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$8BP'*? Proposal for a 
COUNCIL DIRECTIVE 
on the application of open network provision (ONP) 
to voice telephony 
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!•» (presented by the Commission) 
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CONTENTS 
A. Summary 3 
B. Explanatory Memorandum 5 
1. introduction 5 
2. Background 6 
3. Consultation process 8 
4. Aims of the proposal 9 
5. Outline of contents 10 
6. Conclusion 12 
C. Proposal for a Council Directive on the 
application of open network provision (ONP) 
to voice telephony 13 
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A. Summary 
The Community attaches very great importance to the improvement in 
telecommunications and to the growth of trans-European 
telecommunications networks and services. An efficient, cost-
effective telecommunications infrastructure is an essential 
foundation for a flourishing single market, and will benefit users, 
service providers and telecommunications organizations alike. 
The concept of open network provision was introduced in the 1987 
Green Paper on telecommunications* and given substance in a 
subsequent Council Directive on open network provision (ONP)2, 
adopted in 1990. ONP is designed to harmonize access and use of 
telecommunications networks and services throughout Europe, and to 
encourage the provision of new competitive telecommunications 
services by ensuring a 'level playing field' for all market entrants. 
This proposal for a Directive on the application of open network 
provision to voice telephony services has three basic goals: 
- to establish the rights of users of voice telephony services; 
to improve access to the public telephone network infrastructure 
for all users, including service providers; 
- to enhance Community-wide provision of voice telephony services. 
The pace of change in this sector - in terms of both technological 
advance and user need - calls for flexibility in the implementation 
of these objectives. The current proposal represents a careful 
balance, based on extensive consultation with interested parties, 
which seeks to achieve maximum benefit to users, freedom for 
telecommunications organizations to meet market demand, and 
convergence towards trans-European networks and services. 
COM(87) 290, 30.6.1987, "Towards a dynamic European economy: Green 
Paper on the development of the common market for telecommunications 
services and equipment". 
OJ No L 192, 24.7.1990, p. 1 "Establishment of the internal market 
for telecommunications through the implementation of open network 
provision". 
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The proposal is submitted in accordance with the priorities laid down 
in Directive 90/387/EEC, and follows an earlier Commission proposal 
for a Directive on ONP for leased lines3, and proposals for 
Recommendations on ONP and packet switched data services (PSDS)4 and 
ONP and the integrated services digital network (ISDN)5. 
3 OJNoL 165, 19.6.1992, p. 27. 
4 OJ No L 200, 18.7.1992, p. 1. 
5 OJ No L 200, 18.7.1992, p. 10. 
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B. Explanatory Memorandum 
1. Introduction 
The Community attaches very great importance to the improvement in 
telecommunications and to the growth of trans-European 
telecommunications networks and services. An efficient, cost-
effective Community-wide telecommunications infrastructure is an 
essential foundation for a flourishing single market, and will 
benefit users, service providers and telecommunications organizations 
alike. 
The Commission is following a programme, set out in the 1987 Green 
Paper6, for progressively introducing competition into the 
telecommunications market. The Council has expressed broad support 
for the objectives of this programme, and in particular the 
progressive creation of an open Community market for 
telecommunications services7. 
The considerable technological advances in telecommunications over 
the last decades allow an increasing range of services to be 
provided. 
The concept of open network provision (ONP) is designed to harmonize 
access to and use of telecommunications networks and services 
throughout Europe, and to encourage the provision of new competitive 
telecommunications services, by ensuring a 'level playing field* for 
all market entrants. 
COM(87) 290, 30.6.1987, "Towards a Dynamic European Economy: Green 
Paper on the development of the Common Market for Telecommunications 
Services and Equipment". 
OJ No C 257, 4.10.1988, p. 1. 
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The ONP framework Directive (90/387) of 28 June 19908 describes ONP 
and outlines general principles for the open and efficient access to 
public telecommunications networks and services. It contains a 
timetable for the phased implementation of ONP to specific areas, 
giving priority to Directives for leased lines and voice telephony, 
and Recommendations for packet-switched data services (PSDS) and the 
integrated services digital network (ISDN). 
The Commission has already presented proposals for a Directive on 
ONP for leased lines9, and for Recommendations on ONP and PSDS10, 
and ONP and ISDN11. 
2. Background 
Voice telephony is the biggest and most economically important 
service operated by telecommunications organizations, and is a vital 
service for both consumers and business users. At the beginning of 
1992, there were estimated to be 150 million telephone lines in the 
Community, and the number is forecast to grow to about 180 million 
lines by 199612. This overall growth conceals distinct variations 
between Member States, however; in some Member states there is a 
need for considerable investment in the public telephone network in 
order to make it available to users in all regions, and growth of up 
to 80% between 1991 and 1996 is forecast; in other Member States the 
penetration of telephone lines has almost reached saturation, and the 
emphasis is on adding value to the basic telephone network. But 
whatever its state of development, the voice telephony service plays 
a vital role in the social and business life of every country. 
t ©J No L 192, 24.7.1990, p. 1. 
9 OJKoL 165, 19.6.1992, p. 27. 
10 OJ No L 200, 18.7.1992, p. 1. 
11 OJ No L 200, 18.7.1992, p. 10. 
12 Source: Logica. 
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Because voice telephony represents such a large proportion of 
telecommunications services in the Community, the rapid application 
of harmonized ONP principles to voice telephony will be a major step 
towards the full establishment of the Community-wide market in 
telecommunications services. 
Commission Directive 90/388/EEC13 on competition in the markets for 
telecommunications services, allows Member States to maintain special 
or exclusive rights for the supply of voice telephony services. 
Some Member States allow competition in the provision of voice 
telephony service throughout the territory, others allow the 
coexistence of monopolies with distinct boundaries, others maintain a 
single telecommunications organization to serve the whole territory. 
This proposal for a Directive takes account of all these different 
regimes. In dealing with harmonisation of access and use of networks 
and services, it complements Council Directive 91/263/EEC which 
addresses telecommunications terminal equipment14. 
Telephone network technology is undergoing fundamental change, as the 
old analogue public switched telephone network (PSTN) is being 
replaced by digital switching and transmission equipment, and 
evolving towards the integrated services digital network (ISDN), able 
to carry all forms of information in a common digital format. At the 
same time, the fixed network now has to compete with the new mobile 
telephone networks, themselves often provided in a competitive 
manner, and the issue of interconnection between networks is becoming 
of prime importance. 
In accordance with the principles set out in Directive 90/388/EEC, 
regulation of telecommunications in each Member State is the 
responsibility of an independent national regulatory authority, and 
this body has a key role to play in implementing and monitoring the 
regulatory regime for telecommunications, in relation to both 
network/service aspects and terminal equipment aspects. 
13 OJ No L 192, 24.7.1990, p. 10. 
14 OJ No L 128, 23.5.1991, p. 1 'The approximation of the laws of the 
Member States concerning telecommunications terminal equipment, 
including the mutual recognition of their conformity.' 
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During 1992, in accordance with Article 8 of Directive 90/387/EEC, 
the Council is due to review progress on harmonization in 
telecommunications. The purpose of the review is to examine 
remaining conditions for access to telecommunications networks or 
services which have not been harmonized, the effects of those 
conditions on the workings of the internal market for 
telecommunications services, and the extent to which this market 
needs to be further opened up. This proposal for a Directive does 
not anticipate in any way the results of this review. It has been 
drafted, as far as is possible, so as to ensure that its requirements 
remain valid whatever the outcome of the review. 
3. The consultation process 
Council Directive 90/387/EEC provides a consultative procedure for 
drawing up proposals for open network provision (ONP), applied to 
specific areas. 
In accordance with Article 4(4) of the abovementioned Directive, an 
'Analysis Report on the application of ONP to Voice Telephony' was 
drafted by the Commission and discussed at a meeting of the ONP 
Committee on 2/3 July 1991. An amended version of this Analysis 
Report, taking into account preliminary comments made by the ONP 
Committee, was made available for public comment via a notice in the 
Official Journal published on 26 July 199115. 
The Analysis Report set out the main proposals in a concise form in 
order to facilitate the consultation process. In content, the 
Analysis Report drew upon a number of studies undertaken for the 
Commission, amongst others a detailed report on ONP and voice 
telephony16. It addressed what were seen as the main needs in voice 
telephony, taking into account the characteristics of the 
telecommunications sector, namely rapid technological change, 
evolving market demand, and major long-term investments. 
15 OJ C 197, 26.7.91, p. 12. 
16 "Study of the application of the ONP concept to voice telephony 
services", a report prepared under contract for the Commission by 
National Economic Research Associates, London. 
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The present proposal for a Council Directive takes into account the 
comments on the Analysis Report received from interested parties 
during the public comment process, and discussion in the ONP 
Committee. 
A number of comments on the Analysis Report called for additional 
features to be included in the proposed directive; others were 
concerned about over-regulation, and in particular that the 
obligations proposed should be in proportion to the desired effects. 
Balancing these submissions, the Commission took the view that any 
over-regulation which placed an excessive burden on the sector and 
which could result in an imbalance in competitive conditions, had to 
be avoided. While appreciating the calls for further provisions, it 
was decided not to extend the proposed directive beyond the minimum 
provisions originally contained in the Analysis Report. 
4. Aims of the proposal 
Underlying this proposal are three basic goals: 
- the need to establish the rights of public telephone network 
users when dealing with telecommunications organizations; 
the need to open up access to the public telephone network 
infrastructure for service providers and other telecommunications 
operators (eg mobile) on an equitable and non-discriminatory 
basis; 
the need to give effect to the demands of the single market, 
particularly in the provision of European-wide telephony 
services, and in the planning and coordination of pan-European 
numbering. 
The Directive foresees a telecommunications environment where: 
- commercial considerations are the prime justification for the 
implementation of new features and facilities; 
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national regulatory authorities have primary responsibility for 
regulation of national markets; 
the Commission, working in conjunction with the ONP committee, 
performs a minimum coordination role at Community level to ensure 
that users benefit from truly European voice telephony. 
The proposed Directive lays emphasis on the role of market demand, 
and the need for this element to be the driving force for new 
developments in the sector. It also stresses the need for 
publication of information about voice telephony services; 
publication of information safeguards the fair and equal treatment of 
service providers, it allows users to be fully informed about the 
service offered, and it serves to reduce the need for routine 
regulatory intervention. 
5. Outline of contents 
Article 1 defines the scope, and explains that ONP conditions apply 
to both the voice telephony service and the underlying fixed public 
telephone network over which that service is provided. 
Article 2 defines the terms used. 
Article 3 sets out the basic rights of the user to be connected to 
the fixed public telephone network and to use it for voice and non-
voice purposes. 
Article 4 ensures that information about the telephone service and 
network is published and easily accessible. 
Article 5 provides for targets to be set for service, and for 
performance against those targets to be monitored. 
Article 6 sets conditions for the termination of service offerings. 
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Article 7 deals with user contracts. 
Article 8 calls for a minimum set of advanced features which will 
stimulate the market for new voice-based services. 
Articles 9 and 10 address the important issues of special network 
access and interconnection for Community-wide interworking. 
Articles 11 to 13 call for cost orientation and transparency of 
tariffs, but with appropriate consideration given to the specific 
requirements of large-scale users and low-usage users. 
Article 14 calls for itemized billing. 
Article 15 deals with access to directory services. 
Articles 16 and 17 cover telephone call boxes, and telephone pre­
payment cards. 
Article 18 allows specific provisions to be made for handicapped 
users and other people with special needs. 
Article 19 makes provision for technical specifications for the 
public telephone network interface, including the socket, taking 
account of the evolution of network technology (PSTN to ISDN). 
Article 20 calls for numbering to be a regulatory responsibility. 
Article 21 deals with usage conditions and essential requirements. 
Article 22 ensures that reference is made to standards used as the 
basis for voice telephony service offerings. 
Article 23 describes the procedures for agreeing harmonized 
implementation of features within the Community. 
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Article 24 describes reporting requirements, and the information to 
be held by the national regulatory authority. 
Article 25 promotes simple conciliation and dispute resolution 
procedures for users. 
Article 26 explains the grounds upon which deferment of the 
obligations of this directive can be accepted. 
Article 27 makes provision for updating the technical requirements of 
the Directive. 
Articles 28 and 29 describe committee procedure. 
Article 30 calls for a review of the working of the Directive in 
1995. 
Articles 31 and 32 cover the normal formalities. 
6. Conclusion 
This Commission proposal for a Council Directive on the application 
of open network provision to voice telephony will enhance Community-
wide provision of a harmonized minimum set of voice telephony 
services, and will establish conditions of access to and use of the 
public telephone network and voice telephony service for 
telecommunications service providers and others. 
The proposal results from the priorities laid down in Council 
Directive 90/387/EEC, and its contents have been subject to 
widespread consultation with the ONP Committee and interested 
parties. 
The Council is therefore requested to adopt the attached proposal for 
a Directive. 
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C. 
Proposal for a 
COUNCIL DIRECTIVE 
on the application of open network provision (ONP) 
to voice telephony 
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 Commission1, 
In cooperation with the European Parliament2, 
Having regard to the opinion of the Economic and Social Committee3, 
1. Whereas Council Directive 90/387/EEC of 28 June 1990 on the 
establishment of the internal market for telecommunications services 
through the implementation of open network provision4 provides inter 
alia that theCouncil shall adopt a specific directive establishing 
open network provision conditions for the voice telephony service; 
2. Whereas in accordance with Directive 90/387/EEC, open network 
provision (ONP) applies to public telecommunications networks and, 
where applicable, public telecommunications services; whereas 
therefore the application of ONP to the voice telephony service must 
also include the application of ONP to the network over which the 
voice telephony service is provided; 
3. Whereas ONP conditions should be applicable to all the network 
technologies currently in use in Member States, including analogue 
telephone networks, digital networks and the integrated services 
digital network (ISDN); 
1 
2 
3 
4 OJ No L 192, 24.7.1990, p. 1. 
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4. Whereas this Directive does not apply to mobile voice telephony 
services; whereas it does apply to the use of the fixed public 
telephone network by mobile service operators, in particular with 
respect to the interconnection of mobile telephone networks with the 
fixed public telephone network, in order to achieve comprehensive 
Europe-wide services; 
5. Whereas this Directive does not apply to services or service features 
provided at network termination points located outside the Community; 
6. Whereas Commission Directive 90/388/EEC of 28 June 1990 on 
competition in the markets for telecommunications services5 defines 
the special and exclusive rights which Member States may maintain for 
the public telephone network and voice telephony service; 
7. Whereas use of the voice telephony service has become important for 
social and economic reasons, and everyone in the Community should 
have the right to subscribe to this service; whereas in application 
of the principle of non-discrimination, voice telephony service must 
be offered and provided on request without discrimination to all 
users; whereas the principle of non-discrimination 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 proprietary information, subject to relevant legislation 
concerning the protection of personal data and privacy; 
8. Whereas in accordance with Directive 90/388/EEC, Member States which 
maintain special or exclusive rights for the provision and operation 
of public telecommunications networks must take the necessary 
measures to make the conditions governing access to and use of the 
network objective and non-discriminatory and to publish them; whereas 
it is necessary to harmonize which specifications should be published 
and under which form, in order to facilitate the provision of 
telecommunications services within Member States and between Member 
States, and in particular the provision of services by companies, 
firms or natural persons established in a Member State other than 
that of the company, firm or natural person for whom the services are 
intended. 
OJ No L 192, 24.7.1990, p. 10. 
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9. Whereas in conformity with the principle of separation of regulatory 
and operational functions, national regulatory authorities have been 
created in Member States; whereas in application of the principle of 
subsidiarity, the national regulatory authority of each Member State 
should play an important role in the implementation of this 
Directive, particularly in matters relating to the publication of 
targets and performance statistics, dates for the implementation of 
new service features, adequate consultation with users/consumers and 
user/consumer organizations, the control of numbering plans, the 
surveillance of usage conditions, and the resolution of disputes; 
10. Whereas quality-of-service as perceived by users is an essential 
aspect of the service provided, and quality-of-service parameters and 
achieved performance should be published for the benefit of users; 
whereas harmonized quality-of-service parameters and common 
measurement methods are required in order to asses Community-wide 
convergence of quality-of-service; whereas different categories of 
user require different levels of quality-of-service, for which 
different tariffs may be appropriate; 
11. Whereas users of the public telephone network should have similar 
rights when dealing with telecommunications organizations as they 
have with the providers of other goods and services, and 
telecommunications organizations should not have any special legal 
protection when dealing with users of the public telephone network; 
12. Whereas, in addition to the basic voice telephony service made 
available to users for their own use, for shared use or for the 
provision of services to third parties, it is desirable to ensure 
that, subject to technical and economic feasibility, a harmonized 
minimum set of advanced voice telephony service features is offered 
to users, both for communications within a Member State and between 
Member States; 
13. Whereas the provision of other voice telephony service features, 
provided in response to market demand in addition to the harmonized 
minimum set of voice telephony service features described herein, 
should not impede the provision of the basic voice telephony service 
features; 
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14. Whereas harmonized conditions for voice telephony should allow Member 
States flexibility to determine the timescales for implementation, 
given the different situations with regard to technical development 
of the network and market demand; 
15. Whereas the Commission has issued Guidelines on the application of 
EEC competition rules in the telecommunications sector6 in order 
inter alia to clarify the application of Community competition law 
when telecommunications organizations cooperate in order to implement 
Community-wide connectivity between public networks and services; 
16. Whereas, in order to provide efficient and effective 
telecommunications services, and to offer new applications, 
telecommunications service providers and others may, in accordance 
with the principles of Community law, require access to the public 
telephone network at points other than the network termination points 
offered to the majority of telephone users; whereas it is essential 
that in making full and efficient use of the public telephone network 
via such special network access, the integrity of the public network 
is maintained; 
17. Whereas in accordance with the definition in Directive 90/387/EEC, 
the network termination point may be located on the premises of a 
telecommunications organization; whereas installation of equipment 
owned by service providers on the premises of a telecommunications 
organization is not specifically called for in this Directive; 
whereas it is necessary for adequate safeguards to be implemented by 
national regulatory authorities in order to ensure that 
telecommunications organizations do not discriminate against service 
providers with whom they are in competition; whereas the tariffs 
which apply to telecommunications organizations when using the public 
telephone network for the provision of telecommunications services 
should be the same as the tariffs which apply to other users; 
OJ No C 233, 6.9.1991, p. 2. 
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18. Whereas users should benefit from economies of scope and scale which 
may result from new intelligent network architectures; whereas the 
development of the Community market of telecommunications services 
calls for the widest availability of features such as those 
identified in this Directive; whereas the principle of non­
discrimination should be applied in a manner that does not hinder the 
development of advanced telecommunications services; 
19. Whereas telecommunications organizations should be encouraged to 
establish the necessary cooperation mechanisms in order to ensure 
Community-wide full interconnectivity between public networks - in 
particular for the voice telephony service; whereas national 
regulatory authorities should facilitate such cooperation ; whereas 
such interconnection should be subject to regulatory oversight in 
order to safeguard the Community-wide interests of users and 
compliance with Community law, and therefore national regulatory 
authorities should have the right of access to full information about 
network interconnection agreements where required; 
20. Whereas in some Member States the provision of voice telephony 
service, including international telephone service, is not subject to 
exclusive rights, and whereas an adequate level of interconnection of 
public telephone networks is essential for the provision of 
Community-wide voice telephony services; whereas it is the 
responsibility of national regulatory authorities to ensure that the 
conditions governing access to public telephone networks, including 
access by telecommunications organizations from other Member States, 
are objective and non-discriminatory in accordance with Directive 
90/387/EEC; 
21. Whereas in accordance with Directive 90/387/EEC, common, efficient 
tariff principles, based on objective criteria and cost-orientation, 
should be applied throughout the Community; whereas a reasonable 
transition period may be necessary in order to fully implement these 
tariff principles; whereas nevertheless tariffs must be transparent 
and properly published, must be sufficiently unbundled in accordance 
with the competition rules of the Treaty, and must be non­
discriminatory and guarantee equality of treatment; 
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22. Whereas national regulatory authorities have a responsibility for 
overseeing of tariffs; whereas tariffs structures should evolve in 
response to technological development and user demand; whereas the 
requirement for cost-orientated tariffs means that telecommunications 
organizations should implement cost accounting systems by which costs 
can be allocated to services in a transparent manner; whereas 
notwithstanding further obligations which might be set out in 
particular to ensure transparency of financial transfers between 
activities within undertakings to which special or exclusive rights 
have been granted by the Member States, a minimum set of requirements 
should be established; whereas such requirements can be fulfilled 
for example by the implementation of the principle of fully 
distributed costing; 
23. Whereas within the overall principle of cost orientation, certain 
flexibility is needed, under supervision of the national regulatory 
authority, in order to allow discount schemes for certain uses, or 
socially desirable tariffs for particular groups of people, for 
particular types of call, or at particular times of day; whereas 
discount schemes must comply with the competition rules of the 
Treaty, and in particular with the general principle that the 
conclusion of contracts must not be subject to acceptance of 
unrelated supplementary obligations; whereas, in particular, 
discount schemes must not link provision of services provided under 
special or exclusive rights with services provided competitively; 
24. Whereas users require to be able to check the correctness of their 
bills by being given itemised bills, to a level of detail compatible 
with the user need and with relevant legislation on data protection 
and privacy; 
25. Whereas directories of users who subscribe to the voice telephony 
service should be readily available, since they are an important 
element for access to the telephone service; whereas directory 
information should be made available to service providers and other 
telecommunications organizations on fair and non-discriminatory 
terms; whereas users should have the choice of being included or 
excluded from directories, in conformity with relevant law on data 
protection and privacy; 
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26. Whereas public telephone call boxes provide an important means of 
access to the voice telephony service, especially for emergencies, 
and it is desirable to ensure that there is adequate provision of 
them for use by the public; 
27. Whereas, recognising that users would benefit from a single type of 
telephone payment card usable in all Member States, the Commission 
has given the European Committee for Standardization (CEN)/the 
European Committee for Electrotechnical Standardization (CENELEC) a 
mandate to develop suitable standards; whereas in addition to these 
standards, commercial agreements are needed to ensure that pre­
payment cards issued in one Member States can be used in other Member 
States; whereas the placing on the market and the free circulation 
and use of terminal equipment, including pay-telephones, must not be 
impeded, in compliance with Community law and in particular Council 
Directive 91/263/EEC of 29 April 1991 on the approximation of the 
laws of the Member States concerning telecommunications terminal 
equipment, including the mutual recognition of their conformity7, 
and with the competition rules; 
28. Whereas within Member States, support may be given to groups of 
people with special needs; whereas this may include provisions 
relating to the voice telephony service, because it is recognized as 
an important service for handicapped people; 
29. Whereas free circulation of telecommunications terminal equipment 
must be guaranteed, and Directive 91/263/EEC describes requirements 
for terminal equipment; whereas to ensure effective implementation 
of this objective, it is necessary to set requirements for the 
corresponding network termination point, including specifications for 
the socket, and if necessary to make provision for the use of 
terminal/network adaptors; 
30. Whereas national telephone numbers are a resource which should be 
controlled by regulatory bodies; whereas numbering schemes should be 
developed in full consultation with telecommunications organizations 
and in harmony with a long-term Community-wide numbering framework 
OJ No L 128, 23.5.1991, p. 1. 
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and the international numbering scheme; whereas number changes are 
expensive for both telecommunications organizations and users to 
implement, and should be kept to a minimum compatible with national 
and international long-term requirements; 
31. Whereas there is an immediate need to create a European numbering 
space in order to provide common numbers and common codes for 
Community-wide voice telephony services including freephone/green 
numbers; 
32. Whereas in accordance with Directive 90/388/EEC Member States which 
make the supply of telecommunications services subject to a licensing 
or declaration procedure must ensure that the conditions for the 
grant of licences are objective, non-discriminatory and transparent, 
that reasons are given for any refusal, and that there is a procedure 
for appealing against any such refusal; whereas usage conditions for 
the public telephone network must be compatible with Community law 
and in particular Directive 90/387/EEC; whereas in accordance with 
Council Directive 92/44/EEC of 5 June 1992 on the application of ONP 
to leased lines8, no technical restrictions must be introduced or 
maintained for the interconnection of leased lines and public 
telephone networks; 
33. Whereas in accordance with Directive 90/387/EEC, the essential 
requirements upon which restrictions on access to and usage of public 
telecommunications networks or services are justified include only 
security of network operations, maintenance of network integrity, 
interoperability of services in justified cases, and protection of 
data as appropriate; whereas, in addition, the conditions generally 
applicable to the connection of terminal equipment apply; whereas 
national regulatory authorities may authorize procedures whereby a 
telecommunications organization can react immediately in the event of 
a serious breach of access or usage conditions; 
OJ No L 165, 19.6.1992, p. 27. 
- 21 -
34. Whereas the principle of transparency should apply to the standards 
upon which voice telephony services are based; whereas in accordance 
with Directive 90/387/EEC, the harmonization of technical interfaces 
and access conditions must be based on common technical 
specifications which take account of international standardization; 
whereas in accordance with 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^, as amended by 
Directive 88/182/EEC10, new national standards must not be developed 
in areas where harmonized European standards are under development; 
35. Whereas, to enable the Commission to monitor effectively the 
application of this Directive, it is necessary that Member States 
notify to the Commission which national regulatory authority will be 
responsible for its implementation, and provide the relevant 
information called for in this Directive; 
36. Whereas in addition to the rights of recourse granted under national 
or Community law, there is a need for a simple conciliation procedure 
for resolving disputes both at a national level and at a Community 
level; whereas this procedure should be responsive, inexpensive and 
transparent, and should involve all the parties concerned; whereas 
this does not prejudice the normal application of the proceedings 
provided for in Articles 169 and 170 and the competition rules of 
the Treaty; 
37. Whereas for interconnection issues, a procedure is required to 
resolve disputes in order to ensure Community-wide services; whereas 
such a procedure should involve the ONP Committee; 
38. Whereas, given the dynamic technological development in this sector, 
it is necessary to establish a procedure for adjustment of the 
technical provisions of this Directive, which involves the ONP 
Committee; 
9 OJ No L 109, 26.4.1983, p. 8. 
10 OJ No L 81, 26.3.1988, p. 75. 
- 22 -
39. Whereas Council Directive / /EEC [concerning the protection 
of personal data and privacy in the context of public digital 
telecommunications networks, in particular the integrated services 
digital network (ISDN) and public digital mobile networks]11 
requires Member States to ensure the protection of personal data and 
privacy in the telecommunications sector, with regard to the 
collection, storage, and processing of personal data, and to ensure 
the confidentiality of information transmitted over public 
telecommunications networks; whereas Article 27 of Council Directive 
..../ /EEC [approximating certain laws, regulations and 
administrative provisions of the Member States concerning the 
protection of individuals in relation to the processing of personal 
data]12 sets up a Working Party on the protection of personal data; 
whereas where appropriate, the Commission may discuss with this 
working party measures concerning data protection and privacy in 
relation to open network provision; 
40. Whereas telecommunications services are subject to consumer 
protection legislation and legislation concerning promulgation of 
information or material which may be considered offensive by the 
general public, and therefore no specific additional measures are 
envisaged in this Directive; 
41. Whereas given the dynamic development in this sector, the application 
of ONP to voice telephony must be a progressive and ongoing process, 
and the regulatory conditions must be flexible enough to meet the 
demands of a changing market and changing technology; whereas 
therefore a responsive procedure for technical adjustment should be 
established which takes full account of the views of Member States; 
42. Whereas a need is foreseen for a procedure for ensuring convergence 
of voice telephony service and network features at a Community level; 
whereas such a convergence procedure should involve the ONP 
Committee; whereas in such a procedure, full account must be taken of 
the state of network development and market demand in the Community; 
11 COM(90) 314 - SYN 288, 13.9.1990. 
12 COM(90) 314 - SYN 287, 13.9.1990. 
-23 -
43. Whereas the goal of an advanced cost-effective trans-European 
telephony service - an essential foundation of the single market -
requires effective and efficient interconnection of national networks 
and interoperability of services; whereas the alternative to 
Community legislation is an analogous system of provisions negotiated 
between the Member States which would involve obvious difficulties 
because of the number of organisms which would be involved in 
multiple bilateral negotiations; whereas on the contrary the form of 
a Community directive has repeatedly shown itself, in the sector of 
telecommunications among others, as a practicable, rapid and 
efficient means; whereas the objective of the action under 
consideration can therefore be better achieved at Community level; 
- 24 -
HAS ADOPTED THIS DIRECTIVE: 
Chapter 1 
General 
Article 1 
Scope 
1. This Directive concerns the harmonization of conditions for open and 
efficient access to and use of fixed public telephone networks and 
services, and the availability throughout the Community of a 
harmonized voice telephony service. 
2. The provisions of this Directive shall apply independently of the 
network technology used to provide voice telephony service. This 
Directive does not apply to mobile telephone services except in so far 
as it concerns the interconnection between the networks used for 
mobile telephone services and the fixed public telephone networks. 
Article 2 
Definitions 
1. The definitions given in Directive 90/387/EEC shall apply, where 
relevant, to this Directive. 
2. For the purposes of this Directive: 
'fixed public telephone network' means the public 
telecommunications network which provides switched telephony 
capacity connections between network termination points at fixed 
locations, and which is used, inter alia, for the provision of 
voice telephony service; 
- 'users' means end-users, including consumers (i.e. residential 
end-users), and service providers, including telecommunications 
organizations where the latter are engaged in providing services 
which are or may be provided also by others; 
- 25 -
'national regulatory authority' means the body or bodies in each 
Member State, legally distinct and functionally independent of 
the telecommunications organisations, entrusted by that Member 
State, inter alia, with the regulatory functions addressed in 
this Directive; 
'ONP Committee' means the committee created by Article 9(1) of 
Directive 90/387/EEC; 
'public pay-telephone' means a telephone available to the general 
public, for the use of which the means of payment can include 
coins, credit/debit cards and/or pre-payment cards; 
'public telephone call box' means a pay-telephone located on 
public ground. 
Chapter 2 
Access to and use of public telephone networks 
and voice telephony services 
Article 3 
Provision of service, connection of terminal equipment, 
and use of the network 
Member States shall ensure that users have the right to: 
(a) be supplied with a connection to the public telephone network; 
(b) connect and use approved terminal equipment situated on the 
user's premises, in accordance with national and Community law; 
(c) use the public telephone network for voice telephony and other 
applications, including those which require a transparent 
telephony circuit, to the full extent allowed under Community law 
in accordance with the relevant targets for supply and quality of 
service set out in Article 5. 
- 26 -
Article 4 
Publication of and access to information 
1. National regulatory authorities shall ensure that adequate and up-to-
date information on access to and use of the public telephone network 
and voice telephony service is published according to the list of 
headings given in Annex 1. 
Changes in existing offerings shall be published as soon as possible 
and, unless the national regulatory authority agrees otherwise, no 
later than 2 months before their implementation. 
2. The information referred to in paragraph 1 shall be published in an 
appropriate manner so as to provide easy access for users to that 
information. 
3. National regulatory authorities shall notify to the Commission before 
1 January 1994 - and thereafter in case of any change - the manner in 
which the information referred to in paragraph 1 is made available; 
the Commission will regularly publish a corresponding reference in the 
Official Journal of the European Communities. 
Article 5 
Targets for supply time and quality of service 
1. National regulatory authorities shall ensure that targets are set and 
published for supply time and quality of service indicators based on 
the list set out in Annex 2, and that the performance of national 
telecommunications organizations in relation to those targets is 
published periodically. Definitions, measurement methods, and targets 
shall be reviewed periodically by the national regulatory authority, 
taking into account Community-wide convergence of quality of service 
criteria. 
2. Publication shall be in the manner laid down in Article 4. 
- 27 -
Article 6 
Conditions for the termination of offerings 
1. National regulatory authorities shall ensure that existing service 
offerings continue for a reasonable period of time, and that 
termination of an offering can be done only after consultation with 
users and organizations representing user and/or consumer interests. 
2. Without prejudice to other rights of appeal provided for by national 
laws, Member States shall ensure that users and organizations 
representing user and/or consumer interests can bring before the 
national regulatory authority cases where the users do not agree with 
the termination date as envisaged by the telecommunications 
organization. 
Article 7 
User contracts 
1. National regulatory authorities shall ensure that users have a 
contract which specifies the service to be provided by a 
telecommunications organization and the compensation arrangements if 
the contracted service quality levels are not met. 
2. Standard contract conditions and compensation schemes used by 
telecommunications organizations shall be agreed by the national 
regulatory authority. Users' contracts with telecommunications 
organizations shall contain a summary of the procedure for settlement 
of disputes. 
3. Member States shall ensure that users, acting where national 
procedures allow, in conjunction with organizations representing user 
and/or consumer interests, have the right to institute proceedings 
against a telecommunications organization. 
- 28 -
Chapter 3 
Advanced features, special network access and interconnection 
Article 8 
Provision of advanced features 
1. National regulatory authorities shall ensure the provision, subject to 
technical and economic feasibility, of the features listed in point 1 
of Annex 3, in accordance with technical standards as identified in 
Article 22. 
2. National regulatory authorities shall facilitate and encourage 
provision of the services and features listed in point 2 of Annex 3, 
in accordance with technical standards as identified in Article 22, 
through commercial arrangements between telecommunications 
organizations and where appropriate others, in conformity with the 
procedural and substantive rules of competition of the Treaty, and in 
response to user demand. 
3. National regulatory authorities shall ensure that proposed dates for 
the introduction of these features are set, taking into account the 
state of network development, market demand and progress with 
standardization, and published in the manner laid down in Article 4. 
Article 9 
Special network access 
1. National regulatory authorities shall ensure that telecommunications 
organizations respond to requests from users, including service 
providers, for access to the public telephone network at network 
termination points other than the network termination points referred 
to in Annex 1. 
- 29 -
Such requests may be referred to the national regulatory authority 
where the telecommunications organization considers that granting the 
access requested would adversely affect the normal operation of the 
public telephone network, or would impinge upon any special or 
exclusive rights granted to the telecommunications organization in 
accordance with Community law. Access shall be restricted or denied 
only on the grounds given in Article 21. 
2. National regulatory authorities shall ensure that telecommunications 
organizations adhere to the principle of non-discrimination when they 
make use of the public telephone network for providing services which 
are or may be provided also by other service providers. 
3. Technical and commercial arrangements for special network access shall 
be a matter for agreement between the parties involved, subject to 
intervention by the national regulatory authority as laid down in 
paragraphs 1, 4 and 5. The agreement may include reimbursement to the 
telecommunications organization for specific costs incurred in 
providing the network access requested. 
4. The national regulatory authority shall intervene if requested by 
either party, in order to set conditions that are non-discriminatory, 
are fair and reasonable for both parties, and offer the greatest 
benefit to all users. 
5. National regulatory authorities shall also have the right, in the 
interest of all users, to ensure that the agreements are entered into 
and implemented in an efficient and timely manner, and that they 
include conditions about conformance to relevant standards, 
conformance to essential requirements and/or the maintenance of end-
to-end quality. 
6. The Commission shall request standards for new types of network access 
to be drawn up by the European Telecommunications Standards Institute 
(ETSI), where appropriate. Standards for these new types of network 
access shall be referenced in the Official Journal of the European 
Communities in accordance with Article 5(1) of Directive 90/387/EEC. 
30 -
7. Details of agreements for special network access shall be made 
available to the national regulatory authority upon request. The 
national regulatory authority shall make details of agreements for 
special network access available to the Commission on request. 
Article 10 
Interconnect ion 
1. National regulatory authorities shall ensure that reasonable requests 
for network interconnection from authorized providers of voice 
telephony services are met, in particular to ensure Community-wide 
provision of voice telephony service. No request shall be refused 
without prior consultation of the national regulatory authority or 
authorities concerned. 
2. Technical and commercial arrangements for interconnection shall be a 
matter for agreement between the parties involved, subject to 
intervention by the national regulatory authority as laid down in 
Article 9(4) and (5). 
3. If interconnection agreements include specific compensation provisions 
for the telecommunications organisation in situations where different 
operating conditions, eg price controls or universal service 
obligations, are imposed upon the respective parties, such charges 
shall be cost-orientated, non-discriminatory and fully justified, and 
shall be levied only with the approval of the national regulatory 
authority acting in accordance with Community law. 
4. National regulatory authorities shall notify to the Commission the 
names of those telecommunications organizations in their territory 
which are authorized to interconnect their networks directly with the 
networks of telecommunications organizations in other Member States, 
in order to provide voice telephony services. The Commission shall 
publish these names in the Official Journal of the European 
Communities. 
5. Details of interconnection agreements shall be made available to the 
national regulatory authorities concerned, upon request. The national 
regulatory authorities shall make details of interconnection 
agreements available to the Commission on request. 
- 31 -
Chapter 4 
Tariff and cost accounting principles 
Article 11 
Tariff principles 
National regulatory authorities shall ensure thattariffs for use of the 
public telephone network follow the basic principles of cost orientation 
and transparency, and comply with the provisions given below: 
(a) tariffs for access to and use of the public telephone network shall be 
independent of the type of application which the users implement, 
except to the extent that they require different services or 
facilities; 
(b) tariffs for service features additional to the provision of connection 
to the public telephone network and provision of voice telephone 
service shall, in accordance with Community law, be sufficiently 
unbundled, so that the user is not required to pay for features which 
are not requested; 
(c) tariffs shall normally contain the following elements, each of which 
should be itemized separately for the user: 
an initial subscription charge, for connection to the public 
telephone network and subscription to the telephone service, 
a periodic rental charge, based on the type of service and 
features selected by the user, 
usage dependent charges, which may, inter alia, take account of 
peak periods and off-peak periods. 
Where other tariff elements are employed, these must be transparent 
and based on objective criteria; 
(d) tariffs shall be published in the manner laid down in Article 4; 
- 32 
(e) tariff changes shall only be implemented after an appropriate public 
notice period, set by the national regulatory authority, has been 
observed. 
Article 12 
Cost accounting principles 
1. Member States shall, without prejudice to further specific obligations 
to be established in pursuance of the competition rules of the Treaty, 
ensure that their telecommunications organizations formulate and put 
into practice a cost accounting system suitable for the implementation 
of Article 11, and which as such has been approved by the national 
regulatory authority for application by the telecommunications 
organization. 
2. National regulatory authorities shall ensure that a description of the 
approved cost accounting system is published in accordance with the 
requirements of Article 4. 
3. National regulatory authorities shall ensure that the financial 
accounts of those telecommunications organizations notified in 
accordance with Article 24(2) are audited on an annual basis by an 
independent body, in order to verify compliance of the 
telecommunications organizations' figures with the rules of the 
approved cost accounting system as set forth in this Article. The 
annual summary of accounts published by the telecommunications 
organization shall include a statement by the auditor on compliance of 
the figures with the rules of the approved cost accounting system. 
On publication, the national regulatory authority shall send a copy of 
the published accounts to the Commission. 
4. Details of the full financial accounts shall be made available to the 
national regulatory authority on request and in confidence. The 
national regulatory authority shall make details of the accounts 
available to the Commission on request and in confidence. 
- 33 -
Article 13 
Discounts, low usage schemes and other specific tariff provisions 
1. National regulatory authorities shall ensure that discount schemes can 
be offered to users, subject to supervision by the national regulatory 
authority, in accordance with the competition rules of the Treaty. 
2. National regulatory authorities may agree special tariffs for the 
provision of socially desirable services such as the emergency 
services, or for low-usage users or specific social groups. 
3. National regulatory authorities shall ensure that tariff structures 
allow for reduced-rate night-time and weekend calls within the 
Community. 
4. Special tariffs which are introduced for voice telephony services 
provided in connection with specific projects of limited duration, 
such as pilot trials, shall be subject to prior notification to the 
national regulatory authority. 
Chapter 5 
Other service features 
Article 14 
Itemized billing 
National regulatory authorities shall ensure that targets are set and 
published for the provision of itemized billing in order to allow users to 
check their bills, taking into account the state of network development and 
market demand. 
Itemized billing shall be available to users on request. Subject to the 
level of detail permitted under relevant legislation on the protection of 
personal data and privacy, itemized bills shall be able to show the 
composition of the charges incurred. 
Within this framework, different levels of detail may be offered to users 
at reasonable tariffs. 
- 34 -
Article 15 
Directory services 
Subject to the requirements of relevant legislation on the protection of 
personal data and privacy, national regulatory authorities shall ensure 
that: 
(a) directories of users who subscribe to the voice telephony service are 
made available to users in either printed or electronic form, and are 
updated on a regular basis; 
(b) users have the right to have or not to have an entry in publicly 
available directories, at no additional charge; 
(c) in accordance with Community law, telecommunications organizations 
make directory information concerning the voice telephony service 
available on request, on published terms which are fair, reasonable 
and non-discriminatory. 
Article 16 
Provision of public telephone call-boxes 
National regulatory authorities shall ensure that public telephone call 
boxes are provided to meet the needs of users, in terms of both numbers and 
geographical coverage, and that it is possible to make emergency calls from 
such telephones. 
Article 17 
Telephone pre-payment cards 
1. The Commission shall ensure that standards for a harmonized telephone 
pre-payment card and associated equipment suitable for use in pay-
telephones in all Member States are drawn up by ETSI and/or 
CEN/CENELEC, in order to allow pre-payment cards issued in one Member 
State to be used in other Member States. The standards shall be 
referenced in the Official Journal of the European Communities in 
accordance with Article 5(1) of Directive 90/387/EEC. 
- 35 -
2. National regulatory authorities shall encourage the progressive 
introduction of public pay-telephones conforming to these standards. 
Article 18 
Specific facilities for handicapped users and 
people with special needs 
Notwithstanding the provisions in Article 11, national regulatory 
authorities may draw up specific conditions to aid handicapped users and 
people with special needs in their use of the voice telephony service. 
Article 19 
Specifications for network access, including the socket 
1. The Commission shall request ETSI and/or CEN/CENELEC to study the 
technical and economic feasibility of a harmonized single-line network 
interface suitable for access to and use of the public telephone 
network in all Member States, with a view to further standardization, 
including the socket. Standards for such a harmonized public 
telephone network interface shall be referenced in the Official 
Journal of the European Communities in accordance with Article 5(1) of 
Directive 90/387/EEC. 
2. Where voice telephony service is supplied to users over the ISDN 
network, national regulatory authorities shall ensure that, for 
service provided after 1 January 1994, the new network termination 
point complies with the relevant physical interface specifications, in 
particular those for the socket, referenced in the list of standards 
published in the Official Journal of the European Communities13 on 
29 December 1990. 
13 OJNoC 327, 29.12.1990, p. 19. 
- 36 -
Chapter 6 
Numbering 
Article 20 
Numbering Issues 
1. Member States shall ensure that the control of national telephone 
numbering plans, which in accordance with Community law is the 
responsibility of the national regulatory authority, guarantees that 
numbers and numbering ranges are allocated in a fair, equitable and 
timely manner. The national regulatory authority shall ensure that 
there is no discrimination in the allocation of numbers between 
telecommunications organizations and other service providers. 
2. National regulatory authorities shall ensure that the national 
numbering plan, and all subsequent additions or amendments to it, is 
published, subject to limitations imposed on the grounds of national 
security. 
3. The Commission shall promote the availability of Community-wide 
telephone numbering, which will in particular aim at the features 
listed in Annex 4. 
<*. Within the numbering scheme, a mechanism for the allocation of unique 
individual telephone numbers with pan-European significance shall be 
instituted in accordance with the procedure set out in Article 29. 
Such telephone numbers, to include Green/Freephone numbers and numbers 
for services which use kiosk billing, shall be the same for all 
callers within the Community and shall remain the same wherever the 
owner is located within the Community. 
- 37 -
Chapter 7 
Usage conditions, essential requirements and standards 
Article 21 
Usage conditions and essential requirements 
1. Member States shall ensure that usage conditions which restrict the 
use of public telephone networks or voice telephony services are based 
only on the grounds given in paragraphs 3 to 6, and are imposed with 
the agreement of the national regulatory authority. 
2. National regulatory authorities shall draw up procedures in order to 
decide, on a case-by-case basis and in the shortest possible time 
period, to allow or not to allow telecommunications organizations to 
take measures such as the refusal to provide access to the public 
telephone network, or the interruption or reduction in availability of 
voice telephony service, for reasons of a user's alleged failure to 
comply with the usage conditions. These procedures may also provide 
for the possibility for the national regulatory authority to authorize 
a priori specified measures in case of defined infringements of usage 
conditions. 
The national regulatory authority shall ensure that these procedures 
provide for a transparent decision-making process in which due respect 
is given to 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 be duly justified 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 rights of the parties concerned 
to institute proceedings before the courts. 
The existence of these procedures shall be published in the manner 
laid down in Article 4. 
- 38 -
3. Infringement of special or exclusive rights for voice telephony 
Any usage restrictions placed upon users on the basis of special or 
exclusive rights for voice telephony shall be imposed through 
regulatory means, and not through technical restrictions. 
4. Conditions generally applicable to the connection of terminal 
equipment to the network 
Conditions for connection of terminal equipment to the public 
telephone network shall comply with Directive 91/263/EEC, and shall be 
published in accordance with the requirements of Article 4. 
Where a user's terminal equipment does not or does no longer comply 
with its approval conditions, or where it malfunctions in a way which 
adversely affects other users of the network, or where there is a 
danger of injury to personnel, national regulatory authorities shall 
ensure that the following procedure is followed: 
the provision of service may be interrupted by the 
telecommunications organization until the terminal is 
disconnected from the network termination point; 
the telecommunications organization immediately informs the user 
about the interruption, giving the reasons for the interruption; 
as soon as the user has ensured that the terminal equipment is 
disconnected from the network termination point, the provision of 
service shall be restored. 
"/ 5. Reasons based on essential requirements compatible with Community law 
Without prejudice to Articles 2 and 3 of Directive 90/388/EEC, when 
access to or use of the public telephone network is restricted on the 
basis of essential requirements, national regulatory authorities shall 
ensure that the relevant national provisions identify which of the 
essential requirements (a) to (d) listed below are the basis of such 
restrictions. 
- 39 -
Restrictions imposed on the basis of essential requirements shall be 
published in the manner laid down in Article 4. 
Usage restrictions derived from essential requirements shall be 
imposed through regulatory means, and not through technical 
restrictions. 
Without prejudice to Articles 3(5) and 5(3) of Directive 90/387/EEC, 
the essential requirements as specified in Article 3(2) of Directive 
90/387/EEC apply to the public telephone network and voice telephony 
service in the following manner: 
(a) Security of network operations 
There shall be no restrictions on the use of the public telephone 
network on the grounds of security of network operations except during 
the period when an emergency situation prevails, when a 
telecommunications organization may take the following measures in 
order to safeguard the security of network operations: 
the interruption of the service, 
the limitation of service features, 
- the denial of access to the network for new users. 
An emergency situation in this context means an exceptional case of 
force majeure, such as extreme weather, flood, lightning or fire, 
industrial action or lock-outs, war, military operations or civil 
disorder. In an emergency situation the telecommunications 
organization shall make every endeavour to ensure that service is 
maintained to all users. 
National regulatory authorities shall ensure that telecommunications 
organizations have procedures in place whereby users and the national 
regulatory authority are immediately notified of the beginning and the 
end of the emergency, as well as the nature and extent of temporary 
service restrictions. 
- 40 -
(b) Maintenance of network integrity 
National regulatory authorities shall ensure that restrictions on the 
use of the public telephone network on the grounds of maintenance of 
network integrity, in order to protect network equipment, software, 
stored data or staff, are kept to the minimum necessary to provide for 
normal operation of the network. Restrictions shall be based on 
published, objective criteria, and shall be applied in a non­
discriminatory manner. 
(c) Interoperability of services 
Where the national regulatory authority imposes conditions about 
interoperability of services in contracts relating to interconnection 
of public networks or special network access, these conditions shall 
be published in the manner laid down in Article 4. 
When terminal equipment has been approved and is operating in 
compliance with Directive 91/263/EEC, no further usage restrictions 
shall be imposed on the grounds of interoperability of services. 
(d) Protection of data 
Member States may restrict use of the public telephone network on the 
grounds of protection of data only to the extent necessary to ensure 
compliance with relevant regulatory provisions on the protection of 
data including protection of personal data, the confidentiality of 
information transmitted or stored, and the protection of privacy, 
compatible with Community law. 
6. Non-payment of bills 
National regulatory authorities shall authorize, a priori, specified 
measures, which shall be published in the manner laid down in 
Article 4, to cover non-payment of bills. These measures shall ensure 
that any service interruption is confined to the service concerned, 
and that due warning is given to the user beforehand. 
- 41 -
Article 22 
Technical standards 
1. National regulatory authorities shall ensure that, in the provision of 
the services, facilities and features called for in this Directive, 
reference is made to standards or specifications relevant to the user, 
namely: 
standards published in the Official Journal of the European 
Communities, in accordance with Article 5 of Directive 
90/387/EEC, 
or, in the absence of such standards, 
European standards adopted by ETSI, CEN/CENELEC, or any successor 
thereof 
or, in the absence of such standards, 
international standards or recommendations adopted by the 
International Consultative Committee on Telegraphs and Telephones 
(CCITT), the International Consultative Committee on Radio 
(CCIR), the International Organization for Standardization (ISO) 
or the International Electrotechnical Committee (IEC) 
or, in the absence of such standards, 
- national standards or specifications, 
without prejudice to standards which may be made compulsory under 
Article 5(3) of Directive 90/387/EEC. 
2. Member States shall ensure that standards or specifications for use by 
telecommunications organizations are subject to the requirements of 
Directive 83/189/EEC. 
- 42 -
Chapter 8 
Procedural provisions 
Article 23 
Provisions for Community-wide convergence 
1. Based on the reports provided by the national regulatory authorities 
under Article 24(3) and the information published under Article 4, the 
Commission shall review progress towards convergence of targets and 
implementation of common services and facilities within the Community. 
2. Where the Commission finds that, in relation to the requirements of 
Articles 3 to 21 above, the actions planned or taken or the targets 
agreed by national regulatory authorities are not achieving adequate 
convergence at Community level, amendment of the relevant targets, 
plans or actions may be determined in accordance with the procedure 
set out in Article 29. 
The procedures initiated by the Commission shall take due account of 
the state of network development and market demand in individual 
Member States. 
3. In particular, with regard to those features requiring Europe-wide 
cooperation described in Article 8(2), where commercial agreements 
between telecommunications organizations cannot be reached, conditions 
of interconnection and access may be determined in accordance with the 
procedure set out in Article 29, in order to achieve the provision of 
harmonized features and facilities to users. 
The procedures initiated by the Commission shall take due account of 
the state of network development and market demand in the Community. 
Article 24 
Notification and reporting 
1. Member States shall notify to the Commission their national regulatory 
authority. The national regulatory authority shall be responsible for 
implementing the requirements laid down in this Directive, including 
- 43 -
ensuring the publication of targets, reviewing targets, and monitoring 
performance against those targets. 
2. National regulatory authorities shall notify to the Commission the 
telecommunications organisations who provide public telephone networks 
and voice telephony services in accordance with the provisions of this 
Directive. 
3. National regulatory authorities shall make available to the Commission 
once each calendar year a report covering: 
- the progress made in achieving the targets agreed by the national 
regulatory authority under Articles 5, 8, 13, 14, and 17; 
summary of cases where requests for special network access or 
network interconnection were refused, or where the procedure in 
Article 21(2) was invoked. 
The annual report shall be sent to the Commission within 5 months of 
the end of the year. 
4. National regulatory authorities shall keep available and submit to the 
Commission on request details of individual cases including, the 
measure taken and their justification. 
Article 25 
Conciliation and dispute resolution procedure 
1. Member States shall ensure that, in the event of an unresolved diBpute 
with a telecommunications organization, users, including service 
providers, consumers, or other telecommunications organizations shall 
have a right of appeal to the national regulatory authority or another 
independent body, and that easily accessible procedures are created at 
a national level to settle disputes in a fair, timely and transparent 
manner. 
- 44 -
2. Without prejudice to 
(a) any action that the Commission or any Member State might take 
pursuant to the Treaty, 
(b) the rights of the person invoking the procedure in paragraphs 3 
and 4, of the telecommunications or ganisations concerned or of 
any other person under applicable national law except in so far 
as they enter into an agreement for the resolution of issues 
between them, 
the aggrieved party may, where either the dispute cannot be resolved 
at the national level or it involves telecommunications organizations 
in more than one Member State, invoke the procedure provided for in 
paragraphs 3 and 4 by way of a written notification to the national 
regulatory authority and to the Commission. 
3. Where the national regulatory authority or the Commission finds that 
there is a case for further examination, following a notification 
based on paragraph 2, it can refer the matter to the Chairman of the 
ONP Committee. 
4. In such cases, the Chairman of the ONP Committee shall initiate the 
procedure described below if 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 regulatory 
authorities concerned, and the Chairman of the ONP Committee or 
another official of the Commission appointed by him. The working 
group shall be chaired by the representative of the Commission, 
and shall normally meet within ten days. The chairman of the 
working group may decide upon proposal of any of the members of 
the working group, to invite a maximum of two other persons as 
experts to advise it; 
- 45 -
(b) The working group shall give the party invoking this procedure, 
the national regulatory authorities of the Member States, and the 
telecommunications organizations 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 within three months of the date of receipt of 
the notification referred to in paragraph 2. The Chairman of the 
ONP Committee shall inform that Committee of the results of the 
procedure. 
5. When necessary, and in particular where no agreement can be reached, 
especially with regard to issues relating to Articles 9 and 10, 
measures to resolve the issue may be taken in accordance with the 
procedure set out in Article 29. 
6. The party invoking the procedure shall bear its own costs of 
participating in this procedure. 
Article 26 
Deferment 
1. When a Member State is not able to or can foresee that it will not be 
able to fulfil certain requirements of this Directive, it shall notify 
the Commission of the reasons. 
2. Deferment of the obligations can only be accepted in cases where the 
Member State concerned can prove that the actual state of development 
of itB public telephone network or the conditions of demand are such 
that the obligations would impose an excessive burden. 
3. 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. 
- 46 -
4. Whan the Commission judges that the proposed deferment is justified 
because of the particular situation of the Member State concerned, it 
shall confirm the date and measures proposed under paragraph 3. 
Article 27 
Technical adjustment 
Modifications necessary to adapt the technical provisions of this Directive 
to new technological developments or to changes in market demand shall be 
determined in accordance with the procedure set out in Article 29. 
Article 28 
Committee 
The Commission shall be assisted by the committee created by Article 9(1) 
of Directive 90/387/EEC. 
The Commission shall where necessary inform the Committee of the outcome of 
consultations with the representatives of the telecommunications 
organizations, the users, the consumers, the manufacturers, the service 
providers and trade unions. 
Article 29 
Committee procedure 
The representative of the Commission shall submit to the committee a draft 
of the measures to be taken. The committee shall deliver its opinion on 
the draft, within a time limit which the chairman may lay down according to 
the urgency of the matter, if necessary by taking a vote. 
The opinion shall be recorded in the minutes; in addition, each Member 
State shall have the right to ask to have its position recorded in the 
minutes. 
The Commission shall take the utmost account of the opinion delivered by 
the committee. It shall inform the committee of the manner in which its 
opinion has been taken into account. 
- 47 -
Chapter 9 
Final provisions 
Article 30 
Review 
On the basis of the results of the implementation of this Directive up to 
1 January 1995, the Commission will review whether its provisions need to 
be amended. 
Article 31 
Implementation of the Directive 
1. Member States shall take the measures necessary to comply with this 
Directive before 1 January 1994. They shall immediately inform the 
Commission thereof. 
When Member States adopt these measures, these shall contain a 
reference to this Directive or shall be accompanied by such reference 
at the time of their official publication. The procedure for such 
reference shall be adopted by Member States. 
2. Member States shall communicate to the Commission the main provisions 
of national law which they adopt in the field covered by this 
Directive. 
Article 32 
Addressees 
This Directive is addressed to the Member States. 
Done at Brussels, For the Council 
The President 
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ANNEX 1 HEADINGS FOR INFORMATION TO BE PUBLISHED 
in accordance with Article 4 
1. Name(B) and address(es) of telecommunications organization^) 
i.e. name(s) and head office address(es) of the telecommunications 
organisation^) providing public telephone networks and/or voice 
telephony services 
2. Telecommunications services offered 
2.1. Types of connection to the public telephone network 
Technical characteristics of interfaces at commonly provided network 
termination points are required, including reference to national 
and/or international standards or recommendations, in accordance with 
Article 22: 
- for analogue and/or digitally presented networks; 
(a) single line interface 
(b) multiline interface 
(c) direct dialling in (DDI) interface 
(d) other interfaces commonly provided 
for ISDN; 
(a) specification of basic and primary rate interfaces at the 
S/T reference points, including the signalling protocol 
(b) details of bearer services able to carry voice telephony 
services 
(c) other interfaces commonly provided 
and any other interfaces commonly provided. 
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In addition to the above information to be published on a regular 
basis as described in Article 4, telecommunications organizations 
should also publish, without undue delay, any particular network 
characteristics which are found to affect the correct operation of 
approved terminal equipment. 
2.2 Telephone services offered 
Description of the basic voice telephony service offered, indicating 
what is included in the subscription charge and the periodic rental 
charge (e.g. operator services, directories, maintenance) 
Description of optional facilities and features of the voice telephony 
service which are tariffed separately from the basic offering, 
including reference to the relevant technical standards or 
specifications to which they conform, in accordance with Article 22 
2.3 Tariffs 
covering access, usage, maintenance, and including details of discount 
schemes 
2.4 Compensation/refund policy 
including specific details of the compensation/refund schemes offered 
2.5 Level(s) of maintenance service offered 
2.6 Ordering procedure 
including designated contact points within the telecommunications 
organization 
2.7 Standard contracts 
including any minimum contractual period, if relevant 
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3. Information on licensing requirements for users 
This shall include a clear description of all licensing conditions 
which have an impact on users, including service providers, detailing 
at least: 
information on the character of the licensing conditions, in 
particular whether registration and/or authorization is required 
on an individual basis, or whether the licence is of a general 
nature which does not require individual registration and/or 
authorisation; 
the duration of any relevant licences or authorizations; 
a list referring to all documents containing relevant licensing 
conditions which the Member State imposes. 
4. Conditions for attachment 
- of voice and non-voice terminal equipment as ap proved by the national 
regulatory authority, subject to the provisions of Council Directive 
91/263/EEC, including, where appropriate, conditions concerning 
customer premises wiring and location of the network termination point 
5. Usage restrictions 
in accordance with the requirements of Article 21 
6. Performance and quality of service parameters 
Definitions, measurements methods, targets and achieved performance 
figures, in accordance with the requirements of Article 5 
7. Targets for the introduction of new services, features, facilities and 
tariffs 
in accordance with the requirements of Articles 5, 8, 13, 14, and 17 
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8. Notice periods for the withdrawal of existing services, features, 
facilities or tariffs 
in accordance with the requirements of Articles 6 and 11 
9. Description of the approved cost accounting system 
showing the main categories under which costs are gathered (e.g. 
equipment, personnel, buildings, etc.), and the rules used for the 
allocation of costs to the voice telephony service, in accordance with 
the requirements of Article 12 
10. The national numbering plan 
in accordance with the requirements of Article 20 
11. Terms for the use of directory information 
in accordance with Article 15 
12. Conciliation and dispute resolution procedure 
guidelines for users on the appeal mechanisms available for resolving 
disputes with telecommunications organizations, including details of 
the procedure described in Article 25 
13. Procedure in the event of non-payment of bills 
in accordance with the requirements of Article 21(6) 
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ANNEX 2 SUPPLY TIME AND QUALITY OF SERVICE INDICATORS 
in accordance with the requirements of Article 5 
1. The following list indicates areas where quality of service indicators 
are required, under Article 5: 
supply time for initial network connection; 
fault rate per connection; 
- fault repair time; 
call failure rates for national, intra-Community and extra-
Community calls; 
- dial tone delay; 
- call set up delay; 
- transmission quality statistics; 
response times for operator services; 
- availability of coin and card-operated telephones in public 
telephones boxes; 
- billing accuracy, 
2. In accordance with Article 5, definitions and measurement methods must 
be published, with reference to the hierarchy of standards given in 
Article 22. Where appropriate, the Commission will request ETSI to 
draw up European standards for common definitions and measurement 
methods. 
- 53 -
ANNEX 3 MINIMUM SET OF ADVANCED FACILITIES AND FEATURES TO BE PROVIDED 
in accordance with Article 8 
1. List of features and facilities referred to in Article 8(1): 
(a) DTMF (dual tone multi frequency) operation 
i.e. the public telephone network supports the use of DTMF 
telephones for signalling to the exchange, using tones as defined 
in CCITT Recommendation Q.23, and supports the same tones for 
end-to-end signalling through the network, both within a Member 
State and between Member States 
(b) Direct dialling in 
(or facilities offering equivalent functionality) 
i.e. users on a private branch exchange (PBX) or similar private 
system can be called directly from the public telephone network, 
without intervention of the PBX attendant 
(c) Call transfer 
i.e. transfer of an established call to a third party in the same 
or another Member State 
(d) Call forwarding 
i.e. incoming calls sent to another destination in the same or 
another Member State (e.g. on no reply, on busy, or 
unconditionally) 
This facility should be provided in accordance with relevant 
legislation on data protection and privacy. 
2. List of services, facilities and features requiring European-wide 
cooperation referred to in Article 8(2) 
- 54 -
(a) European wide access to green/freephone services 
Such services, variously known as green numbers, freephone 
services, 0800 numbers etc, include dial-up services where the 
caller pays either nothing for the call, or only part of the 
total cost of the call. 
(b) European wide kiosk billing 
Kiosk billing means a facility whereby charges for the use of a 
service accessed through a telecommunications organizations' 
network are combined with the network call charges ('premium rate 
service*). 
(c) Automatic reverse charging service feature 
for calls which are terminated and originated within the 
Community 
i.e. prior to the call being connected, the called party, at the 
caller's request, agrees to accept the cost of the call. 
(d) Calling line identification 
i.e. the calling party's number is presented to the called party 
prior to the call being established. 
This facility should be provided in accordance with relevant 
legislation on data protection and privacy. 
(e) Access to operator services in other Member States 
i.e. users in one Member State can call the operator/assistance 
service in another Member State. 
(f) Access to directory enquiry services in other Member States 
i.e. users in one Member State can call the directory enquiry 
service in another Member State. 
- 55 -
ANNEX 4 TARGET SET OF FEATURES FOR COMMUNITY-WIDE NUMBERING 
in accordance with Article 20 
The following are priorities to be considered under Article 20: 
standard prefix 00 for international calls*; 
- a European area code (i.e. a single European country code), to 
facilitate the introduction of Community-wide access codes for 
trans-European services**, in particular for: 
directory enquiries; 
green/freephone (called party pays all) and shared cost 
calls (caller pays only local call charges); 
value-added services which use kiosk billing; 
global number portability. 
* OJ No L 137, 20.5.1992, p. 21. 
** COM(92) 344, 24.7.1992. 

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ISSN 0254-1475 
COM (92) 247 final 
DOCUMENTS 
EN 15 
Catalogue number: CB-CO-92-195-EN-C 
ISBN 92-77-438444 
Office for Official Publications of the European Communities 
Lr2985 Luxembourg