Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on the application of open network provision (ONP) to voice telephony
Date: 1995-02-01
Institutions: European Commission
Subjects: competition, consumer protection, harmonisation of standards, single market, supplies contract, telephone

COMMISSION OF THE EUROPEAN COMMUNITIES 

COM(94) 689  final 

Brussels,  01.02.1995 

95/0020  (COD) 

Proposal  for a 
EUROPEAN PARLIAMENT  AND COUNCIL DIRECTIVE 
on the application  of  open network provision  (ONP) 
to voice telephony 

(presented by the  Commission) 

EXPLANATORY  MEMORANDUM 

1.  BACKGROUND  AND AIM  OF  THE  DIRECTIVE 

Open network  provision  is the Community  policy  designed to ensure open  and  efficient 
access  to telecommunications  networks  and  services,  and  to  provide  a  minimum  set of 
harmonized  offerings  throughout  the  European  Union.  The  policy  of  open  network 
provision  was established  by  Council  Directive  90/387/EEC(1). 

In  June  1992,  the  Council  adopted  a  specific  Directive  on  the  application  of  open 
network provision to leased lines(2), and two Recommendations on the application of open 
network  provision  to  Packet  Switched  Data  Services(3)  and  Integrated  Services  Digital 
Networks(4) respectively. 

The Council  called for  a specific  Directive on the application  of open network  provision 
to voice telephony  in  Council  Directive  90/387/EEC,  Annex  III. 

A proposal  for  a Council Directive was first  submitted by the Commission in  September 
1992.  Following the  entry  into force  of the Treaty  of European  Union  on  1 November 
1993,  the  European  Parliament  and  the  Council  were  unable  to  reach  agreement  on  a 
joint  text,  mainly  on  account  of  the  issue  of  comitology.  The  Common  Position 
confirmed  by  the  Council  in  June  1994  was  rejected  by  the  European  Parliament  in 
July  1994. 

The proposal is now being re-submitted,  as called for by the European Parliament^. With 
the  exception  of the  Articles  related  to  comitology,  the  Commission  has  maintained  as 
far  as  possible 
the 
European  Parliament  and the Council  during  the  Conciliation  Meetings. 

large  extent  agreed  between 

text  which  was 

to  a 

the 

The aim  of the proposed  European  Parliament  and  Council  Directive  on the  application 
of  open  network  provision  to voice telephony  is to: 

-  establish  the  rights  of users  of the telephone  service; 

-  ensure  open  and  non-discriminatory  access  to  the  telephone  network  for  all  users, 

including  service providers  offering  competitive  services; 

-  enhance  Community-wide  provision  of voice telephony  services. 

The  proposed  Directive  is  consistent  with  the  importance  which  the  Treaty  gives  to 
consumer  protection  in the European  Union. 

(1)  OJ No L  192, 27.7.1990,  p.  1. 
(2)  OJ No L  165,  19.6.1992, p. 27. 
(3)  O J N o L 2 0 0,  18.7.1992, p.  1. 
(4)  OJ No L  200,  18.7.1992,  p.  10. 
(5) 

EP  Resolution  adopted  on  30  September  1994 (PE  182.008, B4-0039/94). 

Further  background  information  on  this  proposed  Directive  can  be  found  in  the 
Commission's  original  proposal(6). 

2.  HISTORY 

submitted 

The  Commission 
the 
its  original  proposal 
European  Parliament in September  1992, under the cooperation procedure.  The proposal 
was supported by the Economic and  Social Committee(7) and the European Parliament at 
first  reading(8),  and  the  Council  adopted  a common  position  on  30 June  1993. 

the  Council  and 

to 

Following  the  entry  into  force  of the  Treaty  of  European  Union  on  1 November  1993, 
the Directive was formally  re-submitted under the co-decision  procedure in Article  189b 
of the  Treaty. 

The  European  Parliament  proposed  a  number  of  amendments  at 
its  second 
reading  in  January  1994,  and  four  of  these  were  taken  up  by  the  Commission 
and  included  in  a modified  Commission  proposal(9).  The  Council  did  not  accept  all  the 
European  Parliament's 
in  accordance  with 
Article  189b(3) of the  Treaty, the  conciliation  procedure  was  invoked. 

reading  amendments,  and 

second 

Two conciliation  meetings were held between  the European  Parliament  and the  Council 
in  March  and  April  1994  to  consider  the  European  Parliament's  second  reading 
amendments,  but  no  agreement  was  reached.  The  main  problem  was  the  issue  of 
comitology, in particular the procedures for consultation that apply when the Commission 
exercises implementing powers conferred  upon it by an instrument adopted jointly by the 
European  Parliament  and  Council. 

Following  the  failure  to  reach  a joint  text  during  the  Conciliation  process,  the  Council 
the 
confirmed 
the 
European  Parliament's 
European  Parliament voted to reject the Directive at its July  1994 Plenary, in accordance 
with  the  procedure  in  Article  189b(6)  of the  Treaty. 

in  June  1994,  without  any  of 
result 

its  original  common  position 
second 

amendments, 

reading 

and 

as 

a 

On  30  September  1994,  the  European  Parliament  adopted  a  Resolution  calling  on  the 
Commission  to  re-introduce  a  draft  Directive  on  ONP  voice  telephony  at  the  earliest 
possible  date. 

3.  AMENDMENTS  IN  THE RE-SUBMITTED  PROPOSAL 

This re-submitted  proposal  builds upon detailed  discussion between  the Council  and the 
the 
European  Parliament  on 
European  Parliament. 

the  amendments  proposed  at  second  reading  by 

(6) 

(7) 

(8) 

OJ No  C 263,  12.10  1992, p. 20. 
O J N oC  19, 25.1.1993, p.  126. 
EP  Resolution  adopted  on  10 March  1993  (PE  203.347,  A3-0064/93). 

(9)  COM(94)48,  1.3.1994. 

The details of the main  changes between  this version  and the  Commission's  modified 
proposal of  1  March  1994 are as follows: 

Recital/Article 

Amendment 

Changes based on discussion between EP and Council during Conciliation process 

Recital 9 
Recital 42a 
Art  10(1) 
Art  13(1) 
Art  13(5) 
Art 26(6) 

Additional  sentence 
New recital 
Final  subparagraph amended 
Modification  of previous text 
Additional  subparagraph  (based on previous  13(3)a) 
Modification  of previous text of 26(5)a. 

In addition, the regulatory committee procedure (formerly  Article 31) has been changed 
to  an  advisory  committee  procedure,  with  a  consequent  change  in  Article  25  and 
Article 29.  In this respect, the re-submitted proposal is consistent with the Commission's 
original  proposal.  It  is  also  consistent  with  the  Declaration  adopted  by  the 
1985 Intergovernmental  Conference  on the Single European Act, in which the Council 
is requested to give the advisory committee procedure in particular a predominant place 
for the exercise of the powers of implementation conferred on the Commission within the 
field of Article  100a of the Treaty. 

Other  changes are the inclusion  of  specific  dates in Articles  13(1), 26(1),  31, and 32, 
clarification  to recital 30, addition of recitals 46 and 47, re-numbering of Articles after 
Article  30,  and  minor  editorial  amendments  to  reflect  the  change  from  cooperation 
procedure to co-decision procedure. 

4.  COMITOLOGY 

In December  1994, the European Parliament, the Council and the Commission agreed a 
modus vivendi concerning the rules for exercising the powers to implement acts adopted 
jointly by the European Parliament and the Council in accordance with the procedure laid 
down in Article  189b of the Treaty establishing the European Community  . 

The  re-submitted  proposal  follows  established  practice  and  makes  reference  to  an 
advisory committee procedure, consistent with Council Decision of  13 July  1987(1G). 

5.  CONCLUSION 

This  proposed  Directive  will  stimulate  telecommunications  services  in  Europe  and 
provide important protection for consumers.  The re-submitted proposal builds upon the 
large measure of agreement reached by the European Parliament and the Council on the 
original proposal. 

The European Parliament and the Council are requested to adopt the attached  proposal 
for  a Directive without further  delay. 

(10)  OJNoL  197, 18.7.1987, p. 33. 

Proposal  for a 
EUROPEAN PARLIAMENT AND COUNCIL  DIRECTIVE 
on the application  of  open network provision  (ONP) 
to voice telephony 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  100a  thereof, 

Having  regard to the proposal  from the Commission(1), 

Having  regard to the opinion  of the Economic  and Social  Committee(2), 

Acting in accordance with the procedure referred to in Article  189b of the Treaty, 

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  provision(3) provides inter alia  for adoption  of 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 should also include the application of ONP to the network over which 
the voice telephony  service is provided; 

3.  Whereas  ONP  conditions  for  access  to  and use  of  the  fixed  public  telephone  networks 
and  services  should  apply  to  all  the  network  technologies  currently  in  use  in 
Member  States,  including  analogue  telephone  networks,  digital  networks  and  the 
integrated  services digital  network (ISDN); 

4.  Whereas  this  Directive  does  not  apply  to  mobile  telephony  services;  whereas  it  does 
apply  to  the  use  of  the  fixed  public  telephone  network  by  operators  of  public  mobile 
telephony  services,  in particular with respect to the interconnection  of mobile telephone 
networks with the fixed public telephone network in a single Member State, in order to 
achieve comprehensive Community-wide services; whereas this Directive does not apply 
to direct interconnection  between operators of public mobile telephony  services; 

5.  Whereas  this  Directive  does  not  apply  to  services  or  facilities  provided  at  network 

termination  points located outside the Community; 

(1)  OJ No 
(2)  OJ No 
(3)  OJ No L  192, 24.7.1990,  p.  1. 

6.  Whereas  Commission  Directive  90/388/EEC  of  28  June  1990  on  competition  in  the 
markets  for  telecommunications  services(4),  as  last  amended  by  Directive  94/46/EC(5), 
the  supply  of 
requires  Member  States 
telecommunications  services other than voice telephony; whereas Directive  90/388/EEC 
does not apply to telex,  mobile radiotelephony  and paging services; 

to  withdraw  exclusive  rights 

for 

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 pursuance of the principle of non-discrimination, voice telephony 
service  should be offered  and provided to all  users on request,  without  discrimination; 
whereas the principle of non-discrimination applies inter alia to 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 
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 
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  in  what  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. 

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  pursuance  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 facilities, adequate consultation with users/consumers 
and  user/consumer  organizations,  the  control  of  numbering  plans,  the  surveillance  of 
usage conditions, and the resolution of disputes and in ensuring that users are given fair 
treatment throughout the Community;  whereas they should have the necessary means to 
carry out these tasks fully; 

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  assess  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; 

(4)  OJ No L  192, 24.7.1990,  p.  10. 
(5)  OJ No L 268,  19.10.1994,  p.  15. 

11.  Whereas  users  of  the  fixed  public  telephone  network  should,  when  dealing  with 
telecommunications  organizations,  have rights at least  similar to those they  have when 
dealing  with  the  providers  of  other  goods  and  services,  and  telecommunications 
organizations should not have any undue legal protection when dealing with users of the 
fixed public telephone network; 

12.  Whereas agreement between the parties involved  can  constitute  a contract; whereas,  in 
order  to  avoid  unfair  contractual  clauses,  it  is  necessary  that  national  regulatory 
authorities  have  the  right  to  require  modifications  of  conditions 
imposed  by 
telecommunications organizations on users in their contracts; whereas Member States may 
decide whether their national regulatory authority shall check those contractual conditions 
either before their use by telecommunications organizations,  or at any time on the user's 
request. 

13.  Whereas  Council  Directive  93/13/EEC  of  5  April  1993  on  unfair  terms  in  consumer 
contracts(6)  already  provides  a  general  protection  for  consumers  as regards  contractual 
terms; whereas, nevertheless, for the purpose of this Directive it is necessary  to enlarge 
this general  protection by  adding  more  specific  rules which  should  apply  to all users; 

14.  Whereas,  in  addition to the basic  voice  telephony  service  made  available  to users it  is 
desirable  to  ensure  that,  subject  to  technical  feasibility  and  economic  viability,  a 
harmonized minimum  set of  advanced voice telephony  facilities  is offered  to users,  for 
communications both within  a Member  State and between Member States; 

15.  Whereas the provision of other voice telephony facilities, provided in response to market 
demand  in  addition  to  the  harmonized  minimum  set  of  voice  telephony  facilities 
described herein, should not impede the provision of the basic voice telephony  facilities 
and  should  not  lead  to  unreasonable  increases  in  the  prices  for  basic  voice  telephony 
service; 

16.  Whereas  harmonized  conditions  for  the  voice  telephony  service  should  allow 
Member  States  flexibility  to  determine  the  timescales  for  implementation,  given  the 
disparities in the technical  development  of the network  and in market demand; 

17.  Whereas the Commission  has issued Guidelines on the  application  of EEC competition 
rules in the telecommunications  sector*7* in  order inter alia to  clarify  the  application  of 
Community competition law when telecommunications  organizations cooperate in order 
to implement Community-wide inter-connectivity between public networks and services; 

18.  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  fixed  public 
telephone  network  at  points  other  than  the  network  termination  points  offered  to  the 
majority  of  telephone  users;  whereas  such  requests  must  be  reasonable  in  terms  of 
technical  feasibility  and economic viability; whereas procedures should be introduced to 
provide  a  balance  between  the  requirements  of  users  and  the  justified  concerns  of 

(6)  OJ No  L 95,  21.4.1993,  p. 29. 
(7)  OJNoC233,  6.9.1991,  p. 2. 

telecommunications organizations; whereas it is essential, in making full and efficient use 
of the fixed public telephone  network via  such  special  network  access,  to maintain the 
integrity  of the public network; 

19.  Whereas  in  accordance  with  the  definition  contained  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; 

20.  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  including  in  particular, 
safeguards to ensure fair access to network interfaces; whereas the tariffs which apply to 
telecommunications organizations when using the fixed public telephone network for the 
provision of telecommunications  services  should be the same as the tariffs  which apply 
to other users; 

21.  Whereas  users  should  benefit  from  economies  of  scale  which  may  result  from  new 
intelligent network architectures; whereas the development of the Community market in 
telecommunications  services  calls  for the  widest  availability  of  facilities  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; 

in  order  to  ensure  Community-wide 

22.  Whereas  telecommunications  organizations  should  be  encouraged  to  establish  the 
full 
necessary  cooperation  mechanisms 
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 ensure compliance with Community  law, and as 
far  as  applicable,  in  compliance  with  the  existing  international  regulatory  framework 
within the  scope  of  International  Telecommunications  Union  (ITU); whereas  therefore 
national  regulatory  authorities should  have the right of  access to full  information  about 
network  interconnection  agreements  where  required;  whereas  the  Commission  may 
request  from  Member  States  details  of  special  network  access  agreements  and 
interconnection  agreements in so far as Community law  so provides; 

23.  Whereas 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  interconnection  with the 
fixed  public  telephone  networks,  including  interconnection  by  telecommunications 
organizations  from  other  Member  States  and  operators  of  public  mobile  telephony 
services, are objective and non-discriminatory in accordance with Directive 90/387/EEC; 

24.  Whereas,  where the  fixed public telephone  network  in  a Member  State  is  operated by 
more 
supervision  of 
telecommunications  organization,  appropriate 
interconnection  arrangements by national  regulatory  authorities is necessary  in order to 
guarantee  Community-wide  provision  of  voice  telephony  service;  whereas  such 

than  one 

interconnection arrangements should take due account of the principles laid down in this 
Directive; 

25.  Whereas the principle of non-discrimination in relation to interconnection primarily aims 
at avoiding the abuse of a dominant position by telecommunications organizations; 

26.  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 should be transparent and 
properly published, should be sufficiently  unbundled in accordance with the competition 
rules of the Treaty, and should be non-discriminatory and guarantee equality of treatment; 
whereas  application  of  the  principle  of  cost-orientation  should  take  account  of  the 
objective  of  universal  service  and  may  take  account  of  town  and  country  planning 
policies  aimed at ensuring cohesion within  a Member State; 

27.  Whereas national regulatory authorities should have a responsibility for overseeing tariffs; 
whereas tariff structures should evolve in response to technological development and user 
demand; whereas the requirement for cost-oriented tariffs means that telecommunications 
organizations  should implement within  a reasonable time limit cost accounting  systems 
by  which  costs  can be  allocated to  services  as accurately  as possible  on the basis of  a 
transparent  cost  accounting  system;  whereas  such  requirements  can  be  fulfilled  for 
example by  implementation  of the principle of fully  distributed  costing; 

28.  Whereas within the overall principle of cost orientation some 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 the supply of services 
provided  under  special  or  exclusive  rights  with  services  provided  under  competitive 
conditions; 

29.  Whereas users should be able to check  the correctness of their bills by being given the 
right  to receive itemized  bills,  to  a level  of  detail  compatible  with user needs and with 
relevant legislation  on personal  data protection and privacy; 

30.  Whereas  directories  of  users  who  subscribe  to  the  voice  telephony  service  should  be 
readily  available,  since  they  are  an  important  element  for  use  of  the  voice  telephony 
service;  whereas  directory  information  should  be  made  available  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 personal data protection and privacy; 

31.  Whereas  public  pay-telephones  provide  an  important  means  of  access  to  the  voice 
telephony  service,  especially  for emergencies,  and it is desirable to ensure that they are 
available to meet the reasonable needs of users; 

32.  Whereas, recognizing 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  State can be used in other Member States; 

33.  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 disabled people; 

34.  Whereas  the  Commission  has  requested  the  European  Telecommunications  Standard 
Institute (ETSI) to study the technical feasibility and economic viability of a harmonized 
single line network interface suitable for access to and use of the fixed public telephone 
network in all Member States; whereas to ensure harmonized access for ISDN terminal 
equipment it is desirable to set requirements for the corresponding network termination 
point including  specifications  for the socket; 

35.  Whereas  national  telephone  numbers  are  a  resource  which  should  be  monitored  by 
national  regulatory  bodies;  whereas  numbering  schemes  should  be  developed  in  full 
consultation  with  telecommunications  organizations  and  in  keeping  with  a  long-term 
Europe-wide  numbering  framework  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; 

36.  Whereas  Council  Resolution  of  19 November  1992 on  the  promotion  of  Europe-wide 
cooperation on numbering of telecommunications  services(8) considers as a major policy 
goal  the strengthening  of  cooperation  on the numbering  arrangements for  services with 
pan-European applications; whereas there is a need to create a European numbering space 
in order to facilitate the implementation and use of Europe-wide voice telephony services 
including freephone numbers; 

37.  Whereas  in  accordance  with  Directive  90/388/EEC,  Member  States  which  make  the 
supply  of  telecommunications  services  subject  to  a licensing  or  declaration  procedure 
should  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  fixed 
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 open network provision to leased lines(9),  as amended 
by  Commission  Decision  94/439/EC(10),  any  restrictions  aimed  at  ensuring  compliance 
with the essential  requirements should be compatible with Community law and imposed 

(*) 

(10) 

OJ No C 318, 4.12  1992, p. 2. 
OJ No L  165,  19.6.1992, p. 27. 
OJNoL  181,  15.7.1994, p. 40. 

10 

by  the  national  regulatory  authorities  through  regulatory  means;  whereas  no  technical 
restrictions should be introduced or maintained for the interconnection of leased lines and 
public telephone networks; 

38.  Whereas in accordance with Directive 90/387/EEC, the essential requirements upon which 
restrictions on access to and use of public telecommunications  networks or services are 
justified  are limited to 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 conditions  as to access  or use; 

39.  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 
in  the  field  of 
technical  standards  and  regulations(U),  as  last  amended  by  European  Parliament  and 
Council  Directive 94/10/EC(12),  new national  standards should not be developed in areas 
where harmonized European  standards are under development; 

information 

40.  Whereas,  to  enable  the  Commission  to  monitor  effectively  the  application  of  this 
Directive,  it  is  necessary  that  Member  States  notify  to  the  Commission  the  national 
regulatory  authorities which will be responsible for performing the functions  created by 
this Directive  and for providing the relevant information  called for in this Directive; 

41.  Whereas in addition to the rights of recourse granted under national  or Community law, 
there is a need for  a simple conciliation  procedure for 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; 

42.  Whereas telecommunications services are subject to consumer protection legislation, data-
protection  legislation  and  legislation  on  the  dissemination  of  information  or  material 
which  may  be  considered  offensive  by  the  general  public,  and  therefore  no  specific 
additional  measures are envisaged  in this Directive; 

43.  Whereas  transparency  would  be  improved  by  regular  and  systematic  dialogue 
consumers,  manufacturers,  and 
with telecommunications  organizations,  users, 
the service providers, to discuss Community-wide issues raised by this Directive; whereas 

(,l)  OJ No  L  109,  26.4.1983,  p. 8. 
(12)  OJ No L  100,  19.4.1994,  p. 30. 

11 

consultation with trade unions is already covered by Commission Decision 90/450/EEC<13) 
which  set  up  a  Joint  Committee  on  Telecommunications  Services  to  assist  the 
Commission,  consisting  of  representatives  of employers and employees. 

44.  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  and  should  involve  the 
ONP  Committee; 

45.  Whereas  a  need  is  foreseen  for  a procedure  for ensuring convergence  at a Community 
level  by  setting  harmonized  targets  and  target  dates  for  voice  telephony  services  and 
facilities;  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; 

46.  Whereas  the  goal  of  an  advanced  cost-effective  Community-wide  voice  telephony 
service  -  an  essential  foundation  of the single market -  cannot be realized  satisfactorily 
at Member State level, and hence is better achieved at Community level by the adoption 
of this Directive; 

47.  Whereas  according  to  Council  Decision  91/396/EEC a single European emergency  call 
number(14)  should  be  introduced  in  the  Community;  whereas  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 conformity(15), as last amended by Directive 93/68/EEC(16), defines the conditions for 
connection  of terminal  equipment to the fixed public telephone network; 

48.  Whereas Europe is shifting towards an information-based economy; whereas open access 
to networks is a critical issue at world level;  whereas the Council has agreed a timetable 
for  the  liberalization  of  all  telecommunications  networks,  infrastructures  and  services; 
whereas a balanced policy of liberalization  and harmonization - including accompanying 
measures for  universal  service - will  continue to ensure that Europe's business, industry 
and  citizens can access modern,  affordable  and efficient  communications  infrastructures 
over  which  a rich and diverse range of  services will  be  offered, 

(13) 

(14) 

(15) 

(16) 

OJ No L 230, 24.8.1990, p. 25. 
OJNoL217,  6.8.1991, p. 31. 
OJNoL  128, 23.5.1991, p. 1. 
OJNoL220,  30.8.1993, p. 1. 

12 

HAVE ADOPTED THIS DIRECTIVE: 

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  public  telephony  services,  and  the 
availability  throughout the Community  of a harmonized voice telephony  service. 

2.  The Directive does not apply to mobile telephony services except in so far as it concerns 
the interconnection between the networks used for public mobile telephony 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  switched  telecommunications 
network which is used inter alia for the provision of voice telephony service between 
network termination points at fixed locations; 

-  "users"  means  end-users,  including  consumers  (such  as  residential  end-users),  and 
service  providers,  including  telecommunications  organizations  where  the  latter  are 
engaged in providing services which are or may be provided by others as well; 

-  "national regulatory authority" means the body or bodies in each Member State, being 
legally  distinct  from  and  functionally 
independent  of  the  telecommunications 
organizations, entrusted by that Member State with inter alia 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  may  include  coins,  credit/debit  cards  and/or  pre 
payment cards. 

13 

Article 3 

Provision of service, connection of terminal equipment and use of the network 

Member States shall ensure that the respective telecommunications organizations separately 
or jointly  provide  a  fixed  public  telephone  network  and  a  voice  telephony  service  in 
accordance with the provisions of this Directive, in order to guarantee a harmonized  offering 
throughout the Community. 

In particular, Member States shall ensure that users can: 

(a)  obtain on request a connection to the fixed public telephone network; 

(b)  connect  and  use  approved  terminal  equipment  situated  on  the  users'  premises,  in 

accordance with national  and Community law. 

Member States shall ensure that no restrictions are placed on the use made of the connection 
provided, other than those referred  to in Article 22. 

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 fixed public telephone network and voice telephony  service is 
published according to the list of headings given in Annex I. 

Changes in  existing  offerings  and information  on new offerings  shall  be published  as 
soon as possible and, unless the national regulatory authority decides otherwise, no later 
than two months before their implementation. 

2.  The information referred  to in paragraph  1 shall be published in an appropriate manner 
so as to provide users with  easy  access to  it.  Reference  shall be made in the  official 
gazette of the Member State concerned to the publication of such  information. 

3.  National  regulatory  authorities  shall  notify  to the Commission  no more than  one year 
after  the entry into force  of this Directive - and thereafter  in case of any change - the 
manner  in  which  the  information  referred  to  in  paragraph  1 is  made  available;  the 
Commission shall regularly publish a corresponding reference to such notifications 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  in  Annex  II.  Definitions, 
measurement methods and the performance of national telecommunications organizations 
in relation to those targets shall be published annually. Definitions, measurement methods 

14 

and  targets  shall  be  reviewed  at  least  every  three  years  by  the  national  regulatory 
authority. 

Publication  shall be in the manner laid down in Article 4. 

2.  Where  appropriate,  the  Commission  shall,  in  accordance  with  the  procedure  under 
Article 30, request the European Telecommunications Standards Institute (ETSI) to draw 
up European standards for  common definitions  and measurement methods. 

Article 6 

Conditions for the termination of  offerings 

1.  National  regulatory  authorities  shall  ensure  that  service  offerings  continue  for  a 
reasonable period of time, and that termination of an offering  or a change that materially 
alters the use that can be made of it, takes place only  after  consultation  with the users 
affected  and an appropriate public notice period set by the national regulatory authority. 

2.  Without prejudice to other rights of appeal provided for by national laws, Member States 
shall  ensure that users, acting where national  law provide for  this in  conjunction  with 
organizations representing user and/or consumer interests, can bring before the national 
regulatory authority cases where the users affected  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.  National  regulatory 
authorities shall require compensation and/or refund  arrangements to be provided if the 
contracted  service quality  levels are not met. 

2.  Telecommunications organizations shall respond to a request for connection to the  fixed 
public telephone network without delay and shall give the user an estimated date for the 
provision of the service. 

3.  National regulatory authorities shall be able to require the alteration of the conditions of 
contracts  and  conditions  of  any  compensation  and/or  refund  schemes  used  by 
telecommunications organizations. Users' contracts with telecommunications organizations 
shall  contain  a  summary  of  the  method  of  initiating  procedures  for  the  settlement  of 
disputes. 

4.  Member  States  shall  ensure  that  users  have the right to  institute judicial  proceedings 

against a telecommunications  organization. 

15 

Article 8 

Deviation  from  published conditions 

Where, in  response to a particular  request,  a telecommunications  organization  considers it 
unreasonable  to  provide  a  connection  to  the  fixed  public  telephone  network  under  its 
published tariffs  and supply conditions, it must seek the agreement of the national regulatory 
authority to vary those conditions in that case. 

Article 9 

Provision of advanced facilities 

1.  National regulatory authorities shall ensure the provision, subject to technical  feasibility 
and  economic  viability,  of  the  facilities  listed  in  Annex  111(1 ),  in  accordance  with 
technical  standards as identified  in Article 24. 

2  National regulatory authorities shall facilitate and encourage provision of the services and 
facilities  listed  in Annex 111(2), in accordance with technical  standards as identified  in 
Article 24, through commercial arrangements between telecommunications organizations 
and where applicable other persons providing the service or facility,  in compliance with 
the rules of competition of the Treaty, and in response to user demand. 

3  National  regulatory  authorities  shall  ensure  that  dates  for  the  introduction  of  these 
facilities  listed  in  Annex  111(1)  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. National  regulatory  authorities  shall  encourage  in the 
same manner the setting and publication of dates for the services and facilities  listed in 
Annex 111(2). 

Article 10 

Special  network  access 

1.  National regulatory authorities shall ensure that telecommunications organizations respond 

to reasonable requests from  users other than 

(a)  operators of public mobile telephony services, 

(b) 

telecommunications organizations when providing voice telephony  services 

for access to the fixed public telephone network at network termination points other than 
the network termination points referred to in Annex I. 

Where in response to a particular request the telecommunications organization considers 
it  unreasonable  to  provide  the  special  network  access  requested,  it  must  seek  the 
agreement  of  the  national  regulatory  authority  to  restrict  or  deny  that  access.  Users 
affected  shall be granted the opportunity to put their case before the national regulatory 
authority before a decision is taken. 

16 

Where a request for special network access is denied, the user making the request should 
be  given  a prompt  and justified  explanation  as  to  why  the  request  has  been  refused, 
except  where  the  supply  of  such  information  could  prejudice  proceedings  before  a 
national court or other action being taken under national regimes for the enforcement  of 
licensing  conditions in accordance with  Community law; 

2.  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,  3  and  4.  The  agreement  may  include 
reimbursement to the telecommunications organization of the costs incurred inter alia in 
providing the network access requested; those charges shall fully adhere to the principles 
of  cost-orientation  set out in Annex  II to Directive  90/387/EEC. 

3.  National  regulatory  authorities  may  intervene  on  their  own  initiative  at any  time,  and 
shall  do  so  if  requested  by  either  party,  in  order  to  set  conditions  that  are  non 
discriminatory,  fair and reasonable for both parties, and offer  the greatest benefit to all 
users. 

4.  National  regulatory  authorities  shall  also  have the right, in the  interest  of  all  users,  to 
ensure  that  the  agreements  include  conditions  that  meet  the  criteria  set  out  in 
paragraph 3,  are entered  into  and implemented  in  an efficient  and timely  manner,  and 
that they  include conditions as to compliance with relevant  standards, compliance with 
essential  requirements  and/or the maintenance of  end-to-end  quality. 

5.  Conditions set by national regulatory authorities in accordance with paragraph 4 shall be 

published  in the manner laid down in Article 4. 

6.  National regulatory authorities shall ensure that telecommunications organizations adhere 
to the principle of non-discrimination when they make use of the fixed public telephone 
network  for  providing  services  which  are  or  may  also  be  supplied  by  other  service 
providers. 

7.  The Commission  shall, in accordance with the procedure under Article 30,  request that 
standards for  new  types  of  network  access  be  drawn up  by  ETSI,  where  appropriate. 
Reference  to standards for these new types of network  access  shall  be published in the 
Official  Journal  of  the  European  Communities  in  accordance  with  Article  5(1)  of 
Directive 90/387/EEC. 

8.  Details of agreements on special  network access shall be made available to the national 

regulatory  authority  upon request. 

Article  11 

Interconnection 

1.  National  regulatory  authorities  shall  ensure  that  reasonable  requests  for  network 
interconnection to the fixed public telephone network from the organizations listed below 
are met,  in particular so as to provide  Community-wide  voice telephony  services: 

17 

(a) 

telecommunications  organizations  providing fixed public  telephone  networks in 
other Member  States who have been notified  in accordance with Article 26(3); 

(b)  operators of public mobile telephony  services in the same Member State. 

No request for  interconnection  shall be refused  by  a telecommunications  organization 
without the prior agreement of its national regulatory  authority. 

Interconnection  to  the fixed public  telephone  network  of  operators  of  public  mobile 
telephony  services in other Member  States who have been notified  in accordance with 
Article  26(3)  may  also be  agreed  between  the  parties involved.  No  request  for  such 
interconnection shall be refused by a telecommunications organization without the prior 
agreement of its national regulatory  authority. 

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  10(3) and 10(4). 

3.  National regulatory authorities shall ensure that telecommunications organizations adhere 
to the principle of non-discrimination  when they enter into interconnection agreements 
with others. 

4. 

If  interconnection  agreements  include  specific  compensation  provisions  for  the 
telecommunications organization in situations where different  operating conditions such 
as price controls or universal service obligations are imposed upon the respective parties, 
such  compensation  provisions  shall  be  cost-oriented,  non-discriminatory  and  fully 
justified,  and shall only be applied with the approval of the national regulatory authority 
acting in accordance with Community law. 

5.  Details of interconnection agreements shall be made available to the national regulatory 

authorities concerned, upon request. 

Article 12 

Tariff  principles and transparency 

1.  National  regulatory  authorities  shall  ensure  that  tariffs  for  use  of  the  fixed  public 
telephone  network  and  the  voice  telephony  service  follow  the  basic  principles  of 
transparency  and  cost  orientation  set  out  in  Annex  II  to  Directive  90/387/EEC,  and 
comply with the provisions of this Article. 

2.  Without  prejudice  to  the  application  of  the  principle  of  cost-orientation,  national 
regulatory authorities may impose on telecommunications organizations tariff constraints 
relating to the objectives of universal telephone-service accessibility including those of 
town and country planning. 

3.  Tariffs for access to and use of the fixed 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. 

18 

4.  Tariffs  for  facilities  additional  to  the  provision  of  connection  to  the  fixed  public 
telephone  network  and provision  of  voice  telephony  service  shall,  in  accordance  with 
Community  law,  be  sufficiently  unbundled,  so that the user is  not required  to pay  for 
facilities which are not necessary  for the service requested. 

5.  Tariffs  shall normally contain the following  elements, each of which should be itemized 

separately  for the user: 

-  an initial charge for connection to the fixed public telephone network and subscription 

to the voice telephony  service; 

-  a periodic  rental  charge,  based  on  the  type  of  service  and facilities  selected  by  the 

user; 

-  charges  for  use,  which  may,  inter  alia,  take  account  of  peak  periods  and  off-peak 

periods. 

Where other tariff elements are applied, these must be transparent and based on objective 
criteria. 

6.  Tariffs  shall  be published  in the manner laid  down in Article 4. 

7.  Tariff  changes shall  only be implemented  after  an appropriate public notice period,  set 

by the national  regulatory  authority,  has been observed. 

Article  13 

Cost  accounting  principles 

1.  Member  States  shall  ensure  that  their telecommunications  organizations,  having  been 
notified  in  accordance  with  Article  26(2),  operate  by  31  December  1996  a  cost 
accounting system suitable for the implementation of Article 12 and that compliance with 
such cost accounting  system is verified  by a competent independent body.  A  statement 
concerning  compliance  shall  be published annually^ 

2.  National  regulatory  authorities  shall  ensure  that  a  description  of  the  cost  accounting 
system,  showing the main headings under which costs are assembled and the rules used 
for the allocation  of  costs to the voice  telephony  service  is made available  on request. 
National  regulatory  authorities  shall  submit  on request to the Commission  information 
on the cost accounting  systems used by the telecommunications  organizations. 

3.  Without prejudice to the second  subparagraph of this paragraph, the system  referred to 

in paragraph  1 shall  include the following  elements: 

(a)  The  costs  of  the  voice  telephony  service,  which  shall  in  particular  include  the 
direct  cost  incurred  by  the  telecommunications  organizations  for  setting  up, 
operating  and  maintaining  the  voice  telephony  service  and  for  marketing  and 
billing the voice telephony  service; 

19 

(b)  Common costs, that is to say, costs which cannot be directly assigned either to the 

voice telephony  service or to other activities, are allocated as follows: 

(i)  Whenever possible, common cost categories shall be allocated on the basis 

of direct analysis of the origin of the costs themselves; 

(ii)  When  direct  analysis  is  not  possible,  common  cost  categories  shall  be 
allocated  on the basis  of  an  indirect  linkage to  another  cost  category  or 
group» of  cost  categories  for  which  a  direct  assignment  or  allocation  is 
possible. The indirect linkage shall be based on comparable cost structures; 

(iii)  When neither direct nor indirect measures of cost allocation can be found, 
the  cost  category  shall  be  allocated  on  the  basis  of  a  general  allocator 
computed  by  using  the  ratio between  all  expenses  directly  or  indirectly 
assigned or allocated to the voice telephony service, on the one hand, and, 
on the other hand, other services. 

Other  cost  accounting  systems  may  be  applied  only  if  they  are  suitable  for  the 
implementation of Article 12 and have been approved as such by the national regulatory 
authority  for use by the telecommunications  organizations,  subject to the Commission 
being informed  prior to their application. 

4.  Detailed  accounting  information  shall  be  made  available  to  the  national  regulatory 

authority  on request and in  confidence. 

5.  Member  States  shall  ensure  that  the  financial  accounts  of  those  telecommunications 
organizations  notified  in  accordance  with  Article  26  are  drawn  up,  published  and 
submitted to independent  audit.  Such audit shall be carried  out in accordance with the 
relevant rules of national  legislation. 

Article 14 

Discounts, low-use schemes and other specific  tariff  provisions 

1.  National  regulatory  authorities may agree that bulk discount schemes can be offered  to 

users and shall make those schemes subject to their supervision. 

2.  National  regulatory  authorities  may  agree  special  tariffs  for  the  provision  of  socially 
desirable services such as the emergency services, or for low-use users or specific social 
groups. 

3.  National  regulatory  authorities shall  ensure that tariff  structures allow for  reduced-rate 
calls within the Community at off-peak times, including where applicable night-time and 
weekends. 

4.  National regulatory authorities shall ensure that where special tariffs  are introduced  for 
voice  telephony  services  provided  in  connection  with  specific  projects  of  limited 
duration, they shall be subject to prior notification  to the national regulatory  authority. 

20 

Article  15 

Itemized  billing 

National regulatory authorities shall ensure that targets are set and published for the provision 
of itemized  billing as a facility  available to users on request,  taking into account the  state of 
network  development  and  market  demand. 

Subject to the level of detail permitted under relevant legislation on the protection of personal 
data  and  privacy,  itemized  bills  shall  show the  composition  of the  charges  incurred. 

Calls which are free of charge to the caller, including calls to helplines, shall not be  identified 
in  the  caller's itemized  bill. 

Within this framework,  different  levels of detail may be offered  to users at reasonable  tariffs. 

Article  16 

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  inserted  in  public  directories, 

(c) 

telecommunications organizations make available on request public directory  information 
concerning the voice telephony  service on published terms which are fair,  reasonable and 
non-di scriminatory. 

Article  17 

Provision  of  public  pay-telephones 

National  regulatory  authorities  shall  ensure that  public  pay  telephones  are provided  to  meet 
the reasonable needs of users, in terms of both  numbers and  geographical  coverage,  and that 
it  is  possible  to  make  emergency  calls  from  such  telephones.  Calls  to  the  single  European 
emergency  call  number  referred  to  in  Decision  91/396/EEC  shall  be  free  of  charge. 

Article  18 

Telephone  pre-payment  cards 

1.  The  Commission  shall  ensure 

that  standards  are  drawn  up  by  ETSI  and/or 
CEN/CENELEC  for  a harmonized  telephone  pre-payment  card  suitable for use in  pay-
telephones in all Member  States, and associated  network interface  standards, in order to 
make it possible for  pre-payment  cards issued  in one  Member  State to be used  in  other 

21 

Member States.  A reference of those standards and those for associated equipment shall 
be published in the Official  Journal of the European Communities. 

2.  National  regulatory  authorities  shall  encourage  the  progressive  introduction  of  public 

pay-telephones conforming  to the standards referred to in pararaph 1. 

Article 19 

Specific  conditions for disabled users and people with special needs 

National  regulatory  authorities  may  draw up  specific  conditions to  aid  disabled  users and 
people with special needs in their use of the voice telephony service. 

Article 20 

Specifications  for network access, including the socket 

1.  Where appropriate, acting in accordance with the Article 30 procedure, the Commission 
shall request standards for new types of harmonized network access to be drawn up by 
ETSI,  in  accordance  with  the  reference  framework  set  out  in  Annex  11(2)  of 
Directive 90/387/EEC  References  to  standards  for  such  new  types  of  harmonized 
network access shall be made in the Official  Journal  of the European Communities. 

2.  Where voice telephony  service is supplied  to users over the ISDN network at the  S/T 
Reference  Point,  national  regulatory  authorities  shall  ensure that the introduction  of a 
interface 
new  network  termination  point  complies  with  the  relevant  physical 
specifications,  in  particular  those  for  the  socket,  referenced  in  the  list  of  standards 
published in the Official  Journal  of the European Communities. 

Article 21 

Numbering  issues 

1.  Member  States shall ensure that national  telephone numbering plans are controlled by 
the national regulatory authority, in order to provide for fair competition.  In particular 
the  procedures  for  allocating  individual  numbers  and  numbering  ranges  shall  be 
transparent, equitable and timely and the allocation shall be carried out in an objective, 
transparent and non-discriminatory  manner. 

2.  National  regulatory  authorities  shall  ensure  that  the  main  elements  of  the  national 
numbering plan,  and  all  subsequent  additions or amendments to them  are published, 
subject only to limitations imposed on the grounds of national security. 

3.  National  regulatory  authorities  shall  encourage  appropriate  use  of  possible  European 
numbering schemes for the provision of the facilities  identified  in Annex 111(2). 

22 

Article 22 

Access and use conditions and essential  requirements 

1.  Member  States  shall  ensure that  conditions  which  restrict  access to  and  use  of fixed 
public telephone networks or fixed public voice telephony services are based only on the 
grounds  given  in  paragraphs  3, 4  and  5,  and  are imposed  with  the  agreement  of  the 
national  regulatory authority. 

in 

the  shortest  possible  time  period,  whether  or  not 

2.  National regulatory authorities shall draw up procedures for deciding, on a case-by-case 
basis  and 
to  allow 
telecommunications  organizations to take measures such as refusing  to provide access 
to the fixed public telephone network,  or interrupting  or reducing the availability  of a 
voice  telephony  service,  on  account  of  a  user's  alleged  failure  to  comply  with  the 
conditions as to use. These procedures may also allow the national regulatory  authority 
to authorize pre-specified  measures in case of defined  infringements  of conditions as to 
use. 

The  national  regulatory  authority  shall  ensure  that  the  procedures  provide  for  a 
transparent  decision-making  process  in  which  due  regard  is  had  to  the rights of  the 
parties.  The decision  shall  be taken  after  having given  both  parties the opportunity  to 
state their case. The decision shall be duly justified and notified to the parties within one 
week of its adoption. 

A summary of the procedures shall be published in the manner laid down in Article 4. 

This  provision  shall  not  prejudice  the rights of  the  parties  concerned  to  apply  to the 
courts. 

3.  Any usage restrictions placed upon users on the basis of special or exclusive rights for 
voice telephony  shall be imposed  through regulatory  means, and shall be published in 
accordance with Article 4. 

4.  Conditions for connection of terminal  equipment to the fixed public telephone network 
shall comply with Directive 91/263/EEC, and shall be published in accordance with the 
requirements of Article 4 of this Directive. 

Without prejudice to the provisions of Directive 91/263/EEC, where a  user's terminal 
equipment  does  not  comply,  or  no  longer  complies,  with  its  approval  conditions,  or 
where it malfunctions  in a way which adversely affects  the integrity of the network, or 
where there is a danger of injury  to persons, national regulatory authorities shall ensure 
that the following  procedure is followed. 

-  the  service  may  be  discontinued  by  the  telecommunications  organization  until  the 

terminal is disconnected from  the network termination point; 

-  the  telecommunications  organization  shall  immediately  inform  the  user  of  the 

discontinuation, giving the reasons therefor; 

23 

-  as soon as the user has ensured that the terminal equipment is disconnected from the 

network termination point, the service shall be restored. 

5.  When access to or use of the fixed public telephone network is restricted on account of 
essential  requirements,  national  regulatory  authorities  shall  ensure  that  the  relevant 
national provisions identify  which of the essential requirements in points (a) to (d) listed 
below are the basis of such restrictions. 

Restrictions  imposed  on  the  basis  of  essential  requirements  shall  be  published  in  the 
manner laid down in Article 4. 

Restrictions  derived  from  essential  requirements  shall  be  imposed  through  regulatory 
means. 

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 shall apply to the  fixed 
public telephone network and voice telephony  service in the following  manner: 

(a)  There shall be no restrictions on access to and use of the fixed public telephone 
network on grounds of security of network operations except during an emergency, 
when a telecommunications organization may take the following measures in order 
to safeguard  the security of network operations: 

-  discontinuation  of the service; 

- 

limitation of facilities; 

-  denial to new users of access to the network and service. 

An  emergency  in  this  context  means  catastrophic  network  breakdown  or 
force majeure,  such  as  extreme  weather  conditions,  flooding,  lightning  or fire, 
industrial  action  or  lockouts,  war,  military  operations  or  civil  disorder.  In  an 
emergency  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 informed  of the beginning and the  end of the emergency, as well as 
the nature and extent of temporary  service restrictions. 

(b)  National  regulatory authorities  shall ensure that restrictions on access to and use 
of the fixed public telephone network on the grounds of maintenance of  network 
integrity, in order to protect inter alia network equipment, software  or stored data 
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 

24 

(c)  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. 

Where the national  regulatory authority imposes conditions as to interoperability 
of services in contracts relating to interconnection  of public networks or special 
network  access, those conditions  shall  be published  in the manner  laid  down in 
Article 4. 

(d)  Member  States  may  restrict  access  to  and  use  of  the  fixed  public  telephone 
network on 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,  confidentiality  of  information  transmitted  or  stored, 
and protection of privacy, compatible with Community law. 

6.  National  regulatory  authorities shall ensure that, where appropriate, users are  informed 
in  advance by  appropriate  means by  the  telecommunications  organizations  of  periods 
when access to or use of the fixed public telephone network may be restricted or denied 
as a result of planned maintenance activity. 

Article 23 

Non-payment of bills 

Member  States  shall  authorize  specified  measures,  which  shall  be  published  in  the 
manner laid down in Article 4, to cover non-payment of bills and any consequent service 
discontinuation  or disconnection.  The measures shall ensure that any discontinuation  is 
confined  to the service concerned, as far  as is technically feasible, and that due warning 
is given to the user  beforehand. 

Article 24 

Technical  standards 

1.  National regulatory authorities shall encourage the provision of services according to the 

standards listed below: 

-  standards  published  in  the  Official  Journal  of  the  European  Communities,  in 

accordance with Article 5(1) of Directive 90/387/EEC, 

or, in the absence of such standards, 

-  European  standards adopted by ETSI, or CEN/CENELEC, 

or, in the absence of such standards, 

- 

standards  or 

International 
international 
Telecommunications Union (ITU), the International Organization for  Standardization 
(ISO) or the International Electrotechnical  Committee (IEC), 

recommendations  adopted  by 

the 

25 

or,  in the  absence  of  such  standards, 

-  national  standards or  specifications, 

without  prejudice  to  reference  to  European  standards  which  may  be  made  compulsory 
under  Article  5(3) of Directive 90/387/EEC. 

2.  National regulatory authorities shall ensure that telecommunications organizations inform 
users  on  request  of  standards  or  specifications,  including  any  European  and/or 
international  standards which are implemented through national  standards, in  accordance 
with  which  the  services and  facilities  in this Directive  are  provided. 

Article  25 

Provisions  for  Community-wide  convergence 

1.  Based on the reports provided by the national  regulatory  authorities under  Article  26(5) 
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. 

If implementation of the requirements of Articles 5, 9, or  15 appears inadequate to ensure 
the  provision  of  harmonized  services  and  facilities  to  users  at  a  Community  level, 
harmonized targets and target dates may be determined in accordance with the procedure 
under  Article  30 

The procedure initiated by the Commission  shall take full  account of the state of network 
development  and  market  demand  in  all  individual  Member  States. 

3. 

In  particular,  with  regard  to  those  facilities  requiring  Community-wide  cooperation 
described  in  Article  9(2),  where  commercial  agreements  between  telecommunications 
organizations  cannot  be  concluded,  conditions  necessary  to  achieve  the  provision  of 
harmonized  facilities  to users  may  be  determined  in  accordance with  the  procedure  in 
Article 30. 

The Commission  shall take due account of the state of network  development, the various 
architectures  and  market  demand  in  the  Community. 

Article  26 

Notification  and  reporting 

1.  Member  States  shall  notify  to  the  Commission  their  national  regulatory  authority  by 

31 December  1995. 

2.  Member  States  shall  notify  to the  Commission  the  names  of  those  telecommunications 
organizations to which this Directive is to be applied, in particular to ensure the provision 
of the network  and  service in  accordance  with  Article 3. 

26 

3.  National  regulatory  authorities  shall  notify  to  the  Commission  the  names  of  those 
telecommunications organizations in their territory which are authorized to interconnect 
their  fixed  networks  direct  with  those  of  telecommunications  organizations  in  other 
Member States in order to provide voice telephony service. 

National  regulatory  authorities  shall  notify  to  the  Commission  the  names  of  those 
operators of public mobile telephony  services in their territory which are authorized to 
interconnect direct with the fixed networks of telecommunications organizations in other 
Member  States in order to provide a voice telephony  service. 

4.  The  Commission  shall  publish  the  names  referred  to  in  paragraphs  2  and  3  in  the 

Official  Journal  of the European Communities. 

5.  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, 9 and  15. 

The annual report shall be sent to the Commission within five months of the end of the 
year. 

6.  National  regulatory  authorities  shall  keep  available  and  submit to the  Commission  on 
request  details  of  individual  cases  brought  before  them,  other  than  those  covered  by 
Article 23, where access to or use of the fixed public telephone network or fixed public 
voice telephony  service has been restricted or denied, including the measures taken and 
their justification.  Submission of information to the Commission may be deferred where 
such submission could prejudice proceedings before a national court or other action being 
taken under national  regimes for  the enforcement  of regulatory  controls in  conformity 
with Community law. 

Article 27 

Conciliation  and national dispute resolution 

Without prejudice to 

(a)  any action that the Commission  or any Member  State may take pursuant to the Treaty 

(b)  the  rights  of  the  person  invoking  the  procedure  in  points  3  and  4,  of  the 
telecommunications  organizations  concerned  or  of  any  other  person  under  applicable 
national law except in so far as they enter into an agreement for the resolution of disputes 
between them 

(c)  the provisions of this Directive which allow the national regulatory authorities to set the 

terms of agreements between telecommunications organizations and users 

the following  procedure shall be available to the user: 

27 

1.  Member States shall ensure that any party, including users, service providers, consumers, 
or  other  telecommunications  organizations  having  an  unresolved  dispute  with  a 
telecommunications organization concerning an alleged infringement of the provisions of 
this Directive shall have a right of appeal to the national regulatory authority or another 
independent  body.  Easily  accessible  and  in  principle  inexpensive  procedures  shall  be 
created  at  a  national  level  to  resolve  such  disputes  in  a  fair,  timely  and  transparent 
manner. These procedures shall  also apply in cases of where users are in dispute with a 
telecommunication  organization about their telephone bills. 

2.  A  user  or  a  telecommunications  organization  may,  where  the  dispute  involves 
telecommunications organizations in more than one Member State, invoke the conciliation 
procedure  provided  for  in  points  3  and  4  by  means  of  a  written  notification  to  the 
national  regulatory  authority  and to the Commission. 

Member  States  may  also  allow  their  national  regulatory  authority  to  invoke  the 
conciliation procedure. 

3.  Where the national regulatory  authority or the Commission finds that there is a case for 
further examination, following  a notification  based on point 2, it can refer the matter to 
the Chairman of the ONP Committee. 

4. 

In the cases referred to in point 3, 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 of the convening of the working group.  The 
chairman of the working group may decide, upon proposal by any of the members 
of  the working  group, to  invite  a maximum  of  two  other  persons as  experts  to 
advise it. 

(b)  The  working  group  shall  give  the  party  invoking  this  procedure,  the  national 
regulatory authorities of the Member States involved, 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 point 2.  The Chairman of the ONP Committee shall inform that committee of 
the results of the procedure  so that the committee may  express its views. 

5.  The  party  invoking  the  procedure  shall  bear  its  own  costs  of  participating  in  this 

procedure. 

28 

Article  28 

Deferment 

1.  When  a Member  State  is not  able,  or  can  foresee  that  it  will  not  be  able,  to  fulfil  the 

provisions  of Articles  12 and  13 it  shall  notify  the  Commission  of the reasons. 

2.  Deferment  of  the  obligations  under  Articles  12  or  13  can  only  be  accepted  in  cases 
where  the  Member  State  concerned  can  prove  that  the  fulfilment  of  the  requirement 
would  impose  an  excessive  burden  on  the  telecommunications  organizations  in  that 
Member  State. 

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. 

4.  When  the  Commission  receives  a  notification  in  accordance  with  paragraph  1, it  shall 
inform  the  Member  State  whether  it  considers  that  the  particular  circumstances  of  the 
Member  State  concerned  justifies,  on  the  basis  of  criteria  set  out  in  paragraph  2,  a 
deferment  in favour  of this Member  State in the application  of Article  12 or Article 13, 
and  shall  state until  what  date  such  deferment  is justified. 

Article  29 

Technical  adjustment 

Modifications  necessary  to  adapt  Annex  1(2),  Annexes  II  and  III  to  new  technological 
developments  or  to  changes  in  market  demand  shall  be  determined  in  accordance  with  the 
procedure  in  Article 30. 

Article  30 

Committee  procedure 

1.  The  Commission  shall  be  assisted  by  the  ONP  Committee  set  up  by  Article  9(1)  of 

Directive  90/387/EEC. 

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,  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. 

29 

Article 31 

Review 

The Commission shall examine and report to the European Parliament and to the Council on 
the functioning of this Directive, on the first occasion not later than 31 December  1998.  The 
report  shall  be based  inter  alia  on the information  provided  by  the Member  States to the 
Commission and to the ONP Committee. Where necessary, further measures may be proposed 
in the report for full  implementation  of the aims of the Directive. 

Article 32 

Implementation 

1.  Member States shall bring into force the laws, regulations and administrative provisions 
necessary  to  comply  with  this Directive  by  31 December  1995. They  shall  forthwith 
inform  the Commission thereof. 

When  Member  States  adopt  these  provisions,  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  inform  the  Commission  of  the  main  provisions  of  national  law 

which they adopt in the field governed by this Directive. 

Article 33 

Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official  Journal of the European Communities. 

Article 34 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

30 

HEADINGS FOR INFORMATION TO BE PUBLISHED 
IN ACCORDANCE WITH ARTICLE 4 

ANNEX I 

1.  NAME(S) AND ADDRESS(ES) OF TELECOMMUNICATIONS ORGANIZATION(S) 

i.e.  name(s)  and  head  office  address(es)  of  the  telecommunications  organization(s) 
providing fixed public telephone networks and/or voice telephony services. 

2.  TELECOMMUNICATIONS  SERVICES OFFERED 

2.1.  Types of connection to the fixed public telephone network 

Technical characteristics of interfaces at commonly provided network termination points 
are  required,  including  where  applicable  reference  to  national  and/or  international 
standards or recommendations, in accordance with Article 24: 

-  for  analogue and/or digitally  presented networks; 

(a)  single line interface 

(b)  multi-line  interface 

(c)  direct dialling in (DDI) interface 

(d)  other interfaces  commonly provided 

-  for ISDN-

la)  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. 
In addition to the above information  to be published on a regular basis as described in 
Article 4, telecommunications organizations should inform terminal equipment suppliers, 
without undue delay of any particular network characteristics which are found to  affect 
the correct operation  of approved terminal  equipment. 

31 

2.2  Telephone  services  offered 

Description  of the basic voice telephony  service offered,  indicating what is included in 
thé 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 where applicable  reference to the 
relevant technical standards or specifications to which they conform, in accordance with 
Article 24. 

2.3  Tariffs 

covering access, usage, maintenance,  and including details of any discount  schemes 

2.4  Compensation/refund policy 

including specific  details of any compensation/refund  schemes  offered. 

2.5  Types of maintenance  service  offered 

2.6  Ordering procedure 

including designated contact points within the telecommunications organization 

2.7  Standard contract conditions 

including  any minimum  contractual  period, if relevant 

3.  LICENSING REQUIREMENTS 

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 
authorization; 

-  the duration of any relevant licences or authorizations; 

-  a list  referring  to  all  documents  containing  relevant  licensing  conditions  which  the 

Member State imposes. 

32 

4.  CONDITIONS  FOR ATTACHMENT  OF TERMINAL  EQUIPMENT 

This  shall  include  a  complete  overview  of  requirements  for  terminal  equipment  as 
regulated  by  the  national  regulatory  authority,  in  line  with  the  provisions  of 
Directive  91/263/EEC,  including,  where  appropriate,  conditions  concerning  customer 
premises wiring and location  of the network termination point. 

5.  ACCESS  AND USAGE  RESTRICTIONS 

This  shall  include  any  access  and  usage  restrictions  imposed  in  accordance  with  the 
requirements of Article 22. 

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 

Targets  shall  be published  in accordance  with the requirements  of  Articles 9 and  15. 

8.  CONDITIONS  FOR  SPECIAL NETWORK  ACCESS 

This  shall  include  conditions  for  special  network  access  set  by  National  regulatory 
authorities in accordance with  Article  10(5). 

9.  AVAILABILITY  OF THE DESCRIPTION  OF THE COST ACCOUNTING  SYSTEM 

The address from which the description of the cost accounting system may be requested 
in accordance with the requirements of  Article  13. 

10.  MAIN ELEMENTS  OF THE NATIONAL  NUMBERING  PLAN 

-  in accordance with the requirements of  Article 21. 

11.  TERMS FOR THE USE OF DIRECTORY  INFORMATION 

-  in accordance with Article  16(c). 

12.  CONCILIATION  AND DISPUTE  RESOLUTION  PROCEDURE 

This  shall  include  guidelines  for  users  on  the  appeal  mechanisms  available  for 
conciliation and resolving disputes with telecommunications organizations, according to 
the  procedure  described  in  Article  27.  This  shall  also  include  a  summary  of  the 
procedures for resolving  disputes as set out in Article 22(2). 

13.  PROCEDURE  IN THE EVENT  OF NON-PAYMENT  OF BILLS 

-  in accordance with the requirements of Article 23. 

33 

ANNEX H 

SUPPLY  TIME AND  QUALITY  OF  SERVICE  INDICATORS  IN  ACCORDANCE 
WITH  THE REQUIREMENTS  OF ARTICLE  5 

The  following  list  specifies  areas  where  quality  of  service  indicators  are  required  for 
telecommunications  organizations notified  in accordance with Article 26(2): 

- • • • supply time for initial  network  connection 

fault  rate per connection 

fault repair time 

call  failure rates 

dial tone delay 

call  set up delay 

transmission  quality  statistics 

response times for operator services 

/ 

the proportion of  coin and card-operated  public pay-telephones  in working order 

billing accuracy. 

34 

ANNEXAI 

PROVISION OF ADVANCED FACILITIES IN ACCORDANCE WITH ARTICLE 9 

1.  List of facilities  referred  to in Article 9(1) 

(a)  DTMF (dual tone multi frequency)  operation 

i.e. the fixed public telephone network supports the use of DTMF telephones for 
signalling  to  the  exchange,  using  tones  as  defined  in  ITU-T  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 fixed public telephone network, without intervention  of 
the PBX attendant. 

(c)  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. 

(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. 

2.  List of services and facilities  referred  to in Article 9(2) 

(a)  Community-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. 

35 

(b)  Community-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)  Community-wide  call transfer 

i.e.  transfer  of  an  established  call  to  a  third  party  in  the  same  or  another 
Member State. 

(d)  Community-wide  automatic reverse charging  service  facility 

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. 

(e)  Community-wide  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. 

(f)  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 

(g)  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. 

36 

BSN  0254-1475 

COM(94) 689  final 

DOCUMENTS 

EN 

15 

Catalog number  : CB-CO-95-030-EN-C 

ISBN 92-77-85210-0 

Office for Official Publications of the European Communities 

L-2985 Luxembourg 

37