Appendix XVII-3

RULES APPLICABLE TO TELECOMMUNICATION SERVICES

The applicable provisions of the following EU acts shall be applicable in accordance with the provisions on horizontal adaptations set out in Appendix XVII-1 unless otherwise specified. Where necessary, specific adaptations for each individual act are set out hereafter.

Applicable provisions to be adopted:

A. Overall European electronic communications policy

Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code

— take appropriate and proportionate legislative, technical and organisational measures, taking into account the framework of measures presented in the ‘Cybersecurity of 5G networks EU Toolbox of risk mitigating measures’ published following Commission Recommendation (EU) 2019/534 of 26 March 2019 (C(2019) 2335), when it comes to appropriately managing the risks posed to the security of networks and services.

Timetable: the provisions of Directive (EU) 2018/1972 shall be implemented by 31 December 2024.

Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union

— implement Articles 2 to 6 of Regulation (EU) 2015/2120.

Timetable: the provisions of Regulation (EU) 2015/2120 shall be implemented by 31 December 2025.

Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services

— monitor fair competition in the electronic communications markets, in particular concerning cost oriented prices for services.

Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access.

Timetable: the provisions of the above acts shall be implemented within 2 years of the entry into force of this Agreement.

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the Internal Market (‘Directive on electronic commerce’).

Directive 2000/31/EC covers all information society services, both business to business and business to consumer, i.e. any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of a service.

Timetable: the provisions of Directive 2000/31/EC shall be implemented within 3 years of the entry into force of this Agreement.

Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks.

Timetable: the provisions of Directive 2014/61/EU shall be implemented by 31 December 2021.

B. Regulatory framework for radio spectrum policy

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

— analyse in accordance with the policy and legal framework stipulated by Decision No 676/2002/EC and adopt policy and regulation ensuring the harmonised availability and efficient use of spectrum.

Commission Decision 2010/267/EU of 6 May 2010 on harmonised technical conditions of use in the 790–862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union.

Commission Implementing Decision 2011/251/EU of 18 April 2011 amending Decision 2009/766/EC on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community.

Commission Decision 2009/766/EC of 16 October 2009 on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community.

Commission Implementing Decision 2012/688/EU of 5 November 2012 on the harmonisation of the frequency bands 1 920–1 980 MHz and 2 110–2 170 MHz for terrestrial systems capable of providing electronic communications services in the Union.

Commission Decision 2008/477/EC of 13 June 2008 on the harmonisation of the 2 500–2 690 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community.

Commission Implementing Decision (EU) 2019/235 of 24 January 2019 on amending Decision 2008/411/EC as regards an update of relevant technical conditions applicable to the 3 400–3 800 MHz frequency band.

Commission Implementing Decision (EU) 2018/1538 of 11 October 2018 on the harmonisation of radio spectrum for use by short-range devices within the 874–876 and 915–921 MHz frequency bands.

Commission Implementing Decision 2014/276/EU of 2 May 2014 amending the Decision 2008/411/EC on the harmonisation of the 3 400–3 800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community.

Commission Decision 2008/411/EC of 21 May 2008 on the harmonisation of the 3 400–3 800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community.

Commission Decision 2008/671/EC of 5 August 2008 on the harmonised use of radio spectrum in the 5 875–5 905 MHz frequency band for safety-related applications of Intelligent Transport Systems (ITS).

Commission Decision 2007/344/EC of 16 May 2007 on harmonised availability of information regarding spectrum use within the Community.

Commission Decision 2007/90/EC of 12 February 2007 amending Decision 2005/513/EC on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of Wireless Access Systems including Radio Local Area Networks (WAS/RLANs).

Commission Decision 2005/513/EC of 11 July 2005 on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of Wireless Access Systems including Radio Local Area Networks (WAS/RLANs).

Commission Implementing Decision (EU) 2017/1483 of 8 August 2017 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2006/804/EC.

Commission Implementing Decision 2013/752/EU of 11 December 2013 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2005/928/EC.

Commission Implementing Decision 2011/829/EU of 8 December 2011 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices.

Commission Decision 2010/368/EU of 30 June 2010 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices.

Commission Decision 2009/381/EC of 13 May 2009 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices.

Commission Decision 2008/432/EC of 23 May 2008 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices.

Commission Decision 2006/771/EC of 9 November 2006 on harmonisation of the radio spectrum for use by short-range devices.

Commission Decision 2010/166/EU of 19 March 2010 on harmonised conditions of use of radio spectrum for mobile communication services on board vessels (MCV services) in the European Union.

Commission Implementing Decision 2014/641/EU of 1 September 2014 on harmonised technical conditions of radio spectrum use by wireless audio programme making and special events equipment in the Union.

Commission Implementing Decision (EU) 2017/2077 of 10 November 2017 amending Decision 2005/50/EC on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community.

Commission Implementing Decision 2011/485/EU of 29 July 2011 amending Decision 2005/50/EC on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community.

Commission Decision 2005/50/EC of 17 January 2005 on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community.

Commission Decision 2004/545/EC of 8 July 2004 on the harmonisation of radio spectrum in the 79 GHz range for the use of automotive short-range radar equipment in the Community.

Commission Decision 2007/98/EC of 14 February 2007 on the harmonised use of radio spectrum in the 2 GHz frequency bands for the implementation of systems providing mobile satellite services.

Commission Implementing Decision (EU) 2016/339 of 8 March 2016 on the harmonisation of the 2 010–2 025 MHz frequency band for portable or mobile wireless video links and cordless cameras used for programme making and special events.

Commission Implementing Decision (EU) 2015/750 of 8 May 2015 on the harmonisation of the 1 452–1 492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union.

Commission Implementing Decision (EU) 2016/687 of 28 April 2016 on the harmonisation of the 694–790 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services and for flexible national use in the Union.

Commission Implementing Decision (EU) 2016/2317 of 16 December 2016 amending Decision 2008/294/EC and Implementing Decision 2013/654/EU, in order to simplify the operation of mobile communications on board aircraft (MCA services) in the Union.

Commission Implementing Decision (EU) 2017/191 of 1 February 2017 amending Decision 2010/166/EU, in order to introduce new technologies and frequency bands for mobile communication services on board vessels (MCV services) in the European Union.

Commission Implementing Decision (EU) 2018/637 of 20 April 2018 amending Decision 2009/766/EC on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community as regards relevant technical conditions for the Internet of Things.

Commission Implementing Decision (EU) 2018/661 of 26 April 2018 amending Implementing Decision (EU) 2015/750 on the harmonisation of the 1 452–1 492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union as regards its extension in the harmonised 1 427–1 452 MHz and 1 492–1 517 MHz frequency bands.

Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme, entered into force on 10 April 2012.

Decision (EU) 2017/899 of the European Parliament and of the Council of 17 May 2017 on the use of the 470–790 MHz frequency band in the Union, entered into force on 14 June 2017.

Commission Implementing Decision (EU) 2019/785 of 14 May 2019 on the harmonisation of radio spectrum for equipment using ultra-wideband technology in the Union and repealing Decision 2007/131/EC.

Timetable: the provisions of the above acts related to ‘Regulatory framework for radio spectrum policy’ shall be implemented for available spectrum by 31 December 2022.

C. Electronic identification, authentication and trust services

Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.

Commission Implementing Regulation (EU) 2015/806 of 22 May 2015 laying down specifications relating to the form of the EU trust mark for qualified trust services.

Commission Implementing Decision (EU) 2015/1505 of 8 September 2015 laying down technical specifications and formats relating to trusted lists pursuant to Article 22(5) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.

Commission Implementing Decision (EU) 2015/1506 of 8 September 2015 laying down specifications relating to formats of advanced electronic signatures and advanced seals to be recognised by public sector bodies pursuant to Articles 27(5) and 37(5) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.

Commission Implementing Decision (EU) 2016/650 of 25 April 2016 laying down standards for the security assessment of qualified signature and seal creation devices pursuant to Articles 30(3) and 39(2) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.

Commission Implementing Decision (EU) 2015/296 of 24 February 2015 establishing procedural arrangements for cooperation between Member States on electronic identification pursuant to Article 12(7) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market

Commission Implementing Regulation (EU) 2015/1501 of 8 September 2015 on the interoperability framework pursuant to Article 12(8) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.

Commission Implementing Regulation (EU) 2015/1502 of 8 September 2015 on setting out minimum technical specifications and procedures for assurance levels for electronic identification means pursuant to Article 8(3) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.

Commission Implementing Decision (EU) 2015/1984 of 3 November 2015 defining the circumstances, formats and procedures of notification pursuant to Article 9(5) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.