Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)
Date: 2002-03-07
Institutions: Council of the European Union, European Parliament
Subjects: access to information, approximation of laws, electronic mail, regulation of telecommunications, transmission network

24.4.2002

EN

Official Journal of the European Communities

L 108/21

DIRECTIVE 2002/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 March 2002

on the authorisation of electronic communications networks and services
(Authorisation Directive)

EUROPEAN PARLIAMENT AND THE

THE
COUNCIL OF THE EUROPEAN UNION,

from objective,
proportionate rights, conditions and procedures.

transparent, non-discriminatory and

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

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

Having regard to the opinion of
Committee (2),

the Economic and Social

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

(4)

as

The outcome of the public consultation on the 1999
the regulatory framework for electronic
review of
communications,
reflected in the Commission
communication of 26 April 2000, and the findings
reported by the Commission in its communications on
the fifth and sixth reports on the implementation of the
telecommunications regulatory package, has confirmed
the need for a more harmonised and less onerous
market access regulation for electronic communications
networks and services throughout the Community.

electronic
Convergence
between
and their
communications networks
technologies
an
of
the
authorisation system covering all comparable services in
a similar way regardless of the technologies used.

different
and services

establishment

requires

The objective of
this Directive is to create a legal
framework to ensure the freedom to provide electronic
communications networks and services, subject only to
the conditions laid down in this Directive and to any
restrictions in conformity with Article 46(1) of
the
Treaty,
in particular measures regarding public policy,
public security and public health.

This Directive covers authorisation of all electronic
communications networks and services whether they are
to
provided to the public or not. This is important
ensure that both categories of providers may benefit

(1) OJ C 365 E, 19.12.2000, p. 230 and OJ C 270 E, 25.9.2001, p.

182.

(2) OJ C 123, 25.4.2001, p. 55.
(3) Opinion of the European Parliament of 1 March 2001 (OJ C 277,
1.10.2001, p. 116), Council Common Position of 17 September
2001 (OJ C 337, 30.11.2001, p. 18) and Decision of the European
Parliament of 12 December 2001(not yet published in the Official
Journal). Council Decision of 14 February 2002.

(5)

(6)

(7)

(8)

This Directive only applies to the granting of rights to
use radio frequencies where such use involves
the
provision of an electronic communications network or
service, normally for remuneration. The self-use of radio
terminal equipment, based on the non-exclusive use of
specific radio frequencies by a user and not related to
an economic activity, such as use of a citizen’s band by
radio amateurs, does not consist of the provision of an
electronic communications network or service and is
therefore not covered by this Directive. Such use is
covered by the Directive 1999/5/EC of the European
Parliament and of the Council of 9 March 1999 on
terminal
radio equipment
equipment
their
conformity (4).

and telecommunications

recognition of

the mutual

and

Provisions regarding the free movement of conditional
access systems and the free provision of protected
services based on such systems are laid down in
Directive 98/84/EC of the European Parliament and of
the Council of 20 November 1998 on the legal
services based on, or consisting of,
protection of
conditional access (5). The authorisation of such systems
and services therefore does not need to be covered by
this Directive.

to

used

provision

allow the

The least onerous authorisation system possible should
electronic
be
in order
communications networks and services
to
new electronic
the
stimulate
communications
pan-European
communications networks and services and to allow
service providers and consumers to benefit
from the
economies of scale of the single market.

development
services

of
and

of

be

by

can

aims

achieved

Those
general
best
authorisation of all electronic communications networks
and services without requiring any explicit decision or
administrative act by the national regulatory authority
to
and by
any procedural
notification
require
notification by providers of electronic communication
their activities,
networks or services when they start

only. Where Member

requirements

limiting

States

(4) OJ L 91, 7.4.1999, p. 10.
(5) OJ L 320, 28.11.1998, p. 54.

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Official Journal of the European Communities

24.4.2002

(9)

(10)

(11)

(12)

acknowledgement

they may also require proof of such notification having
been made by means of any legally recognised postal or
electronic
the
notification. Such acknowledgement should in any case
not consist of or require an administrative act by the
national regulatory authority to which the notification
must be made.

receipt

of

of

It is necessary to include the rights and obligations of
undertakings under general authorisations explicitly in
such authorisations in order to ensure a level playing
the Community and to facilitate
field throughout
interconnection between
cross-border negotiation of
public communications networks.

authorisation

entitles
communications networks

undertakings
The
general
providing electronic
and
services to the public to negotiate interconnection under
the conditions of Directive 2002/19/EC of the European
Parliament and of the Council of 7 March 2002 on
electronic
access
communication
facilities
(Access Directive) (1). Undertakings providing electronic
communications networks and services other than to
the public can negotiate interconnection on commercial
terms.

interconnection

associated

networks

and

and

to,

of,

objectively justified, proportionate and not exceed what
interest objectives as
is necessary to achieve general
defined
conformity with
in
States
by Member
Community law. The responsibility for compliance with
the conditions attached to the right
to use a radio
frequency and the relevant conditions attached to the
general authorisation should in any case lie with the
undertaking to whom the right of use for the radio
frequency has been granted.

(13) As part of the application procedure for granting rights
to use a radio frequency, Member States may verify
whether the applicant will be able to comply with the
conditions attached to such rights. For this purpose the
applicant may be requested to submit
the necessary
information to prove his ability to comply with these
conditions. Where such information is not provided, the
application for the right to use a radio frequency may
be rejected.

(14) Member States

are neither obliged to grant nor
prevented from granting rights to use numbers from the
national numbering plan or rights to install facilities to
undertakings
electronic
other
communications networks or services.

providers

than

of

The granting of specific rights may continue to be
necessary for the use of radio frequencies and numbers,
including short codes,
from the national numbering
plan. Rights to numbers may also be allocated from a
European numbering plan,
including for example the
virtual country code (cid:145)3883(cid:146) which has been attributed to
member countries of the European Conference of Post
and Telecommunications (CEPT). Those rights of use
is
should
unavoidable in view of the scarcity of radio frequencies
and the need to ensure the efficient use thereof.

except where

restricted

this

not

be

are

radio
This Directive does not prejudice whether
frequencies
to providers of
assigned directly
electronic communication networks or services or to
entities that use these networks or services. Such entities
may be radio or television broadcast content providers.
Without prejudice to specific criteria and procedures
adopted by Member States to grant rights of use for
radio frequencies to providers of radio or television
interest
broadcast content services,
objectives
the
procedure for assignment of radio frequencies should in
any event be objective, transparent, non-discriminatory
and proportionate. In accordance with case law of the
Court of Justice, any national restrictions on the rights
the Treaty should be
guaranteed by Article 49 of

in conformity with Community law,

to pursue general

(15)

(16)

(17)

(18)

The conditions, which may be attached to the general
authorisation and to the specific rights of use, should be
limited
to ensure
compliance with requirements and obligations under
Community law and national
law in accordance with
Community law.

strictly necessary

to what

is

In the case of electronic communications networks and
services not provided to the public it is appropriate to
impose fewer and lighter conditions than are justified
for electronic communications networks and services
provided to the public.

Specific obligations which may be imposed on providers
of electronic communications networks and services in
accordance with Community law by virtue of
their
as defined in Directive
significant market power
2002/21/EC of
the
Council of 7 March 2002 on a common regulatory
framework for electronic communications networks and
services (Framework Directive) (2) should be imposed
separately from the general rights and obligations under
the general authorisation.

the European Parliament and of

general

authorisation

contain
The
conditions which are
electronic
communications sector. It should not be made subject

should
to

only
the

specific

(1) See page 7 of this Official Journal.

(2) See page 33 of this Official Journal.

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Official Journal of the European Communities

L 108/23

communications

to conditions which are already applicable by virtue of
other existing national law which is not specific to the
electronic
the
national
regulatory authorities may inform network
operators and service providers about other legislation
through
concerning
references on their websites.

sector. Nevertheless,

business,

instance

their

for

(25)

with

general

authorisation

respect
in particular

Providers of electronic communications networks and
services may need a confirmation of their rights under
to
the
interconnection and rights of way,
to
facilitate negotiations with other, regional or local, levels
in other
of government or with service providers
Member States. For this purpose the national regulatory
authorities should provide declarations to undertakings
either upon request or alternatively as an automatic
general
response
to
by
authorisation.
themselves constitute entitlements to rights nor should
any rights under the general authorisation or rights of
use or the exercise of such rights depend upon a
declaration.

declarations

notification

a
Such

should

under

not

the

(26) Where undertakings

their applications

for
find that
rights to install facilities have not been dealt with in
in Directive
accordance with the principles set out
2002/21/EC (Framework Directive) or where
such
decisions are unduly delayed, they should have the right
to appeal against decisions or delays in such decisions
in accordance with that Directive.

(27)

(28)

The penalties for non-compliance with conditions under
the general authorisation should be commensurate with
the infringement. Save in exceptional circumstances, it
would not be proportionate to suspend or withdraw the
right to provide electronic communications services or
the right to use radio frequencies or numbers where an
undertaking did not comply with one or more of the
conditions under
is
without prejudice to urgent measures which the relevant
authorities of the Member States may need to take in
case of serious threats to public safety, security or
health or to economic and operational interests of other
undertakings. This Directive should also be without
prejudice to any claims between undertakings
for
compensation for damages under national law.

the general authorisation. This

to

service

and for

reporting

the national

and
providers
Subjecting
information obligations can be cumbersome, both for
the undertaking
regulatory
authority concerned. Such obligations should therefore
be proportionate, objectively justified and limited to
what is strictly necessary. It is not necessary to require
systematic and regular proof of compliance with all
conditions under the general authorisation or attached
to rights of use. Undertakings have a right to know the
purposes for which the information they should provide
will be used. The provision of information should not
be a condition for market access. For statistical purposes
a notification may be required from providers of
electronic communication networks or services when
they cease activities.

(19)

The requirement to publish decisions on the granting of
rights to use frequencies or numbers may be fulfilled by
making these decisions publicly accessible via a website.

(20)

the conveyance of

The same undertaking, for example a cable operator,
can offer both an electronic communications service,
such as
television signals, and
services not covered under this Directive, such as the
commercialisation of an offer of sound or television
broadcasting content services, and therefore additional
obligations can be imposed on this undertaking in
relation to its activity as a content provider or
distributor, according to provisions other than those of
this Directive, without prejudice to the list of conditions
laid in the Annex to this Directive.

(21) When granting rights of use for

radio frequencies,
numbers or
the relevant
authorities may inform the undertakings to whom they
the relevant conditions in the
grant such rights of
general authorisation.

to install

facilities,

rights

(22) Where the demand for radio frequencies in a specific
and
range
their
exceeds
transparent procedures
the
assignment of such frequencies in order to avoid any
scarce
discrimination and optimise use of
resources.

availability,
appropriate
should be followed for

those

(23) National

should

ensure,

regulatory

in
authorities
establishing criteria for competitive or comparative
selection procedures, that the objectives in Article 8 of
Directive 2002/21/EC (Framework Directive) are met. It
would therefore not be contrary to this Directive if the
and
application
proportionate
the
development of competition would have the effect of
excluding certain undertakings from a competitive or
comparative selection procedure for a particular radio
frequency.

non-discriminatory
promote

objective,

selection

criteria

to

of

(24) Where the harmonised assignment of radio frequencies
to particular undertakings has been agreed at European
level, Member States should strictly implement such
agreements in the granting of rights of use of radio
frequencies from the national frequency usage plan.

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(29)

This Directive should be without prejudice to Member
States’ obligations to provide any information necessary
the defence of Community interests within the
for
context of
international agreements. This Directive
should also be without prejudice to any reporting
obligations under legislation which is not specific to the
electronic communications sector such as competition
law.

(30) Administrative charges may be imposed on providers of
electronic communications services in order to finance
the national regulatory authority in
the activities of
managing the authorisation system and for the granting
of rights of use. Such charges should be limited to cover
the actual administrative costs for those activities. For
this purpose transparency should be created in the
income
regulatory
authorities by means of annual reporting about the total
sum of charges collected and the administrative costs
incurred. This will allow undertakings to verify that
administrative costs and charges are in balance.

expenditure

national

and

of

(31)

(32)

to

for

rights

except

to individual undertakings

Systems for administrative charges should not distort
competition or create barriers for entry into the market.
With a general authorisation system it will no longer be
possible to attribute administrative costs and hence
charges
the
granting of rights to use numbers, radio frequencies and
for
applicable
administrative charges
should be in line with the
authorisation system. An
principles of
example of a fair, simple and transparent alternative for
these charge attribution criteria could be a turnover
related distribution key. Where administrative charges
are very low, flat rate charges, or charges combining a
flat rate basis with a turnover related element could also
be appropriate.

facilities. Any

a general

install

to ensure the optimal use of

In addition to administrative charges, usage fees may be
levied for the use of radio frequencies and numbers as
such
an instrument
resources. Such fees should not hinder the development
of innovative services and competition in the market.
This Directive is without prejudice to the purpose for
which fees for rights of use are employed. Such fees
may for instance be used to finance activities of national
covered by
that
regulatory authorities
of
administrative
case
charges. Where,
competitive or comparative selection procedures,
fees
for rights of use for radio frequencies consist entirely or
partly of a one-off amount, payment arrangements
should ensure that such fees do not in practice lead to
selection on the basis of criteria unrelated to the
objective of ensuring optimal use of radio frequencies.
The Commission may publish on a regular basis

cannot be

the

in

benchmark studies with regard to best practices for the
the assignment of
assignment of
numbers or the granting of rights of way.

radio frequencies,

charges

(33) Member States may need to amend rights, conditions,
procedures,
to general
and fees
authorisations and rights of use where this is objectively
justified. Such changes should be duly notified to all
interested parties in good time, giving them adequate
opportunity to express
their views on any such
amendments.

relating

(34)

that

access

to any

charges,

transparency requires

The objective of
service
providers, consumers and other interested parties have
easy
information regarding rights,
fees and decisions
conditions, procedures,
concerning the provision of electronic communications
services, rights of use of radio frequencies and numbers,
rights to install facilities, national frequency usage plans
and national numbering plans. The national regulatory
authorities have an important task in providing such
information and keeping it up to date. Where such
rights are administered by other levels of government
the national regulatory authorities should endeavour to
to
create
information regarding such rights.

user-friendly

instrument

access

for

a

(35)

The proper functioning of
the single market on the
basis of the national authorisation regimes under this
Directive should be monitored by the Commission.

(36)

the new regulatory framework for

In order to arrive at a single date of application of all
elements of
the
electronic communications sector,
it is important that
the process of national transposition of this Directive
and of alignment of the existing licences with the new
rules take place in parallel. However, in specific cases
where the replacement of authorisations existing on the
date of entry into force of this Directive by the general
authorisation and the
in
accordance with this Directive would lead to an increase
in the obligations for service providers operating under
an existing authorisation or to a reduction of
their
themselves of an
rights, Member States may avail
additional nine months after the date of application of
this Directive for alignment of such licences, unless this
would have a negative
rights and
obligations of other undertakings.

effect on the

rights of use

individual

(37)

There may be circumstances under which the abolition
to
of an authorisation condition regarding access
electronic
communications networks would create
serious hardship for one or more undertakings that have
benefited from the condition.
In such cases further
transitional
arrangements may be granted by the
Commission, upon request by a Member State.

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Official Journal of the European Communities

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(38)

and

and

simplification

Since the objectives of the proposed action, namely the
of
electronic
harmonisation
communications
the
for
conditions
rules
authorisation of networks and services
cannot be
sufficiently achieved by the Member States and can
the
the scale and effects of
therefore, by reason of
action, be better achieved at Community level,
the
Community may adopt measures in accordance with the
principle of subsidiarity as set out in Article 5 of the
Treaty.
of
proportionality, as set out in that Article, this Directive
does not go beyond what
those
objectives,

accordance with

is necessary for

principle

the

In

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objective and scope

1.
The aim of this Directive is to implement an internal
market in electronic communications networks and services
through the harmonisation and simplification of authorisation
rules and conditions in order to facilitate their provision
throughout the Community.

This Directive shall apply to authorisations

2.
the
provision of electronic communications networks and services.

for

Article 2

Definitions

the conditions set out in this Directive. To this end, Member
shall not prevent an undertaking from providing
States
electronic communications networks or services, except where
this is necessary for the reasons set out in Article 46(1) of the
Treaty.

The provision of electronic communications networks or
2.
the provision of electronic communications
services may,
without prejudice to the specific obligations referred to in
Article 6(2) or rights of use referred to in Article 5, only be
subject to a general authorisation. The undertaking concerned
may be required to submit a notification but may not be
required to obtain an explicit decision or
any other
administrative act by the national regulatory authority before
exercising the rights stemming from the authorisation. Upon
notification, when required, an undertaking may begin activity,
where necessary subject to the provisions on rights of use in
Articles 5, 6 and 7.

electronic

3.
The notification referred to in paragraph 2 shall not
entail more than a declaration by a legal or natural person to
the national regulatory authority of the intention to commence
the provision of
communication networks or
services and the submission of the minimal information which
is required to allow the national regulatory authority to keep a
register or
list of providers of electronic communications
networks and services. This information must be limited to
what is necessary for the identification of the provider, such as
company registration numbers, and the provider’s contact
persons,
the
network or service, and an estimated date for starting the
activity.

the provider’s address, a short description of

For the purposes of this Directive, the definitions set out
1.
in Article 2 of Directive 2002/21/EC (Framework Directive)
shall apply.

Article 4

2.

The following definitions shall also apply:

Minimum list of rights derived from the general
authorisation

(a)

(b)

(cid:145)general authorisation(cid:146) means a legal framework established
by the Member State ensuring rights for the provision of
electronic communications networks or services and laying
down sector specific obligations that may apply to all or to
specific types of electronic communications networks and
services, in accordance with this Directive;

(cid:145)harmful interference(cid:146) means interference which endangers
the functioning of a radionavigation service or of other
safety services or which otherwise seriously degrades,
obstructs or repeatedly interrupts a radiocommunications
service operating in accordance with the
applicable
Community or national regulations.

Article 3

General authorisation of electronic communications
networks and services

1. Member States
shall ensure the freedom to provide
electronic communications networks and services, subject to

Undertakings authorised pursuant to Article 3, shall have

1.
the right to:

(a) provide electronic communications networks and services;

(b) have their application for the necessary rights to install
facilities considered in accordance with Article 11 of
Directive 2002/21/EC (Framework Directive).

such

2. When
electronic
undertakings
communications networks or services to the public the general
authorisation shall also give them the right to:

provide

(a) negotiate interconnection with and where applicable obtain
interconnection from other providers of

access

to or

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Official Journal of the European Communities

24.4.2002

publicly available communications networks and services
covered by a general authorisation anywhere in the
Community under the conditions of and in accordance
with Directive 2002/19/EC (Access Directive);

frequency plan. The latter time limit shall be without prejudice
to any applicable international agreements relating to the use
of radio frequencies or of orbital positions.

(b) be given an opportunity to be designated to provide
different elements of a universal service and/or to cover
different parts of the national territory in accordance with
Directive 2002/22/EC of the European Parliament and of
the Council of 7 March 2002 on universal service and
users’
communications
to
networks and services (Universal Service Directive) (1).

electronic

relating

rights

4. Where it has been decided, after consultation with
interested parties in accordance with Article 6 of Directive
2002/21/EC (Framework Directive),
rights for use of
numbers of exceptional economic value are to be granted
through competitive or comparative selection procedures,
three
Member States may extend the maximum period of
weeks by up to three weeks.

that

regard

competitive
With
procedures for radio frequencies Article 7 shall apply.

comparative

or

to

selection

Article 5

Rights of use for radio frequencies and numbers

5. Member States shall not limit the number of rights of use
to be granted except where this is necessary to ensure the
efficient use of radio frequencies in accordance with Article 7.

1. Member States shall, where possible, in particular where
the risk of harmful interference is negligible, not make the use
of radio frequencies subject to the grant of individual rights of
use but shall include the conditions for usage of such radio
frequencies in the general authorisation.

2. Where it is necessary to grant individual rights of use for
radio frequencies and numbers, Member States shall grant such
rights, upon request, to any undertaking providing or using
networks or services under the general authorisation, subject
to the provisions of Articles 6, 7 and 11(1)(c) of this Directive
and any other
those
2002/21/EC
resources
(Framework Directive).

rules ensuring the efficient use of
accordance with Directive

in

Article 6

Conditions attached to the general authorisation and to
the rights of use for radio frequencies and for numbers,
and specific obligations

1.
The general authorisation for the provision of electronic
communications networks or services and the rights of use for
radio frequencies and rights of use for numbers may be subject
only to the conditions listed respectively in parts A, B and C of
the Annex. Such conditions shall be objectively justified in
relation
concerned,
non-discriminatory, proportionate and transparent.

network

service

the

or

to

Without prejudice to specific criteria and procedures adopted
by Member States to grant rights of use of radio frequencies to
providers of radio or television broadcast content services with
a view to pursuing general
interest objectives in conformity
with Community law, such rights of use shall be granted
through open, transparent and non-discriminatory procedures.
When granting rights of use, Member States shall specify
whether those rights can be transferred at the initiative of the
right holder, and under which conditions, in the case of radio
frequencies,
in accordance with Article 9 of Directive
2002/21/EC (Framework Directive). Where Member States
grant rights of use for a limited period of time, the duration
shall be appropriate for the service concerned.

Decisions on rights of use shall be taken, communicated
3.
the
and made public as soon as possible after receipt of
complete application by the national
regulatory authority,
within three weeks in the case of numbers that have been
allocated for specific purposes within the national numbering
plan and within six weeks in the case of radio frequencies that
have been allocated for specific purposes within the national

(1) See page 51 of this Official Journal.

2.
Specific obligations which may be imposed on providers
of electronic communications networks and services under
Articles 5(1), 5(2), 6 and 8 of Directive 2002/19/EC (Access
Directive) and Articles 16, 17, 18 and 19 of Directive
Service Directive) or on those
2002/22/EC (Universal
designated to provide universal service under the said Directive
shall be legally separate from the rights and obligations under
the general authorisation. In order to achieve transparency for
undertakings, the criteria and procedures for imposing such
specific obligations on individual undertakings shall be referred
to in the general authorisation.

The general authorisation shall only contain conditions
3.
which are specific for that sector and are set out in Part A of
the Annex and shall not duplicate conditions which are
applicable
to undertakings by virtue of other national
legislation.

4. Member States shall not duplicate the conditions of the
general authorisation where they grant the right of use for
radio frequencies or numbers.

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Official Journal of the European Communities

L 108/27

Article 7

Procedure for limiting the number of rights of use to be
granted for radio frequencies

1. Where a Member State is considering whether to limit
the number of
radio
frequencies, it shall inter alia:

rights of use to be granted for

(a) give due weight to the need to maximise benefits for users

and to facilitate the development of competition;

(b) give all interested parties, including users and consumers,
the opportunity to express their views on any limitation in
accordance with Article 6 of Directive 2002/21/EC
(Framework Directive);

(c) publish any decision to limit the granting of rights of use,

stating the reasons therefor;

(d) after having determined the procedure, invite applications

for rights of use; and

(e) review the limitation at reasonable intervals or at

the

reasonable request of affected undertakings.

2. Where a Member State concludes that further rights of
use for radio frequencies can be granted, it shall publish that
conclusion and invite applications for such rights.

3. Where the granting of rights of use for radio frequencies
needs to be limited, Member States shall grant such rights on
the basis of
selection criteria which must be objective,
transparent, non-discriminatory and proportionate. Any such
selection criteria must give due weight to the achievement of
the
of Article 8 of Directive 2002/21/EC
objectives
(Framework Directive).

4. Where competitive or comparative selection procedures
are to be used, Member States may extend the maximum
period of six weeks referred to in Article 5(3) for as long as
necessary to ensure that such procedures are fair, reasonable,
open and transparent to all interested parties, but by no longer
than eight months.

These time limits shall be without prejudice to any applicable
radio
relating
international
frequencies and satellite coordination.

to the use of

agreements

5.
This Article is without prejudice to the transfer of rights
of use for radio frequencies in accordance with Article 9 of
Directive 2002/21/EC (Framework Directive).

such radio frequencies

undertakings to which the radio frequencies shall be assigned
have been selected in accordance with international agreements
and Community rules, Member States shall grant the right of
use for
in accordance therewith.
Provided that all national conditions attached to the right to
use the radio frequencies concerned have been satisfied in the
case of a common selection procedure, Member States shall
not
impose any further conditions, additional criteria or
procedures which would restrict, alter or delay the correct
implementation of
the common assignment of such radio
frequencies.

Article 9

Declarations to facilitate the exercise of rights to install
facilities and rights of interconnection

that

issue

applicable,

request of

one week,

shall, within

confirming, where

an undertaking, national

regulatory
the
At
standardised
authorities
declarations,
the
undertaking has submitted a notification under Article 3(2)
and detailing under what circumstances any undertaking
providing electronic communications networks or
services
under the general authorisation has the right
to apply for
rights to install
facilities, negotiate interconnection, and/or
obtain access or interconnection in order to facilitate the
levels of
exercise of
government or
in relation to other undertakings. Where
appropriate such declarations may also be issued as an
automatic reply following the notification referred to in
Article 3(2).

instance at other

those rights

for

Article 10

Compliance with the conditions of the general
authorisation or of rights of use and with specific
obligations

radio frequencies or numbers

National regulatory authorities may require undertakings
1.
providing electronic communications networks or
services
covered by the general authorisation or enjoying rights of use
to provide information
for
the
necessary to verify compliance with the conditions of
general authorisation or of rights of use or with the specific
obligations referred to in Article 6(2),
in accordance with
Article 11.

regulatory authority finds that an
2. Where a national
undertaking does not comply with one or more of
the
conditions of the general authorisation, or of rights of use or
with the specific obligations referred to in Article 6(2), it shall
the
notify the undertaking of
undertaking a reasonable opportunity to state its views or
remedy any breaches within:

findings and give

those

Article 8

Harmonised assignment of radio frequencies

(cid:151) one month after notification, or

Where the usage of radio frequencies has been harmonised,
access conditions and procedures have been agreed, and

(cid:151) a shorter period agreed by the undertaking or stipulated by
repeated

regulatory authority in case of

the national
breaches, or

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24.4.2002

(cid:151) a

longer period decided by the national

regulatory

authority.

If

the undertaking concerned does not

3.
remedy the
breaches within the period as referred to in paragraph 2, the
take appropriate and proportionate
relevant authority shall
regard,
measures aimed at ensuring compliance.
Member States may empower
to
impose financial penalties where appropriate. The measures
are based shall be
and the
communicated to the undertaking concerned within one week
of their adoption and shall stipulate a reasonable period for
the undertaking to comply with the measure.

reasons on which they

the relevant authorities

In this

4.
Notwithstanding the provisions of paragraphs 2 and 3,
Member States may empower the relevant authority to impose
financial penalties where appropriate on undertakings
for
failure to provide information in accordance with obligations
imposed under Article 11(1)(a) or (b) of
this Directive or
Article 9 of Directive 2002/19/EC (Access Directive) within a
reasonable period stipulated by the national
regulatory
authority.

In cases of

serious and repeated breaches of

5.
the
conditions of the general authorisation, the rights of use or
specific obligations referred to in Article 6(2), where measures
aimed at ensuring compliance as referred to in paragraph 3 of
this Article have failed, national regulatory authorities may
prevent an undertaking from continuing to provide electronic
communications networks or services or suspend or withdraw
rights of use.

the general authorisation,

6.
Irrespective of the provisions of paragraphs 2, 3 and 5,
where the relevant authority has evidence of a breach of the
rights of use or
conditions of
specific obligations referred to in Article 6(2) that represents
an immediate and serious threat
to public safety, public
security or public health or will create serious economic or
operational problems for other providers or users of electronic
communications networks or services,
it may take urgent
interim measures
to remedy the situation in advance of
reaching a final decision. The undertaking concerned shall
thereafter be given a reasonable opportunity to state its view
and propose any remedies. Where appropriate, the relevant
authority may confirm the interim measures.

Undertakings

7.
to appeal against
shall have the right
measures taken under this Article in accordance with the
procedure referred to in Article 4 of Directive 2002/21/EC
(Framework Directive).

authorisation, national regulatory authorities may only require
the general
information under
to provide
undertakings
authorisation,
for rights of use or the specific obligations
referred to in Article 6(2) that is proportionate and objectively
justified for:

(a) systematic or case-by-case verification of compliance with
conditions 1 and 2 of Part A, condition 6 of Part B and
condition 7 of Part C of the Annex and of compliance
with obligations as referred to in Article 6(2);

(b) case-by-case verification of compliance with conditions as
set out in the Annex where a complaint has been received
regulatory authority has other
or where the national
reasons to believe that a condition is not complied with or
in case of an investigation by the national regulatory
authority on its own initiative;

(c) procedures for and assessment of requests for granting

rights of use;

(d) publication of comparative overviews of quality and price

of services for the benefit of consumers;

(e) clearly defined statistical purposes;

(f) market analysis for the purposes of Directive 2002/19/EC
(Access Directive) or Directive 2002/22/EC (Universal
Service Directive).

The information referred to in points (a), (b), (d), (e) and (f) of
the first subparagraph may not be required prior to or as a
condition for market access.

national
to provide

require
2. Where
undertakings
referred to in
paragraph 1, they shall inform them of the specific purpose
for which this information is to be used.

regulatory
information as

authorities

Article 12

Administrative charges

Any administrative charges imposed on undertakings
1.
providing
general
authorisation or to whom a right of use has been granted
shall:

a network under

service or

the

a

Article 11

(a)

Information required under the general authorisation, for
rights of use and for the specific obligations

1. Without
obligations under national

prejudice

information

to
reporting
legislation other than the general

and

in total, cover only the administrative costs which will be
incurred in the management, control and enforcement of
the general authorisation scheme and of rights of use and
of specific obligations as referred to in Article 6(2), which
cooperation,
include
may
harmonisation
analysis,
monitoring compliance and other market control, as well
as regulatory work involving preparation and enforcement
of secondary legislation and administrative decisions, such
as decisions on access and interconnection; and

standardisation, market

international

costs
and

for

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L 108/29

(b) be imposed upon the individual undertakings

in an
transparent and proportionate manner which
objective,
minimises additional administrative costs and attendant
charges.

national

regulatory

2. Where
impose
administrative charges, they shall publish a yearly overview of
their administrative costs and of the total sum of the charges
collected. In the light of the difference between the total sum
the charges and the administrative costs, appropriate
of
adjustments shall be made.

authorities

Article 13

Fees for rights of use and rights to install facilities

Member States may allow the relevant authority to impose fees
for the rights of use for radio frequencies or numbers or rights
to install facilities on, over or under public or private property
which reflect the need to ensure the optimal use of these
resources. Member States shall ensure that such fees shall be
objectively
and
proportionate in relation to their intended purpose and shall
take into account
the objectives in Article 8 of Directive
2002/21/EC (Framework Directive).

non-discriminatory

transparent,

justified,

the national

levels of government,

2. Where information as referred to in paragraph 1 is held
in particular information
at different
regarding procedures and conditions on rights
to install
facilities,
regulatory authority shall make all
reasonable efforts, bearing in mind the costs involved, to create
including
a user-friendly overview of all such information,
information on the relevant
levels of government and the
responsible authorities,
in order to facilitate applications for
rights to install facilities.

Article 16

Review procedures

The Commission shall periodically review the functioning of
the national authorisation systems and the development of
cross-border service provision within the Community and
report to the European Parliament and to the Council on the
first occasion not
later than three years after the date of
application of this Directive referred to in Article 18(1), second
subparagraph. For this purpose, the Commission may request
from the Member States information, which shall be supplied
without undue delay.

Article 14

Article 17

Amendment of rights and obligations

Existing authorisations

1. Member States shall ensure that the rights, conditions
and procedures concerning general authorisations and rights of
use or rights to install
facilities may only be amended in
objectively justified cases and in a proportionate manner.
Notice shall be given in an appropriate manner of
the
intention to make such amendments and interested parties,
including users and consumers, shall be allowed a sufficient
period of
their views on the proposed
amendments, which shall be no less than four weeks except in
exceptional circumstances.

time to express

2. Member States shall not restrict or withdraw rights to
install facilities before expiry of the period for which they were
granted except where
in
conformity with relevant national provisions
regarding
compensation for withdrawal of rights.

justified and where applicable

Article 15

Publication of information

1. Member States shall ensure that all relevant information
on rights, conditions, procedures, charges, fees and decisions
concerning general
is
published and kept up to date in an appropriate manner so as
to provide easy access to that information for all
interested
parties.

and rights of use

authorisations

1. Member States
shall bring authorisations already in
existence on the date of entry into force of this Directive into
line with the provisions of this Directive by at the latest the
date of application referred to in Article 18(1),
second
subparagraph.

the rights or an extension of

2. Where application of paragraph 1 results in a reduction
of
the obligations under
authorisations already in existence, Member States may extend
the validity of those rights and obligations until at the latest
nine months after the date of application referred to in Article
18(1), second subparagraph, provided that the rights of other
undertakings under Community law are not affected thereby.
Member States shall notify such extensions to the Commission
and state the reasons therefor.

3. Where the Member State concerned can prove that the
abolition of an authorisation condition regarding access to
electronic communications networks, which was
in force
before the date of entry into force of this Directive, creates
excessive difficulties for undertakings that have benefited from
mandated access to another network, and where it
is not
possible for these undertakings to negotiate new agreements
on reasonable commercial terms before the date of application
referred to in Article 18(1), second subparagraph, Member
States may request a temporary prolongation of the relevant
condition(s). Such requests shall be submitted by the date of
application referred to in Article 18(1), second subparagraph,

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24.4.2002

at the latest, and shall specify the condition(s) and period for
which the temporary prolongation is requested.

The Member State shall inform the Commission of the reasons
for requesting a prolongation. The Commission shall consider
such a request, taking into account the particular situation in
that Member State and of the undertaking(s) concerned, and
the need to ensure a coherent regulatory environment at a
Community level. It shall take a decision on whether to grant
or reject the request, and where it decides to grant the request,
on the scope and duration of the prolongation to be granted.
The Commission shall communicate its decision to the
Member State concerned within six months after receipt of the
shall be
application for a prolongation. Such decisions
published in the Official Journal of the European Communities.

When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such
reference on the occasion of
their official publication. The
methods of making such reference shall be laid down by
Member States.

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 19

Entry into force

This Directive shall enter
publication in the Official Journal of the European Communities.

into force on the day of

its

Article 18

Transposition

shall

1. Member States
laws,
regulations and administrative provisions necessary to comply
with this Directive by 24 July 2003 at the latest. They shall
forthwith inform the Commission thereof.

and publish the

adopt

They shall apply those measures from 25 July 2003.

Article 20

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 7 March 2002.

For the European Parliament

The President

P. COX

For the Council

The President

J. C. APARICIO

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L 108/31

ANNEX

The conditions listed in this Annex provide the maximum list of conditions which may be attached to general
authorisations (Part A), rights to use radio frequencies (Part B) and rights to use numbers (Part C) as referred to in
Article 6(1) and Article 11(1)(a).

A. Conditions which may be attached to a general authorisation

1.

Financial contributions to the funding of universal service in conformity with Directive 2002/22/EC (Universal
Service Directive).

2. Administrative charges in accordance with Article 12 of this Directive.

3.

Interoperability of services and interconnection of networks in conformity with Directive 2002/19/EC (Access
Directive).

4. Accessibility of numbers from the national numbering plan to end-users including conditions in conformity

with Directive 2002/22/EC (Universal Service Directive).

5.

Environmental and town and country planning requirements, as well as requirements and conditions linked to
the granting of access to or use of public or private land and conditions linked to co-location and facility
sharing in conformity with Directive 2002/22/EC (Framework Directive) and including, where applicable, any
financial or technical guarantees necessary to ensure the proper execution of infrastructure works.

6.

(cid:145)Must carry(cid:146) obligations in conformity with Directive 2002/22/EC (Universal Service Directive).

7.

Personal data and privacy protection specific to the electronic communications sector in conformity with
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 (1).

8. Consumer protection rules specific to the electronic communications sector including conditions in conformity

with Directive 2002/22/EC (Universal Service Directive).

9. Restrictions in relation to the transmission of illegal content, in accordance with Directive 2000/31/EC of the
European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society
in the internal market (2) and restrictions in relation to the
services,
transmission of harmful content
in accordance with Article 2a(2) of 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 (3).

in particular electronic commerce,

10. Information to be provided under a notification procedure in accordance with Article 3(3) of this Directive

and for other purposes as included in Article 11 of this Directive.

11. Enabling of legal interception by competent national authorities in conformity with Directive 97/66/EC and
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of such data (4).

12. Terms of use during major disasters to ensure communications between emergency services and authorities

and broadcasts to the general public.

13. Measures regarding the limitation of exposure of the general public to electromagnetic fields caused by

electronic communications networks in accordance with Community law.

14. Access obligations other than those provided for in Article 6(2) of this Directive applying to undertakings
providing electronic communications networks or services, in conformity with Directive 2002/19/EC (Access
Directive).

(1) OJ L 24, 30.1.1998, p. 1.
(2) OJ L 178, 17.7.2000, p. 1.
(3) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council

(OJ L 202, 30.7.1997, p. 60).
(4) OJ L 281, 23.11.1995, p. 31.

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15. Maintenance of the integrity of public communications networks in accordance with Directive 2002/19/EC
(Access Directive) and Directive 2002/22/EC (Universal Service Directive) including by conditions to prevent
electromagnetic interference between electronic communications networks and/or services in accordance with
Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating
to electromagnetic compatibility (1).

16. Security of public networks against unauthorised access according to Directive 97/66/EC.

17. Conditions for the use of radio frequencies, in conformity with Article 7(2) of Directive 1999/5/EC, where
such use is not made subject to the granting of individual rights of use in accordance with Article 5(1) of this
Directive.

18. Measures designed to ensure compliance with the standards and/or specifications referred to in Article 17 of

Directive 2002/21/EC (Framework Directive).

B. Conditions which may be attached to rights of use for radio frequencies

1. Designation of service or type of network or technology for which the rights of use for the frequency has been
granted, including, where applicable, the exclusive use of a frequency for the transmission of specific content
or specific audiovisual services.

2.

Effective and efficient use of frequencies in conformity with Directive 2002/21/EC (Framework Directive),
including, where appropriate, coverage requirements.

3. Technical and operational conditions necessary for the avoidance of harmful interference and for the limitation
of exposure of the general public to electromagnetic fields, where such conditions are different from those
included in the general authorisation.

4. Maximum duration in conformity with Article 5 of this Directive, subject to any changes in the national

frequency plan.

5. Transfer of rights at the initiative of the right holder and conditions for such transfer in conformity with

Directive 2002/21/EC (Framework Directive).

6. Usage fees in accordance with Article 13 of this Directive.

7. Any commitments which the undertaking obtaining the usage right has made in the course of a competitive

or comparative selection procedure.

8. Obligations under relevant international agreements relating to the use of frequencies.

C. Conditions which may be attached to rights of use for numbers

1. Designation of service for which the number shall be used, including any requirements linked to the provision

of that service.

2.

Effective and efficient use of numbers in conformity with Directive 2002/21/EC (Framework Directive).

3. Number portability requirements in conformity with Directive 2002/22/EC (Universal Service Directive).

4. Obligation to provide public directory subscriber information for the purposes of Articles 5 and 25 of

Directive 2002/22/EC (Universal Service Directive).

5. Maximum duration in conformity with Article 5 of this Directive, subject to any changes in the national

numbering plan.

6. Transfer of rights at the initiative of the right holder and conditions for such transfer in conformity with

Directive 2002/21/EC (Framework Directive).

7. Usage fees in accordance with Article 13 of this Directive.

8. Any commitments which the undertaking obtaining the usage right has made in the course of a competitive

or comparative selection procedure.

9. Obligations under relevant international agreements relating to the use of numbers.

(1) OJ L 139, 23.5.1989, p. 19. Directive as last amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).