
of leased lines will normally be solved between these partiesinvolved; whereas it must be possible for parties to refer their caseto a national regulatory authority and the Commission in cases
where this is considered necessary; whereas this does not
prejudice normal application of the procedures laid down inArticles 169 and 170 and the competition 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 accounting systemmay be extended;
(24)Whereas this Directive does not apply to leased lines one networktermination point of which is located outside the Community,1992L0044 — EN — 18.11.1997 — 002.001 — 4
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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 on publictelecommunications networks, and the availability throughout theCommunity of a minimum set of leased lines with harmonized technicalcharacteristics.
Member States shall ensure that at every point in their territory at least
one organization is subject to the provisions of this Directive.
Member States shall ensure that obligations arising out of this Directive
are not imposed on organizations without significant market power inthe relevant leased-lines market, unless there are no organizations with
significant market power in the relevant leased-lines market in a given
Member State.
Article 2
Definitions
1. The definitions given in Directive 90/387/EEC, as amended by
Directive 97/51/EC(
1), shall apply, where relevant, to this Directive.
2. In addition, for the purposes of this Directive,
— ‘leased lines’ shall mean the telecommunications facilities which
provide for transparent transmission capacity between networktermination points and which do not include on-demand switching
(switching functions which the user can control as part of the leased
line provision),
— ‘Open Network Provision Committee’ shall mean the committee
referred to in Articles 9 and 10 of Directive 90/387/EEC,
— ‘national regulatory authority’ shall mean the body referred to in
Article 5aof Directive 90/387/EEC.
3. For the purposes of this Directive, an organization shall be
presumed to have significant market power when its share of the
relevant leased-lines market in a Member State is 25 % or more. The
relevant leased-lines market shall be assessed on the basis of the type(s)of leased line offered in a particular geographical area. The geographicalarea may cover the whole or part of the territory of a Member State.
National regulatory authorities may determine that an organization with
a market share that is less than 25 % of the relevant leased-lines market
has significant market power. They may also determine that anorganization with a market share that is 25 % or more of the relevantleased-lines market does not have significant market power.
In either case, the determination shall take into account the organiza-
tion's ability to influence the leased-lines market conditions, its turnover
relative to the size of the market, its access to financial resources and its
experience in providing products and services in the market.
Article 3
Availability of information
1. Member States shall ensure that information in respect of leased
lines, offerings on technical characteristics, tariffs, supply and usage
conditions, licensing and declaration requirements, and the conditionsfor the attachment of terminal equipment is published in accordancewith the presentation given in Annex I. ►
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offerings and information on new offerings shall be published as soon as1992L0044 — EN — 18.11.1997 — 002.001 — 5
(1) OJ L 295, 29. 10. 1991, p. 23.▼M2
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possible. The national regulatory authority may lay down a suitable
period of notice. ◄
2. The information referred to in paragraph 1 shall be published in an
appropriate 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
information is made available. The Commission will regularly publishreference to such notifications.
Article 4
Information on supply conditions
The supply conditions to be published pursuant to Article 3 shall include
at least:
— information concerning the ordering procedure
— 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 95 % of all leased lines of the same type have been put
through to the customers.
This period will be established on the basis of the actual delivery
periods of leased lines during a 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 typical
delivery 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►
M2organization notified in accordance with Article 11 (1)
(a)◄up to the moment in which 80 % of all leased lines of the
same type have been re-established and in appropriate cases notifiedback in operation to the users. For new types of leased lines a targetrepair time period shall be published instead of the typical repairtime. Where different classes of quality of repair are offered for thesame type of leased lines, the different typical repair times shall be
published,
— any refund procedure.
Article 5
Conditions for the termination of offerings
Member States shall ensure that existing offerings continue for a
reasonable period of time, and that termination of an offering can be
done only after consultation with users affected. Without prejudice to
other rights of appeal provided for by national laws, Member States shallensure that users can bring the case before the national regulatoryauthority where the users do not agree with the termination date asenvisaged by the ►
M2organization notified in accordance with Article
11 (1) (a) ◄.1992L0044 — EN — 18.11.1997 — 002.001 — 6
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Article 6
Access conditions, usage conditions and essential requirements
1. Member States shall ensure that when access to and use of leased
lines is restricted in accordance with Community law those restrictions
are imposed by the national regulatory authorities through regulatory
means.
No technical restrictions shall be introduced or maintained for the
interconnection of leased lines among each other or for theinterconnection of leased lines and public telecommunications networks.
2. Where access to and use of leased lines are restricted on the basis
of essential requirements, Member States shall ensure that the relevant
national provisions identify which of the essential requirements listed in
paragraph 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 following manner:
(a)Security of network operations
An►
M2organization notified in accordance with Article 11 (1)
(a)◄may take the following measures in order to safeguard the
security of network operations during the period 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 shall mean an exceptional
case offorce majeure , such as extreme weather, earthquakes, flood,
lightning or fire.
In an emergency situation the ►
M2organization notified in
accordance with Article 11 (1) (a) ◄shall make every endeavour
to ensure that service is maintained to all users. The Member Statesshall ensure that the ►
M2organization notified in accordance with
Article 11 (1) (a) ◄immediately notifies to the users and to the
national regulatory authority the beginning and the end of the
emergency as well as the nature and extent of temporary service
restrictions;
(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 network termination
point, which he can use in an unstructured manner as he wants, e.g.where no channel allocations are forbidden or prescribed. Thereshall be no restrictions on the use of leased lines on the ground ofthe maintenance of network integrity, as long as the 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 be
restricted on the grounds of the interoperability of services, when the
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 informationtransmitted or stored, as well as the protection of privacy compatiblewith Community law.
4. Access conditions related to terminal equipment1992L0044 — EN — 18.11.1997 — 002.001 — 7
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Access conditions relating to terminal equipment shall be considered to
be fulfilled when the terminal equipment complies with the approvalconditions laid down for its connection to the network-termination point
of the type of leased line concerned in accordance with Directive 91/
263/EEC(
1) or 93/97/EEC(2).
In the case where a user's terminal equipment does not comply or no
longer 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 ►
M2organization notified in
accordance with Article 11 (1) (a) ◄immediately informs the user
about the interruption, giving the reasons for the interruption. As soon asthe user has ensured that the non-complying terminal equipment isdisconnected from the network termination point, the provision of theleased 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
►
M2organizations notified in accordance with Article 11 (1) (a) ◄
separately or jointly provide a minimum set of leased lines in
accordance with Annex II, in order to guarantee a harmonized offeringthroughout the Community.
2. Where leased lines which implement the standards listed in Annex
II are not yet available, Member States shall take the necessary measures
to ensure that these types of leased lines will be implemented by the date
resulting from the application of Article 15.
2a. Member States shall encourage provision of the additional types
of leased lines specified in Annex III, taking into account marketdemand and progress with standardization.
3. The amendments necessary to adapt Annexes II and III to new
technical developments and to changes in market demand, including the
possible deletion of certain types of leased lines from the Annexes, shall
be adopted by the Commission under the procedure provided for inArticle 10 of Directive 90/387/EEC, taking into account the state ofdevelopment 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 ►
M2organizations
notified in accordance with Article 11 (1) (a) ◄to take measures such
as the refusal to provide a leased line, the interruption of the provision of
leased lines or the reduction of the availability of leased line features forreasons of alleged failure to comply with the usage conditions by usersof leased lines. These procedures may also foresee the possibility for thenational regulatory authority to authorize, a priori, specified measures inthe case of defined infringements of usage conditions.
Member States shall ensure that these procedures provide for a
transparent decision-making process in which due respect is given to1992L0044 — EN — 18.11.1997 — 002.001 — 8
(1) OJ L 128, 23. 5. 1991, p. 1.
(2) OJ L 290, 24. 11. 1993, p. 1.▼B
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the rights of the parties. The decision shall be taken after having given
the opportunity to both parties to state their case. The decision shall bemotivated and notified to the parties within one week of its adoption: it
shall 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 the organiza-
tions notified in accordance with Article 11 (1) (a) adhere to the
principle of non-discrimination when providing leased lines. Thoseorganizations shall apply similar conditions in similar circumstances toorganizations providing similar services, and shall provide leased linesto others under the same conditions and of the same quality as theyprovide for their own services, or those of their subsidiaries or partners,
where applicable.
3. Where, in response to a particular request, an ►
M2organization
notified in accordance with Article 11 (1) (a) ◄considers it
unreasonable to provide a leased line under its published tariffs and
supply conditions, it must seek the agreement of the national regulatory
authority to vary those conditions in that case.
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 following rules:
(a) tariffs for leased lines shall be independent of the type of application
which the users of the leased lines implement, without prejudice tothe principle of non-discrimination set out in Article 8 (2);
(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 the leased
lines.
For leased lines provided by more than one ►
M2organization
notified in accordance with Article 11 (1) (a) ◄, half-circuit tariffs,
i.e. from one network termination point to a hypothetical mid-circuit
point, can be applied.
2. Member States shall ensure that their ►M2organizations notified
in accordance with Article 11 (1) (a) ◄formulate and put in practice,
by 31 December 1993 at the latest, a cost accounting system suitable forthe implementation of paragraph 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 ►
M2organizations notified in accordance with
Article 11 (1) (a) ◄for setting up, operating and maintaining leased
lines, and for marketing and billing of leased lines;1992L0044 — EN — 18.11.1997 — 002.001 — 9
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(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 themselves;
(ii) when direct analysis is not possible, common cost categories
shall be allocated based upon an indirect linkage to another costcategory 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 on the basis of ageneral allocator computed by using the ratio of all expensesdirectly assigned or allocated to leased lines, on the one hand,to those allocated to other services, on the other hand.
After 31 December 1993, other cost accounting systems may be applied
only if they are suitable for the implementation of paragraph 1 and have
as such been approved by the national regulatory authority forapplication by the ►
M2organization notified in accordance with
Article 11 (1) (a) ◄, subject to the Commission being informed prior to
their application.
3. The national regulatory authority shall keep available, with an
adequate level of detail, information on the cost accounting systemsapplied by the ►
M2organizations notified in accordance with Article
11 (1) (a) ◄pursuant to paragraph 2. It shall submit this information to
the Commission on request.
4. The national regulatory authority shall not apply the requirements
of paragraph 1 where an organization does not have significant marketpower in respect of aspecific lea sed-lines offering in aspecificgeographical area.
The national regulatory authority may decide not to apply the
requirements of paragraph 1 in a specific geographical area where it issatisfied that there is effective competition in the relevant leased-linesmarket as evidenced by tariffs that already comply with those
requirements.
Article 11
Notification and reporting
1. Member States shall notify the Commission of their national
regulatory authority or authorities responsible for carrying out the tasksspecified in this Directive.
They shall promptly notify the Commission of any changes in their
national regulatory authorities.
1a. National regulatory authorities shall notify the Commission of the
names of those organizations providing leased lines subject to
requirements pursuant to this Directive. That notification shall, where
appropriate, include the types of leased lines that each organization isrequired to provide in each geographical area in order to comply withArticle 1 and shall include any cases where, pursuant to Article 10 (4),Article 10 (1) is not applied.
2. The national regulatory authority shall make available statistical
reports showing the performance in relation to the supply conditions, in
particular 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 reporting period.1992L0044 — EN — 18.11.1997 — 002.001 — 10
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The national regulatory authority shall keep available and submit to the
Commission on request the data on all cases in which access to or use ofleased lines has been restricted, as well as details of the measures taken,
including the reasons why they were taken.
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 ►
M2organizations notified in accordance
with Article 11 (1) (a) ◄concerned or any other person under
applicable national law, except in so far as they enter into anagreement for the resolution of issues between them;
the following conciliation procedure shall be available to the user:
1. Any user complaining that 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 to
appeal 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 paragraphs 3 and 4,by way of a written notification to the national regulatory authorityand the Commission.
3. Where the national regulatory authority or the Commission finds that
there is a case for further examination, following a notification basedon paragraph 2, it can refer it to the Chairman of the ONP
Committee.
4. In the case referred to in paragraph 3, the Chairman of the ONP
Committee shall initiate the procedure described below if he is
satisfied that all reasonable steps have been taken at a national level:
(a) the Chairman of the ONP Committee shall convene as soon as
possible a working group including at least two members of the
ONP Committee and one representative of the national regulatoryauthorities concerned and the Chairman of the ONP Committeeor another official of the Commission appointed by him. Theworking group shall normally meet within 10 days of the meetingbeing convened. The Chairman may decide, upon proposal of any
of the members of the working group, to invite ama ximum 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, and the►
M2organizations notified in accordance with Article 11 (1)
(a)◄involved the opportunity to 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 ONP
Committee of the results of this procedure.
5. The party invoking the procedure referred to in this Article shall bear
its own costs of participating in 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 telecommunications1992L0044 — EN — 18.11.1997 — 002.001 — 11
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network or the conditions of demand are such that the obligations under
Article 7 would impose an excessive burden on the ►M2organization
notified in accordance with Article 11 (1) (a) ◄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 ►
M2organization notified in accordance with Article 11
(1) (a)◄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 in
order 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►
M2organizations notified in accordance with Article 11 (1) (a) ◄
of the Member State concerned in competitive areas within the meaningof Community law.
Article 14
Report
The Commission shall examine and report to the European Parliament
and to the Council on the functioning of this Directive, on the first
occasion no later than 31 December 1999. The report shall be based
inter alia on the information supplied by the Member States to the
Commission and to the Open Network Provision Committee. The reportshall include an assessment of the need for continuation of thisDirective, taking account of developments towards a fully competitive
environment. Where necessary, the report shall examine what provisions
of this Directive should be adapted in the light of the developments inthe market, and further measures may be proposed in the report inpursuit of the aims of this Directive.
Article 15
1. Member States shall take the measures necessary to comply with
this Directive before 5 June 1993. They shall forthwith inform the
Commission thereof.
When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such reference onthe occasion of their official publication. The methods of making such areference shall be laid down by the Member States.
2. Member States shall inform the Commission of the main
provisions of national law which they adopt in the field governed bythis Directive.
Article 16
This Directive is addressed to the Member States.1992L0044 — EN — 18.11.1997 — 002.001 — 12
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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 apply
at the network termination point, without prejudice to Council Directive 83/
189/EEC of 28 March 1983 laying down a procedure for the provision of
information in the field of technical standards and regulations ►M2(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 of different
levels of quality of service or the number of leased lines provided to a 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 licensing requirements, licensing procedures and/or
licensing conditions provides a complete overview of all factors which have
an impact on the usage conditions set out for leased lines. It shall include the
following information, where applicable:
4. the conditions resulting from the application of the essential requirements
in conformity with Article 6;
7. a list referring to all documents containing licensing conditions which the
Member State imposes on the users of leased lines when these are using
leased lines for the provision of services to others.
E.Conditions for the attachment of terminal equipment
The information on the attachment conditions must include a complete
overview of the requirements with which terminal equipment to be attached to
the relevant leased line must comply in accordance with Directive 91/263/
EEC or 93/97/EEC.1992L0044 — EN — 18.11.1997 — 002.001 — 13
(1) OJ L 109, 26. 4. 1983, p. 8. Directive as last amended by Directive 94/10/EC of the
European Parliament and of the Council (OJ L 100, 19. 4. 1994, p. 30).▼M2
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ANNEX II
DEFINITION OF A MINIMUM SET OF LEASED LINES WITH
HARMONIZED TECHNICAL CHARACTERISTICS, IN ACCORDANCE
WITH ARTICLE 7
Leased line typeTechnical characteristics (1)
Interface presentation
specificationConnection character-
istics and performance
specifications
Ordinary quality voice band-
width2 or 4 wire
analogueITU-T M.1040
Special quality voice bandwidth 2 or 4 wire
analogueITU-T M.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 and
G.704 (excluding
section 5) (8)Relevant ITU-T
G.800 series recom-
mendations
In-service moni-
toring (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 extending beyond 31 December 1996,
leased lines may be provided using other 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 checking in accordance with ITU-T G.706.
(9) In-service monitoring can facilitate improved maintenance by the ►M2organization
notified in accordance with Article 11 (1) (a) ◄.
For the types of leased lines listed above, the specifications referred to also define
the network termination points (NTPs), in accordance with the definition given in
Article 2 of Directive 90/387/EEC.1992L0044 — EN — 18.11.1997 — 002.001 — 14
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ANNEX III
DEFINITION OF LEASED LINES THE PROVISION OF WHICH IS TO
BE ENCOURAGED IN ACCORDANCE WITH ARTICLE 7 (2) (a)
Leased line typeTechnical characteristics
Interface presentation
specificationsConnection characteristics
and performance specifica-
tions
34 368 kbit/s digital
structuredETS 300 686 (*) ETS 300 687 (*)
34 368 kbit/s digital
unstructuredETS 300 686 (*) ETS 300 687 (*)
139 264 kbit/s digital
structuredETS 300 686 (*) ETS 300 688 (*)
139 264 kbit/s digital
unstructuredETS 300 686 (*) ETS 300 688 (*)
155 Mbit/s digital (STM-
1) (**)based on ITU-T G.708 based on ITU-T G.708
(*) These standards are still under development in ETSI.
(**) ETSI has been requested to carry out further work on standards for SDH VC-based
leased digital bandwidth.1992L0044 — EN — 18.11.1997 — 002.001 — 15