Amended proposal for a Directive of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)
Date: 2001-07-04
Institutions: European Commission
Subjects: approximation of laws, information technology, telecommunications, transmission network

25.9.2001

EN

Official Journal of the European Communities

C 270 E/199

Amended proposal for a Directive of the European Parliament and of the Council on a common
regulatory framework for electronic communications networks and services (1)

(2001/C 270 E/26)

(Text with EEA relevance)

COM(2001) 380 final (cid:151) 2000/0184(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC-Treaty on 4 July 2001)

(1) OJ C 365 E, 19.12.2000, p. 198.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of
Committee (1),

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Unchanged

Whereas:

(1) The current regulatory framework for telecommunications
has been successful in creating the conditions for effective
competition in the telecommunications sector during the
transition from monopoly to full competition.

to

the

(2) On 10 March 1999 the Commission presented a
the
European
Communication
the Economic and Social Committee and the
Council,
Committee of
the
the Regions on the convergence of
telecommunications, media and information technology
sectors, and the implications for regulation (cid:151) Results of
the public consultation on the Green Paper (1).

Parliament,

___________
(1) COM(1999) 108.

___________
(1) OJ C 123, 25.4.2001, p. 55.
(2) OJ C (by letter of 16.2.2001 the Regions Committee has indicated

that it will not deliver its opinion on this Directive).

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

to

(3) On 10 November 1999 the Commission presented a
the
European
the Economic and Social Committee and the
in radio
steps
the public consultation

Communication
Council,
Committee of
spectrum policy (cid:151) Results of
on the Green Paper (1).

the Regions on next

Parliament,

the

(4) On 10 November 1999,
the

to

Parliament,

In that Communication,

the Commission presented a
the
European
Communication
the Economic and Social Committee and the
Council,
Committee of
the Regions entitled (cid:145)Towards a new
framework for electronic communications infrastructure
and associated services (cid:151) The 1999 Communications
Review(cid:146) (2).
the Commission
reviewed the existing regulatory framework for telecom-
munications,
in accordance with its obligation under
Article 8 of Council Directive 90/387/EEC of 28 June
1990 on the establishment of the internal market for tele-
communications services through the implementation of
open network provision (3), as amended by Directive
97/51/EC of
the
the European Parliament
Council (4). It also presented a series of policy proposals
for a new regulatory framework for electronic communi-
cations infrastructure and associated services for public
consultation.

and of

to

the

Parliament,

(5) On 26 April 2000 the Commission presented a
the
European
Communication
the Economic and Social Committee and the
Council,
Committee of the Regions on the results of the public
consultation on the 1999 Communications Review and
Orientations for the new Regulatory Framework (5). The
Communication summarised the public consultation and
set out certain key orientations for the preparation of a
new framework for electronic communications
infra-
structure and associated services.

(6) The Lisbon European Council of 23-24 March 2000 high-
lighted the potential for growth, competitiveness and job
to a digital, knowledge-based
creation of
economy. In particular, it emphasised the importance for
Europe’s businesses and citizens of access to an inex-
pensive, world-class communications infrastructure and a
wide range of services.

shift

the

___________
(1) COM(1999) 538.
(2) COM(1999) 539.
(3) OJ L 192, 24.7.1990, p. 1.
(4) OJ L 295, 29.10.1997, p. 23.
(5) COM(2000) 239.

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

and

four

networks

the European Parliament and of

the European Parliament and of

the European Parliament and of

(7) The convergence of the telecommunications, media and
information technology sectors means all
transmission
networks and services should be covered by a single regu-
latory framework. That regulatory framework consists of
specific Directives: Directive
this Directive,
[. . ./. . ./EC of
the
Council on the authorisation of electronic communi-
cations networks and services], Directive [. . ./. . ./EC of
the European Parliament and of the Council on access
to, and interconnection of, electronic communications
networks and associated facilities], Directive [. . ./. . ./EC
the Council on
of
universal service and users’ rights relating to electronic
services], Directive
communications
[. . ./. . ./EC of
the
Council on the processing of personal data and the
protection of privacy in the electronic communications
sector], and Regulation [(EC) No . . ./. . . of the European
Parliament and of the Council on unbundled access to the
local
(cid:145)the Specific
Measures(cid:146)). It is necessary to separate the regulation of
content. This
transmission from the
the content of
framework does not
services
communications
networks using electronic communications services, such
as broadcasting content,
financial services and certain
television
information society services. The content of
programmes is covered by Council Directive 89/552/EEC
of 3 October 1989 on the coordination of certain
provisions laid down by law, regulation or administrative
action in Member States concerning the pursuit of
television broadcasting activities (1),
amended by
Directive 97/36/EC of the European Parliament and of
the Council (2). The separation between the regulation of
transmission and the regulation of content does not
prejudice the taking into account of the links existing
between them.

therefore cover
electronic

referred to as

regulation of

(hereinafter

delivered

loop]

over

as

and

four

loop] (1)

networks

(hereinafter

the European Parliament and of

the European Parliament and of

the European Parliament and of

(7) The convergence of the telecommunications, media and
information technology sectors means all
transmission
networks and services should be covered by a single regu-
latory framework. That regulatory framework consists of
specific Directives: Directive
this Directive,
[. . ./. . ./EC of
the
Council on the authorisation of electronic communi-
cations networks and services], Directive [. . ./. . ./EC of
the European Parliament and of the Council on access
to, and interconnection of, electronic communications
networks and associated facilities], Directive [. . ./. . ./EC
the Council on
of
universal service and users’ rights relating to electronic
services], Directive
communications
[. . ./. . ./EC of
the
Council on the processing of personal data and the
protection of privacy in the electronic communications
sector], and Regulation [(EC) No . . ./. . . of the European
Parliament and of the Council on unbundled access to the
local
referred to as (cid:145)the Specific
Measures(cid:146)). It is necessary to separate the regulation of
content. This
transmission from the
the content of
framework does not
services
communications
networks using electronic communications services, such
as broadcasting content,
financial services and certain
information society services, and is therefore without
prejudice to measures taken at Community or national
level
in compliance with
Community law,
to promote cultural and
linguistic diversity and to ensure the defence of media
pluralism. The content of
is
covered by Council Directive 89/552/EEC of 3 October
1989 on the coordination of certain provisions laid down
by law, regulation or administrative action in Member
States concerning the pursuit of television broadcasting
activities (2), as amended by Directive 97/36/EC of the
the Council (3). The sepa-
European Parliament and of
ration between the regulation of
transmission and the
regulation of content does not prejudice the taking into
account of the links existing between them, in particular
in order
to guarantee competition, media pluralism,
cultural diversity and consumer protection.

therefore cover
electronic

in respect of such services,

television programmes

regulation of

in order

delivered

over

(8) This Directive does not cover equipment within the scope
of Directive 1999/5/EC of the European Parliament and of
the Council of 9 March 1999 on radio equipment and
telecommunications terminal equipment and the mutual
cover
recognition of
consumer equipment used for digital television.

conformity (3), but does

their

(8) This Directive does not cover equipment within the scope
of Directive 1999/5/EC of the European Parliament and of
the Council of 9 March 1999 on radio equipment and
telecommunications terminal equipment and the mutual
recognition of
their
cover
consumer equipment used for digital
is
It
important for regulators to encourage network operators
and terminal equipment manufacturers to co-operate in
order to facilitate access by disabled users to electronic
communications services.

conformity (4), but does
television.

___________
(1) OJ L 298, 17.10.1989, p. 23.
(2) OJ L 202, 30.7.1997, p. 60.
(3) OJ L 91, 7.4.1999, p. 10.

___________
(1) OJ L 336, 30.12.2000, p. 4.
(2) OJ L 298, 17.10.1989, p. 23.
(3) OJ L 202, 30.7.1997, p. 60.
(4) OJ L 91, 7.4.1999, p. 10.

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

(9)

the European Parliament and of

Information society services are covered by Directive
2000/31/EC of
the
Council of 8 June 2000 on certain legal aspects of
Information Society services,
in particular electronic
commerce, in the internal market (Directive on Electronic
Commerce) (1).

Unchanged

(10) In accordance with Article 14 of the Treaty, the internal
market comprises an area without
frontiers in
which the free movement of electronic communications
services is ensured.

internal

(11) In accordance with the principle of

is without prejudice

the separation of
regulatory and operational
functions, Member States
should guarantee the independence of the national regu-
latory authority or authorities with a view to ensuring the
impartiality of their decisions. This requirement of inde-
pendence
institutional
autonomy and constitutional obligations of the Member
States or to the principle of neutrality with regard to the
rules in Member States governing the system of property
ownership laid down in Article 295 of
the Treaty.
National regulatory authorities should be in possession
of all
staffing,
expertise, and financial means, for the performance of
their tasks.

the necessary resources,

in terms of

to the

(12) Any party who is the subject of a decision by a national
regulatory authority should have the right to appeal to an
independent body established by the Member States. The
appellate body should be able to consider the facts of the
case and, pending the outcome of the appeal, the decision
of the national regulatory authority should stand. This
appeal procedure is without prejudice to the rights of
legal entities or natural persons under national law.

(12) Any party who is the subject of a decision by a national
regulatory authority should have the right to appeal to an
independent body established by the Member States. The
appellate body should be able to consider the facts and
the merits of the case and, pending the outcome of the
appeal, the decision of the national regulatory authority
should stand, unless the appeal body decides for urgent
and imperative reasons
the decision should be
that
suspended. This appeal procedure is without prejudice
to the rights of
legal entities or natural persons under
national law.

(13) National regulatory authorities need to gather information
from market players in order to carry out their tasks
effectively. Such information may also need to be
the Commission, to allow it to
gathered on behalf of
fulfil its obligations under Community law. Requests for
information should be proportionate and not impose an
undue burden on undertakings. Information gathered by
publicly
authorities
national
available, except in so far as it is confidential. National
regulatory authorities should have the same rights and
duties of
confidentiality in respect of exchange of
information as a (cid:145)competent authority(cid:146) for the purposes
of Council Regulation No 17 of 6 February 1962: First
the
Regulation implementing Articles 85 and 86 of
Treaty (2),
(EC)
No 1216/1999 (3).

by Regulation

regulatory

amended

should

last

be

as

law. Requests

Such information may

(13) National regulatory authorities need to gather information
their tasks
from market players in order to carry out
effectively.
also need to be
gathered on behalf of the Commission, to allow it to fulfil
its obligations under Community
for
information should be proportionate and not impose an
undue burden on undertakings.
Information gathered by
national regulatory authorities should be publicly available,
except in so far as it is confidential
in accordance with
law on business confidentiality.
Community and national
National
should have the same
rights and duties of confidentiality in respect of exchange
of information as a (cid:145)competent authority(cid:146) for the purposes
of Council Regulation No 17 of 6 February 1962: First
the
Regulation implementing Articles 85 and 86 of
Treaty (2),
(EC)
No 1216/1999 (3).

regulatory authorities

Regulation

amended

last

by

as

___________
(1) OJ L 178, 17.7.2000, p. 1.
(2) OJ 13, 21.2.1962, p. 204.
(3) OJ L 148, 15.6.1999, p. 5.

___________
(2) OJ 13, 21.2.1962, p. 204.
(3) OJ L 148, 15.6.1999, p. 5.

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INITIAL PROPOSAL

AMENDED PROPOSAL

Unchanged

certain draft decisions

(14) It is important that national regulatory authorities consult
interested parties on proposed decisions and take
all
their comments before adopting a final
account of
decision.
In order to ensure that decisions at national
level do not have an adverse effect on the single market
or other Treaty objectives, national regulatory authorities
should also notify
to the
Commission and other national regulatory authorities to
give them the opportunity to comment and to allow the
Commission to require amendment or suspension of these
decisions if necessary. This procedure is without prejudice
to the notification procedure provided for in Directive
98/34/EC of
the
the European Parliament
Council of 22 June 1998 laying down a procedure for
technical
the provision of
standards and regulations and of rules of
Information
Society services (1), as amended by Directive 98/48/EC (2),
and the Commission’s prerogatives under the Treaty in
respect of infringements of Community law.

information in the field of

and of

(15) National regulatory authorities should have a harmonised
set of objectives and principles to underpin their actions.
These should be the only objectives and principles
the national regulatory auth-
governing the actions of
orities in carrying out their tasks under this regulatory
framework.

(15) National regulatory authorities should have a harmonised
set of objectives and principles and, where necessary coor-
dinate their actions with the regulatory authorities of
other Member States. These should be the only objectives
and principles governing the actions of the national regu-
latory authorities in carrying out their tasks under this
regulatory framework.

(16) Radio spectrum is an essential input for radio-based elec-
tronic communications services and, in so far as it relates
to such services,
should therefore be allocated and
assigned by national regulatory authorities according to
transparent, non-discriminatory and objective criteria. It
is important that the allocation and assignment of radio
in a
spectrum is managed as efficiently as possible,
manner
the
consistent with the need to balance
requirements of commercial and non-commercial use of
radio spectrum. Secondary trading of radio spectrum can
be an effective means of
increasing efficient use of
spectrum, as long as there are sufficient safeguards in
place to protect
in particular the
the public interest,
need to ensure transparency and regulatory supervision
the European
of such transactions. Decision [. . .] of
Parliament
regulatory
the Council
of
framework for radio spectrum policy in the Community
establishes a framework for harmonisation of
radio
spectrum, and action taken under this Directive should
seek to facilitate the work under that Decision.

on a

and

___________
(1) OJ L 204, 21.7.1998, p. 37.
(2) OJ L 217, 5.8.1998, p. 18.

It

is

the

that

important

(16) Radio spectrum is an essential input for radio-based elec-
tronic communications services and, in so far as it relates
to such services,
should therefore be allocated and
assigned by national regulatory authorities according to
a set of harmonised objectives and principles governing
their action as well as to transparent, non-discriminatory
and objective criteria, taking into account the democratic,
social, linguistic and cultural interests related to the use of
frequency.
allocation and
assignment of radio spectrum is managed as efficiently
in a manner consistent with the need to
as possible,
and
of
the
balance
non-commercial use of
and in a
consistent manner
European Union.
Secondary trading of radio spectrum can be an effective
means of increasing efficient use of spectrum, as long as
the
there are sufficient safeguards in place to protect
public interest,
in particular the need to ensure trans-
parency and regulatory supervision of such transfers.
Decision [. . .] of
the
Council on a regulatory framework for radio spectrum
policy in the Community establishes a framework for
harmonisation of
radio spectrum, and action taken
under this Directive should seek to facilitate the work
under that Decision.

the European Parliament and of

radio spectrum,

requirements

commercial

across

the

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INITIAL PROPOSAL

AMENDED PROPOSAL

Unchanged

(17) Access to numbering resources on the basis of

of

elements

sector. All

and non-discriminatory criteria

trans-
parent, objective
is
essential for undertakings to compete in the electronic
communications
national
numbering plans should be managed by national regu-
latory authorities, including point codes used in network
addressing. Where there is a need for harmonisation of
numbering resources in the Community, this should be
carried out by the Commission using its executive powers.
Access by end-users to all numbering resources in the
Community is a vital pre-condition for a single market.
It should include free phone, premium rate, and other
non-geographic numbers,
called
subscriber has chosen, for commercial reasons, to limit
access from certain geographical areas. Tariffs charged to
parties calling from outside the Member State concerned
need not be the same as for those parties calling from
inside that Member State. Numbering requirements in
Europe, the need for the provision of pan-European and
new services and the globalisation and synergy of the
electronic
the
in
Community
accordance with the Treaty in international organisations
and fora where numbering decisions are taken.

communications market
national

require
positions

except where

harmonise

the

to

(18) Timely, non-discriminatory procedures should be in place
to guarantee the
rights of way,
for
conditions
competition. This
and effective
Directive is without prejudice to national laws governing
expropriation of property.

the granting of
fair
for

rights of way,
and effective

the granting of
fair
for

(18) Timely, non-discriminatory procedures should be in place
to guarantee the
for
competition. The
conditions
these rights
conditions attached to the exercise of
non-discriminatory,
should
proportionate and transparent. This Directive is without
prejudice to national
laws governing expropriation of
property.

objectively

justified,

be

(19) Facility sharing can be of benefit

for town planning,
public health or environmental reasons, and should be
regulatory authorities on the
encouraged by national
basis of
facility
sharing may be appropriate in some circumstances, but
should be imposed on undertakings only after full public
consultation.

agreements. Compulsory

voluntary

Unchanged

(20) There is a need for ex-ante obligations in certain circum-
stances in order to ensure the development of competitive
market. The definition of significant market power in the
Directive 97/33/EC of the European Parliament and of the
Council of 30 June 1997 on interconnection in telecom-

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INITIAL PROPOSAL

AMENDED PROPOSAL

munications with regard to ensuring universal service and
interoperability through application of the principles of
Open Network Provision (ONP) (1), as amended by
Directive 98/61/EC (2), has proved effective in the initial
stages of market opening as the threshold for ex-ante obli-
gations, but now needs to be adapted to suit more
complex and dynamic markets. For this reason, the defi-
nition used in this Directive is now based on the concept
of dominance as defined in the case law of the Court of
Justice and the Court of First Instance of the European
Communities. Except in other cases mandated by inter-
national obligations of the Community and its Member
States, ex-ante regulatory obligations designed to ensure
effective competition are justified only for undertakings
which have financed infrastructure on the basis of
special or exclusive rights in areas where there are legal,
in
technical or economic barriers
particular for the construction of network infrastructure,
or which are vertically integrated entities owning or
operating network infrastructure for delivery of services
to customers and also providing services over that infra-
structure, to which their competitors necessarily require
access.

to market entry,

(21) It is essential that such regulatory obligations should only
be imposed where there is not effective competition and
where national and Community competition law remedies
are not sufficient to address the problem. It is necessary
therefore for the Commission to draw up guidelines at
Community level
for national regulatory authorities to
follow in assessing whether competition is effective in a
given market and in assessing significant market power.
Those guidelines will also address the issue of newly
emerging markets, where de facto the market leader is
likely to have a substantial market share but should not
be subjected to inappropriate obligations. National regu-
latory authorities will need to cooperate with each other
where the relevant market is found to be trans-national.

___________
(1) OJ L 199, 26.7.1997, p. 32.
(2) OJ L 268, 3.10.1998, p. 37.

(21) It is essential that such regulatory obligations should only
be imposed where there is not effective competition and
where national and Community competition law remedies
are not sufficient to address the problem. It is necessary
therefore for the Commission to draw up guidelines at
Community level
for national regulatory authorities to
follow in assessing whether competition is effective in a
given market and in assessing significant market power.
National regulatory authorities should analyse whether a
given product or service market is effectively competitive
in a given geographical area, which could be the whole or
a part of the territory of the Member State concerned. The
competition should include an
analysis of
analysis at
competition is prospectively
competitive, and thus whether any lack of effective
competition is durable. Those guidelines will
also
address the issue of newly emerging markets, where de
facto the market
leader is likely to have a substantial
market share but should not be subjected to inappropriate
obligations. The Commission should review the Guidelines
regularly to ensure that
they remain appropriate in a
rapidly developing market. National regulatory authorities
will need to cooperate with each other where the relevant
market is found to be trans-national.

effective
to whether

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INITIAL PROPOSAL

AMENDED PROPOSAL

(21a) In determining whether an undertaking has significant
market power in a specific market, national regulatory
assessment on the
authorities
Commission guidelines, which should be based on the
case law of the Court of Justice and the Court of First
Instance of the European Communities.

should base

their

(22) The Community and the Member States have taken
commitments in relation to standards and the regulatory
framework of telecommunications networks and services
in the World Trade Organisation.

Unchanged

to

require

compliance with

(23) Standardisation should remain primarily a market-driven
process. However there may still be situations where it is
appropriate
specified
standards at Community level to ensure interoperability
in the single market. At national level, Member States are
subject to the provisions of Directive 98/34/EC. Directive
95/47/EC of the European Parliament and of the Council
of 24 October 1995 on the use of standards for the trans-
television signals (1) did not mandate any
mission of
specific digital television transmission system or service
requirement. Through the Digital Video Broadcasting
Group, European market actors have developed a family
of television transmission systems that have been stan-
dardised by the European Telecommunications Standards
Institute (ETSI) and have become International Telecom-
munications Union Recommendations.

to

require

compliance with

(23) Standardisation should remain primarily a market-driven
process. However there may still be situations where it is
appropriate
specified
standards at Community level to ensure interoperability
in the single market. At national level, Member States are
subject to the provisions of Directive 98/34/EC. Directive
95/47/EC of the European Parliament and of the Council
of 24 October 1995 on the use of standards for the trans-
television signals (1) did not mandate any
mission of
specific digital television transmission system or service
requirement. Through the Digital Video Broadcasting
Group, European market actors have developed a family
of television transmission systems that have been stan-
dardised by the European Telecommunications Standards
Institute (ETSI) and have become International Telecom-
munications Union Recommendations. Any decision to
make the implementation of such standards mandatory
should follow a full public consultation. Standardisation
procedures under this directive are without prejudice to
the provisions of Directive 1999/5/EC, Council Directive
73/23/EEC of 19 February 1973 on the harmonization of
the laws of Member States relating to electrical equipment
designed for use within certain voltage limits (2) and
Council Directive 89/336/EEC of 3 May 1989 on the
approximation of the laws of the Member States relating
to electromagnetic compatibility (3).

(24)

In the event of a dispute between undertakings in the
same Member State in an area covered by this Directive
or the Specific Measures, an aggrieved party should be
able to call on the national regulatory authority to resolve
the dispute. National regulatory authorities should be able
to impose a solution on the parties.

Unchanged

___________
(1) OJ L 281, 23.11.1995, p. 51.

___________
(1) OJ L 281, 23.11.1995, p. 51.
(2) OJ L 77, 26.3.1973, p. 29.
(3) OJ L 139, 23.5.1989, p. 19.

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INITIAL PROPOSAL

AMENDED PROPOSAL

recourse granted under
(25) In addition to the rights of
national or Community law,
there is a need for a
simple procedure to resolve cross-border disputes which
lie outside the competence of a single national regulatory
authority. This procedure, to be initiated at the request of
either party in a dispute, but with the agreement of all
parties, should be responsive,
inexpensive and trans-
parent. Where the Commission decides to establish a
working group to assist
in resolving cross-border
it
disputes,
it should ensure that the group’s membership
is independent of the parties involved.

(26) A single Committee should replace the (cid:145)ONP Committee(cid:146)
instituted by Article 9 of Directive 90/387/EEC and the
Licensing Committee instituted by Article 14 of Directive
97/13/EC of the European Parliament and of the Council
of 10 April 1997 on a common framework for general
authorisations and individual licences in the field of tele-
communications services (1).

(27) National regulatory authorities and national competition
authorities should have the right to exchange information,
in order to allow them to cooperate fully together.

this group should be to assist

(28) A High-Level group composed of national regulatory
authorities should be established. The primary function
of
the Commission in
securing the uniform application of this Directive and
the Specific Measures in order to ensure consistency
between Member States. Expert groups may be established
to consider specific issues,
for example in relation to
consumer protection.

(28) An Advisory group composed of national regulatory auth-
orities should be established. The primary function of this
group should be to assist the Commission in securing the
this Directive and the Specific
uniform application of
Measures
consistency between
to ensure
Member States. Expert groups may be established to
consider
for example in relation to
consumer protection.

specific issues,

in order

(29) The provisions of this Directive should be reviewed peri-
odically, in particular with a view to determining the need
for modification in the light of changing technological or
market conditions.

Unchanged

for

the exercise of

(30) In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
conferred on the Commission (2), measures
the
implementation of this Directive should be adopted by
use of the advisory procedure provided for in Article 3
of that Decision or the regulatory procedure provided for
in Article 5 of that Decision, as appropriate.

for

___________
(1) OJ L 117, 7.5.1997, p. 15.
(2) OJ L 184, 17.7.1999, p. 23.

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(31)

In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
objective of achieving a harmonised framework for the
regulation of electronic communications services, elec-
tronic communications networks and associated facilities
cannot be sufficiently achieved by the Member States and
can therefore, by reason of the scale and effect of the
action, be better achieved by the Community. This
Directive confines itself
to the minimum required in
order to achieve that objective and does not go beyond
what is necessary for that purpose.

(32) The

following Directives

and Decisions

should be

repealed:

(cid:151) Directive 90/387/EEC;

(cid:151) Council Decision 91/396/EEC of 29 July 1991 on the
introduction of a single European emergency call
number (1);

(cid:151) Council Directive 92/44/EEC of 5 June 1992 on the
application of open network provision to leased
lines (2), as last amended by Commission Decision
98/80/EC (3);

(cid:151) Council Decision 92/264/EEC of 11 May 1992 on the
telephone

introduction of a standard international
access code in the Community (4);

(cid:151) Directive 95/47/EC;

(cid:151) Directive 97/13/EC;

(cid:151) Directive 97/33/EC;

(cid:151) Directive 97/66/EC of the European Parliament and of
the Council of 15 December 1997 concerning the
processing of personal data and the protection of
privacy in the telecommunications sector (5);

(cid:151) Directive 98/10/EC of the European Parliament and of
the Council of 26 February 1998 on the application of
open network provision (ONP) to voice telephony and
on universal
in a
competitive environment (6),

telecommunications

service for

___________
(1) OJ L 217, 6.8.1991, p. 31.
(2) OJ L 165, 19.6.1992, p. 27.
(3) OJ L 14, 20.1.1998, p. 27.
(4) OJ L 137, 20.5.1992, p. 21.
(5) OJ L 24, 30.1.1998, p. 1.
(6) OJ L 101, 1.4.1998, p. 24.

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HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

SCOPE, AIM AND DEFINITIONS

Article 1

Scope and aim

1.
This Directive establishes a harmonised framework for
the regulation of electronic communications services, electronic
communications networks and associated facilities. It lays down
the duties of national regulatory authorities and establishes a
set of procedures to ensure the harmonised application of the
regulatory framework throughout the Community.

This Directive as well as

the Specific Measures are
2.
without prejudice to obligations imposed by national
law in
accordance with Community law or by Community law in
respect of services delivered using electronic communications
networks and services.

This Directive is without prejudice to the provisions of

3.
Directive 1999/5/EC.

Article 2

Definitions

For the purposes of this Directive:

(a)

(b)

and

other

switching or

resources which permit

(cid:145)electronic communications network(cid:146) means transmission
routing
systems and, where applicable,
equipment
the
conveyance of signals by wire, by radio, by optical or by
other electromagnetic means, including satellite networks,
fixed (circuit- and packet-switched, including Internet) and
mobile terrestrial networks, networks used for radio and
television broadcasting, and cable TV networks, irrespective
of the type of information conveyed;

(a)

and

other

switching or

resources which permit

(cid:145)electronic communications network(cid:146) means transmission
routing
systems and, where applicable,
equipment
the
conveyance of signals by wire, by radio, by optical or by
other electromagnetic means, including satellite networks,
fixed (circuit- and packet-switched, including Internet) and
mobile terrestrial networks, networks used for radio and
television broadcasting,
(cid:145)powerline(cid:146) systems and cable TV
networks, irrespective of the type of information conveyed;

communications

service(cid:146) means

services
(cid:145)electronic
provided for
remuneration which consist wholly or
mainly in the transmission and routing of signals on elec-
tronic communications networks, including telecommuni-
cations services and transmission services in networks used
for broadcasting, but excluding services providing, or exer-
cising editorial control over, content transmitted using elec-
tronic communications networks and services;

Unchanged

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(c)

(cid:145)public communications network(cid:146) means an electronic
communications network used wholly or mainly for the
provision of publicly available electronic communications
services;

(d)

(cid:145)associated facilities(cid:146) means those facilities associated with
an electronic communications network and/or an electronic
communications service, to which access is necessary for
the competitive provision of electronic communications
services on equal terms;

(d)

(cid:145)associated facilities(cid:146) means those facilities associated with
an electronic communications network and/or an electronic
communications service which enable and/or support the
provision of services via that network and/or service. It
electronic
includes
programme guides;

conditional

systems

access

and

(e)

(cid:145)national regulatory authority(cid:146) means the body or bodies
charged by a Member State with any of the regulatory
tasks assigned in this Directive and the Specific Measures;

Unchanged

(f)

(cid:145)user(cid:146) means a legal entity or natural person using or
requesting publicly available electronic communications
services;

(g)

(cid:145)consumer(cid:146) means any natural person who uses a publicly
available electronic communications service for purposes
which are outside his or her trade, business or profession;

(h) (cid:145)universal service(cid:146) means a set of services, defined in
Directive [on universal service and users’ rights relating
to electronic communications networks and services], of
specified quality which is available to all users regardless
of their geographical location and, in the light of specific
national conditions, at an affordable price;

(i)

(j)

(cid:145)subscriber(cid:146) means any natural person or legal entity who
or which is party to a contract with the provider of
publicly available electronic communications services for
the supply of such services;

(cid:145)Specific Measures(cid:146) means Directive 2000/. . ./EC [on the
authorisation of electronic communications networks and
services], Directive 2000/. . ./EC [on access to, and inter-
connection of, electronic communications networks and
associated facilities], Directive 2000/. . ./EC [on universal
service and users’ rights relating to electronic communi-
cations networks and services], Directive 2000/. . ./EC [on
the processing of personal data and the protection of
privacy in the electronic communications sector] and Regu-
lation (EC) No . . . [on unbundled access to the local loop];

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(k)

(cid:145)Communications Committee(cid:146) means the committee estab-
lished under Article 19;

(l)

(cid:145)High-Level Communications Group(cid:146) means
established under Article 21;

the group

(l)

(cid:145)Advisory Communications Group(cid:146) means the group estab-
lished under Article 21;

(m) (cid:145)Trans-national market(cid:146) means a product or service market
whose geographical dimension comprises the whole of the
Community or a substantial part thereof.

CHAPTER II

Unchanged

NATIONAL REGULATORY AUTHORITIES

Article 3

National Regulatory Authorities

1. Member States shall ensure that each of the tasks assigned
to national regulatory authorities in this Directive and the
Specific Measures is undertaken by a competent body.

providing

shall guarantee the independence of
2. Member States
national
they are
regulatory authorities by ensuring that
legally distinct from and functionally independent of all organi-
sations
networks,
equipment or services. Member States that retain ownership
or control of undertakings providing electronic communi-
cations networks
and
effective structural separation of the regulatory function from
activities associated with ownership or control.

communications

electronic

services

and/or

ensure

shall

full

providing

electronic

communications

shall guarantee the independence of
2. Member States
national
they are
regulatory authorities by ensuring that
legally distinct from and functionally independent of all organi-
sations
networks,
equipment or services. Member States that retain ownership
or control of undertakings providing electronic communi-
cations networks
and
effective structural separation of the regulatory function from
activities associated with ownership or control. Member States
shall ensure that national regulatory authorities are able to act
freely, without further authorisation or control from any other
agency or body, subject only to the provisions of Articles 4 and
6 of this directive.

services

and/or

ensure

shall

full

3. Member States shall ensure that national regulatory auth-
orities exercise their powers impartially and transparently.

Unchanged

4. Member States shall publish the tasks to be undertaken
by national regulatory authorities in an easily accessible form,
in particular where those tasks are assigned to more than one
body. Member States shall in addition publish the procedures
for consultation and cooperation between those authorities,
authorities
and between those
entrusted with the implementation of competition law and
national authorities entrusted with the implementation of
consumer
law, on matters of common interest. Member
States shall ensure that there is no overlap between the tasks
of those authorities.

and national

authorities

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National regulatory authorities and national competition
5.
authorities shall have the right to exchange information.
In
order to facilitate cooperation and the mutual exchange of
information, national
regulatory authorities shall have the
same rights and duties of confidentiality in respect of
exchange of
for the
purposes of Regulation No 17.

information as a (cid:145)competent authority(cid:146)

6. Member States shall notify to the Commission all national
regulatory authorities assigned tasks under this Directive and
the Specific Measures, and their respective responsibilities.

Article 4

Right of appeal

1. Member States shall ensure that a mechanism exists at
national
level under which a user or undertaking providing
electronic communications networks and/or services has the
right of appeal against a decision of a national regulatory
authority to a body that is independent of government and
the national regulatory authority concerned. The appeal body
shall be able to consider not only the procedure according to
which the decision was reached, but also the facts of the case.
Pending the outcome of any such appeal, the decision of the
national regulatory authority shall stand.

1. Member States shall ensure that effective mechanisms
exists at national level under which any user or undertaking
providing electronic communications networks and/or services
who is affected by a decision of a national regulatory authority
has the right of appeal against that decision to a body that is
independent of government and the national
regulatory
authority concerned. The appeal body shall be able to
consider not only the procedure according to which the
decision was reached, but also the facts and the merits of the
case. Pending the outcome of any such appeal, the decision of
the national regulatory authority shall stand, unless the appeal
body decides for urgent and imperative reasons that
the
decision shall be suspended.

The Member States shall ensure that decisions taken by

2.
appeal bodies can be effectively enforced.

Unchanged

3. Where the appeal body is not
for
written reasons
Furthermore,
review by a court or tribunal.

in character,
its decision shall always be given.
in such a case, its decision shall be subject to

judicial

in character,
3. Where the appeal body is not
its decision shall always be given.
for
written reasons
Furthermore,
its decision shall be subject to
review by a court or tribunal within the meaning of Article
234 of the EC Treaty.

in such a case,

judicial

the

authority responsible

4.
The members of the appeal body shall be appointed and
leave office under the same conditions as members of
the
judiciary as
regards
their
their period of office, and their removal. At
appointment,
least the presiding member of the appeal body shall have the
same legal and professional qualifications as members of the
judiciary. The appeal body shall take its decisions following a
procedure in which both sides are heard, and its decisions shall,
by means determined by each Member State, be legally binding.

for

the

regards
authority responsible
their period of office, and their

4.
The members of the appeal body shall be appointed and
leave office under the same conditions as members of
the
judiciary as
for
their
removal.
appointment,
Member States shall ensure that the appeal body has the appro-
priate expertise to enable it to carry out its functions. At least
the presiding member of the appeal body shall have the same
the
legal and professional qualifications as members of
judiciary. The appeal body shall be competent to assess the
economic issues of
take its decisions
the case and shall
following a procedure in which both sides are heard, and its
decisions shall, by means determined by each Member State, be
legally binding.

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AMENDED PROPOSAL

Article 5

Unchanged

Provision of information

1. Member States shall ensure that national regulatory auth-
orities are empowered to require undertakings providing elec-
tronic communications networks and services provide all the
information necessary for national regulatory authorities to
ensure compliance with Community law. The information
regulatory authority shall be
requested by the national
proportionate to the performance of that task. The national
regulatory authority shall give the reasons
justifying its
request for information.

1. Member States shall ensure that national regulatory auth-
orities are empowered to require undertakings providing elec-
tronic communications networks and services provide all the
information necessary for national regulatory authorities to
ensure compliance with Community law. The information
requested by the national regulatory authority may only be
used in this context and to carry out that task, and shall be
proportionate to the performance of that task. The national
regulatory authority shall give the reasons
justifying its
request for information.

1a.
National regulatory authorities shall also be granted
powers by Member States to impose proportionate penalties
for non-production or inadequate production of information
and to conduct all necessary inspections of undertakings.
Where
authorities may
authorise their officials to enter and search undertakings’
premises.

regulatory

necessary,

national

2. Member States shall ensure that national regulatory auth-
orities provide
the Commission on request with the
information necessary for it to carry out its tasks under the
Treaty. The information requested by the Commission shall be
proportionate to the performance of those tasks. Where appro-
priate, the Commission shall make information submitted to
one national regulatory authority available to another such
authority in the same or another Member State. Where
information has been submitted in confidence, the Commission
and the national
concerned shall
regulatory authorities
maintain the confidentiality of the information provided.

The

thereof.

regulatory authority,

2. Member States shall ensure that national regulatory auth-
orities provide
the Commission on request with the
information necessary for it to carry out its tasks under the
Treaty. Where the information provided refers to information
the
previously provided by undertakings under request of
shall be
national
informed
the
by
Commission may only be used in this context and to carry
out these tasks, and shall be proportionate to the performance
of those tasks. To the extent necessary, the Commission shall
regulatory
make
authority available to another such authority in the same or
another Member State. Where information has been submitted
in confidence,
the Commission and the national regulatory
authorities concerned shall maintain the confidentiality of the
information provided.

information submitted to one national

such undertakings
requested

information

rules on public access

3. Member States shall ensure that, acting in accordance
with national
to information and
subject to Community and national rules on commercial confi-
dentiality,
such
information as would contribute to an open and competitive
market.

authorities

regulatory

national

publish

Unchanged

National regulatory authorities shall publish the terms
4.
governing public access to information as referred to in
paragraph 3, including detailed guidelines and procedures for
obtaining such access. Any decision to refuse access
to
information shall give reasons and shall be made public.

National regulatory authorities shall publish the terms
4.
governing public access
to information as referred to in
paragraph 3, including detailed guidelines and procedures for
obtaining such access. Any decision to refuse access
to
information shall contain a substantial motivation and shall
be made public.

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Article 6

Unchanged

Consultation and transparency mechanism

1. Member States shall ensure that where national regulatory
authorities intend to take measures in accordance with this
Directive or
they give interested
parties the chance to comment within a reasonable period.
National regulatory authorities shall publish their national
consultation procedures.

the Specific Measures,

1.
Except where provided for in paragraph 5, Member States
shall ensure that where national regulatory authorities intend
to take measures in accordance with this Directive or the
Specific Measures, they give all interested parties the chance
to comment within a reasonable period. National regulatory
authorities shall publish their national consultation procedures.
The results of
the consultation procedure shall be made
publicly available by the national regulatory authority, except
information in accordance with
in the case of confidential
Community and national
law on business confidentiality.
Member States
shall establish a single information point
where all current consultations are listed.

2. Where a national regulatory authority intends to take
measures under Article 8 or Article 14(4) and (5) of
this
Directive or Article 8(2) of Directive 2000/. . ./EC [on access
to and interconnection of electronic communications networks
shall communicate the draft
and associated facilities],
measure to the Commission and the national regulatory auth-
orities in other Member States, together with the reasoning on
which the measure is based. National regulatory authorities
may make comments to the national regulatory authority
concerned within the period for consultation determined in
accordance with paragraph 1.

it

2. Where a national regulatory authority intends to take
measures under Article 8(3), (4) and (5) or Article 14(4) and
(5) of this Directive or Article 8(2) of Directive 2000/. . ./EC
[on access to and interconnection of electronic communi-
cations networks and associated facilities], it shall communicate
the draft measure to the Commission and the national regu-
latory authorities in other Member States, together with the
reasoning on which the measure is based. National regulatory
authorities may make comments to the national regulatory
consultation
authority concerned within the period for
determined in accordance with paragraph 1.

3.
The national regulatory authority concerned shall take the
utmost account of comments of other national regulatory auth-
orities, and shall communicate the resulting draft measure to
the Commission without delay.

Unchanged

4.
The measure shall take effect one month after the date of
communication to the Commission unless the Commission
it
notifies the national regulatory authority concerned that
the measure
has serious doubts as to the compatibility of
with Community law and in particular
the provisions of
Article 7. In such cases, the measure shall not take effect for
a further two months. Within that period the Commission
require the
shall
national
or
withdraw the draft measure. If the Commission does not take
a decision within that period,
the draft measure may be
adopted by the national regulatory authority.

take a final decision, and if necessary,
authority

to amend

concerned

regulatory

4.
The measure shall take effect one month after the date of
communication to the Commission unless the Commission
it
notifies the national regulatory authority concerned that
has serious doubts as to the compatibility of
the measure
with Community law and in particular
the provisions of
Article 7 of this Directive. In such cases, the measure shall
not take effect for a further two months. Within that period
the Commission shall take a final decision, and if necessary,
require the national regulatory authority concerned to amend
or withdraw the draft measure. If the Commission does not
take a decision within that period,
the national regulatory
authority may adopt the draft measure.

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it may adopt measures immediately.

5.
In exceptional circumstances, where a national regulatory
authority considers that there is an urgent need to act, by way
of derogation from the procedure set out in paragraphs 1 to 4,
in order to safeguard competition and protect the interests of
users,
It shall, without
delay, communicate those measures, with full reasons, to the
Commission and the other national regulatory authorities. The
Commission shall verify the compatibility of those measures
with Community law and in particular the provisions of Article
7. If necessary, the Commission shall require the national regu-
latory authority to amend or abolish those measures.

it may adopt measures immediately.

5.
In exceptional circumstances, where a national regulatory
authority considers that there is an urgent need to act, by way
of derogation from the procedure set out in paragraphs 1 to 4,
in order to safeguard competition and protect the interests of
users,
It shall, without
delay, communicate those measures, with full reasons, to the
Commission and the other national regulatory authorities. The
Commission shall verify the compatibility of those measures
with Community law and in particular the provisions of Article
7 of this Directive. If necessary, the Commission shall require
the national regulatory authority to amend or abolish those
measures.

Omission on the part of the Commission to take action
6.
under paragraphs 4 and 5 shall not prejudice or in any way
limit its rights to act under Article 226 of the Treaty in relation
to any decision or measure of a national regulatory authority.

Unchanged

CHAPTER III

DUTIES OF NATIONAL REGULATORY AUTHORITIES

Article 7

Policy Objectives and Regulatory Principles

1. Member States shall ensure that in carrying out the regu-
latory tasks
specified in this Directive and the Specific
Measures, the national regulatory authorities take all reasonable
measures which are aimed exclusively at achieving the
objectives set out in paragraphs 2, 3 and 4. Those measures
shall be proportionate to those objectives.

1. Member States shall ensure that in carrying out the regu-
latory tasks
specified in this Directive and the Specific
Measures, the national regulatory authorities take all reasonable
measures which are aimed exclusively at achieving the
objectives set out
in paragraphs 2, 3 and 4, and abstain
from any measure which would contradict, restrict or distort
these objectives. Those measures shall be proportionate to
those objectives.

Member States shall ensure that in carrying out the regulatory
tasks specified in this Directive and the Specific Measures, in
particular those designed to ensure fair competition, national
regulatory authorities are take the utmost account of the need
for regulation to be technologically neutral; i.e. that it neither
imposes nor discriminates in favour of the use of a particular
type of technology.

Member States shall ensure that in carrying out the regulatory
tasks specified in this Directive and the Specific Measures, in
particular those designed to ensure fair competition, national
regulatory authorities give preference to measures which are
technologically neutral, without prejudice to the need to meet
interest objectives, and to ensure the
proportionate general
effective management of scarce resources.

The national regulatory authorities shall promote an open
2.
and
communications
competitive market
for
networks, electronic communications services and associated
facilities by:

electronic

Unchanged

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(a) ensuring that users derive maximum benefit in terms of

choice, price, quality and value for money;

(a) ensuring that users,

including disabled users, derive
maximum benefit in terms of choice, price, quality and
value for money;

(b) ensuring that

there is no distortion or

restriction of

Unchanged

competition in the electronic communications sector;

(c) encouraging efficient investment in infrastructure; and

(c) encouraging efficient investment in infrastructure and facili-
tating market access for new, innovative services; and

(d) ensuring the efficient allocation and assignment of radio

Unchanged

spectrum.

The national regulatory authorities shall contribute to the

3.
development of the internal market by:

(a) removing remaining obstacles to the provision of electronic
communications networks, associated facilities and elec-
tronic communications services at European level;

(b) encouraging the establishment and development of trans-
of
and

interoperability

the

European
pan-European services; and

networks

(c) ensuring that, in similar circumstances, there is no discrimi-
nation in the treatment of undertakings providing elec-
tronic communications networks and services.

(c) ensuring the development of consistent regulatory practice
in similar circum-
there is no discrimination in the treatment of
communications
electronic
they operate in the

across the European Union so that,
stances,
undertakings
networks and services, wherever
European Union.

providing

The national regulatory authorities shall promote the

4.
interests of European citizens by:

Unchanged

(a) ensuring that all citizens have affordable access

to a
universal service specified in Directive 2000/. . ./EC [on
universal service and users rights relating to electronic
communications networks and services];

(b) ensuring a high level of protection for consumers in their
dealings with suppliers, in particular by ensuring the avail-
ability of
resolution
procedures;

and inexpensive dispute

simple

(b) ensuring a high level of protection for consumers in their
dealings with suppliers, in particular by ensuring the avail-
ability of
resolution
procedures carried out be a body that is independent of
the parties involved;

and inexpensive dispute

simple

(c) ensuring a high level of protection of personal data and

Unchanged

privacy;

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AMENDED PROPOSAL

(d) requiring transparency of tariffs and conditions for using
publicly available electronic communications services; and

(e) addressing the needs of specific social groups, in particular

disabled users.

Article 8

Management of radio spectrum

1. Member States shall ensure the effective management of
radio spectrum for electronic communication services in their
territory. They shall ensure that the allocation and assignment
of radio spectrum by national regulatory authorities is based
on
and
objective,
proportionate criteria.

non-discriminatory

transparent,

National

regulatory

2.
the
harmonisation of use of radio spectrum across the Community,
consistent with the need to ensure effective and efficient use
thereof.

shall promote

authorities

1. Member States shall ensure the effective management of
radio spectrum for electronic communication services in their
territory in accordance with the objectives set out in Article 7.
They shall ensure that the allocation and assignment of radio
spectrum by national
is based on
regulatory authorities
transparent, non-discriminatory and proportionate
objective,
criteria.

Unchanged

National

3.
regulatory authorities may use auctions or
administrative pricing of spectrum in pursuit of the objectives
set out in Article 7.

4. Member States may make provision for undertakings to
trade rights to use radio spectrum with other undertakings
only where such rights to use radio spectrum have been
assigned by national
auction.
regulatory
Decisions to make provision for trading of such rights of use
in specific frequency bands shall be subject to the procedure set
out in Article 6.

authorities by

4. Member States may make provision for undertakings to
transfer rights to use radio spectrum with other undertakings.
Decisions to make provision for transfer of such rights of use
in specific frequency bands shall be subject to the procedure set
out in Article 6.

that

shall

ensure

an undertaking’s
5. Member States
intention to trade rights to use radio spectrum is notified to
the national regulatory authority responsible for spectrum
assignment and that any sales transaction takes place under
the supervision and with the consent of
that authority.
interested
regulatory authorities shall ensure that
National
parties are aware of an intended sale of rights to use radio
spectrum in order that they have the opportunity to make
an offer for such rights of use. National regulatory authorities
shall ensure that competition is not distorted as a result of any
such transaction. Where
radio spectrum use has been
harmonised through Decision 2000/. . ./EC [on a regulatory
framework for radio spectrum policy in the Community] or
other Community measures, any such trading shall not result
in change of use of that radio spectrum.

that

shall

ensure

an undertaking’s
5. Member States
intention to transfer rights to use radio spectrum is notified
to the national regulatory authority responsible for spectrum
assignment and that any transfer takes place under the super-
vision and with the prior consent of that authority. National
regulatory authorities shall ensure that interested parties are
aware of an intended transfer of rights to use radio spectrum
in order that they have the opportunity to make an offer for
such rights of use. National regulatory authorities shall ensure
that competition is not distorted as a result of any such
transfer. Where radio spectrum use has been harmonised
through Decision 2000/. . ./EC [on a regulatory framework
for
radio spectrum policy in the Community] or other
Community measures, any such transfer shall not result in
change of use of that radio spectrum.

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Decisions to allocate rights of use of spectrum shall be

6.
subject to the procedure set out in Article 6.

Unchanged

Article 9

Numbering, naming and addressing

1. Member States shall ensure that national regulatory auth-
orities control the allocation and assignment of all national
the national
numbering resources and the management of
numbering plan. Member States shall ensure that adequate
numbers and numbering ranges are provided for all publicly
available electronic communications services.

shall

equal

ensure

National

treatment

regulatory

authorities

2.
that
numbering plans and procedures are applied in a manner
to all providers of publicly
that gives
available electronic communications
In particular,
Member States shall ensure that an undertaking allocated a
range of numbers does not discriminate
against other
providers of electronic communications services as regards
the number sequences used to give access to their services.

services.

3. Member States shall ensure that the national numbering
plans, and all subsequent additions or amendments thereto, are
published, subject only to limitations imposed on the grounds
of national security.

4.
National regulatory authorities shall support the harmon-
isation of numbering resources within the Community where
that is necessary to support the development of pan-European
in
take place
such harmonisation shall
services. Any
accordance with the procedure referred to in Article 19(2).

5.
National regulatory authorities shall ensure that users
from other Member States are able to access non-geographic
numbers within their territory, except where a called subscriber
has chosen for commercial reasons to limit access by calling
parties located in specific geographical areas.

In order to ensure full global interoperability of services,
6.
the Community shall take all necessary steps to ensure the
coordination of Member States’ positions
in international
organisations and forums in which decisions are taken on
issues relating to the numbering, naming and addressing of
electronic communications networks and services.

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Article 10

Rights of way

AMENDED PROPOSAL

1. Member States shall ensure that the procedures used for
the granting of rights to install facilities on, over or under
public or private property are available to all providers of
publicly available electronic communications networks on the
basis of transparent and publicly available terms and conditions
applied without discrimination and without delay.

2. Member States shall ensure that where local authorities
retain ownership or control of undertakings operating elec-
tronic communications networks and/or
there is
effective structural separation of the function responsible for
granting rights of way
associated with
ownership or control.

from activities

services,

1. Member States shall ensure that the procedures used for
the granting of rights to install facilities on, over or under
public or private property are available to all providers of
publicly available electronic communications networks on the
basis of proportionate, transparent and publicly available terms
and conditions applied without discrimination and without
delay. Member States
and
conditions for
rights of way are applied in a consistent
manner throughout its territory.

that procedures

ensure

shall

2. Member States shall ensure that where public authorities
retain ownership or control of undertakings operating elec-
tronic communications networks and/or
there is
effective structural separation of the function responsible for
granting rights of way from activities
associated with
ownership or control.

services,

3. Member States shall ensure that effective mechanisms
exist to allow undertakings to appeal against decisions on the
granting of rights of way or undue delay of such decisions to a
body that is independent of the parties involved.

Article 11

Unchanged

Co-location and facility sharing

1. Where an undertaking providing electronic communi-
cations networks has the right under national
legislation to
install facilities on, over or under public or private property,
or may take advantage of a procedure for the expropriation or
use of property, national regulatory authorities shall encourage
the sharing of such facilities or property, in particular where
to viable alternatives
undertakings are deprived of access
because of
the environment, public
health, public security or to meet town and country planning
objectives.

the need to protect

1. Where an undertaking providing electronic communi-
cations networks has the right under national
legislation to
install facilities on, over or under public or private property,
or may take advantage of a procedure for the expropriation or
use of property, national regulatory authorities shall encourage
the sharing of such facilities or property.

a matter

Agreements
be

for co-location or
for

facility sharing shall
2.
normally
technical
agreement between the parties concerned. The national regu-
latory authority may intervene to resolve disputes, as provided
for in Article 17.

commercial

and

Unchanged

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AMENDED PROPOSAL

3.
National regulatory authorities may impose the sharing of
facilities or property (including physical co-location) on an
undertaking operating an electronic communications network
only after an appropriate period of public consultation during
which all interested parties must be given an opportunity to
express their views. Such sharing arrangements may include
rules for apportioning the costs of facility or property sharing.

alternatives because of

3.
National regulatory authorities may impose the sharing of
facilities or property (including physical co-location) on an
undertaking operating an electronic communications network,
in particular where undertakings are deprived of access to
viable
the
environment, public health, public security or to meet town
and country planning objectives, only after an appropriate
interested
period of public consultation during which all
parties must be given an opportunity to express their views.
Such sharing arrangements may include rules for apportioning
the costs of facility or property sharing.

the need to protect

Article 12

Unchanged

Accounting separation and financial reports

shall

1. Member States
require undertakings providing
public communications networks or publicly available elec-
tronic
special or
exclusive rights for the provision of services in other sectors
in the same or another Member State to:

services which have

communications

carried

electronic

to the extent

that would be required if

(a) keep separate accounts for the activities associated with the
communications networks or
provision of
these
services,
activities were
independent
out
companies, so as to identify all elements of cost and
revenue, with the basis of
their calculation and the
detailed attribution methods used, related to their activities
associated with the provision of electronic communications
networks or services including an itemised breakdown of
fixed asset and structural costs, or

legally

by

(b) have structural separation for the activities associated with
the provision of electronic communications networks or
services.

A Member State may choose not to apply the requirements
referred to in the first subparagraph to undertakings the annual
turnover of which in activities associated with electronic
communications networks or services in that Member State is
less than EUR 50 million.

information to their national

2.
Undertakings providing public communications networks
or publicly available electronic communications services shall
regulatory
provide financial
authority promptly on request and to the level of detail
required. National regulatory authorities may publish such
information as would contribute to an open and competitive
market, while respecting Community and national rules on
commercial confidentiality.

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INITIAL PROPOSAL

AMENDED PROPOSAL

3.
The financial reports of undertakings providing public
communications networks or publicly available electronic
communications services shall be drawn up and submitted to
independent audit and published. The audit shall be carried out
in accordance with the relevant Community and national rules.

This requirement shall also apply to the separate accounts
required under paragraph 1(a).

CHAPTER IV

GENERAL PROVISIONS

Article 13

Undertakings with significant market power

1. Where the Specific Measures require national regulatory
authorities to determine whether operators have significant
market power, paragraphs 2 and 3 shall apply.

2.
An undertaking shall be deemed to have significant
market power if, either individually or jointly with others, it
enjoys a position of economic strength affording it the power
independently of
to behave
competitors, customers and ultimately consumers.

to an appreciable

extent

3. Where an undertaking has significant market power on a
specific market,
it may also be deemed to have significant
market power on a closely related market, where the links
between the two markets are such as to allow the market
power held in one market
to be leveraged into the other
market, thereby strengthening the market power of the under-
taking.

Article 14

Market analysis procedure

the High-Level

Communications Group,

After consultation with national regulatory authorities
1.
the
through
issue a Decision on Relevant Product and
Commission shall
Service Markets
(cid:145)the Decision(cid:146)), addressed to
(hereinafter
Member States. The Decision shall identify those product and
service markets within the electronic communications sector,
the characteristics of which may be such as to justify the
imposition of regulatory obligations set out in the Specific
Measures, without prejudice to markets that may be defined
in specific cases under competition law. The Commission shall
also publish Guidelines on market analysis and the calculation
of significant market power (hereinafter (cid:145)the Guidelines(cid:146)).

(hereinafter

After a public consultation and consultation with national
1.
regulatory authorities through the Advisory Communications
issue a Decision on Relevant
Group, the Commission shall
Product and Service Markets
(cid:145)the Decision(cid:146)),
addressed to Member States. The Decision shall identify those
product and service markets within the electronic communi-
cations sector, the characteristics of which may be such as to
justify the imposition of regulatory obligations set out in the
Specific Measures, without prejudice to markets that may be
competition law. The
defined in specific
Commission shall also publish Guidelines on market analysis
and the assessment of significant market power (hereinafter (cid:145)the
Guidelines(cid:146)), which shall be in accordance with the case law of
the Court of Justice and the Court of First Instance of the
European Communities.

cases under

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AMENDED PROPOSAL

The Commission may indicate in the Decision those markets
which are trans-national. In such markets, the national regu-
jointly conduct the market
latory authorities concerned shall
analysis and decide on any imposition of regulatory obligations
under paragraphs 2 to 5 in a concerted fashion.

Unchanged

National regulatory authorities shall seek and receive the prior
agreement of the Commission before using market definitions
from those identified in the Decision or
that are different
before
regulatory obligations on
markets other than those identified in the Decision.

imposing sector-specific

The Commission shall regularly review the Decision.

The Commission shall regularly review the Decision and the
Guidelines.

the date of adoption of

2. Within two months of
the
Decision or any updating thereof, national regulatory auth-
orities shall carry out an analysis of the product and service
in accordance with the
markets identified in the Decision,
Guidelines. Member
national
that
shall
competition authorities are fully associated with that analysis.
The national regulatory authorities’ analysis of each market
shall be published.

ensure

States

Unchanged

3. Where a national regulatory authority is required under
Articles 16, 25 or 27 of Directive 2000/. . ./EC [on universal
service and users rights relating to electronic communications
networks and services], or Articles 7 or 8 of Directive
2000/. . ./EC [on access to and interconnection of electronic
to
and
communications
determine whether to impose, maintain or withdraw obli-
gations on undertakings, it shall determine on the basis of its
market analysis referred to in paragraph 2 whether a market
identified in the Decision is effectively competitive in a specific
geographic area in accordance with the Guidelines.

associated

networks

facilities]

regulatory obligations

4. Where a national regulatory authority concludes that the
it shall not impose sector
market is effectively competitive,
specific
Specific
in the
set out
Measures. In cases where such sector specific regulatory obli-
gations already exist, it shall withdraw such obligations placed
on undertakings in that specific market. An appropriate period
of notice shall be given to parties affected by such a withdrawal
of obligations.

5. Where a national regulatory authority determines that a
market identified in the Decision is not effectively competitive
in a specific geographic area in accordance with the Guidelines,
it shall impose the sector-specific regulatory obligations set out
in the Specific Measures, or maintain such obligations where
they already exist.

6. Measures taken pursuant to paragraphs 4 and 5 shall be
subject to the procedure set out in Article 6.

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INITIAL PROPOSAL

Article 15

Standardisation

AMENDED PROPOSAL

as

a basis

to serve
provision

1.
The Commission shall draw up and publish in the Official
Journal of the European Communities a List of standards and/or
encouraging the
specifications
harmonised
communications
networks, electronic communications services and associated
facilities. Where necessary,
the Commission may, acting in
accordance with the procedure referred to in Article 19(2),
request that standards be drawn up by European standard-
isation bodies.

for
electronic

of

specifications

2. Member States shall encourage the use of the standards
and/or
the
provision of
interfaces and/or network
functions, to the extent strictly necessary to ensure interoper-
ability and to improve freedom of choice for users.

referred to in paragraph 1,

technical

services,

for

As long as standards and/or specifications have not been
published in accordance with paragraph 1, Member States
shall encourage the implementation of standards and/or spec-
ifications adopted by European standardisation bodies such as
ETSI
Institution
European
CEN/CENELEC.

Standards

Joint

the

or

In the absence of such standards and/or specifications, Member
international
States shall encourage the implementation of
standards or recommendations adopted by the International
Telecommunications Union (ITU),
the International Organi-
sation for Standardisation (ISO) or the International Electro-
technical Committee (IEC).

Where international standards exist, Member States shall take
all reasonable measures to ensure that European standard-
isation bodies, such as ETSI or CEN/CENELEC use them, or
the relevant parts of them, as a basis for the standards they
develop, except where such international standards or relevant
parts would be ineffective.

If

specifications

the standards and/or

referred to in
3.
paragraph 1 have not been adequately implemented so that
interoperability of services in one or more Member States
cannot be ensured,
the implementation of such standards
and/or specifications may be made compulsory in accordance
with paragraph 4, to the extent strictly necessary to ensure
such interoperability and to improve freedom of choice for
users.

and invite public

4. Where the Commission intends to make the implemen-
tation of certain standards and/or specifications compulsory, it
shall publish a notice in the Official
the European
comment by all parties
Communities
concerned. The Commission, acting in accordance with the
procedure referred to in Article 19(3), shall make implemen-
tation of
standards compulsory by making
reference to them as compulsory standards in the List of
standards and/or specifications referred to in paragraph 1.

the relevant

Journal of

If

specifications

the standards and/or

referred to in
3.
paragraph 1 have not been adequately implemented or if inter-
operability of services in one or more Member States cannot be
ensured, the implementation of such standards and/or specifi-
compulsory in accordance with
cations may be made
paragraph 4, to the extent strictly necessary to ensure such
interoperability and to improve freedom of choice for users.

Unchanged

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AMENDED PROPOSAL

5. Where the Commission considers that standards and/or
specifications referred to in paragraph 1 no longer contribute
to the provision of harmonised electronic communications
services it shall, acting in accordance with the procedure
referred to in Article 19(2), remove them from the List of
standards and/or specifications referred to in paragraph 1.

6. Where the Commission considers that standards and/or
specifications referred to in paragraph 4 no longer contribute
to the provision of harmonised electronic communications
services,
it shall, acting in accordance with the procedure
referred to in Article 19(3), remove them from the List of
standards and/or specifications referred to in paragraph 1.

5. Where the Commission considers that standards and/or
specifications referred to in paragraph 1 no longer contribute
to the provision of harmonised electronic communications
services, or that they no longer meet consumers’ needs or
are hampering technological development,
it shall, acting in
accordance with the procedure referred to in Article 19(2),
remove them from the List of standards and/or specifications
referred to in paragraph 1.

6. Where the Commission considers that standards and/or
specifications referred to in paragraph 4 no longer contribute
to the provision of harmonised electronic communications
services, or that they no longer meet consumers’ needs or
are hampering technological development,
it shall, acting in
accordance with the procedure referred to in Article 19(3),
remove them from the List of standards and/or specifications
referred to in paragraph 1.

Article 16

Unchanged

Harmonisation measures

The Commission may, where appropriate, acting in
1.
accordance with the procedure referred to in Article 19(2),
issue Recommendations to Member States. Member States
shall ensure that national
take the
utmost account of those Recommendations in carrying out
their tasks. Where a national regulatory authority chooses
not to follow a Recommendation, it shall publish its reasoning.

regulatory authorities

2. Where the Commission finds, inter alia, that divergence in
regulation at national
level creates a barrier to the single
market, or where the High-Level Communications Group
advises that a binding harmonisation measure is necessary,
in accordance with the
the Commission may,
procedure referred to in Article 19(3), adopt binding harmon-
isation measures.

acting

2. Where the Commission finds, inter alia, that divergence in
regulation at national
level creates a barrier to the single
market, the Commission may, acting in accordance with the
procedure referred to in Article 19(3), take the appropriate
implementing measures. The Commission may
technical
consult the Advisory Communications Group about its views
in this matter.

Article 17

Unchanged

Dispute resolution between undertakings

1.
In the event of a dispute arising in the field covered by
this Directive or the Specific Measures between undertakings
providing electronic communications networks or services in a
authority
the national
single Member
concerned shall, at
issue a
binding decision within two months to resolve the dispute.
Member States shall ensure that all parties cooperate fully
with the national regulatory authority.

the request of either party,

regulatory

State,

State,

regulatory

the request of either party,

1.
In the event of a dispute arising in the field covered by
this Directive or the Specific Measures between undertakings
providing electronic communications networks or services in a
authority
the national
single Member
concerned shall, at
issue a
binding decision within two months to resolve the dispute.
In exceptional circumstances, and with the agreement of the
parties involved, a decision may be delayed by a further two
months. Member States shall ensure that all parties cooperate
fully with the national regulatory authority. Any obligations
imposed on an undertaking by the national
regulatory
authority in resolving a dispute shall respect the provisions
of this Directive or the Specific Measures.

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INITIAL PROPOSAL

AMENDED PROPOSAL

In resolving a dispute, the national regulatory authority

2.
shall take into account, inter alia:

Unchanged

(a) user interests,

(b) regulatory obligations or constraints imposed on any of the

parties,

(c) the desirability of stimulating innovative market offerings,
and of providing users with a wide range of electronic
communications
a
at
Community level,

national

services

and

at

a

(d) where appropriate,

technically and
commercially viable alternatives to the services or facilities
requested,

the availability of

(e) the need to maintain the integrity of electronic communi-
cations networks and the interoperability of services,

(f)

the nature of
available to meet the request,

the request

in relation to the resources

(g) the relative market positions of the parties,

(h) the public interest (e.g. the protection of the environment,

public health and safety),

(i)

the promotion of competition,

(j)

the need to maintain a universal service.

The decision of the national regulatory authority shall be
3.
published. The parties concerned shall be given a full statement
of the reasons on which it is based.

4.
The procedure referred to in paragraphs 1, 2 and 3 shall
not preclude either party bringing an action for damages before
the national courts.

Article 18

Resolution of cross-border disputes

In the event of a cross-border dispute arising in the field
1.
covered by this Directive or the Specific Measures between
parties in different Member States, which lies outside the
competence of a single national
the
regulatory authority,
procedure set out in paragraphs 2 to 5 shall be available.

2.
Any party may refer the dispute to the national regu-
latory authorities concerned. The national regulatory auth-
orities shall coordinate their efforts in order to bring about a
resolution of the dispute, in accordance with Article 17(2).

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AMENDED PROPOSAL

3.
If the dispute is not resolved within two months of its
referral to the national regulatory authorities concerned, either
party may, with the agreement of all parties, submit to the
Commission, with copies to all parties involved, a request for
a decision on the dispute. In so doing, the parties renounce any
further action under national law.

4. When the Commission receives a request as referred to in
paragraph 3,
it shall examine the case, assisted, where it
considers it appropriate, by an expert working group, and
issue a decision within three months. Member States shall
ensure that all parties fully implement the decision.

5.
In the event that no decision is issued under paragraph 4,
the parties shall be free to take further action under national
law.

Article 19

Committee

The Commission shall be assisted by a committee,
the Member States and
the Commission ((cid:145)the

1.
composed of
chaired by the
Communications Committee(cid:146)).

representatives of

representative of

2. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of Decision 1999/468/EC
shall apply, in compliance with Article 7 and Article 8 thereof.

3. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply, in compliance with Article 7 and Article 8 thereof.

The period provided for
1999/468/EC shall be three months.

in Article 5(6) of Decision

Article 20

Exchange of information

The Commission shall, where appropriate,

1.
inform the
Communications Committee of the outcome of regular consul-
tations with the representatives of network operators, service
providers, users, consumers, manufacturers and trade unions.

The Communications Committee shall, taking account of
2.
the Community’s electronic communications policy, foster the
exchange of
information between the Member States and
between the Member States and the Commission on the
situation and
activities
development of
regarding electronic communications networks and services.

regulatory

the

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INITIAL PROPOSAL

Article 21

AMENDED PROPOSAL

High-Level Communications Group

Advisory Communications Group

A High-Level Communications Group is hereby set up. It

1.
shall have advisory status and act independently.

An Advisory Communications Group is hereby set up. It

1.
shall have advisory status and act independently.

composed of

The Group shall be

2.
representatives
designated by the national regulatory authorities. It shall elect
its chairman. The Group’s secretariat shall be provided by the
Commission. The Group shall draw up its own rules of
procedure, in agreement with the Commission.

Unchanged

3.
Some tasks referred to in paragraph 4 may be carried out
by expert groups created for that purpose. Representatives of
national competition authorities and other relevant authorities
shall be invited where appropriate to participate in the work of
the Group and the expert groups.

3.
Some tasks referred to in paragraph 4 may be carried out
by expert groups created for that purpose. Representatives of
national competition authorities and other relevant authorities
may be invited where appropriate to participate in the work of
the Group and the expert groups.

4.

The Group and/or the expert groups shall:

Unchanged

(a) examine any question concerning the application of the
national measures adopted under this Directive and the
Specific Measures
to promote the uniform
in order
application of such measures in all Member States;

(b) adopt agreed positions on the detailed application of
view to facilitating

legislation, with a

Community
pan-European services;

(c) advise the Commission on drawing up the Decision on
referred to in

Relevant Product and Service Markets
Article 14;

(d) consider

issues brought

to their attention by Member
States, national regulatory authorities, market players, or
users, and propose solutions where appropriate;

(e) inform the Commission of any difficulties encountered in
implementation of this Directive and the Specific Measures;

(f) endorse codes of practice, drawn up by the Group or the
expert groups or by other interested parties, for use in
Member States, on issues related to the application of
Community legislation in the sector;

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AMENDED PROPOSAL

(g) monitor and publicise,

if appropriate by means of a
data-base, the activities of national regulatory authorities
throughout the Community, in particular national consul-
tations on specific
and subsequent
decisions by national regulatory authorities.

regulatory issues

The Group shall

5.
inform the Commission of any diver-
gences between the laws or practices of Member States
which are likely to affect the Community market for electronic
communications networks or services. The Group may, on its
own initiative, give opinions or make recommendations on all
matters relating to electronic communications networks or
services in the Community.

The Group shall

5.
inform the Commission of any diver-
gences between the laws or practices of Member States
which are likely to affect the Community market for electronic
communications networks or services, having particular regard
for the need to develop trans-national services and remedy
differences between Member
regulatory
regimes. The Group may, on its own initiative, give opinions
or make recommendations on all matters relating to electronic
communications networks or services in the Community.

States’ national

6.
The Group’s opinions and recommendations shall be
forwarded to the Commission and to the Communications
Committee. The Commission shall inform the Group of what
action, if any, it intends to take in response to its opinions and
recommendations.

Unchanged

The Group and the expert groups shall take the utmost
7.
account of the views of interested parties, including consumers,
users, network operators, service providers, manufacturers and
relevant associations at Community level.

The Group and the expert groups shall take the utmost
7.
account of the views of interested parties, including consumers,
users, network operators, service providers, manufacturers and
relevant associations at Community level. To this end,
the
Group and the expert groups shall give interested parties the
opportunity to comment on their proposed actions within a
reasonable period.

8.
The Group shall submit an annual report of its activities
and those of the expert groups to the European Parliament, the
Council and the Commission. The report shall be made public.

Deleted

Article 22

Unchanged

Publication of information

1. Member States shall ensure that up-to-date information
pertaining to the application of this Directive and the Specific
Measures is made publicly available in a manner that guar-
interested parties easy access to that information.
antees all
They shall publish a notice in their national Official Gazette
describing how and where the information is published. The
first such Notice shall be published before 1 January 2002, and
thereafter a Notice shall be published whenever there is any
change in the information contained therein.

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INITIAL PROPOSAL

AMENDED PROPOSAL

2. Member States shall send to the Commission a copy of all
such Notices at the time of publication. The Commission shall
distribute the information to the Communications Committee
and the High-Level Communications Group as appropriate.

2. Member States shall send to the Commission a copy of all
such Notices at the time of publication. The Commission shall
distribute the information to the Communications Committee
and the Advisory Communications Group as appropriate.

Article 23

Review procedures

Unchanged

The Commission shall periodically review the functioning of
this Directive and report to the European Parliament and to the
Council, on the first occasion not later than three years after
the date of entry into force of this Directive. For this purpose,
the Commission may request
from the Member States
information, which shall be supplied without delay.

CHAPTER V

FINAL PROVISIONS

Article 24

Repeal

The following Directives and Decisions are repealed with effect
from 1 January 2002:

(cid:151) Directive 90/387/EEC;

(cid:151) Decision 91/396/EEC;

(cid:151) Directive 92/44/EEC, without prejudice to Articles 3, 4, 6,

7, 8 and 10 thereof;

(cid:151) Decision 92/264/EEC;

(cid:151) Directive 95/47/EC;

(cid:151) Directive 97/13/EC;

(cid:151) Directive 97/33/EC, without prejudice to Articles 4, 6, 7, 8,

11, 12, and 14 thereof;

(cid:151) Directive 97/66/EC;

(cid:151) Directive 98/10/EC, without prejudice to Articles 16 and 17

thereof.

Article 25

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2001 at
the latest. They shall
forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

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AMENDED PROPOSAL

2. Member States shall communicate to the Commission the
text of the provisions of national law which they adopt in the
field governed by this Directive and of any subsequent
amendments to those provisions.

Article 26

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 27

Addressees

This Directive is addressed to the Member States.

ANNEX

LIST OF MARKETS TO BE INCLUDED IN THE INITIAL COMMISSION DECISION ON PRODUCT AND
SERVICE MARKETS (ARTICLE 14)

1. Markets referred to in Directive [. . .] on universal service and users’ rights relating to electronic communi-

cations networks and services

Article 16 (Retail tariff regulation) and Article 25(2) (Carrier selection)

(cid:151) the provision of connection to and use of the public telephone network at fixed locations

Article 27 (Leased lines)

(cid:151) the provision of leased lines to end-users

2. Markets referred to in Directive [. . .] on access to, and interconnection of, electronic communications

networks and associated facilities

Article 7 (cid:151) Markets defined under the former regulatory framework, where obligations should be reviewed

Interconnection (Directive 97/33/EC, as amended by Directive 98/61/EC)

(cid:151) call origination in the fixed public telephone network

(cid:151) call termination in the fixed public telephone network

(cid:151) transit services in the fixed public telephone network

(cid:151) call origination on public mobile telephone networks

(cid:151) call termination on public mobile telephone network

(cid:151) leased line interconnection (interconnection of part circuits)

Network access and special network access (Directive 97/33/EC, Directive 98/10/EC)

(cid:151) access to the fixed public telephone network, including unbundled access to the local loop

(cid:151) access to public mobile telephone networks, including carrier selection

Wholesale leased line capacity (Directive 92/44/EEC as amended by Directive 97/51/EC)

(cid:151) wholesale provision of leased line capacity to other suppliers of electronic communications networks or services

3. Markets referred to in Regulation [. . .] on unbundled access to the local loop

(cid:151) Services provided over unbundled (copper) loops