COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 18.09 1995 
COM(95)431 final 
COMMUNICATION FROM THE COMMISSION 
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT 
FUTURE DEVELOPMENT OF THE MARKET IN 
DIRECTORIES 
AND OTHER TELECOMMUNICATIONS INFORMATION 
SERVICES 
IN 
A COMPETITIVE ENVIRONMENT 

CONTENTS 
Resume 
I. Introduction 
II. The current regulatory position 
III. Questions raised 
1. Compliance with the rules of competition 
2. Protection of individual privacy and of personal data 
3. Copyright protection 
4. Technological evolution: electronic directories/X500 services 
IV. Objectives 
1. Provision of a universal service 
2. General distribution and ease of access 
3. Services of quality 
4. Diversified services with the potential to contribute to the launch of multimedia 
V. Guidelines adopted 
1. Retention of a universal directory in a competitive environment 
2. Abolition of exclusive and special rights 
3. Conditions governing access and marketing 
4. Promotion of electronic directories and other forms of electronic support 
5. Necessary safeguards: protection of individual privacy and intellectual 
property rights 
VI. Conclusion 
RESUME 
Following an examination by the Commission of the current state of the telecommunications 
sector, the Council, in its Resolution of 22 July 1993, adopted I* January 1998 as the date for 
the liberalization of voice-telephony services for the public, with transitional periods for certain 
Member States The directories services, making up as they do the most important means of 
access to telecommunications services, will play a central role with regard to the use of 
telecommunications services in a competitive environment. 
The directories and associated information services sectors lie at the sharp end of 
telecommunications and publishing and, in consequence, their development is completely at the 
mercy of any changes that may occur in these two sectors. Directories account for a major 
proportion of the media and represent 7.5% of the advertising market in the European Union 
Drawing on the benefits of the new technologies and, in particular, of the interactivity made 
possible by the videotex services, this sector is currently making its debut in the world of 
multimedia. As one of the major elements in this new market, it should contribute significantly 
to the development of the latter. 
Telecommunications directories are supplied in a variety of forms: printed, electronic ("on line" 
or CD ROM) or via a telephone hotline. In particular, these services include 
"White Pages" (list of subscribers in alphabetical order); 
"Yellow Pages" (list of professionals under classified headings), 
specialized directories for professional use (selective lists of professionals) 
The directories services (in particular the "White Pages" directories) and the telephone 
information services play a key role in providing access to the telephone service, so much so 
that, traditionally, this type of service has always been closely associated with the provision of 
a voice-telephony service and represents one of the basic elements in the universal service 
The introduction of a competitive environment in the telecommunications sector requires, on 
the one hand, an extension of Community telecommunications rules to include directories and 
information services and, on the other hand, the maintenance of a universal directory and an 
information service that is easily accessible to all users at an affordable price 
Accordingly, the Commission is proposing the following guidelines with a view to developing 
this sector: 
3 
1 Retention of a universal directory and a telephone information service in a 
competitive environment. In each Member State, users of the voice telephony services 
must have at their disposal at least one complete "White Pages" directory containing the 
telephone particulars of the subscribers to the fixed and mobile services, while at the same 
time having access to at least one information service at marginal cost. 
2 Abolition of exclusive and special rights in the telecommunications directories 
market through the elimination of the exclusive or special rights which exist under certain 
national regulations These liberalization measures seek to promote the dynamic 
development of supply, while at the same time respecting the rules of competition and 
taking account, on the one hand, of recent trends in the regulations applicable to 
telecommunications services, notably the complete liberalization of fixed voice telephony 
services and, on the other hand, of the anticipated development of the trans-European 
networks and mobile telephony services in the years to come. 
3. Conditions governing access and marketing. To the extent that directories services and 
other information services for subscribers can no longer be regarded as reserved activities, 
access to raw subscriber data, pure and simple, should be provided on the basis of 
objective, transparent and non-discriminatory criteria and in accordance with the 
Community provisions in force, notably with regard to the rules of competition and the 
principles of Open Network Provision (ONP), and the protection of personal data and 
individual privacy 
4 Promotion of new technologies (electronic directory, CD ROM and X500 service) 
and opening-up to multimedia. By virtue of the facilities already offered by electronic 
directories (speed of interrogation on line, continuous updating of data, diversification of 
applications), steps should be taken to encourage the development of interconnections 
between the various existing services within the Union. Furthermore, the emergence of 
electronic media and the interactivity developed through videotex should facilitate the 
evolution of directories along multimedia lines 
5. Precautionary measures 
Protection of individual privacy. In the context of the provision of directories services, 
the protection of personal data must be guaranteed at all times. The processing of personal 
data necessary for the implementation of directories services is governed by restrictions 
arising from existing national laws and will be subject to Community positions (general 
directive and separate directive intended to take account of the specific problems of 
telecommunications) In particular, subscribers must be informed of their rights to 
protection against all forms of intrusion into their private lives, i.e., the right not to be 
included in the directory, right of access and right to correction in respect of data which 
concern them, right to oppose the commercialization of data relating to them and right to 
limit the use of such data. 
Protection of intellectual property rights. The benefits of the national and Community 
provisions governing copyright should be extended to include directories, pursuant to the 
criteria allowing for protection under the regulations currently in force. 
In keeping with its desire to define these guidelines more explicitly,' the Commission hereby 
presents this communication to the European Parliament and to the Council. 
I. INTRODUCTION 
The directories and information services sector lies at the sharp end of telecommunications and 
publishing. On the one hand, the directories services and the telephone information services 
represent the most important means of access to telecommunications services in a competitive 
environment Accordingly, these services will play a crucial role in the context of the total 
liberalization of voice telephony services, as laid down by the Council on 1 January 1981 ' with 
a view to the creation of an information society in the European Union.2 
On the other hand, directories make up an important section of the advertising market within 
the Community. Drawing simultaneously on the benefits of the new technologies and of the 
interactivity made possible by videotex in particular, this sector is currently making its debut in 
the world of multimedia. As one of the major elements in this new market, it should contribute 
significantly to the development of the latter. 
Telecommunications directories are supplied in a variety of forms: printed, electronic ("on line" 
or CD ROM) or via a telephone hotline. In particular, these services include:3 
the "White Pages" (list of subscribers in alphabetical order); 
the "Yellow Pages" (list of professionals under classified headings); 
the specialized directories for professional use (selective lists of professionals). 
The turnover associated with the sale of advertising in the telecommunications directories 
("White Pages", "Yellow Pages" and electronic directories) in the Union is estimated at 3 700 
million ecus.4 
An examination of the market on the basis of the various products offered reveals notable 
differences. These differences are attributable, on the one hand, to the regulations currently in 
force and, on the other, to the very nature of the directories themselves. The following 
background information is significant in this connection: 
As regards "White Pages" directories in the strict sense (i.e., excluding fax and telex 
directories), a close correlation exists between the number of subscribers to the telephone 
service and the number of directories distributed, so much so that the degree of penetration 
at this market level will inevitably be much higher in countries with a high telephone 
Council Resolution of 22 July 1993 on the review of the situation in the telecommunications sector and the need for 
further development in that market (OJ No C 213, 6.8.93, p. 1 ). 
The Resolution provides for additional transitional periods of live years for Spam, Portugal. Greece and Ireland. 
and of two years for the ( iiand Duchy of Luxembourg Spain has since announced that il will adopt 1 January 199X 
as its target dale 
LTirope and the Planetai\ Information Society, Group of Hminent Persons on the Information Society (Bangemann 
Report, 26.5.1994) 
hi terms of usage, the "White Pages" cover mainly communications between individuals, the "Yellow Pages" cover 
communications between individuals and the professional sector, and the specialized directories are devoted to 
communications between specialized professionals. 
For more detailed definitions, see "Study on Regulatory and Commercial Aspects related to Telecommunications 
Directories and related Publications and Services", report to the European Commission drawn up by Coopers &. 
Lybrand, Deloitte, 1992. 
The study provides a detailed description of directories and associated services together with information on the 
regulatory conditions, markets and technologies applicable to the sector The report will be made available on 
request. 
Statistics 1992 
density than in countries with a much lower density. The "White Pages" directory market 
represents approximately 1 100 million ecus. 
- As for the "Yellow Pages" directory market, this would amount, in aggregate, to some 
2 200 million ecus. 
The international fax and telex directories represent a much weaker market (in the region 
of 50 million ecus). 
As far as the "White Pages" and "Yellow Pages" directories are concerned, the market is still 
dominated largely by the public telecommunications operators or by the companies to which 
the production and management of these directories has been entrusted.5 Even in those 
Member States where the "White Pages" directory market has been opened up to competition, 
developments along competitive lines are still restricted to the "Yellow Pages" directory 
segment. As far as the private publishers are concerned, attention is still focused mainly on 
specialized directories for professional use. 
A number of telecommunications organizations are already offering electronic directory 
services through videotex " However, leaving aside the regulatory obstacles still preventing 
private providers from entering such a market in several Member States, the development of 
directories on these new media is also being slowed down considerably, mainly at the intra-
Community level, because of technical disparities from one Member State to another 
(differences in videotex standards). Consequently, the market in electronic directories is still 
awaiting development. 
Nevertheless, the analyses conducted to date7 have shown that the growth in directory service 
markets should be sustainable, with the market in electronic directories emerging as the most 
promising. The market in printed directories should continue to grow, but at a slower rate 
However, this rate of growth may continue to exceed that observed more recently in the 
United States. 
Compared with the other media (press, TV, radio and cinema), expenditure at European Union 
level on the purchase of advertising space in the telecommunications directory market 
represents some 7 5% of the total revenue. 
In several Member Slates, the production and management of the "White Pages" and "Yellow Pages" directories 
have been entrusted by the telecommunications organizations to specialized subsidiaries or specialized outside 
turns, such as ITT. In Belgium, the firm GTE was recently chosen by the operator 
Electronic directory; directory in the form of a database accessible using on-line retrieval techniques and/or 
available on CD ROM. 
hi the European Union, on-line access is possible in a number of Member Slates through the videotex services. By 
far the most important service of this type is the Minitel service in Prance. Originally launched with the intention 
of gradually replacing the printed directory, the French Minitel service has rapidly established its reputation, 
notably as a result of the success of the electronic directory - a service which, on average, handles more than 40 000 
calls a day. Today, with more than 6 million Minitel terminals, the service has far exceeded initial predictions. 
The facilities offered are considerable and defy comparison with other directory services, more than 28 million 
subscriber entries representing more than 28 000 million characters on a database, daily updates without any 
interruption to the service, handling of 20 000 calls simultaneously right round the clock, a response tune of less 
than tliree seconds in 98% of cases, traffic revenue totalling 20 million ecus in 1991 (despite the fact that the first 
three minutes of consultation are free) and more than 54 million ecus in revenue from advertising. 
CT Coopers & Lybrand study referred to above. 
The evolution of the market over the short and medium term will depend largely on 
developments in the regulatory sector which will need, on the one hand, to ensure the retention 
of a universal directory in a liberalized environment, while, on the other, offering the possibility 
of exploiting the potential of the directory services market. 
II. The current regulatory position 
As regards the current treatment of directory services from a regulatory point of view, three 
major categories of country can be distinguished within the European Union: 
on the one hand, Member States where the regulations in force accord the network 
operators exclusive rights to provide "White Pages" and "Yellow Pages" directory services 
(Greece, Italy, Portugal and Spain); 
on the other hand, Member States where the regulations, while not stipulating in so many 
words that the supply of directories is a liberalized activity or whether access to raw 
subscriber data is open to third parties, do not impose exclusive conditions (Denmark, 
Ireland, Luxembourg, the Netherlands and the United Kingdom), 
lastly, countries which have explicitly opened up this activity to competition (Belgium, 
Germany and France) 
Irrespective of the existence or otherwise of special or exclusive rights covering activities in 
the directories sector, most of the regulations in force impose an obligation to publish lists of 
subscribers. This obligation generally involves the publication of "White Pages" directories' 
Lastly, Denmark is the only country to have imposed an obligation on the public operator to 
publish a "Yellow Pages" directory. Table 1 summarizes the position with regard to each type 
of service concerned. 
When supply is made compulsory under the regulations in force, such a stipulation is normally 
linked to special tariff conditions: 
apart from the subscribers who receive free of charge the appropriate "White Pages" 
directory in which they themselves figure, as well as a "Yellow Pages" directory 
corresponding to the geographical zone covered by their subscription, all subscribers can 
obtain the other directories for a catalogue price designed to ensure the widest possible 
distribution, 
the charge for using the telephone information services is generally calculated in the light of 
the basic charge for a local call. 
Lastly, it should be noted that the national regulations in force in the majority of Member 
States do not stipulate whether the obligatory information contained in the "White Pages" 
directory should include, in addition to the telephone data proper, other information covering 
Thus, in the United Kingdom, in the case of "White Pages" directones, BT and Mercury are required, in then 
relevant spheres of operation, not only to provide details at the request of the other operator of the hitler's 
subscribers, subject to an indemnity calculated as a proportion of the additional costs incurred by such a request, 
but also to provide a telephone information service. 
the other services for which the main station subscriber could also have taken out a 
subscription. Belgium and Greece, however, confer exclusive rights on the public operator to 
publish directories relating to services other than the basic voice telephony service (ISDN, 
telex, fax, messaging), and in Denmark, Luxembourg and the Netherlands the public operator 
is obliged to publish a directory which includes subscriber information relating to other services 
such as telex and which covers the various services concerned. 
At the international level, pursuant to CCITT Recommendation E 114 (International 
Telecommunication Union - ITU), exchanges of information between operators in each State 
seeking to provide such an information service for their subscribers are usually conducted on a 
reciprocal basis.9 
Recently - notably as a reaction to and in preparation for the creation of a competitive 
environment for the public telephone service and the expansion of mobile services - an in-depth 
debate on the future regulation of the directories market and other related markets, has been 
launched in a number of Member States.10 
y 
hi the United Kingdom this reciprocity applies to B 1 and Mercury 
See in particular: 
- Summary report on the public consultations involving the French telecommunications regulations, organized bv 
Bruno Lassèrc, France, March 1994 
- OFTEL Enquiry into Directory Enquiry Services, United Kingdom, March 1994. 
- In Germany a debate has begun on the tariffs applied to the telephone information services 
- In Belgium a debate has begun following BELGACOM's decision to entrust the production and management v\ 
directories to GTE (instead ol the former contractor, ITT). 
Table 1 Exclusive and special rights in the directory services sector 
Source: Coopers & Lybrand study, De loitte (1992) 
Special or 
exclusive right 
Undefined legal situation 
10 
Table 2 Obligations to provide directory services 
Luxembourg 
Source: Coopers & Lybrand study, De/oit te (1992) 
Obligation to 
supply on the 
part of the 
public operator 
Undefined legal situation 
Supply of electronic directory/Minitel 
14 
III. Questions raised 
1. Compliance with the rules of competition 
A general framework for the future development of the sector is provided by the pertinent 
rules on competition laid down in the Treaty. 
The articles in question are Articles 85 and 86 of the Treaty, in conjunction with Article 90 as 
the case may be, prohibiting any practices which might distort competition, whether involving 
concerted agreements between operators or publishers or whether constituting an abuse of 
dominant position. 
2. Compliance with the rules on the internal market 
The general framework for the future development of the sector is also provided by the rules 
on the internal market, particularly those on freedom to provide services (Articles 59 et seq.), 
freedom of establishment (Articles 52 et seq.) and the free movement of goods (Articles 30 et 
seq.). 
3. Protection of individual privacy and of personal data 
A distinction must be drawn between those Member States which have no specific legislation 
on the subject and those Member States which have introduced regulatory provisions designed 
specifically to protect privacy and personal data. As for the second group, significant 
differences can be observed among those countries that have introduced rules on protection. 
These differences constitute an obstacle to the development of directories compiled on a pan-
European basis owing to: 
_ on the one hand, the difficulties encountered when transmitting data to other Member 
States; 
_ on the other hand, the potential repercussions of these disparities on competition, whereby 
operators and directory publishers could be subject to widely differing constraints from one 
country to another. 
The Community is creating a common framework for data protection and the protection of 
privacy in the Union in order to remove the abovementioned obstacles (see Section V.5). 
4. Protection of intellectual property rights 
In the matter of protection of intellectual property rights, significant differences in legal 
approach from one country to another make it impossible to provide the same kind of directory 
protection in all Member States. 
In the absence to date of a common approach in the areas in question with a view to promoting 
the adoption by each of the Member States of equivalent rules on protection, such differences 
12 
have discouraged - or even hampered - the development of directories, particularly where the 
latter make use of the new media. However, on 10 July 1995, the Council has adopted a 
common position on the proposed directive on legal protection of data bases which is likely to 
make a difference in this area (see V.5) 
5. Technological evolution: electronic directories/X500 services 
In spite of the development of videotex access (particularly in France), the sum total of 
subscribers do not yet have at their disposal facilities capable of providing genuine electronic 
directory services on a pan-European basis. 
At present, two factors appear to lie at the root of tfie absence of an electronic directory 
accessible to all subscribers throughout the European Union: 
continuing difficulties involving distribution and access to information sources; 
absence at present of a standard interface recognized by all operators for the facilitation of 
interconnections between services. 
In order to comply with the requirements and specific characteristics of the networks, and 
taking into account the different protocols used in this sector, the CCITT has developed an 
internationally compatible standard to permit the development of several applications. 
Recommendation X 500, the outcome of close collaboration between the CCITT and the ISO, 
should make it possible to interrogate data bases on the existing electronic directories. This 
standard defines the structure and type of directory used as well as certain services offered to 
users together with the relevant protocols. Potentially, this standard could be used for X 400 
and Electronic Data Interchange (EDI) applications and, above all, for the consultation of 
electronically accessible "White Pages" and "Yellow Pages" telecommunications directories, 
irrespective of whether the services were offered on a national or international basis. 
At present, because of the different types of protocols used for the various networks and 
services, the CCITT has drawn up a number of recommendations." A number of 
telecommunications organizations have adopted the T/Tph 28 specification.12 A Memorandum 
of Understanding has been drawn up for signature by any European organization wishing to 
promote international information services based on access standard T/Tph 28 or on any other 
recognized access protocol. 
12 Among these Recommendations, particular mention may be made ol the following: 
* Recommendation 1- 163 applicable to telephone networks (numbering and addressing) using 12-digit numeric 
protocols. 
* Recommendation X 121 applicable to data networks using 14-digil protocols; 
* Recommendation X 400 applicable to messaging services using alphanumeric protocols. 
Specification diawn up bv the CIIFT (lùiropean Conference of Postal and Telecommunications Administrations) 
with a view to facilitating cooperation in the field of directories. Other specifications ("proprietary systems") are 
also in use in several Member States. 
H 
IV. OBJECTIVES 
1. Provision of a universal service 
This Objective seeks to provide users with at least one complete list of subscribers13 in each 
Member State, thus giving them access to a minimum amount of information on subscribers 
throughout the Union.14 
The Commission recognizes and endorses the aim of preserving the universal character 
ascribed to the "White Pages".15 As.a minimum requirement, provision must be based on two 
types of criteria: 
_ criteria relating to content in respect of the information made available to users, 
criteria relating to geographical coverage in respect of the distribution and accessibility of 
the services provided 
For the initial compilation of the complete list, a minimum amount of information would be 
required. 
Directories compiled on the basis of this list and intended for use by the public should also 
contain information of prime importance to users, notably details of the emergency services, 
including the single European emergency call number 112, as envisaged or already 
implemented.1* They should also contain useful instructions to facilitate the use of the 
service(s) provided by the telecommunications organizations.17 
Lastly, other information could be included on an optional basis. If a telecommunications 
organization distributing a complete list chooses to include information on the various facilities 
or other services that it offers, e.g. in an introductory section, it must offer this facility to any 
competitor on terms which are transparent, non-discriminatory and based on objective 
criteria.18 
14 '- Including all subscribers of all operators to the extent that they have not requested to remain unlisted m the public 
directory (see point V.5) 
The Commission Statement (OJ No C 48, 16.2.94, p. 8) supplementing the Council Resolution of 7 1 ebruaiv I 994 
on universal service principles in the telecommunications sector (OJ NoC48, 16.2.94, p. 1) makes provision for 
users to be provided with directories covering the public telephone service. 
•See also the survey on the future regulatory framework in France: "A consensus has emerged acknowledging thai a 
universal directory should contain details of all subscribers to the fixed telephone services, thus avoiding the need 
to consult a multiplicity of sources in order to track down a correspondent. While certain people may question the 
feasibility and advisability of including subscribers to the mobile services, the gradual growth in the numbers of 
such subscribers and the development of the use of personal communications fully justify their inclusion." Ci 
Summary Report referred to above, France, 1994. 
See Council Decision of 29 July 1991 on the introduction of a single liuropean emergency call number 
(91/396/EHC, OJ No L 217/31, 6.8.1991 ). 
The directories should also contain the following information: 
- year of publication; 
- name and address of the publisher, 
- where appropriate, name and address of the publications manager. 
Information on the various facilities or other services offered by a telecommunications organization distributing a 
complete list, subject to the proviso that all such information, generally set out in the form of an introductory 
section, could not be used for purposes other than the provision of information to the user and. under no 
circumstances, for the purposes oï promoting - through the insertion of advertising material, for example 
14 17 
18 
Information on dedicated services or services connected to specific networks (e.g., telex) could 
be assigned to separate directories, as is already the case at present 
2.General distribution and ease of access 
This objective should be realized as follows: 
_ first of all, within each Member State, through the production and distribution of complete 
and efficient "White Pages" directories of high quality, offering easy access and availability 
to all users and including subscribers to the switched public services, whether fixed or 
mobile, and supplied either on a monopoly or a competitive basis; 
secondly, within the entire European Union, through the provision of facilities offering 
users rapid access to complete and reliable information, wherever they happen to be in the 
Community. Thus, each producer of directories should have access to the complete lists of 
subscribers available in every Member State, so as to be in a position to offer a genuine 
pan-European "White Pages" directory service and provide the user with a tangible way of 
obtaining the information he requires: 
* either through the operator telephone inquiry service; 
* or through the existing electronic directories in the various Member States. 
3. Services of quality 
The objective should be to develop an efficient service to promote the development and 
improvement of the directory services for the benefit of users. 
In particular, this means that every effort should be made to ensure an adequate level of quality 
in the directory services sector.19 
Whatever form they take, directories will need to be updated regularly. 
As regards costs and t le determination of prices for the marketing of the subscriber lists, the 
tariff principles set out in Directive 90/387/EEC20 should be applied (see Section V.3). 
4. Diversified services with the potential to contribute to the launch of 
multimedia 
19 
20 equipment or unreserved services peculiar to the telecommunications organization providing the "White Pages" 
directory service. 
As far as quality is concerned, the publisher should make a particular effort to: 
- verify the accuracy ol the information reproduced; 
- use only those fonts that are sufficiently legible, 
- ensure that the information is set out as clearly as possible. 
Council Directive of 28 June 1990 on the establishment of the internal market for telecommunications services 
through the implementation of open network provision (90/387/EEC; OJ No L 192/1, 24.7.90) (ONP Framework 
Directive) 
<Lf 
While ensuring the continued provision of a universal service based on the availability of a 
complete list of subscribers in each Member State, it is also desirable that steps be taken to 
promote the development of diversified services: 
_ which meet the needs of a fully developing telecommunications market; 
_ which are capable of developing in line with demand and are therefore adapted to the 
needs of the users; 
which fill existing gaps, notably with regard to pan-European and specialized directory 
services; 
which draw on the new technologies and electronic media. 
In this way, the diversification of demand through the opening-up to competition should help 
not only to stimulate the development of new products capable of establishing their own 
separate identity vis-à-vis the traditional directories (both in terms of their presentation and the 
medium chosen for the dissemination of the information contained therein) but also, through 
the use of the new technologies and the introduction of interactivity, to stimulate the 
development of multimedia. 
V. GUIDELINES ADOPTED 
The general framework for the future development of the telecommunications sector in the 
Union has been set out in Resolution 93/C213/01 of 22 July 199321 laying down a timetable for 
the total liberalization of the public telephone service by 1 January 1998 and in 
Resolution 94/C48/01 of 7 February 1994 on universal service principles in the 
telecommunications sector." 
In the European context, the legal basis for the production and distribution of directories and 
associated services is laid down in the Treaty. 
To the extent that a directory is both a product and a service, Articles 30 to 34 and Articles 36, 
59 and 60 of the Treaty relating to the free movement of goods and the freedom to provide 
services, respectively, and Article 129a of the Treaty relating to consumer protection must be 
applied in full. 
Also applicable are the provisions of the Treaty relating to competition and, in particular, 
Articles 85 and 86 of the Treaty relating to concerted agreements and the abuse of dominant 
position,23 as well as Article 90. 
Lastly, the regulatory framework at Community level is defined in the light of the principles 
and provisions set out in Directive 90/387/EEC24 (ONP Framework Directive), to the extent 
22 
23 
24 Council Resolution of 22 July 1993 on the review of the situation in the telecommunications sector and the need for 
further development in that market (OJ No C 213,6.8.93, p. 1 ). 
Council Resolution of 7 February 1994 on universal service principles in the telecommunications sector 
(94/C48/01), (OJ No C 48, 16.2.94, p. 1). 
Commission Statement concerning the Council Resolution on universal service principles m the 
telecommunications sector (94/C48/06), (OJ No C 48, 16.2.94). 
Cf. Guidelines on the application of EEC competition rules in the telecommunications sector (OJ No C 233, 
6.9.91). 
Council Directive of 28 June 1990 on the establishment of the internal market for telecommunications services 
through the implementation of open network provision (90/387/KHC, OJ No I. 192 24.7.90. p. I ). 
16 
that this Directive applies to voice telephony and associated services, as well as to data 
transmission services, Integrated Services Digital Network (ISDN) services, mobile services 
and telex services.25 
In particular, this concerns the application of the basic principles underlying 
Directive 90/387/EEC, viz. 
that the conditions governing access to the services in question must be based on 
objective criteria, must be transparent and published in the appropriate manner and must 
guarantee equal access on a non-discriminatory basis, in accordance with Community law; 
that the tariffs must be based on objective criteria and must, in principle, be cost-oriented. 
Lastly, account must be taken of other directives having major implications for the future 
development of directories. This applies, in particular, to directives or proposals for directives 
relating to data protection, distance selling, the protection of computer programs and the legal 
protection of data bases.2" 
Taking account of this prescribed framework, of the principal objectives of Union policy in the 
telecommunications sector as defined, in particular, in Resolution 93/C213/01 and 
Resolution 94/C48/01 and of the developments that have occurred in the field of 
telecommunications, the Commission proposes the following guidelines for Community policy 
in this sector: 
1. Retention of a universal directory in a competitive environment, i.e., 
complete list of subscribers to the fixed and mobile telephone services 
This guideline is based on the Union's general objectives as regards the provision of a universal 
service in the telecommunications sector, as defined in Resolution 93/C213/01. 
The "White Pages" directory service is traditionally "linked" to the provision of a universal 
service, as emphasized in the Commission statement on Resolution 94/C48/01. 
In particular, users of the voice-telephony service in each Member State should have at their 
disposal at least one complete "White Pages" directory listing the telephone particulars of the 
25 
26 See the Commission conummication to the European Parliament and to the Council on the current position and 
future approach with regard to open access to telecommunications networks and services (Open Network 
Provision). 
See: 
- Directive of the European Parliament and the Council of 24 July 1995 on the protection of individuals with 
regard to the processing ol personal data and on the free movement of such data. 
- Amended proposal for a Directive concerning the protection of personal data and privacy in the context ol 
digital telecommunications networks, in particular the Integrated Services Digital Network (ISDN) and the 
digital mobile network, COM(94) 128//W, 13.6.1994. 
- Amended proposal for a Council Directive on the protection of consumers in respect of contracts negotiated at a 
distance, COM(93)396//W, 7.10.93. 
- Council Directive of 14 May 1991 on the legal protection of computer programs (91/250/EEC, OJ No L 122, 
17.5.91, p. 42). 
- Proposal for a Council Directive on the legal protection of data bases COM(92)24 final, OJ NOC 156 of 
23.6.1992, P.4, modified proposal (COM )93) 464 final, OJ NOC 308 of 15 11.1993, P. I, common position of the 
Council of 10.07.1995 
4> 
subscribers to the fixed and mobile services, while at the same time having access to at least 
one information service at affordable prices. 
Steps must be taken to ensure that telecommunications services subscribers and users have 
access to the minimum amounts of information needed by them in the context of these services. 
Accordingly, while extending to all Member States the principles of opening up the directories 
market to competition, the national regulatory authority in each Member State will also be 
responsible for ensuring the availability of at least one universal directory containing a 
complete list of subscribers to the voice-telephony services, including subscribers to the mobile 
services.27 
2. Abolition of exclusive and special rights 
Resolution 93/C213/01 provides for the complete liberalization of the telephone service for the 
public by 1 January 1998. At present, at the regulatory level, the exclusive and special rights 
still accorded to the telecommunications organizations with regard to the public voice-
telephony service between fixed points have been extended in several Member States to 
subscriber lists produced and distributed by these telecommunications organizations. 
The Commission is of the opinion that, even before that date ( 1 January 1998) - to the extent 
that Member States currently maintain exclusive and special rights in the field of directory 
services -, such special and exclusive rights are contrary to the rules of competition, given that 
they involve unjustified extensions of exclusive or special rights recognized only in the case of 
the public telephone service, as defined in Directive 90/388/EEC.28 
Even if one takes the view that, in the current state of the development of the 
telecommunications sector, the provision of a universal voice-telephony network and service 
could constitute a service of general economic interest within the meaning of Article 90(2) of 
the Treaty justifying the granting of exclusive and special rights both now and - pursuant to 
Resolution 93/C213/EEC of 22 July 1993 - until 1 January 1998, the extension of such rights 
to the directories services nevertheless cannot be justified.29 
27 
28 
29 Procedures to be decided by the national regulatory authority, subject to compliance with Community rules, pending 
the proposals which the Commission is required to draw up before 1 January 1996 pursuant to 
Resolution 93/C213/01 with a view to achieving the total liberalization of the public voice-telephony services by 
1 January 1998. 
Commission Directive of 28 June 1990 on competition in the markets for telecommunications services 
(90/388/EEC; OJ No L 192/10, 24.7.1990). 
The Directive defines the "voice telephony service" as "the commercial provision for the public of the direct 
transport and switching of speech in real-time between public switched network termination points, enabling any 
user to use equipment connected to such a network termination point in order to communicate with another 
termination point." 
Under the consistent case-law of the Court of Justice, an undertaking enjoying a legal monopoly must be regarded 
as occupying a dominant position within the meaning of Article 86 of the Treaty, and the territory of the Member 
State to which such a monopoly is extended is likely to constitute a substantial part of the common market 
(Judgments of 23 April 1991, Klaus Homer and Fritz Elsner/Macrotron GmbH, C-141/90, Reports p. 1-1979, point 
28, of 18 June 1991, ERT, C-260/89, Reports p. 1-2925, point 31 and of 13 December 1991, RTT/GB-lnno-BM C-
18/88, Reports p. 1-5941, point 17). 
According to the case-law of the Court in the RTT/GB-lnno-BM case, the extension - without objective need and 
in the form of State measures - of a legal monopoly, on the grounds that it is a public service of general economic 
interest, to ancillary activities or neighbouring markets constitutes a violation of Article 90 in conjunction with 
Article 86 of the Treaty (Judgment of 3 October 1985, CBEM, 311/84, Reports p. 3261, point 27, RTT/GB-lnno-
BM case, points 18 to 24). 
18 
There is no objective justification whatsoever for the retention of special or exclusive rights in 
the directories sector, given that such a service can be provided by any undertaking, without 
prejudice to the provision of a universal telecommunications network and without posing any 
threat to the financial equilibrium of the telecommunications organizations charged with 
providing such a network. It follows from this that special or exclusive rights in the field of 
directories services are incompatible with Article 86, in conjunction with Article 90, and should 
therefore be abolished. The Commission therefore reserves the right to initiate henceforth 
measures appropriate to that end. 
3. Conditions governing access and marketing 
As regards the conditions governing access to raw data held by the operators, the rules of 
competition and the general principles laid down in Directive 90/387/EEC shall apply, to the 
extent that such raw data derive from, and are closely linked to, the activities covered by the 
principles set out in this Directive. In particular, this applies to the raw data held by the 
operators in their capacity as providers of a voice-telephony service. 
Above all, the conditions of access must be based on objective criteria, must be transparent 
and published in the appropriate manner and must guarantee equal access on a non­
discriminatory basis. The tariff conditions under which this information is made available by 
the owners and the transfer or marketing of subscriber lists must comply with the rules of 
competition30 and with the tariff principles set out in Directive 90/387/EEC. In particular, the 
following principles shall apply: 
_ the conditions of sale will have to be fair and will have to be applied in a non­
discriminatory manner; 
the tariffs will need to be based on objective criteria and must be cost-oriented, 
_ tariffs will need to be transparent, which in turn implies the application of an appropriate 
and transparent system of cost accounting. 
In cases where the production, management and/or marketing of directories or associated 
services form part of the overall activities of the operators of the networks and the public 
telephone system or other related services, adequate transparency must be assured, notably in 
the area of accounting, so as to guarantee that the competing providers of directories or 
associated services can operate under objective, transparent and non-discriminatory conditions. 
30 Cf. abovementioned guidelines on the application of Community competition rules in the telecommunications 
sector. 
As possible examples of contraventions of Treaty rules, and hence abuse of dominant position, attention should 
be drawn to instances of refusal by a telecommunications organization to provide access to raw data held by them 
on subscribers, refusal to insert advertising literature for competitive telecommunications products or services, or 
imposition of inequitable conditions on such advertisements so as to create a situation of discrimination or 
competitive disadvantage. 
In addition, the conclusion of a contract of sale must not involve the acceptance of additional services that are not 
linked to the actual object of the contract. 
13 
In certain cases, a separation of activities in the directories sector (i.e., through the creation of 
a subsidiary) may prove necessary, in order to provide the requisite degree of transparency in 
relation to the other activities of the telecommunications organization. 
4. Promotion of electronic directories and other forms of electronic 
support 
Occupying as they do a position at the forefront of publishing and telecommunications, the 
directories must be afforded the benefits of technological advances achieved to date, and 
conditions must be created to facilitate the development of these services on new forms of 
electronic support. 
To cite an example, the Minitel service in France has demonstrated the potential of such a 
development. 
The promotion of electronic support systems will be greatly facilitated by the opening-up of 
the market to competition, whereby new entrants will have an opportunity to propose 
innovatory directory services, particularly in areas where gaps currently exist in the pan-
European services, specialized services and on-line research services (electronic directory and 
CD ROM), thus diversifying and galvanizing the traditional directories market in its entirety. 
The use of the new information and communications technologies should contribute 
significantly to the evolution of the directories market in the direction of the multimedia 
market, thus facilitating user access to the plethora of services which will be coming on stream. 
This transformation will depend, in particular, on how the new technologies and electronic 
media are used in order to promote: 
ease of access; 
_ simplification and harmonization of the modes for interrogating the directory databases; 
_ diversification of supply, providing users with access to new functions and electronic 
media, notably interactivity (on-line research) and new forms of support such as 
CD ROM) 
With a view to developing the provision of such services, the promotion of new forms of 
support must be encouraged by reinforcing the measures already undertaken under the 
Community programmes in the field of information and communications services, e.g., 
programmes concerning videotex, electronic data exchange and the promotion of databases 
and on-line services. 
The main framework for these activities is the programme for the implementation of the 
information services market (IMPACT programme).31 
In the context of the implementation of open access to the network (Directive 90/387/EEC), 
the Commission will also look at the question of issuing specific standardization mandates to 
the competent organizations (ETSI and/or CEN-CENELEC) with a view to facilitating the 
interconnection of new services as well as access to such services. 
31 IMPACT programme II, OJ No L 377, 31.12.1991. 
20 
5. Necessary safeguards : protection of individual privacy and intellectual 
property rights 
The essential safeguards to be upheld during the transition of the directories and associated 
information services market to a competitive environment concern the protection of personal 
data and individual privacy and also copyright protection. 
Protection of individual privacy 
The Directive and the proposal on data protection and the protection of individual privacy seek 
to establish a high level of protection for data and individual privacy throughout the Union and 
lay down a coherent framework to promote the achievement of this objective.32 
Thus, Article 11 of the proposal for a Directive on the protection of data of a private nature 
and the protection of privacy in the context of public digital telecommunications networks 
stipulates that: 
data of a personal nature contained in a directory must be kept to the minimum amount 
strictly necessary to identify an individual subscriber, save where the latter expressly 
requests the publication of additional data of a personal nature; 
_ subscribers are entitled, without charge, to request non-disclosure of their sex, 
_ subscribers have the right to request, without charge, that their details should not be 
included in public directories. 
Moreover, these provisions give the persons concerned the right to access and correct data, as 
well as the right to oppose the transfer of use of data, such as contained in directories, for 
promotional purposes of any kind. 
Protection of intellectual property rights 
Steps must be taken to ensure that the principles set out in the Directives or proposals for 
Directives on the protection of programs and databases in the directories sector are properly 
applied and, where appropriate, extended. 
This applies, in particular, to:33 
the protection of computer programs through the application of the Council Directive of 
14 May 1991; 
the legal protection of databases through the application of the principles inherent in the 
proposal for a Council Directive of 15 April 1992 (common position of the Council of 
10.07.1995); 
In its action plan34 of 19 July 1994 on the implementation of the information society in Europe, 
the Commission also announced the publication in 1995 of a Green Paper on intellectual 
32 
33 Directive of the European Parliament and the Council of 24 July 1995 and proposal for a Directive COM(94)128, as 
referred to above. 
Directive 91/250/EEC and proposal for a Directive COM(92)24, COM (93) 464, as referred to above. 
21 
property rights. The Green Paper on intellectual property rights in the Information Society has 
been adopted on 19 July 1995 3 5 
VI. CONCLUSION 
Following an examination by the Commission of the current state of the telecommunications 
sector, the Council adopted 1 January 1998 as the date for the liberalization of public 
telephony services in the European Union, with additional transitional periods for certain 
Member States. 
Directories will be the obligatory gateway for users wishing to gain access to the services 
opening up in the telecommunications and multimedia services sector. The aim of the 
proposed guidelines is to ensure, on the one hand, the retention of a universal directory in a 
competitive environment and to promote, on the other, directory and associated information 
services which are better adapted to the needs of users, more easily accessible and of a higher 
quality. 
The Commission will pursue the implementation of the guidelines outlined above, 
incorporating them, where appropriate, in proposals to be presented to the European 
Parliament and to the Council by 1 January 1996 in accordance with Resolution 93/213/01, in 
order to prepare for the 1998 deadline. 
Against this background, the Commission hereby presents this communication to the European 
Parliament and to the Council. 
34 
Europe's way to the information society - An action plan, COM(94)347/»na/, 19.7 1994. 
35 COM (95) 382 final. 
22 
ISSN 0254-1475 
COM(95) 431 final 
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