No C 39/8 Official Journal of the European Communities 16. 2. 89 
Proposal for a Council Directive on the establishment of the internal market for telecommuni­
cations services through the implementation of open network provision (ONP) 
COM(88) 825 final — SYN 187 
(Submitted by the Commission on 5 January 1989) 
(89/C 39/08) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100a 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
1. Whereas Article 8a of the Treaty stipulates that the 
internal market shall comprise an area without 
internal frontiers in which the free movement of 
services is ensured, in accordance with the other 
provisions of the Treaty; 
2. Whereas the Commission has submitted a Green 
Paper on the Development of the Common Market 
for Telecommunications Services and Equipment 
(COM(87) 290), dated 30 June 1987, and a 
communication on the implementation of the Green 
Paper up to 1992 (COM(88) 48), dated 9 February 
1988; 
3. Whereas the Council adopted on 30 June 1988 a 
resolution on the development of the common 
market for telecommunications services and 
equipment up to 1992 ('); 
4. Whereas the Commission has issued a directive on 
competition in the markets in telecommunications 
services; 7. Whereas the conditions of open network provision 
must be consistent with certain principles and should 
not restrict access to networks and services except 
for reasons of general public interest, hereinafter 
referred to as 'essential requirements'; 
8. Whereas the definition and interpretation of such 
principles and essential requirements must take full 
account of the fact that any restrictions of the right 
to provide services within and between Member 
States must be objectively justified, must follow the 
principle of proportionality and must not be 
.excessive in relation to the aim pursued; 
Whereas the working-out in detail of harmonized 
conditions of open network provision must be a 
progressive process and should be prepared in 
consultation with the Member States, the telecom­
munications administrations and the other parties 
concerned, and in particular with the assistance of 
the Senior Officials Group on Telecommunications 
(SOG-T); 
10. Whereas the definition of harmonized conditions for 
open network provision must be a process open to 
all parties concerned and therefore sufficient time 
should be given for public comment; 
11. Whereas the Community-wide definition of 
harmonized technical interfaces and access 
conditions must be based on the definition of 
common technical specifications based on interna­
tional standards and specifications; 
5. Whereas, given the obstacles resulting from 
diverging laws, regulations, or administrative actions 
in the Member States, the full establishment of a 
Community-wide market in telecommunications 
services can only be achieved by the rapid intro­
duction of harmonized principles and conditions for 
open network provision (ONP), in order to avoid a 
series of contentious cases and lengthy conflict, in 
particular for transfrontier provision of services; 
6. Whereas, since situations differ, and technical and 
administrative constraints exist in the Member 
States, progress towards this objective should be 
made in stages; 
O OJ No C 257, 4. 10. 1988, p. 1. 12. Whereas work in this area must take full account, 
inter alia, of the framework provided by Council 
Directive 83/189/EEC laying down a procedure for 
the provision of information in the field of technical 
standards and regulations, Council Directive 
86/361 /EEC on the initial stage of the mutual 
recognition of type approval for telecommunications 
terminal equipment and Council Decision 
87/95/EEC on standardization in the field of infor­
mation technology and telecommunications; 
13. Whereas for formal adoption of the statutes of the 
European Telecommunications Standards Institute 
(ETSI) on 12 February 1988, and of the associated 
internal rules, has created a new mechanism for 
producing European telecommunications standards; 
16. 2. 89 Official Journal of the European Communities ^oC^B^ 
1^. whereas the general guidelines agreed with the]oint 
European standards Institution CEc^C^enelec 
henceforth make it possihle to entrust specialized 
technical harmonization work to this hody^ 
1^. whereas the Community^wide definition and 
implementation of clearharmonized networktermi 
nation points estahlishin^ the physical interface 
hetween the network infrastructure and users^ and 
other service providers^ equipment will he an 
essential element of the overall concept of open 
network provisions 
ID. whereas Commission Directive ^B^OtBEEC^ on 
competition in the markets in telecommunications 
terminal equipments squires ^viemher states to 
ensure that users who so request shall he ^iven 
access to puhlic network terminationpointswithina 
reasonahle time periods 
t^. whereas the principal aim of the estahlishment of an 
internalmarket in telecommunications servicesmust 
he the freedom to provide services in the whole of 
the Communityonceauthorizedorle^ally provided 
ina^iemher^tate^ 
t^. whereas this willrequirethe mutual recognition of 
licensing procedures for services provision where 
such authorization may he required^ 
t^. whereas such mutual recognition of licensing 
procedures required must depend on progress on the 
harmonization of the conditions for service 
provision, hy the progressive implementation of open 
network provisions 
^0. whereas in its resolution of ^0 ]une t^^ on the 
development of the common market for telecommu 
nications services and equipment up to 1^^ the 
Councilconsideredthetakin^ fully into account of 
the external aspects of Community measures on tele^ 
communications to heama^or policy ^oal^ 
^1. whereas in accordance with the Council Decision of 
^^ovemhert^^, the ^viemher states have accom 
paniedtheirsi^natureofthe Pinal Acts of the^orld 
Administrativefele^raphandlelephone Conference 
^AffC^^hyaioint declaration stating that they 
will apply the International Telecommunications 
Regulations in accordance with their ohli^ations 
under the EECTreaty^ 
^. whereas theCommunityattachesmaior importance 
to the continued growth of crosshorder telecommu 
nications services,to the contrihutionof telecommu^ 
nications services provided hy companies, firms or 
natural persons estahlishedina^iemher^tate of the 
community to the growth of the Community 
market, and to the increased participation of 
Community service providers in third country markets^ whereas it will therefore he necessary, as 
detailed directives are elahorated, to ensure that 
these ohiectives are taken into account with a view 
to reaching asituation where the realization of the 
more open community market for telecommuni 
cations services will, where appropriate, he accom 
paniedhy reciprocal market opening elsewhere^ 
whereas this can he achieved either in the 
frameworkof multilateralne^otiations, inparticular 
in the (GATT,or through hilateral negotiations^ 
^. whereas this Directive should not address the 
prohlems of mass media, meanin^hroadcastin^ and 
distribution of television programmes via telecommu 
nications means, in particular cahle television 
networks, which need special considerations 
^. whereas this Directive should not address communi 
cation via satellite for which, according to the 
Council resolution of ^0 ]une 1^^, a common 
position should he worked out^ 
^. whereas the estahlishment of harmonized technical 
conditions, usa^e conditions and tariff principles 
under open network provision according to this 
Directive addresses with priority puhlic telecommu 
nications networks and puhlic telecommunications 
services for which telecommunications adminis 
trations are in law or in fact the sole or main 
providers^ 
^D. whereas the effects on the workin^of the internal 
market of any remaining conditions for access to 
telecommunications services which have not heen 
harmonized shouldhereviewed hy theC^ouncil and 
the Commission during t^^, taking account of 
technological development, 
^^5^o^rr^or^L5 0^^crtv^ 
This Directive provides for the harmonization of 
conditions for open access to, and open use of, the 
puhlic telecommunications network infrastructure and 
puhlic telecommunications services. 
These conditions will apply in particular also for the 
provisionof services via these telecommunications means 
within and hetween ^viemher states, including in 
particular the provision of services hy companies, firms 
ornatu^alpersons estahlished ina ^viemher ^tateof the 
Community other than that of the company, firm or 
natural person for whom the services are intended, in 
order to estahlish a common market for telecommuni 
(') OJ No L 131, 27. 5. 1988, p. 73. cations services. 
No C 39/10 Official Journal of the European Communities 16. 2. 89 
Article 2 
For the purposes of this Directive: 
1. 'Telecommunications organizations' means the adminis­
trations or private operating agencies recognized in 
the Community, providing public telecommunications 
networks and/or public telecommunications services. 
The bodies listed in Annex 1 fulfil these criteria. 
2. 'Public network' means' a public telecommunications 
infrastructure which provides for the transmission of 
services between and including defined termination 
points, be it by wire, radio link, or any other electro­
magnetic or optical means. 
3. 'Public network termination point' means the physical 
connection and technical access specifications 
required to gain access to, and to communicate effi­
ciently via, a public network. 
4. 'Open network provision conditions' means the 
conditions harmonized according to the provisions set 
forth in this Directive which may be imposed on users 
and/or providers of services for access to and use of 
the public network and/or public telecommunications 
services (hereinafter referred to as 'ONP conditions'). 
ONP can include in particular harmonized conditions 
with regard to: 
— technical interfaces, including the definition and 
implementation of public network termination 
points, where required, 
— usage conditions, including access to frequencies 
where required, 
— tariff principles. 
ONP conditions will apply to the areas defined 
according to Article 4. ONP conditions will apply to 
access or use of those public telecommunications 
networks and public telecommunications services for 
which the telecommunications organizations defined 
under 1 are in law or in fact the sole or main 
providers either singly or jointly. 
For specific areas, where other service providers are 
of comparable importance, the Council, acting by a 
qualified majority on a proposal from the 
Commission, shall supplement as necessary the bodies 
listed under 1. 
5. 'Essential requirements' means requirements of a 
non-economic nature which, for reasons of general 
public interest, can be considered of such importance 
as to necessitate compliance as a matter of legal obli­gation for gaining access to, and using public tele­
communications networks and services, within the 
framework of Community law. 
6. 'Technical specifications', 'standards' and 'terminal 
equipment' are given the same meaning as in Article 2 
of Directive 86/361/EEC on the initial stage of the 
mutual recognition of type approval for telecommuni­
cations terminal equipment. 
Article 3 
1. ONP conditions must comply with a number of 
basic principles. These principles are that: 
— conditions must be based on objective criteria, 
— conditions must be transparent, and published in an 
appropriate manner, 
— conditions must guarantee equality of access, and 
must be nondiscriminatory, in accordance with 
Community law. 
2. ONP conditions must be based on essential 
requirements, within the framework of Community law. 
These essential requirements are: 
— security of network operations, 
— maintenance of network integrity, 
— interoperability of services, in justified cases, 
— protection of data, in justified cases, 
— the essential requirements in general applicable to the 
connection of terminal equipment to the network. 
3. ONP conditions must not allow for any additional 
restrictions on the use of the public network and/or 
public services except those which may be derived from 
the exercise of exclusive or special rights granted by 
Member States, and are compatible with Community 
law. 
4. The Council, acting by a qualified majority on a 
proposal from the Commission shall supplement as 
necessary the lists drawn up under 1 and 2. 
Article 4 
1. ONP conditions shall be defined in stages, in 
accordance with the procedure set out hereafter. 
2. ONP conditions shall concern the areas listed in 
Annex 2. 
The Council, acting by a qualified majority on a 
proposal from the Commission, shall supplement as 
necessary this list. 
3. The priority areas for which ONP conditions shall 
be drawn up initially are listed in Annex 3. 
16. 2. 89 Official Journal of the European Communities No C 39/11 
The Commission shall draw up each year, after 
consulting the Committee referred in Article 9, an 
updated list of priority areas. 
4. For the priority areas chosen, the Commission 
shall: 
(1) carry out a detailed analysis, in consultation with the 
Committee referred to in Article 9, according to 
defined time schedules, and establish reports on the 
results of this analysis; 
(2) request, on the basis of the reports on this analysis, 
taking into consideration the comments received 
during the public comment period according to 
Article 5 (1), and with due regard to the general 
programme of standardization in the information 
technology sector, the European Telecommuni­
cations Standards Institute (ETSI) to draw up 
European standards, taking account, as appropriate, 
of international standardization as a basis for 
harmonized technical interfaces and/or service 
features where required, within specified time limits; 
in so doing, it shall coordinate, in particular, with 
the Joint European Standards Institution 
CEN—Cenelec; 
(3) draw up ONP conditions in accordance with the 
elements listed in the ONP reference framework in 
Annex 4, based on the general principles and 
requirements set out in Article 3. 
Article 5 
1. The Commission shall invite, by publication in the 
Official Journal of the European Communities, public 
comment by all parties concerned on the reports estab­
lished according to Article 4 (4) (1). The period for 
public comment will be no less than three months from 
the date of publication. 
2. Reference to European standards drawn up as a 
basis for harmonized technical interfaces and/or service 
features for ONP according to Article 4 (4) (2) shall be 
published in the Official Journal of the European 
Communities. 
Article 6 
Following the completion of the procedures set forth in 
Articles 4 and 5, and acting by a qualified majority on 
the proposal from the Commission, the Council shall 
adopt detailed directives for the establishment of ONP 
conditions for each area which shall include: 
— a time schedule for the implementation of 
harmonized technical interfaces and/or service 
features where required, including the implemen­
tation of harmonized public network termination 
points, as appropriate, 
— details of harmonized usage conditions, — details of harmonized tariff principles, 
and any other aspects of relevance. 
Article 7 
1. Depending on the progress of harmonization of 
conditions through the establishment of ONP according 
to the procedures set out under Articles 4, 5 and 6, the 
Council acting by qualified majority on a proposal from 
the Commission shall adopt measures specifying the 
conditions under which the mutual recognition of 
declaration and/or licensing procedures for the provision 
of services via public networks shall be ensured where 
such declaration or licence is required by Member States. 
The measures shall eliminate any requirement for 
additional declaration or licensing in other Member 
States, once a service is legally produced in a Member 
State. 
2. Towards this end, the Council acting by a qualified 
majority on a proposal by the Commission shall adopt 
measures for harmonizing declaration and/or licensing 
procedures, where required. 
3. In accordance with Article 8c of the Treaty, these 
proposals may take into account, to the extent required 
up to the end of 1992, the effort that certain economies, 
showing differences in development of these services, 
will have to sustain during the establishment of the 
harmonized conditions and declaration and/or licensing 
schemes referred to under 1 and 2. 
Article 8 
During 1992, the Council, on the basis of a report by the 
Commission, shall review the effect on the working of 
the internal market of any remaining conditions for 
access to telecommunications services which have not 
been harmonized, taking account of technological devel­
opment and in accordance with the general procedure 
foreseen under Article 100b of the Treaty. 
Article 9 
1. The Commission shall be assisted by a committee 
of an advisory nature composed of the representatives of 
the Member States and chaired by the representative of 
the Commission. This committee shall be the Senior 
Officials Group on Telecommunications (SOG-T). 
2. 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, 
No C 39/12 Official Journal of the European Communities 16. 2. 89 
within a time limit which the chairman may lay down 
according to the urgency of the matter, if necessary by 
taking a vote. 
3. 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. 
4. 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. Article 10 
1. Member States shall bring into force the laws regu­
lations and administrative provisions necessary in order 
to comply with this Directive by ... at the latest. They 
shall forthwith inform the Commission thereof. 
2. Member States shall ensure that the texts of the 
provisions of national law which they adopt in the field 
governed by this Directive are communicated to the 
Commission. 
Article 11 
This Directive is addressed to the Member States. 
ANNEX 1 
Bodies fulfilling the criteria of Article 2(1) 
Belgium 
Regie des Telegraphes et des Telephones / Regie 
van Telegrafie en Telefonie 
Denmark 
Kebenhavns Telefon Aktieselskab 
Jydsk Telefon 
Fyns Kommunale Telefonselskab 
Post- og Telegrafvaesenet 
Statens Teletjeneste 
Federal Republic of Germany 
Deutsche Bundespost 
France 
Direction Generate des Telecommunications 
(France Telecom) and Transpac 
Greece 
Ote / Hellenic Telecommunications Organization 
Ireland 
Telecom Eireann Italy 
Amministrazione delle Poste e delle Telecomuni-
cazioni 
Azienda di Stato per i Servizi Telefonici 
Societa Italiana per l'Esercizio Telefonico SpA 
Italcable 
Telespazio SpA 
Luxembourg 
Administration des Postes et des Telecommuni­
cations 
The Netherlands 
Post, Telegraaf en Telefoon 
Portugal 
Correios e Telecomunicacoes de Portugal 
Telefones de Lisboa e Porto 
Companhia Portuguesa Radio Marconi 
Spain 
Compania Telefonica Nacional de Espana 
United Kingdom 
British Telecommunications pic 
Mercury Communications Ltd 
City of Kingston-Upon-Hull 
16. 2. 89 Official Journal of the European Communities No C 39/13 
ANNEX 2 
Areas for which open network conditions are to be drawn up in accordance with Article 4 (2) 
ONP conditions shall be drawn up progressively for the following areas: 
Access to network resources: 
— leased lines, 
— new types of access to the local network infrastructure, such as access, under certain conditions, to the 
circuits connecting subscriber premises to the public network, exchange, without disruption to the basic 
service for which this connection may be provided (e.g. telephony, telex), 
— ISDN (Integrated Services Digital Network) network resources, 
— broadband network resources, according to progress on definition and technological development. 
Access to basic switched services intended for general public use: 
— voice telephony service, 
— telex service, 
— circuit switched public data services, 
— packet switched public data services, 
— ISDN (Integrated Services Digital Network) services, as applicable, 
— mobile services, as applicable, 
— broadband services, as applicable and according to progress on definition and technological devel­
opment. 
ANNEX 3 
Priority areas for which ONP conditions shall be drawn up initially in accordance with Article 4 (3) 
Access to: 
— leased lines, 
— packet switched public data services, 
— ISDN network resources and services, as applicable. 
ANNEX 4 
Reference framework for the elaboration of ONP conditions in accordance with Article 4 (4) (3) 
The elaboration of ONP conditions should proceed according to the following reference framework: 
1. Definition of harmonized technical interfaces and service features 
For ONP conditions the following scheme should be taken into account for the definition of technical 
interfaces at appropriate termination points: 
— for existing services, existing interfaces should be adopted. Enhancement of such interfaces may be 
considered for additional capabilities, 
No C 39/14 Official Journal of the European Communities 16. 2. 89 
— for entirely new services existing interfaces should also be adopted, as far as applicable. When 
existing interfaces are not suitable, enhancements, or new interfaces, will have to be specified, 
— for services and networks that are yet to be introduced, but for which the standardization 
programme has already commenced, ONP requirements should be taken into account when 
specifying new interfaces. 
ONP requirements must be, wherever possible, in line with the on-going work on CCITT and CEPT 
recommendations. 
Work in this area shall take full account of the framework given by Council Directive 83/189/EEC 
laying down a procedure for the provision of information in the field of technical standards and regu­
lations, Council Directive 86/361/EEC on the initial stage of the mutual recognition of type approval 
for telecommunications terminal equipment and Council Decision 87/95/EEC on standardization in the 
field of information technology and telecommunications. 
Work shall include the full definition of network termination points where required and not covered 
under appropriate procedures elsewhere. 
ONP offerings shall in general present increased versatility compared with existing offerings. Corre­
spondingly, additional features should be identified where required. 
Under ONP such additional features may be classified as: 
— inclusive if they are provided in association with a specific interface and included in the standard 
offering, 
— optional if they can be requested as an option with regard to a specific ONP offering, subject to an 
additional tariff. 
Work shall include the elaboration of proposals for time schedules for introduction of interfaces and 
service features, taking account of the environment of telecommunications networks and services in the 
Community. 
2. Definition of harmonized usage conditions 
Usage conditions shall identify conditions of access and of supply, as far as required. 
They may include in particular the following attributes as applicable: 
— maximum provision time (delivery period), 
— minimum contractual period, 
— quality of service, including, as applicable: 
— availability, 
— mean time to repair, 
— transmission quality, 
— maintenance and fault reporting, including, as applicable: 
— access to network maintenance facilities, 
— access to network diagnostic facilities, 
— access to network fault reporting facilities, 
— conditions for resale of capacity, 
— conditions for shared use, 
— conditions for third party use, 
— conditions for interconnection with public and private networks. 
Usage conditions may include conditions regarding access to frequencies, as applicable, and measures 
concerning protection of personal data and confidentiality of transactions, where required. 
3. Definition of harmonized tariff'principles 
Fair and open access of users and competitive service providers to network resources and services 
requires a clear definition of tariff principles. Tariff principles must be guided by the general principles 
applying to ONP: 
16. 2. 89 Official Journal of the European Communities No C 39/15 
— tariffs must be based on objective criteria and must not impose directly or indirectly unfair purchase 
or selling prices. They must be, in particular, cost-oriented, 
— tariffs must be transparent and must be properly published. With regard to service elements, tariffs 
must be sufficiently unbundled, in order to avoid obligations and charges for users, which have no 
connection with the subject of the uses sought. In particular, specific network or service features 
should be charged independently of the charge for transmission via the network (bearer capability), 
— tariffs must be non-discriminatory and guarantee equality of treatment. 
Specific charges for access to network resources or services must be justified on the basis of objective 
criteria, based on, inter alia, fair sharing in the global cost of the resources used. 
4. Common principles 
The definition of harmonized usage conditions and tariff principles under 2 and 3 will take due account 
of the applicable competition rules of the Treaty.