REVISED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE ESTABLISHMENT OF THE INTERNAL MARKET FOR TELECOMMUNICATIONS SERVICES THROUGH THE IMPLEMENTATION OF OPEN NETWORK PROVISION ( O N P )
Date: 1989-08-10
Institutions: European Commission
Subjects: advisory committee (EU), comitology, harmonisation of standards, telecommunications, transmission network

OMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC89)  325 

f i n al 

-  SYN  187 

B r u s s e l s,  10  August  1989 

REVISED  PROPOSAL 

FOR A COUNCIL DIRECTIVE 

ON THE ESTABLISHMENT OF THE INTERNAL MARKET 

FOR TELECOMMUNICATIONS  SERVICES 

THROUGH THE IMPLEMENTATION  OF 

OPEN NETWORK PROVISION  (O N P) 

(presented by the Commission) 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

1 

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 co-operation with the European Parliament2; 

Having regard to the opinion of the  Economic and Social Committee3; 

1. 

2. 

3. 

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; 

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; 

Whereas the Council has adopted on 30 June 1988 a Resolution on the 
development of the  common market for telecommunications services and 
equipment up to 19924; 

O.J. C 39 of 16.02.1989, p. 8. 

Opinion of 26.05.1989 (not yet published in the Official  Journal). 

O.J. C 159 of 26.06.1989, p. 37. 

O.J. C 257 of 04.10.1988, p. 1. 

4. 

5. 

6. 

7. 

8. 

9. 

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 introduction of harmonized principles and conditions for Open Network 
Provision, in order to avoid a series of contentious cases and lengthy conflict, in 
particular for transfrontier provision of services; 

Whereas, since situations differ and technical and administrative constraints exist in 
the Member States, progress towards this objective should be made in stages; 

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'; 

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 conditions of Open Network Provision must not allow for any additional 
restrictions on the use of the public telecommunications network and/or public 
telecommunications 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; 

Whereas the creation of an open common market in telecommunications services and 
equipment is compatible with continued exclusive or special rights of 
telecommunications organizations as regards the supply and the operation of the 
network infrastructure and the provision of a limited number of basic services where 
such exclusive provision is deemed essential at this stage, for safeguarding the public 
service role; 

10.  Wliereas this applies in particular to the provision of voice telephony; 

11.  Whereas special consideration will also need to be given to the provision of the telex 

service, the packet- and circuit-switched data services and in particular the simple resale 
of capacity for the transmission of data; 

12.  Whereas the simple resale of capacity consists of the commercial provision on leased 
lines for the general public of data transmission as a separate service, including only 
such switching, processing, storing of data, or protocol conversion, as is necessary for 
transmission in real-time, to and from the public switched network; 

13.  Whereas the arguments in favour of continued exclusive or special rights,  where they 

exist, must be weighed carefully against the obligations of the telecommunications 
organizations which will be retained but also against the restrictions which this may 
impose on those connected to the network concerning present and future application for 
their own use, shared use or provision to third parties; 

14.  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 Telecommunications organizations and the other 
parties concerned, and in particular with the assistance of an advisory committee, 
which consults the representatives of the telecommunications organizations, the users, 
the consumers, the manufacturers and the service providers; 

15.  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; 

16.  Whereas the Community-wide definition of harmonized technical interfaces and 
access conditions must be based on the definition of common technical 
specifications based on international standards and specifications; 

17.  Whereas work in this area must take full account, inter alia, of the framework 

provided by 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 
regulations5, as amended by Directive 88/182/EEC6, Council Directive 
86/361/EEC of 24  July 1986 on the initial stage of the  mutual recognition of type 
approval for telecommunications terminal equipment7 and other relevant 
Community legislation and Council Decision 87/95/EEC of 22  December  1986 on 
standardization in the field of information technology and telecommunications8; 

18.  Whereas the 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; 

19.  Whereas the  Council in its Resolution of 27 April 19899 has  supported the  work of 

ETSI and invited the  Commission to contribute to the  coherent development of ETSI 

and  lend it Us support, in particular in the programme of work related to the 

Community *s telecommunications policy; 

20.  Whereas the general guide-lines agreed with the Joint European Standards 

Institution CEN/CENELEC henceforth make it possible to entrust specialized 
technical harmonization work to this body; 

O.J. L 109 of 26.04.1983, p. 8. 

O.J. L 81 of 26.03.1988, p. 75. 

O.J. L 217 of 05.08.1986, p. 21. 

O.J. L 36 of 07.02.1987, p. 31. 

O.J. C 117 of 11.05.1989, p. 1. 

21.  Whereas the Community-wide definition and implementation of clear harmonized 
network termination points establishing the physical interface between the network 
infrastructure and users' and other service providers' equipment will be an essential 
element of the overall concept of Open Network Provision; 

22.  Whereas Commission Directive 88/301/EEC of 16 May 1988 on competition in the 

markets of telecommunications terminal equipment10 requires Member States to 
ensure that users who so request shall be given access to network termination 
points within a reasonable time period; 

23.  Whereas the principal aim of the establishment of an internal market in 

telecommunications services must be the freedom to provide services in the whole 
of the Community once authorized or legally provided in a Member State; 

24.  Whereas this will require the mutual recognition of licensing procedures for 

services provision where such authorization may be required; 

25.  Whereas such mutual recognition of licensing procedures required must depend on 
progress on the harmonization of the conditions for service provision, by the 
progressive implementation of Open Network Provision; 

26.  Whereas in its Resolution of 30 June 1988 on the development of the common 
market for telecommunications services and equipment up to 1992 the Council 
considered the taking fully into account of the external aspects of Community 
measures on telecommunications to be a major policy goal; 

27.  Whereas in accordance with the Council Decision of 28 November 1988, the 

Member States have accompanied their signature of the Final Acts of the World 
Administrative Telegraph and Telephone Conference ( WATTC-88) by a joint 
declaration stating that they will apply the International Telecommunications 
Regulations in accordance with their obligations under the EEC Treaty; 

10 

O.J.  L  131  of  27.05.1988,  p.  73. 

28.  Whereas the Community attaches major importance to the continued growth of 

cross-border telecommunications services, to the contribution of 
telecommunications services provided by companies, firms or natural persons 
established in a Member State 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 be necessary, as detailed Directives are 
elaborated, to ensure that these objectives are taken into account with a view to 
reaching a situation where the realization of the more open Community market for 
telecommunications services will, where appropriate, be accompanied by reciprocal 
market opening elsewhere; 

Whereas this can be achieved preferably through multilateral negotiations in the 
framework of GATT, or through bilateral negotiations between the Community and 
third countries; 

29.  Whereas this Directive should not address the problems of mass media, meaning 

broadcasting and distribution of television programmes via telecommunications 
means, in particular cable television networks, which need special consideration; 

30.  Whereas this Directive should not address communication via satellite for which, 

according to the Council Resolution of 30 June 1988, a common position should be 
worked out; 

31.  Whereas the Council, on the basis of a report which the Commission shall submit to 

the Council and the European Parliament, and in accordance with Article 100b of the 
Treaty, shall review, during 1992, any remaining conditions for access to 
telecommunications services which have not been harmonized, the effects of these 
conditions on the workings of the internal market for telecommunications services, and 
the extent to which this market needs to be further opened up; 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

1. 

2. 

This Directive provides for the harmonization of conditions for open and efficient 
access to and use of public telecommunications networks and, where applicable, 
public telecommunications services, as defined in Article 2. 

These conditions are designed to facilitate the provision of services using public 
telecommunications networks and/or public telecommunications services, within and 
between Member States. This includes in particular the provision of services by 
companies, firms or natural persons established in a Member State of the 
Community other than that of the company, firm or natural person for whom the 
services are intended. 

Article 2 

For the purposes of this Directive: 

1. 

Telecommunications Organizations' means public or private bodies, to which a 
Member State grants special or exclusive rights for the provision of a public 
telecommunications network and, when applicable, public telecommunications 
services. 

The bodies listed in Annex 1 fulfil these criteria.  The Commission, after having 
consulted the Committee referred to in Article 9, shall amend Annex 1 in order 

to delete entities to which Annex 1 refers and which do no longer fulfill the 
criteria mentioned above, or 
to include entities which will have been granted special or exclusive rights and 
meet those criteria. 

'Special or exclusive rights ' means the rights granted by a Member State or a public 
authority to one or more public or private bodies through any legal or regulatory 
instrument reserving them the right to provide a service or undertake an activity. 

'Public telecommunications network' means the public telecommunications 
infrastructure which enables signals to be transmitted between defined network 
termination points by wire, by microwave, by optical means or by other electromagnetic 
means. 

Public telecommunications services ' means services offered by telecommunications 
organizations and whose provision consists wholly or partly in the transmission and 
routing of signals on the public telecommunications network by means of 
telecommunications processes, with the exception of radio-broadcasting and television. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

"Network termination point' means all physical connections and their technical access 
specifications which form part of the public telecommunications network and are 
necessary for access to and efficient communication through that public network. 

'Essential requirements' means the non-economic reasons in the general interest 
which may cause a Member State to regulate the supply of telecommunications services. 
These reasons are security of network operations, maintenance of network integrity, 
and, in justified cases, interoperability of services and data protection. 

'Voice telephony' means the commercial provision for the general public of the direct 
transport and switching of real-time speech to and from public switched network 
termination points, whereby any user can use equipment connected to such a network 
termination point to communicate with another termination point. 

'Packet- and circuit-switched data services ' means the commercial provision for the 
general public of direct transport of data to and from public switched network 
termination points,  whereby any user can use equipment connected to such a network 
termination point to communicate with another tennination point. 

Telex service ' means the commercial provision for the general public of direct transport 
of telex messages in accordance with the relevant CCITT recommendation to and  from 
public switched network termination points,  whereby any user can use equipment 
connected to such a network termination point to communicate with another 
termination point. 

10 

10. 

'Open Network Provision conditions' means the conditions harmonized according 
to the provisions set forth in this Directive which concern the efficient access to and 
use of public telecommunications networks and, where applicable, public 
telecommunications services (hereinafter referred to as 'ONP conditions'). 

ONP conditions can include in particular harmonized conditions with regard to: 

technical interfaces, including the definition and implementation of network 
termination points, where required; 
usage conditions, including access to frequencies where required; 
tariff principles. 

ONP conditions will apply to efficient access to 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. 

The areas to which ONP conditions shall apply, will be defined according to Article 4. 

11. 

Technical specifications', 'standards' and 'terminal equipment' are given the same 
meaning as in Article 2 of Directive 86/361 /EEC. 

11 

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 non 
discriminatory, in accordance with Community law. 

2. 

ONP conditions must not restrict access to public telecommunications networks or 
public telecommunications services except for reasons based on essential 
requirements, within the framework of Community law.  These requirements are: 

security of network operations; 
maintenance of network integrity; 
interoperability of services, in justified cases; 
protection of data, in justified cases. 

In addition, the conditions in general applicable to the connection of terminal 

equipment to the network shall apply. 

12 

3. 

4. 

5. 

ONP conditions must not allow for any additional restrictions on the use of the 
public telecommunications network and /or public telecommunications 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. 

The Council, acting on a proposal from the Commission, pursuant to Article 100a of 
the Treaty, shall supplement as necessary the lists drawn up under paragraphs  1. and 
2. 

The details of the application of essential requirements, in particular concerning the 
interoperability of services and the protection of data, shall be determined, where 
appropriate, by the Commission, after having consulted the Advisory Committee 
referred to in Article 9. Protection of data may comprise the protection of personal data, 
the confidentiality of voice and data transmitted and/or stored as well as the protection 
of privacy. 

13 

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 selected according to Annex 2. 

The Council, acting on a proposal from the Commission, pursuant to Article 100a of 
the Treaty, shall supplement as necessary Annex 2. 

3. 

The Commission shall draw up each year, after consulting the Committee referred 
to in Article 9, a list of priority areas. 

4. 

For the priority areas chosen, the Commission shall: 

(1) 

(2) 

(3) 

carry out 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; 

request, where appropriate,  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 Telecommunications 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 co-ordinate, in particular, with the Joint European Standards 
Institution CEN/CENELEC; 
draw up ONP conditions in accordance with Article 3 and with the elements 
listed in the ONP reference framework in Annex 3. 

14 

Article 5 

1. 

2. 

The Commission shall invite, by publication in the Official Journal of the European 
Communities, public comment by all parties concerned on the reports established 
according to Article 4.4(1).  The period for public comment will be no less than 
three months from the date of publication. 

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) and accepted 
by the Commission,  shall be published in the Official Journal of the European 
Communities.  Member States shall consider those standards as suitable for Open 
Network Provision conditions and shall presume that a service provider who complies 
with those standards fulfills the relevant essential requirements. 

15 

Article 6 

Following the completion of the procedures set forth in Articles 4 and 5, and acting on the 
proposal from the Commission, pursuant to Article 100a of the Treaty, 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 implementation of harmonized 
network termination points, as appropriate, taking account of market demand; 

details of harmonized usage conditions; 

details of harmonized tariff principles; 

and any other aspects of relevance. 

16 

Article 7 

1. 

2. 

3. 

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 on a proposal from  the Commission, pursuant to Article 100a of 
the Treaty,  shall adopt  measures specifying  the conditions under which the mutual 
recognition of declaration and/or licensing procedures for the provision of services 
via public telecommunications 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. 

Towards this end, the Council acting on a proposal by the Commission, pursuant to 
Article 100a of the Treaty,  shall adopt measures for harmonizing declaration  and/or 
licensing procedures, where required. 

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 paragraphs 1. and 2. 

17 

Article 8 

During 1992, the Council, on the basis of a report which the Commission shall submit to the 
Council and the European Parliament, shall review any remaining conditions for access to 
telecommunications services which have not been harmonized, the effects of these conditions 
on the workings of the internal market for telecommunications services, and the extent to which 
this market needs to be further opened up, in conformity with Community law, taking account 
of technological development and in accordance with the procedure provided for under 
Article 100b of the Treaty. 

18 

Article 9 

1. 

2. 

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, which consults the representatives of the telecommunications 
organizations, the users, the consumers, the manufacturers and the service providers. 

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. 

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. 

19 

Article 10 

1. 

2. 

Member States shall bring into force the laws, regulations and  administrative 
provisions necessary in order to comply with this Directive by 31 December 1990 at 
the latest.  They shall forthwith  inform the Commission thereof. 

The provisions adopted pursuant to the first paragraph shall make express reference to 

this Directive. 

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  U 

This Directive is addressed to the Member States. 

ANNEX 1 

BODIES FULFILLING THE CRITERIA OF ARTICLE 2.1 

20 

Belgium 

Régie des Télégraphes et des Téléphones  / 

Regie van Telegrafie en Telefonie (RTT) 

Denmark 

Kobenhavns Telefon Aktieselskab 

Jydsk Telefon 

Fyns Kommunale Telefonselskab 

Post-og Telegrafvaesnet 

Statens Teletjeneste 

Federal Republic of Germany 

Deutsche Bundespost - TELEKOM 

France 

Direction Générale des Télécommunications (France Télécom) 

Transpac 

Greece 

HeDenic Telecommunications Organization, SA.  (OTEy 

IreJanl 

Telecom Etream» 

21 

Italy 

Amministrazione délie Poste e delle Telecom un icazioni 

Azienda di Stato per i Servizi Telefonici 

Società Italiana per TEsercizio Telefonico SpA 

Italcable 

Telespazio SpA 

Luxembourg 

Administration des Postes et des Télécommunications 

The Netherlands 

PTT Telecommunicatie B. V. 

Portugal 

Correios e Telecommunicacoes de Portugal 

Telefones de Lisboa e Porto 

Companhia Portuguesa Radio Marconi 

Scâin 

Telefonica SA. 

United Kingdom 

British Telecommunications pic (BT) 

Mercury Communications Ltd 

City of Kingston-upon-Hull 

22 

ANNEX 2 

AREAS FOR WHICH OPEN NETWORK CONDITIONS 

MAY BE DRAWN UP IN ACCORDANCE WITH ARTICLE 42 

ONP conditions sliall concern areas vital for the efficient access to and use of public 
telecommunications networks and/or public telecommunications services for which exclusive or 
special rights exist -  or may exist -  in accordance with Community law and/or for which the 
exclusive or special rights for the public network infrastructure are a major factor for optimal 
provision of such services to the general public. 

Subject to the above criteria, areas sliall be selected from the following list: 

1. 

leased lines; 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

packet- and c/Vrw/Y-switched data services; 

ISDN (Integrated Services Digital Network); 

voice telephony service; 

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 (eg. telephony, telex); 

telex service; 

mobile services, as applicable; 

broadband network resources, according to progress on definition and technological 
development. 

23 

ANNEX 3 

(former 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 conditons the following scheme should be taken into account for the 
definition of technical interfaces at appropriate network termination points: 

For existing services, existing interfaces should be adopted.  Enhancement 
of such interfaces may be considered for additional capabilities; 
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. 

24 

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 regulations, Council Directive 86/361/EEC on 
the initial stage of the  mutual recognition of type approval for telecommunications 
terminal equipment11 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.  Correspondingly, 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. 

11 

And any subsequent  relevant Community  legislation. 

25 

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. 

26 

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: 

tariffs must be based on objective criteria and must not impose directly or 
indirectly unfair purchases 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. 

There may be different tariffs to take account of excess traffic during peak periods and 
lack of traffic during off-periods, provided that the tariff differentials are commercially 
justifiable and do not conflict with the above principles. 

27 

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. 

ONP conditions shall be drawn up in such a way as not to limit the service providers' 
freedom  of action nor the telecommunications organizations'responsibility for the 
functioning of the network and the perfect condition of communications channels. 

Member States shall create, in accordance with Community law, the conditions 
enabling the telecommunications organizations to satisfy the new conditions deriving 
from  ONP. 

ISSN 0254-1475 

COM(89) 325 final 

DOCUMENTS 

EN 

08 16 

Catalogue number : CB-CO-89-347-EN-C 

ISBN 92-77-52394-8 

Office for Official Publications of the European Communities 
L-2985 Luxembourg