Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)
Date: 2002-03-07
Institutions: Council of the European Union, European Parliament
Subjects: access to information, consumer protection, electronic mail, transmission network

24.4.2002

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Official Journal of the European Communities

L 108/51

DIRECTIVE 2002/22/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 March 2002

on universal service and users’ rights relating to electronic communications networks and
services (Universal Service Directive)

EUROPEAN PARLIAMENT AND THE

THE
COUNCIL OF THE EUROPEAN UNION,

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

(4)

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

(5)

(6)

(7)

(1)

(2)

(3)

The liberalisation of the telecommunications sector and
increasing competition and choice for communications
services go hand in hand with parallel action to create a
harmonised regulatory framework which secures the
delivery of universal service. The concept of universal
service should evolve to reflect advances in technology,
market developments and changes in user demand. The
regulatory
full
liberalisation of the telecommunications market in 1998
in the Community defined the minimum scope of
universal service obligations and established rules for its
costing and financing.

framework

established

the

for

Under Article 153 of the Treaty, the Community is to
contribute to the protection of consumers.

on

the

The Community and its Member States have undertaken
of
commitments
telecommunications networks
in the
context of
the World Trade Organisation (WTO)
agreement on basic telecommunications. Any member
of the WTO has the right to define the kind of universal

and services

framework

regulatory

(1) OJ C 365 E, 19.12.2000, p. 238 and OJ C 332 E, 27.11.2001,

p. 292.

(2) OJ C 139, 11.5.2001, p. 15.
(3) OJ C 144, 16.5.2001, p. 60.
(4) Opinion of the European Parliament of 13 June 2001 (not yet
published in the Official
Journal), Council Common Position of
17 September 2001 (OJ C 337, 30.11.2001, p. 55) and Decision
of
the European Parliament of 12 December 2001 (not yet
published in the Official Journal). Council Decision of 14 February
2002.

obligation

to maintain.

service
Such
it wishes
obligations will not be regarded as anti-competitive
per se, provided they are administered in a transparent,
non-discriminatory and competitively neutral manner
and are not more burdensome than necessary for the
kind of universal service defined by the member.

resulting

Ensuring universal service (that is to say, the provision
of a defined minimum set of services to all end-users at
an affordable price) may involve the provision of some
services to some end-users at prices that depart from
those
conditions.
compensating undertakings designated to
However,
provide such services in such circumstances need not
result in any distortion of competition, provided that
designated undertakings
the
are
specific net cost involved and provided that the net cost
burden is recovered in a competitively neutral way.

from normal market

compensated for

In a competitive market, certain obligations
should
apply to all undertakings providing publicly available
telephone services at fixed locations and others should
apply only to undertakings enjoying significant market
power or which have been designated as a universal
service operator.

the

between

purposes

regulatory

The network termination point represents a boundary
for
regulatory
framework for electronic communication networks and
telecommunication
regulation of
services
terminal
the
network termination point is the responsibility of the
national regulatory authority, where necessary on the
basis of a proposal by the relevant undertakings.

and the
equipment. Defining the

location of

should continue to ensure that

the
Member States
services set out in Chapter II are made available with
the quality specified to all end-users in their territory,
irrespective of their geographical
in the
light of specific national conditions, at an affordable
price. Member States may, in the context of universal
service obligations
light of national
and in the
conditions,
take specific measures for consumers in
rural or geographically isolated areas to ensure their
access to the services set out in the Chapter II and the
affordability of those services, as well as ensure under

location, and,

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the same conditions this access,
in particular for the
elderly, the disabled and for people with special social
needs. Such measures may also include measures
directly targeted at consumers with special social needs
providing support to identified consumers, for example
the
specific measures,
by means of
examination of individual requests, such as the paying
off of debts.

taken after

(9)

may be included in any net cost calculation of universal
service obligations.

The provisions of
this Directive do not preclude
Member States from designating different undertakings
elements of
the network and service
to provide
universal
service. Designated undertakings providing
network elements may be required to ensure such
construction and maintenance as are necessary and
for
all
proportionate
connection at a fixed location to the public telephone
network and for access to publicly available telephone
services at a fixed location.

reasonable

to meet

requests

(10) Affordable price means a price defined by Member
States at national level in the light of specific national
conditions, and may involve setting common tariffs
irrespective of location or special tariff options to deal
with the needs of low-income users. Affordability for
individual consumers
related to their ability to
monitor and control their expenditure.

is

telephone

(11) Directory information and a directory enquiry service
constitute an essential access tool for publicly available
telephone services and form part of the universal service
obligation. Users and consumers desire comprehensive
directories and a directory enquiry service covering all
numbers
listed
subscribers
(including fixed and mobile numbers) and want
this
information to be presented in a non-preferential
fashion. 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) ensures the
subscribers’ right to privacy with regard to the inclusion
of their personal information in a public directory.

their

and

(12)

For the citizen, it is important for there to be adequate
provision of public pay telephones, and for users to be
able to call emergency telephone numbers and,
in
particular, the single European emergency call number
((cid:145)112(cid:146))
including
public pay telephones, without the use of any means of

free of charge from any telephone,

(1) OJ L 24, 30.1.1998, p. 1.

(8)

A fundamental requirement of universal service is to
provide users on request with a connection to the
public telephone network at a fixed location, at an
affordable price. The requirement is limited to a single
the provision of
narrowband network connection,
which may be restricted by Member States to the
end-user’s primary location/residence, and does not
extend to the Integrated Services Digital Network (ISDN)
which provides two or more connections capable of
being used simultaneously. There
should be no
constraints on the technical means by which the
connection is provided, allowing for wired or wireless
technologies, nor any constraints on which operators
provide part or all of universal service obligations.
Connections to the public telephone network at a fixed
location should be capable of supporting speech and
data communications at rates sufficient for access to
online services such as those provided via the public
Internet. The speed of Internet access experienced by a
given user may depend on a number of
factors
including the provider(s) of Internet connectivity as well
as the given application for which a connection is being
used. The data rate that can be supported by a single
narrowband connection to the public telephone network
depends on the capabilities of the subscriber’s terminal
equipment as well as the connection. For this reason it
is not appropriate to mandate a specific data or bit rate
at Community level. Currently available voice band
modems typically offer a data rate of 56 kbit/s and
employ automatic data rate adaptation to cater for
variable line quality, with the result that the achieved
data rate may be lower than 56 kbit/s. Flexibility is
required on the one hand to allow Member States to
take measures where
that
connections are capable of supporting such a data rate,
and on the other hand to allow Member States where
relevant to permit data rates below this upper limit of
the
56 kbits/s
capabilities of wireless technologies (including cellular
wireless networks)
to deliver universal service to a
higher proportion of the population. This may be of
accession countries
in some
importance
particular
where household penetration of
telephone
traditional
connections remains relatively low.
In specific cases
where the connection to the public telephony network
at a fixed location is clearly insufficient
to support
satisfactory Internet access, Member States should be
able to require the connection to be brought up to the
level enjoyed by the majority of subscribers so that it
supports data rates sufficient for access to the Internet.
Where such specific measures produce a net cost
burden for those consumers concerned, the net effect

to exploit

in order,

necessary

example,

ensure

for

to

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Official Journal of the European Communities

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payment. Insufficient information about the existence of
(cid:145)112(cid:146) deprives citizens of the additional safety ensured
by the existence of
this number at European level
especially during their travel in other Member States.

and choice provide more possibilities for all or part of
the universal service obligations to be provided by
undertakings other than those with significant market
power. Therefore, universal service obligations could in
some cases be allocated to operators demonstrating the
most cost-effective means of delivering access and
services,
comparative
selection procedures. Corresponding obligations could
be included as conditions in authorisations to provide
publicly available services.

including by competitive or

text

public

available

telephones

accessible
or

(13) Member States should take suitable measures in order to
guarantee access to and affordability of all publicly
available telephone services at a fixed location for
social needs.
disabled users and users with special
Specific measures for disabled users could include, as
appropriate, making
public
telephones,
equivalent
measures for deaf or speech-impaired people, providing
services such as directory enquiry services or equivalent
measures free of charge for blind or partially sighted
people, and providing itemised bills
in alternative
format on request for blind or partially sighted people.
Specific measures may also need to be taken to enable
disabled users and users with special social needs to
access emergency services (cid:145)112(cid:146) and to give them a
similar possibility to choose between different operators
or service providers as other consumers. Quality of
service standards have been developed for a range of
parameters to assess the quality of services received by
subscribers and how well undertakings designated with
universal service obligations perform in achieving these
standards. Quality of service standards do not yet exist
in respect of disabled users. Performance standards and
relevant parameters should be developed for disabled
users and are provided for
this
Directive. Moreover, national
regulatory authorities
should be enabled to require publication of quality of
service performance data if and when such standards
and parameters are developed. The provider of universal
service should not take measures to prevent users from
benefiting fully from services offered by different
operators or service providers, in combination with its
own services offered as part of universal service.

in Article 11 of

(14)

The importance of access to and use of
the public
telephone network at a fixed location is such that it
should be available to anyone reasonably requesting it.
In accordance with the principle of subsidiarity, it is for
Member States to decide on the basis of objective
service
criteria which undertakings have universal
this Directive, where
obligations for the purposes of
appropriate taking into account
the ability and the
willingness of undertakings to accept all or part of the
universal
that
universal service obligations are fulfilled in the most
efficient fashion so that users generally pay prices that
correspond to efficient cost provision.
is likewise
important that universal service operators maintain the
integrity of the network as well as service continuity
and quality. The development of greater competition

service obligations.

important

is

It

It

(15) Member

to

the

their

States

imposed

obligations

control
giving

ability
therefore means
through

situation of
should monitor
consumers with respect to their use of publicly available
telephone services and in particular with respect
to
affordability. The affordability of
telephone service is
related to the information which users receive regarding
telephone usage expenses as well as the relative cost of
telephone usage compared to other services, and is also
expenditure.
related
to
to
Affordability
power
on
consumers
undertakings designated as having universal
service
obligations. These obligations include a specified level of
itemised billing, the possibility for consumers selectively
to block certain calls (such as high-priced calls to
the possibility for consumers to
premium services),
control expenditure via pre-payment means and the
possibility for consumers to offset up-front connection
fees. Such measures may need to be reviewed and
changed in the light of market developments. Current
conditions do not warrant a requirement for operators
with universal service obligations to alert subscribers
where a predetermined limit of expenditure is exceeded
or an abnormal calling pattern occurs. Review of the
relevant legislative provisions in future should consider
whether there is a possible need to alert subscribers for
these reasons.

(16)

in cases

late payment

Except
or
of persistent
non-payment of bills, consumers should be protected
from immediate disconnection from the network on the
grounds of an unpaid bill and, particularly in the case of
disputes over high bills
for premium rate services,
should continue to have access to essential telephone
the dispute. Member
services pending resolution of
States may decide that such access may continue to be
provided only if the subscriber continues to pay line
rental charges.

(17) Quality and price are key factors in a competitive
market and national regulatory authorities should be
able
for
undertakings which have been designated as having
universal service obligations. In relation to the quality of
national
such
service

achieved quality of

undertakings,

to monitor

attained

service

by

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regulatory authorities should be able to take appropriate
they deem it necessary. National
measures where
regulatory authorities should also be able to monitor the
achieved quality of
services of other undertakings
providing public telephone networks and/or publicly
available telephone services to users at fixed locations.

obligations and not to other activities which are not
directly linked to the provision of the universal service
obligations. Recovery mechanisms should in all cases
respect
the principles of Community law, and in
particular in the case of sharing mechanisms those of
non-discrimination and proportionality. Any funding
mechanism should ensure that users in one Member
State do not contribute to universal service costs in
another Member State, for example when making calls
from one Member State to another.

(18) Member

States

should, where necessary,

establish
mechanisms for financing the net cost of universal
service obligations in cases where it is demonstrated
that the obligations can only be provided at a loss or at
a net cost which falls outside normal commercial
standards. It is important to ensure that the net cost of
universal service obligations is properly calculated and
that
any financing is undertaken with minimum
distortion to the market and to undertakings, and is
compatible with the provisions of Articles 87 and 88 of
the Treaty.

(22) Where Member States decide to finance the net cost of
universal service obligations from public funds,
this
should be understood to comprise funding from general
government budgets including other public financing
sources such as state lotteries.

(19) Any calculation of

the intangible benefits

the net cost of universal service
should take due account of costs and revenues, as well
as
resulting from providing
universal service, but should not hinder the general aim
of ensuring that pricing structures reflect costs. Any net
costs of universal
should be
calculated on the basis of transparent procedures.

service obligations

(23)

should ensure that
principles

The net cost of universal service obligations may be
shared between all or certain specified classes of
the
undertaking. Member States
sharing mechanism respects
of
transparency, least market distortion, non-discrimination
and proportionality. Least market distortion means that
contributions should be recovered in a way that as far
as possible minimises the impact of the financial burden
falling
spreading
for
contributions as widely as possible.

on end-users,

example

the

by

(20)

Taking into account intangible benefits means that an
estimate in monetary terms, of the indirect benefits that
its position as
an undertaking derives by virtue of
provider of universal service, should be deducted from
the direct net cost of universal service obligations in
order to determine the overall cost burden.

via public

costs. Recovery

(21) When a universal service obligation represents an unfair
burden on an undertaking,
it is appropriate to allow
Member States to establish mechanisms for efficiently
recovering net
funds
constitutes one method of recovering the net costs of
universal service obligations.
It is also reasonable for
established net costs to be recovered from all users in a
transparent fashion by means of levies on undertakings.
Member States should be able to finance the net costs of
different elements of universal service through different
mechanisms, and/or to finance the net costs of some or
the mechanisms or a
all elements
combination of both. In the case of cost recovery by
means of levies on undertakings, Member States should
ensure that that the method of allocation amongst them
is based on objective and non-discriminatory criteria
of
and
proportionality. This principle does not prevent Member
States from exempting new entrants which have not yet
achieved any significant market presence. Any funding
mechanism should ensure that market participants only
service
contribute

financing of universal

accordance with

from either of

principle

to the

the

in

is

(24) National regulatory authorities should satisfy themselves
that those undertakings benefiting from universal service
funding provide a sufficient level of detail of the specific
elements requiring such funding in order to justify their
request. Member States’ schemes for the costing and
financing of universal service obligations should be
communicated to the Commission for verification of
compatibility with the Treaty. There are incentives for
designated operators to raise the assessed net cost of
universal service obligations. Therefore Member States
should ensure effective transparency and control of
amounts
service
obligations.

universal

charged

finance

to

(25)

Communications markets continue to evolve in terms of
the services used and the technical means used to
deliver them to users. The universal service obligations,
which are defined at a Community level, should be
periodically reviewed with a view to proposing that the
scope be changed or redefined. Such a review should
take
and
evolving social,
technological conditions and the fact that any change of
scope should be subject to the twin test of services that
the
become available to a substantial majority of

account of

commercial

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undertakings

population, with a consequent risk of social exclusion
for those who can not afford them. Care should be
taken in any change of the scope of universal service
obligations to ensure that certain technological choices
are not artificially promoted above others,
that a
imposed on
disproportionate financial burden is not
sector
endangering market
(thereby
developments and innovation) and that any financing
burden does not fall unfairly on consumers with lower
incomes. Any change of scope automatically means that
any net cost can be financed via the methods permitted
in this Directive. Member States are not permitted to
impose on market players financial contributions which
relate to measures which are not part of universal
service obligations.
Individual Member States remain
free to impose special measures (outside the scope of
universal
service obligations) and finance them in
conformity with Community law but not by means of
contributions from market players.

pre-selection would fail
ensuring effective competition and public interest.

to achieve the objective of

(27) Where

a

national

authority

imposes
regulatory
obligations to implement a cost accounting system in
order to support price controls, it may itself undertake
an annual audit to ensure compliance with that cost
accounting system, provided that it has the necessary
qualified staff, or it may require the audit to be carried
the
out by another qualified body,
operator concerned.

independent of

In general,

this does not result

(26) More effective competition across all access and service
markets will give greater choice for users. The extent of
effective competition and choice varies across
the
Community and varies within Member States between
geographical areas and between access and service
markets. Some users may be entirely dependent on the
provision of access and services by an undertaking with
significant market power.
for reasons of
efficiency and to encourage effective competition, it is
important that the services provided by an undertaking
with significant market power reflect costs. For reasons
of efficiency and social reasons, end-user tariffs should
reflect demand conditions as well as cost conditions,
in distortions of
provided that
competition. There is a risk that an undertaking with
significant market power may act in various ways to
inhibit entry or distort competition,
for example by
setting predatory prices,
charging excessive prices,
showing
compulsory bundling of
undue preference
to certain customers. Therefore,
national regulatory authorities should have powers to
impose, as a last resort and after due consideration,
regulation on an undertaking with significant
retail
geographical
market power.
cap regulation,
instruments,
averaging
as
or
non-regulatory measures
such as publicly available
comparisons of retail tariffs, may be used to achieve the
twin objectives of promoting effective competition
such
whilst
as
available
maintaining
telephone services
to
appropriate cost accounting information is necessary, in
order for national regulatory authorities to fulfil their
regulatory duties in this area, including the imposition
of any tariff controls. However, regulatory controls on
retail services should only be imposed where national
regulatory authorities consider that relevant wholesale
measures or measures regarding carrier selection or

public
needs,
interest
affordability of publicly

some consumers. Access

pursuing
the

Price
similar

services or

as well

retail

for

(28)

regulatory

framework

is considered necessary to ensure the continued
It
the existing provisions relating to the
application of
minimum set of
leased line services in Community
telecommunications legislation, in particular in Council
Directive 92/44/EEC of 5 June 1992 on the application
of open network provision to leased lines (1), until such
time as national regulatory authorities determine,
in
accordance with the market analysis procedures laid
down in Directive 2002/21/EC of
the European
Parliament and of the Council of 7 March 2002 on a
electronic
for
common
communications networks and services
(Framework
Directive) (2), that such provisions are no longer needed
because a sufficiently competitive market has developed
in their territory. The degree of competition is likely to
vary between different markets of leased lines in the
minimum set, and in different parts of the territory. In
undertaking the market analysis, national
regulatory
authorities should make separate assessments for each
market of leased lines in the minimum set, taking into
account
geographic dimension. Leased lines
services constitute mandatory services to be provided
without recourse to any compensation mechanisms. The
provision of leased lines outside of the minimum set of
retail
leased lines
regulatory provisions rather than specific requirements
covering the supply of the minimum set.

covered by general

should be

their

(29) National regulatory authorities may also, in the light of
an analysis of
require mobile
the relevant market,
operators with significant market power to enable their
subscribers to access the services of any interconnected
provider of publicly available telephone services on a
call-by-call basis or by means of pre-selection.

(1) OJ L 165, 19.6.1992, p. 27. Directive as

last amended by

Commission Decision No 98/80/EC (OJ L 14, 20.1.1998, p. 27).

(2) See page 33 of this Official Journal.

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are

tool

for users

reasons of

an important

customers
In addition to the provisions of

Contracts
and
consumers to ensure a minimum level of transparency
of information and legal security. Most service providers
in a competitive environment will conclude contracts
commercial
with their
for
this
desirability.
Directive,
the requirements of existing Community
consumer protection legislation relating to contracts, in
particular Council Directive 93/13/EEC of 5 April 1993
on unfair terms in consumer contracts (1) and Directive
97/7/EC of the European Parliament and of the Council
of 20 May 1997 on the protection of consumers in
respect of distance contracts (2), apply to consumer
transactions relating to electronic networks and services.
Specifically, consumers should enjoy a minimum level
of legal certainty in respect of their contractual relations
with their direct telephone service provider, such that
terms, conditions, quality of service,
the contractual
condition for
the contract and the
service, compensation measures and dispute resolution
are specified in their contracts. Where service providers
other than direct telephone service providers conclude
contracts with consumers, the same information should
be included in those contracts as well. The measures to
and
ensure
conditions will
increase the ability of consumers to
optimise their choices and thus to benefit fully from
competition.

transparency on prices,

termination of

tariffs,

terms

(33)

is

to

digital

possible

television

likewise important

It is desirable to enable consumers to achieve the fullest
sets.
connectivity
Interoperability is an evolving concept
in dynamic
markets. Standards bodies should do their utmost to
ensure that appropriate standards evolve along with the
to
It
technologies concerned.
ensure that connectors are available on television sets
that are capable of passing all the necessary elements of
a digital signal, including the audio and video streams,
conditional access
information,
information,
information and
application program interface (API)
copy protection information. This Directive therefore
ensures that the functionality of the open interface for
digital
limited by network
is not
operators, service providers or equipment manufacturers
to evolve in line with technological
and continues
developments. For display and presentation of digital
interactive
a
common standard through a market-driven mechanism
is recognised as a consumer benefit. Member States and
the Commission may take policy initiatives, consistent
with the Treaty, to encourage this development.

television services,

television sets

realisation of

service

the

(34) All end-users
operator
provides access to the public telephone network.

to
services whatever organisation

should continue to enjoy access

assistance

(30)

(31)

should have access

End-users
to publicly available
information on communications services. Member States
should be able to monitor the quality of services which
are offered in their
regulatory
territories. National
should be able systematically to collect
authorities
information on the quality of services offered in their
territories on the basis of
criteria which allow
comparability between service providers and between
Member States. Undertakings providing communications
services, operating in a competitive environment, are
likely to make adequate and up-to-date information on
their
of
commercial advantage. National regulatory authorities
should nonetheless be able to require publication of
such information where it is demonstrated that such
information is not effectively available to the public.

available

publicly

services

reasons

for

(35)

(36)

(32)

should be able to enjoy a guarantee of
End-users
interoperability in respect of all equipment sold in the
Community for
television.
Member States should be able to require minimum
harmonised standards in respect of such equipment.
Such standards could be adapted from time to time in
the light of technological and market developments.

the reception of digital

(1) OJ L 95, 21.4.1993, p. 29.
(2) OJ L 144, 4.6.1997, p. 19.

is

services

and
enquiry
The provision of directory
directories
already open to competition. The
provisions of this Directive complement the provisions
of Directive 97/66/EC by giving subscribers a right to
have their personal data included in a printed or
electronic directory. All service providers which assign
telephone numbers to their subscribers are obliged to
make
fair,
in
cost-oriented and non-discriminatory manner.

information

available

relevant

a

the emergency systems,

It is important that users should be able to call the
single European emergency number (cid:145)112(cid:146), and any other
national emergency telephone numbers, free of charge,
from any telephone,
including public pay telephones,
the use of any means of payment. Member
without
States
the necessary
already made
should have
organisational arrangements best suited to the national
organisation of
in order to
ensure that calls to this number are adequately answered
and handled. Caller location information, to be made
available to the emergency services, will
improve the
level of protection and the security of users of (cid:145)112(cid:146)
services and assist the emergency services, to the extent
their duties,
technically feasible,
provided that the transfer of calls and associated data to
the emergency services concerned is guaranteed. The
reception and use of such information should comply
with relevant Community law on the processing of
technology
personal

in the discharge of

information

Steady

data.

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will

progressively

improvements
the
support
languages over the
simultaneous handling of several
networks at a reasonable cost. This in turn will ensure
additional safety for European citizens using the (cid:145)112(cid:146)
emergency call number.

(37)

Easy access to international telephone services is vital
for European citizens and European businesses. (cid:145)00(cid:146) has
already been established as the standard international
the Community. Special
telephone access code for
arrangements
between adjacent
calls
for making
locations across borders between Member States may be
established or continued. The ITU has assigned,
in
accordance with ITU Recommendation E.164, code
(cid:145)3883(cid:146)
to the European Telephony Numbering Space
(ETNS). In order to ensure connection of calls to the
telephone
ETNS,
networks
should ensure that calls using (cid:145)3883(cid:146) are
directly or indirectly interconnected to ETNS serving
European
in
networks
specified
(ETSI)
Standards
Telecommunications
standards. Such interconnection arrangements should be
governed by the provisions of Directive 2002/19/EC of
the European Parliament and of the Council of 7 March
2002 on access to, and interconnection of, electronic
facilities
communications networks
(Access Directive) (1).

undertakings

associated

operating

Institute

relevant

public

and

the

(40) Number portability is a key facilitator of consumer
choice and effective competition in a competitive
telecommunications environment such that end-users
who so request should be able to retain their number(s)
on the public telephone network independently of the
this
organisation providing service. The provision of
facility between connections to the public telephone
network at fixed and non-fixed locations is not covered
by this Directive. However, Member States may apply
provisions
for porting numbers between networks
providing services at a fixed location and mobile
networks.

(41)

is

there

impact of number portability is

considerably
The
strengthened when
tariff
information, both for end-users who port their numbers
and also for end-users who call those who have ported
their numbers. National regulatory authorities should,
where feasible, facilitate appropriate tariff transparency
as part of the implementation of number portability.

transparent

(42) When ensuring that pricing for interconnection related
to the provision of number portability is cost-oriented,
national regulatory authorities may also take account of
prices available in comparable markets.

(38) Access by end-users to all numbering resources in the
Community is a vital pre-condition for a single market.
It should include freephone, premium rate, and other
called
non-geographic numbers,
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.

except where

the

(43)

(39)

interaction with special

Tone dialling and calling line identification facilities are
normally available on modern telephone exchanges and
can therefore increasingly be provided at little or no
expense. Tone dialling is increasingly being used for
user
services and facilities,
including value added services, and the absence of this
facility can prevent the user from making use of these
services. Member States are not required to impose
obligations to provide these facilities when they are
already available. Directive 97/66/EC safeguards
the
privacy of users with regard to itemised billing, by
giving them the means to protect their right to privacy
when calling line identification is implemented. The
development of these services on a pan-European basis
would benefit consumers and is encouraged by this
Directive.

(1) See page 7 of this Official Journal.

but

by Member

considerations,

Currently, Member States impose certain (cid:145)must carry(cid:146)
obligations on networks for the distribution of radio or
television broadcasts
to the public. Member States
should be able to lay down proportionate obligations on
undertakings under their jurisdiction, in the interest of
legitimate public policy
such
obligations should only be imposed where they are
interest objectives clearly
necessary to meet general
conformity with
defined
Community
proportionate,
transparent and subject to periodical review. (cid:145)Must carry(cid:146)
should be
imposed by Member States
obligations
reasonable, that is they should be proportionate and
transparent
in the light of clearly defined general
interest objectives, and could, where appropriate, entail
a provision for proportionate remuneration. Such (cid:145)must
carry(cid:146) obligations may include the transmission of
services
specifically designed to enable appropriate
access by disabled users.

law and

should

States

be

in

(44) Networks used for the distribution of radio or television
broadcasts to the public include cable, satellite and
terrestrial broadcasting networks. They might
also
include other networks to the extent that a significant
their
number of end-users use such networks as
principal means
television
to receive
broadcasts.

radio and

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(45)

Services providing content such as the offer for sale of a
package of sound or television broadcasting content are
not covered by the common regulatory framework for
services.
electronic
communications networks
to
Providers of such services should not be subject
these
universal
activities. This Directive
to
measures taken at national
in compliance with
Community law, in respect of such services.

in respect of
is without prejudice
level,

service obligations

and

(51)

service

common level of universal

the proposed action, namely
Since the objectives of
for
setting a
telecommunications
for all European users and of
harmonising conditions for access to and use of public
telephone networks at a fixed location and related
publicly available telephone services and also achieving
a harmonised framework for the regulation of electronic
communications
communications
networks and associated facilities, cannot be sufficiently
achieved by the Member States and can therefore by
reason of the scale or effects of the action be better
achieved at Community level,
the Community may
adopt measures in accordance with the principles of
subsidiarity as set out in Article 5 of the Treaty.
In
accordance with the principle of proportionality, as set
out in that Article, this Directive does not go beyond
what is necessary in order to achieve those objectives.

electronic

services,

(52)

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (2),

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

SCOPE, AIMS AND DEFINITIONS

Article 1

Scope and aims

the

aim is

framework

of Directive

2002/21/EC
1. Within
(Framework Directive), this Directive concerns the provision of
electronic communications networks and services to end-users.
The
the
Community of good quality publicly available services through
deal with
effective
circumstances
in which the needs of end-users are not
satisfactorily met by the market.

availability throughout

competition

to ensure

choice

and

and

the

to

2.
This Directive establishes the rights of end-users and the
corresponding obligations on undertakings providing publicly
available electronic communications networks and services.
With regard to ensuring provision of universal service within
this
an environment of open and competitive markets,
Directive defines the minimum set of services of specified
quality to which all end-users have access, at an affordable

(46) Where a Member State seeks to ensure the provision of
other specific services throughout its national territory,
such obligations should be implemented on a cost
efficient basis and outside the scope of universal service
obligations. Accordingly, Member States may undertake
the
(such
additional measures
development
in
infrastructure
circumstances where the market does not satisfactorily
address the requirements of end-users or consumers), in
conformity with Community law. As a reaction to the
Commission’s e-Europe initiative, the Lisbon European
Council of 23 and 24 March 2000 called on Member
States to ensure that all schools have access to the
Internet and to multimedia resources.

facilitating
services

or

of

as

(47)

(48)

(49)

(50)

rights.

interested parties,

In the context of a competitive environment, the views
including users and consumers,
of
should be taken into account by national regulatory
to
authorities when dealing with issues
end-users’
be
Effective procedures
available to deal with disputes between consumers, on
the one hand, and undertakings providing publicly
available
services, on the other.
Member States should take full account of Commission
Recommendation 98/257/EC of 30 March 1998 on the
responsible for
principles applicable to the bodies
out-of-court settlement of consumer disputes (1).

communications

related
should

be

an

could

appropriate way

of
Co-regulation
stimulating enhanced quality standards and improved
service performance. Co-regulation should be guided by
the same principles as formal regulation, i.e. it should
be objective,
justified, proportional, non-discriminatory
and transparent.

This Directive should provide for elements of consumer
including clear contract terms and dispute
protection,
resolution, and tariff
It
should also encourage the extension of such benefits to
other categories of end-users,
in particular small and
medium-sized enterprises.

transparency for consumers.

this Directive do not prevent a
The provisions of
Member State
justified on
grounds set out in Articles 30 and 46 of the Treaty, and
in particular on grounds of public security, public policy
and public morality.

from taking measures

(1) OJ L 115, 17.4.1998, p. 31.

(2) OJ L 184, 17.7.1999, p. 23.

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price in the light of specific national conditions, without
distorting competition. This Directive also sets out obligations
with regard to the provision of certain mandatory services
such as the retail provision of leased lines.

It includes inter alia mobile, freephone and premium rate
numbers.

Article 2

Definitions

CHAPTER II

UNIVERSAL SERVICE OBLIGATIONS INCLUDING SOCIAL
OBLIGATIONS

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

Article 3

Availability of universal service

The following definitions shall also apply:

(a)

(b)

(c)

(cid:145)public pay telephone(cid:146) means a telephone available to the
general public, for the use of which the means of payment
and/or
include
may
pre-payment cards,
including cards for use with dialling
codes;

credit/debit

and/or

coins

cards

telephone

network(cid:146) means

electronic
(cid:145)public
communications network which is used to provide publicly
transfer
services;
it
available
between
speech
termination
communications, and also other forms of communication,
such as facsimile and data;

telephone
network

supports
points

the
of

an

(cid:145)publicly available telephone service(cid:146) means a service
available to the public for originating and receiving
national and international calls and access to emergency
services through a number or numbers in a national or
international telephone numbering plan, and in addition
may, where relevant, include one or more of the following
the provision of operator assistance, directory
services:
enquiry services, directories, provision of public pay
phones, provision of service under special terms, provision
of special facilities for customers with disabilities or with
of
needs
social
special
non-geographic services;

provision

and/or

the

(d)

(cid:145)geographic number(cid:146) means a number from the national
numbering plan where part of its digit structure contains
geographic significance used for
to the
physical location of the network termination point (NTP);

routing calls

(e)

(cid:145)network termination point(cid:146) (NTP) means the physical point
at which a subscriber is provided with access to a public
communications network;
case of networks
involving switching or routing, the NTP is identified by
means of a specific network address, which may be linked
to a subscriber number or name;

in the

(f)

(cid:145)non-geographic numbers(cid:146) means a number
from the
national numbering plan that is not a geographic number.

1. Member States shall ensure that the services set out in
this Chapter are made available at the quality specified to all
independently of geographical
end-users
location, and, in the light of specific national conditions, at an
affordable price.

territory,

in their

2. Member States shall determine the most efficient and
appropriate approach for ensuring the implementation of
universal service, whilst respecting the principles of objectivity,
transparency, non-discrimination and proportionality. They
in particular the
shall seek to minimise market distortions,
provision of services at prices or subject to other terms and
conditions which depart from normal commercial conditions,
whilst safeguarding the public interest.

Article 4

Provision of access at a fixed location

1. Member States shall ensure that all reasonable requests
for connection at a fixed location to the public telephone
network and for access to publicly available telephone services
at a fixed location are met by at least one undertaking.

calls,

2.
The connection provided shall be capable of allowing
end-users to make and receive local, national and international
data
and
facsimile
telephone
communications, at data rates that are sufficient
to permit
taking into account prevailing
functional
technologies used by
and
technological feasibility.

the majority of

communications

Internet access,

subscribers

Article 5

Directory enquiry services and directories

1. Member States shall ensure that:

(a) at

least one comprehensive directory is available to
end-users in a form approved by the relevant authority,
whether printed or electronic, or both, and is updated on a
regular basis, and at least once a year;

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(b) at

least one comprehensive telephone directory enquiry
including users of

service is available to all end-users,
public pay telephones.

The directories in paragraph 1 shall comprise, subject to
2.
the provisions of Article 11 of Directive 97/66/EC, all
subscribers of publicly available telephone services.

the undertaking(s)
shall ensure that
3. Member States
providing the services referred to in paragraph 1 apply the
principle
of
information that has been provided to them by other
undertakings.

non-discrimination

treatment

the

to

of

Article 6

Public pay telephones

shall ensure that national

1. Member States
regulatory
authorities can impose obligations on undertakings in order to
ensure that public pay telephones are provided to meet the
reasonable needs of end-users in terms of the geographical
coverage, the number of telephones, the accessibility of such
telephones to disabled users and the quality of services.

2.
A Member State shall ensure that its national regulatory
to impose obligations under
authority can decide not
paragraph 1 in all or part of its territory, if it is satisfied that
these facilities or comparable services are widely available, on
the basis of a consultation of interested parties as referred to in
Article 33.

3. Member States shall ensure that it is possible to make
emergency calls from public pay telephones using the single
European emergency call number (cid:145)112(cid:146) and other national
emergency numbers, all free of charge and without having to
use any means of payment.

Article 7

Special measures for disabled users

1. Member States shall, where appropriate,
take specific
measures for disabled end-users in order to ensure access to
and affordability of publicly available telephone services,
including access
to emergency services, directory enquiry
services and directories, equivalent to that enjoyed by other
end-users.

2. Member States may take specific measures, in the light of
national conditions, to ensure that disabled end-users can also
take advantage of
the choice of undertakings and service
providers available to the majority of end-users.

Article 8

Designation of undertakings

1. Member States may designate one or more undertakings
to guarantee the provision of universal service as identified in
Articles 4, 5, 6 and 7 and, where applicable, Article 9(2) so
that
territory can be covered.
Member States may designate different undertakings or sets of
undertakings to provide different elements of universal service
and/or to cover different parts of the national territory.

the whole of

the national

the national

2. When Member States designate undertakings in part or
all of
service
territory as having universal
obligations,
they shall do so using an efficient, objective,
transparent and non-discriminatory designation mechanism,
whereby no undertaking is a priori excluded from being
designated. Such designation methods
that
universal service is provided in a cost-effective manner and
may be used as a means of determining the net cost of the
universal service obligation in accordance with Article 12.

ensure

shall

Article 9

Affordability of tariffs

National

regulatory

authorities

1.
the
evolution and level of retail tariffs of the services identified in
Articles 4, 5, 6 and 7 as falling under the universal service
in
obligations and provided by designated undertakings,
particular in relation to national consumer prices and income.

shall monitor

2. Member States may, in the light of national conditions,
require that designated undertakings provide tariff options or
packages to consumers which depart
from those provided
under normal commercial conditions, in particular to ensure
that those on low incomes or with special social needs are not
prevented from accessing or using the publicly available
telephone service.

3. Member States may, besides any provision for designated
undertakings to provide special tariff options or to comply
with price caps or geographical averaging or other similar
schemes, ensure that
is provided to consumers
support
identified as having low incomes or special social needs.

4. Member States may require undertakings with obligations
under Articles 4, 5, 6 and 7 to apply common tariffs,
including geographical averaging, throughout the territory, in
the light of national conditions or to comply with price caps.

5.
National regulatory authorities shall ensure that, where a
designated undertaking has an obligation to provide special

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L 108/61

tariffs,

options,

common

including

tariff
geographical
averaging, or to comply with price caps, the conditions are
fully transparent and are published and applied in accordance
with the principle of non-discrimination. National regulatory
authorities may require that specific schemes be modified or
withdrawn.

Article 10

Control of expenditure

3.
National regulatory authorities may, in addition, specify
the content, form and manner of information to be published,
in order to ensure that end-users and consumers have access
to comprehensive, comparable and user-friendly information.

National

regulatory authorities

shall be able to set
4.
those undertakings with universal
performance targets for
service obligations at
In so doing,
national regulatory authorities shall take account of views of
interested parties, in particular as referred to in Article 33.

least under Article 4.

5. Member States
able
authorities
performance targets by designated undertakings.

shall ensure that national
to monitor

regulatory
compliance with these

are

1. Member States shall ensure that designated undertakings,
in providing facilities and services additional to those referred
to in Articles 4, 5, 6, 7 and 9(2), establish terms and
conditions in such a way that the subscriber is not obliged to
pay for facilities or services which are not necessary or not
required for the service requested.

2. Member States shall ensure that designated undertakings
with obligations under Articles 4, 5, 6, 7 and 9(2) provide the
specific facilities and services set out in Annex I, Part A, in
order that subscribers can monitor and control expenditure
and avoid unwarranted disconnection of service.

Persistent failure by an undertaking to meet performance
6.
in specific measures being taken in
targets may result
the European
accordance with Directive 2002/20/EC of
Parliament and of
the Council of 7 March 2002 on the
authorisation of electronic communications networks and
(Authorisation Directive) (1). National
regulatory
services
authorities shall be able to order independent audits or similar
reviews of the performance data, paid for by the undertaking
concerned, in order to ensure the accuracy and comparability
of
the data made available by undertakings with universal
service obligations.

3. Member States shall ensure that the relevant authority is
able to waive the requirements of paragraph 2 in all or part of
its national territory if it is satisfied that the facility is widely
available.

Article 12

Costing of universal service obligations

Article 11

Quality of service of designated undertakings

National

regulatory authorities

1.
shall ensure that all
designated undertakings with obligations under Articles 4, 5,
6, 7 and 9(2) publish adequate and up-to-date information
concerning their performance in the provision of universal
service, based on the quality of service parameters, definitions
and measurement methods set out in Annex III. The published
information shall also be supplied to the national regulatory
authority.

quality of

National regulatory authorities may specify,
standards, where
service

inter alia,
2.
additional
relevant
parameters have been developed, to assess the performance of
undertakings in the provision of services to disabled end-users
and disabled consumers. National regulatory authorities shall
ensure
information concerning the performance of
undertakings in relation to these parameters is also published
and made available to the national regulatory authority.

that

1. Where national regulatory authorities consider that the
provision of universal service as set out in Articles 3 to 10
may represent an unfair burden on undertakings designated to
provide universal service, they shall calculate the net costs of
its provision.

For that purpose, national regulatory authorities shall:

(a) calculate the net cost of the universal service obligation,
taking into account any market benefit which accrues to
an undertaking designated to provide universal service, in
accordance with Annex IV, Part A; or

(b) make use of the net costs of providing universal service
identified by a designation mechanism in accordance with
Article 8(2).

The accounts and/or other information serving as the
2.
basis for the calculation of the net cost of universal service
obligations under paragraph 1(a) shall be audited or verified by

(1) See page 21 of this Official Journal.

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the national regulatory authority or a body independent of the
regulatory
relevant parties and approved by the national
authority. The
calculation and the
conclusions of the audit shall be publicly available.

results of

cost

the

Article 13

Financing of universal service obligations

1. Where, on the basis of the net cost calculation referred
to in Article 12, national regulatory authorities find that an
undertaking is subject
to an unfair burden, Member States
shall, upon request from a designated undertaking, decide:

(a)

to introduce a mechanism to compensate that undertaking
for the determined net costs under transparent conditions
from public funds; and/or

(b) to share the net cost of universal

service obligations
between providers of electronic communications networks
and services.

shall

is shared under paragraph 1(b),
2. Where the net cost
Member
sharing mechanism
establish
States
administered by the national regulatory authority or a body
independent from the beneficiaries under the supervision of
regulatory authority. Only the net cost, as
the national
determined in accordance with Article 12, of the obligations
laid down in Articles 3 to 10 may be financed.

a

A sharing mechanism shall respect

the principles of
3.
transparency,
least market distortion, non-discrimination and
proportionality, in accordance with the principles of Annex IV,
Part B. Member States may choose not to require contributions
from undertakings whose national turnover is less than a set
limit.

Any charges

related to the sharing of

the cost of
4.
universal service obligations shall be unbundled and identified
separately for each undertaking. Such charges shall not be
imposed or collected from undertakings that are not providing
services
the Member State that has
established the sharing mechanism.

in the territory of

Article 14

Transparency

1. Where a mechanism for sharing the net cost of universal
service obligations as referred to in Article 13 is established,
national regulatory authorities shall ensure that the principles
for cost sharing, and details of
the mechanism used, are
publicly available.

2.
Subject to Community and national rules on business
confidentiality, national regulatory authorities shall ensure that
an annual report is published giving the calculated cost of
universal
identifying the contributions
made by all the undertakings involved, and identifying any
market benefits, that may have accrued to the undertaking(s)
designated to provide universal
service, where a fund is
actually in place and working.

service obligations,

Article 15

Review of the scope of universal service

1.
The Commission shall periodically review the scope of
universal service, in particular with a view to proposing to the
European Parliament and the Council
the scope be
changed or redefined. A review shall be carried out, on the
first occasion within two years after the date of application
referred to in Article 38(1),
and
subsequently every three years.

second subparagraph,

that

and

technological

developments,

This review shall be undertaken in the light of social,
2.
economic
into
account, inter alia, mobility and data rates in the light of the
prevailing technologies used by the majority of subscribers.
The review process shall be undertaken in accordance with
Annex V. The Commission shall submit a report
to the
European Parliament and the Council regarding the outcome
of the review.

taking

CHAPTER III

REGULATORY CONTROLS ON UNDERTAKINGS WITH
SIGNIFICANT MARKET POWER IN SPECIFIC MARKETS

Article 16

Review of obligations

1. Member States shall maintain all obligations relating to:

(a) retail tariffs for the provision of access to and use of the
public telephone network,
imposed under Article 17 of
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 service for telecommunications in a competitive
environment (1);

(b) carrier selection or pre-selection, imposed under Directive
97/33/EC of the European Parliament and of the Council
of
in
telecommunications with regard to ensuring universal

interconnection

1997

June

30

on

(1) OJ L 101, 1.4.1998, p. 24.

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service and interoperability through application of
principles of open network provision (ONP) (1);

the

(c)

leased lines, imposed under Articles 3, 4, 6, 7, 8 and 10 of
Directive 92/44/EEC,

until a review has been carried out and a determination made
in accordance with the procedure in paragraph 3 of
this
Article.

that

requirements

imposed may include

and justified in the light of the objectives laid down in Article
8 of Directive 2002/21/EC (Framework Directive). The
obligations
the
identified undertakings do not charge excessive prices, inhibit
restrict competition by setting predatory
market entry or
end-users or
to specific
prices,
unreasonably bundle services. National regulatory authorities
may apply to such undertakings appropriate retail price cap
measures, measures to control individual tariffs, or measures to
orient tariffs towards costs or prices on comparable markets,
interests whilst promoting
in order
effective competition.

show undue preference

to protect end-user

to

relating

The Commission shall indicate relevant markets for the
2.
obligations
initial
recommendation on relevant product and service markets and
the Decision identifying transnational markets to be adopted in
accordance with Article
2002/21/EC
(Framework Directive).

15 of Directive

retail markets

the

in

3. Member States shall ensure that, as soon as possible after
the entry into force of
this Directive, and periodically
thereafter, national regulatory authorities undertake a market
analysis, in accordance with the procedure set out in Article
16 of Directive 2002/21/EC (Framework Directive)
to
determine whether
to maintain, amend or withdraw the
obligations relating to retail markets. Measures taken shall be
subject to the procedure referred to in Article 7 of Directive
2002/21/EC (Framework Directive).

Article 17

Regulatory controls on retail services

1. Member States shall ensure that, where:

(a) as a result of a market analysis carried out in accordance
with Article 16(3)
authority
identified in
determines
accordance with Article 15 of Directive 2002/21/EC
(Framework Directive) is not effectively competitive, and

a given retail market

a national

regulatory

that

(b) the national regulatory authority concludes that obligations
imposed under Directive 2002/19/EC (Access Directive), or
this Directive would not
Article 19 of
in the
achievement of
in Article 8 of
the objectives set out
Directive 2002/21/EC (Framework Directive),

result

regulatory

authorities

national
appropriate
regulatory obligations on undertakings identified as having
in
significant market power on a given retail market
accordance with Article
2002/21/EC
(Framework Directive).

14 of Directive

impose

shall

Obligations imposed under paragraph 1 shall be based
2.
on the nature of the problem identified and be proportionate

(1) OJ L 199, 26.7.1997, p. 32. Directive as amended by Directive

98/61/EC (OJ L 268, 3.10.1998, p. 37).

3.
National regulatory authorities shall, on request, submit
information to the Commission concerning the retail controls
applied and, where appropriate, the cost accounting systems
used by the undertakings concerned.

4.
National regulatory authorities shall ensure that, where
an undertaking is subject to retail tariff regulation or other
the necessary and appropriate cost
relevant retail controls,
regulatory
accounting systems are implemented. National
authorities may
accounting
the
methodology to be used. Compliance with the cost accounting
system shall be verified by a qualified independent body.
National regulatory authorities shall ensure that a statement
concerning compliance is published annually.

specify

format

and

5. Without prejudice to Article 9(2) and Article 10, national
regulatory authorities shall not apply retail control mechanisms
this Article to geographical or user
under paragraph 1 of
there is effective
markets where they are satisfied that
competition.

Article 18

Regulatory controls on the minimum set of leased lines

1. Where, as a result of the market analysis carried out in
accordance with Article 16(3), a national regulatory authority
determines that the market for the provision of part or all of
the minimum set of leased lines is not effectively competitive,
it shall identify undertakings with significant market power in
the provision of those specific elements of the minimum set of
leased lines services in all or part of its territory in accordance
with Article 14 of Directive 2002/21/EC (Framework
impose
Directive). The national
obligations regarding the provision of the minimum set of
leased lines, as identified in the list of standards published in
the Official Journal of the European Communities in accordance
with Article 17 of Directive 2002/21/EC (Framework
Directive), and the conditions for such provision set out in

regulatory authority shall

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Annex VII to this Directive, on such undertakings in relation
to those specific leased line markets.

CHAPTER IV

2. Where as a result of the market analysis carried out in
accordance with Article 16(3), a national regulatory authority
determines that a relevant market for the provision of leased
lines in the minimum set is effectively competitive,
it shall
withdraw the obligations referred to in paragraph 1 in relation
to this specific leased line market.

END-USER INTERESTS AND RIGHTS

Article 20

Contracts

standards

The minimum set of

3.
leased lines with harmonised
characteristics, and associated standards, shall be published in
the Official Journal of the European Communities as part of the
list of
referred to in Article 17 of Directive
2002/21/EC (Framework Directive). The Commission may
adopt amendments necessary to adapt the minimum set of
leased lines to new technical developments and to changes in
market demand,
including the possible deletion of certain
types of
leased line from the minimum set, acting in
accordance with the procedure referred to in Article 37(2) of
this Directive.

Paragraphs 2, 3 and 4 apply without prejudice to
in particular
in
rules

1.
Community rules on consumer protection,
Directives 97/7/EC and 93/13/EC, and national
conformity with Community law.

2. Member States shall ensure that, where subscribing to
services providing connection and/or access to the public
telephone network, consumers have a right to a contract with
an undertaking or undertakings providing such services. The
contract shall specify at least:

(a)

the identity and address of the supplier;

Article 19

(b) services provided, the service quality levels offered, as well

as the time for the initial connection;

Carrier selection and carrier pre-selection

(c)

the types of maintenance service offered;

1.
National regulatory authorities shall require undertakings
notified as having significant market power for the provision
of connection to and use of the public telephone network at a
fixed location in accordance with Article 16(3) to enable their
subscribers
the services of any interconnected
provider of publicly available telephone services:

to access

(d) particulars of prices and tariffs and the means by which
and

information on all

up-to-date
maintenance charges may be obtained;

applicable

tariffs

(e)

the duration of the contract, the conditions for renewal
and termination of services and of the contract;

(a) on a call-by-call basis by dialling a carrier selection code;

and

(f) any compensation and the refund arrangements which
apply if contracted service quality levels are not met; and

(b) by means of pre-selection, with a facility to override any
pre-selected choice on a call-by-call basis by dialling a
carrier selection code.

2.
User requirements for these facilities to be implemented
on other networks or in other ways shall be assessed in
accordance with the market analysis procedure laid down in
Article 16 of Directive 2002/21/EC (Framework Directive) and
implemented in accordance with Article 12 of Directive
2002/19/EC (Access Directive).

3.
National regulatory authorities shall ensure that pricing
for access and interconnection related to the provision of the
facilities in paragraph 1 is cost oriented and that direct charges
to subscribers, if any, do not act as a disincentive for the use
of these facilities.

(g) the method of

initiating procedures
disputes in accordance with Article 34.

for settlement of

Member States may extend these obligations to cover other
end-users.

3. Where contracts are concluded between consumers and
electronic communications services providers other than those
providing connection and/or access to the public telephone
network, the information in paragraph 2 shall also be included
in such contracts. Member States may extend this obligation to
cover other end-users.

Subscribers shall have a right to withdraw from their
4.
contracts without
proposed
upon
modifications in the contractual conditions. Subscribers shall
be given adequate notice, not shorter than one month, ahead

penalty

notice

of

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of any such modifications and shall be informed at the same
time of their right to withdraw, without penalty, from such
contracts, if they do not accept the new conditions.

Article 24

Interoperability of consumer digital television equipment

Article 21

In accordance with the provisions of Annex VI, Member States
shall ensure the interoperability of
the consumer digital
television equipment referred to therein.

Transparency and publication of information

shall

States

ensure

1. Member
and
up-to-date information on applicable prices and tariffs, and on
standard terms and conditions, in respect of access to and use
of publicly available telephone services is available to end-users
and consumers, in accordance with the provisions of Annex II.

transparent

that

regulatory authorities
information to enable end-users, as
and

the
National
2.
far as
provision of
appropriate,
an independent
evaluation of the cost of alternative usage patterns, by means
of, for instance, interactive guides.

consumers

encourage

to make

shall

Article 22

Quality of service

shall ensure that national

1. Member States
regulatory
authorities are, after taking account of the views of interested
parties, able to require undertakings that provide publicly
available
to publish
communications
comparable, adequate and up-to-date information for end-users
their services. The information shall, on
on the quality of
request, also be supplied to the national regulatory authority in
advance of its publication.

electronic

services

National regulatory authorities may specify, inter alia, the
2.
quality of service parameters to be measured, and the content,
form and manner of information to be published, in order to
ensure
comprehensive,
comparable and user-friendly information. Where appropriate,
the parameters, definitions and measurement methods given in
Annex III could be used.

end-users

access

have

that

to

Article 23

Integrity of the network

Member States shall
take all necessary steps to ensure the
integrity of the public telephone network at fixed locations
and,
in the event of catastrophic network breakdown or in
cases of force majeure, the availability of the public telephone
network and publicly available telephone services at
fixed
that undertakings
locations. Member States
providing publicly
fixed
services
locations take all reasonable steps to ensure uninterrupted
access to emergency services.

ensure
telephone

available

shall

at

Article 25

Operator assistance and directory enquiry services

1. Member States shall ensure that subscribers to publicly
available telephone services have the right to have an entry in
the publicly available directory referred to in Article 5(1)(a).

2. Member States shall ensure that all undertakings which
assign telephone numbers to subscribers meet all reasonable
requests to make available, for the purposes of the provision of
publicly available directory enquiry services and directories, the
relevant information in an agreed format on terms which are
fair, objective, cost oriented and non-discriminatory.

3. Member States shall ensure that all end-users provided
with a connection to the public telephone network can access
operator assistance services and directory enquiry services in
accordance with Article 5(1)(b).

States

shall not maintain any

4. Member
regulatory
restrictions which prevent end-users in one Member State from
accessing directly the directory enquiry service in another
Member State.

Paragraphs 1, 2, 3 and 4 apply subject

5.
to the
requirements of Community legislation on the protection of
personal data and privacy and,
in particular, Article 11 of
Directive 97/66/EC.

Article 26

Single European emergency call number

1. Member States shall ensure that, in addition to any other
national emergency call numbers specified by the national
end-users of publicly available
regulatory authorities, all
telephone services,
including users of public pay telephones,
are able to call the emergency services free of charge, by using
the single European emergency call number (cid:145)112(cid:146).

shall ensure that calls

to the single
2. Member States
European emergency call number
(cid:145)112(cid:146) are appropriately
answered and handled in a manner best suited to the national
organisation
the
systems
technological possibilities of the networks.

and within

emergency

of

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3. Member States
shall ensure that undertakings which
location
telephone networks make
operate public
information available to authorities handling emergencies, to
the extent
to the single
European emergency call number (cid:145)112(cid:146).

technically feasible,

for all calls

caller

3. Without prejudice to Article 10(2), Member States may
(e),
impose the obligations
concerning disconnection as a general requirement on all
undertakings.

in Annex I, Part A, point

4. Member States shall ensure that citizens are adequately
informed about the existence and use of the single European
emergency call number (cid:145)112(cid:146).

Article 30

Number portability

Article 27

European telephone access codes

1. Member States shall ensure that
the (cid:145)00(cid:146) code is the
standard international access code. Special arrangements for
making calls between adjacent
across borders
between Member States may be established or continued. The
in the
end-users of publicly available telephone services
locations
such
shall
arrangements.

concerned

informed

locations

fully

be

of

2. Member States shall ensure that all undertakings that
operate public telephone networks handle all calls to the
European telephony numbering space, without prejudice to the
need for an undertaking that operates a public telephone
network to recover the cost of the conveyance of calls on its
network.

shall ensure that all

1. Member States
subscribers of
publicly available telephone services, including mobile services,
who so request can retain their number(s) independently of the
undertaking providing the service:

(a)

in the case of geographic numbers, at a specific location;
and

(b)

in the case of non-geographic numbers, at any location.

This paragraph does not apply to the porting of numbers
between networks providing services at a fixed location and
mobile networks.

National regulatory authorities shall ensure that pricing
2.
interconnection related to the provision of number
for
portability is
to
cost oriented and that direct
subscribers, if any, do not act as a disincentive for the use of
these facilities.

charges

Article 28

Non-geographic numbers

National regulatory authorities shall not

3.
impose retail
tariffs for the porting of numbers in a manner that would
distort competition, such as by setting specific or common
retail tariffs.

Member States shall ensure that end-users from other Member
States are able to access non-geographic numbers within their
territory where technically and economically feasible, except
where a called subscriber has chosen for commercial reasons
to limit
located in specific
calling parties
geographical areas.

access by

Article 31

(cid:145)Must carry(cid:146) obligations

Article 29

Provision of additional facilities

shall ensure that national

regulatory
1. Member States
authorities are able to require all undertakings that operate
public telephone networks to make available to end-users the
facilities listed in Annex I, Part B, subject to technical feasibility
and economic viability.

2.
A Member State may decide to waive paragraph 1 in all
or part of its territory if it considers, after taking into account
the views of interested parties, that there is sufficient access to
these facilities.

for

the transmission of

1. Member States may impose reasonable (cid:145)must carry(cid:146)
obligations,
specified radio and
television broadcast channels and services, on undertakings
under their jurisdiction providing electronic communications
networks used for
television
the distribution of
broadcasts
to the public where a significant number of
end-users of such networks use them as their principal means
to receive radio and television broadcasts. Such obligations
shall only be imposed where they are necessary to meet clearly
defined general interest objectives and shall be proportionate
and transparent. The obligations shall be subject to periodical
review.

radio or

2.
Neither paragraph 1 of this Article nor Article 3(2) of
Directive 2002/19/EC (Access Directive) shall prejudice the
appropriate
States
ability
taken in
remuneration,
in respect of measures
in similar
accordance with this Article while ensuring that,

of Member

determine

if any,

to

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circumstances, there is no discrimination in the treatment of
undertakings providing electronic communications networks.
Where remuneration is provided for, Member States shall
ensure that it is applied in a proportionate and transparent
manner.

settled fairly and promptly and may, where warranted, adopt a
system of reimbursement and/or compensation. Member States
may extend these obligations to cover disputes involving other
end-users.

CHAPTER V

GENERAL AND FINAL PROVISIONS

Article 32

Additional mandatory services

2. Member States shall ensure that their legislation does not
hamper
the establishment of complaints offices and the
provision of on-line services at the appropriate territorial level
to facilitate access to dispute resolution by consumers and
end-users.

3. Where such disputes involve parties in different Member
States, Member States shall coordinate their efforts with a view
to bringing about a resolution of the dispute.

This Article is without prejudice to national court

4.
procedures.

Member States may decide to make additional services, apart
from services within the universal
service obligations as
defined in Chapter II, publicly available in its own territory
but,
in such circumstances, no compensation mechanism
involving specific undertakings may be imposed.

Article 35

Technical adjustment

Article 33

Consultation with interested parties

1. Member States shall ensure as far as appropriate that
national regulatory authorities take account of the views of
in particular, disabled
end-users, and consumers (including,
users), manufacturers, undertakings
that provide electronic
communications networks and/or services on issues related to
all end-user and consumer rights concerning publicly available
in particular where they
electronic communications services,
have a significant impact on the market.

2. Where appropriate, interested parties may develop, with
the guidance of national regulatory authorities, mechanisms,
involving consumers, user groups and service providers,
to
improve the general quality of service provision by, inter alia,
developing and monitoring codes of conduct and operating
standards.

Article 34

Out-of-court dispute resolution

Amendments necessary to adapt Annexes I, II, III, VI and VII
to technological developments or
in market
demand shall be adopted by the Commission, acting in
accordance with the procedure referred to in Article 37(2).

to changes

Article 36

Notification, monitoring and review procedures

National

regulatory

authorities

1.
shall notify to the
Commission by at the latest the date of application referred to
in Article 38(1), second subparagraph, and immediately in the
event of any change thereafter in the names of undertakings
designated as having universal service obligations under Article
8(1).

The Commission shall make the information available in a
readily accessible
to the
it
Communications Committee referred to in Article 37.

and shall distribute

form,

National

regulatory

authorities

2.
shall notify to the
Commission the names of operators deemed to have
significant market power for the purposes of this Directive,
and the obligations imposed upon them under this Directive.
upon
Any
changes
undertakings or of
the
provisions of
shall be notified to the
Commission without delay.

the undertakings affected under

this Directive

obligations

affecting

imposed

the

1. Member States shall ensure that transparent, simple and
inexpensive out-of-court procedures are available for dealing
with unresolved disputes,
involving consumers, relating to
issues covered by this Directive. Member States shall adopt
measures to ensure that such procedures enable disputes to be

3.
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

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after the date of application referred to in Article 38(1), second
regulatory
subparagraph. The Member States and national
authorities
supply the necessary information to the
shall
Commission for this purpose.

Article 37

Committee

The

Commission

1.
the
shall
Communications Committee, set up by Article 22 of Directive
2002/21/EC (Framework Directive).

assisted

by

be

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be three months.

3.

The Committee shall adopt its rules of procedure.

Article 38

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.

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

3. 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
modifications to those provisions.

Article 39

Entry into force

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

into force on the day of

its

Article 40

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 108/69

DESCRIPTION OF FACILITIES AND SERVICES REFERRED TO IN ARTICLE 10 (CONTROL OF
EXPENDITURE) AND ARTICLE 29 (ADDITIONAL FACILITIES)

ANNEX I

Part A: Facilities and services referred to in Article 10

(a)

Itemised billing

Member States are to ensure that national regulatory authorities, subject to the requirements of relevant legislation
on the protection of personal data and privacy, may lay down the basic level of itemised bills which are to be
provided by designated undertakings (as established in Article 8) to consumers free of charge in order that they
can:

(i)

allow verification and control of the charges incurred in using the public telephone network at a fixed location
and/or related publicly available telephone services, and

(ii) adequately monitor their usage and expenditure and thereby exercise a reasonable degree of control over their

bills.

Where appropriate, additional levels of detail may be offered to subscribers at reasonable tariffs or at no charge.

Calls which are free of charge to the calling subscriber, including calls to helplines, are not to be identified in the
calling subscriber’s itemised bill.

(b) Selective call barring for outgoing calls, free of charge

I.e. the facility whereby the subscriber can, on request to the telephone service provider, bar outgoing calls of
defined types or to defined types of numbers free of charge.

(c) Pre-payment systems

Member States are to ensure that national regulatory authorities may require designated undertakings to provide
means for consumers to pay for access to the public telephone network and use of publicly available telephone
services on pre-paid terms.

(d) Phased payment of connection fees

Member States are to ensure that national regulatory authorities may require designated undertakings to allow
consumers to pay for connection to the public telephone network on the basis of payments phased over time.

(e) Non-payment of bills

Member States are to authorise specified measures, which are to be proportionate, non-discriminatory and
published, to cover non-payment of telephone bills for use of the public telephone network at fixed locations.
These measures are to ensure that due warning of any consequent service interruption or disconnection is given to
the subscriber beforehand. Except in cases of fraud, persistent late payment or non-payment, these measures are to
ensure, as far as is technically feasible,
that any service interruption is confined to the service concerned.
Disconnection for non-payment of bills should take place only after due warning is given to the subscriber.
Member States may allow a period of limited service prior to complete disconnection, during which only calls that
do not incur a charge to the subscriber (e.g. (cid:145)112(cid:146) calls) are permitted.

Part B: List of facilities referred to in Article 29

(a) Tone dialling or DTMF (dual-tone multi-frequency operation)

I.e. the public telephone network supports the use of DTMF tones as defined in ETSI ETR 207 for end-to-end
signalling throughout the network both within a Member State and between Member States.

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(b) Calling-line identification

I.e. the calling party’s number is presented to the called party prior to the call being established.

This facility should be provided in accordance with relevant legislation on protection of personal data and privacy,
in particular Directive 97/66/EC.

To the extent technically feasible, operators should provide data and signals to facilitate the offering of calling-line
identity and tone dialling across Member State boundaries.

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L 108/71

ANNEX II

INFORMATION TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 21
(TRANSPARENCY AND PUBLICATION OF INFORMATION)

The national regulatory authority has a responsibility to ensure that the information in this Annex is published, in
accordance with Article 21. It is for the national regulatory authority to decide which information is to be published by
the undertakings providing public telephone networks and/or publicly available telephone services and which
information is to be published by the national regulatory authority itself, so as to ensure that consumers are able to
make informed choices.

1.

Name(s) and address(es) of undertaking(s)

I.e. names and head office addresses of undertakings providing public telephone networks and/or publicly
available telephone services.

2.

Publicly available telephone services offered

2.1.

Scope of the publicly available telephone service

Description of the publicly available telephone services offered, indicating what is included in the subscription
charge and the periodic rental charge (e.g. operator services, directories, directory enquiry services, selective call
barring, itemised billing, maintenance, etc.).

2.2.

Standard tariffs covering access, all types of usage charges, maintenance, and including details of standard
discounts applied and special and targeted tariff schemes.

2.3.

Compensation/refund policy, including specific details of any compensation/refund schemes offered.

2.4.

Types of maintenance service offered.

2.5.

Standard contract conditions, including any minimum contractual period, if relevant.

3.

4.

Dispute settlement mechanisms including those developed by the undertaking.

Information about rights as regards universal service, including the facilities and services mentioned in Annex I.

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ANNEX III

QUALITY OF SERVICE PARAMETERS

Supply-time and quality-of-service parameters, definitions and measurement methods referred to
Articles 11 and 22

Parameter (1)

Definition

Measurement method

Supply time for initial connection

ETSI EG 201 769-1

ETSI EG 201 769-1

Fault rate per access line

Fault repair time

Unsuccessful call ratio (2)

Call set up time (2)

ETSI EG 201 769-1

ETSI EG 201 769-1

ETSI EG 201 769-1

ETSI EG 201 769-1

ETSI EG 201 769-1

ETSI EG 201 769-1

ETSI EG 201 769-1

ETSI EG 201 769-1

Response times for operator services

ETSI EG 201 769-1

ETSI EG 201 769-1

Response times for directory enquiry services

ETSI EG 201 769-1

ETSI EG 201 769-1

Proportion of coin and card operated public pay
telephones in working order

ETSI EG 201 769-1

ETSI EG 201 769-1

Bill correctness complaints

ETSI EG 201 769-1

ETSI EG 201 769-1

(1) Parameters should allow for performance to be analysed at a regional

level (i.e. no less than Level 2 in the Nomenclature of

Territorial Units for Statistics (NUTS) established by Eurostat).

(2) Member States may decide not to require that up-to-date information concerning the performance for these two parameters be kept,

if evidence is available to show that performance in these two areas is satisfactory.

Note: Version number of ETSI EG 201 769-1 is 1.1.1 (April 2000).

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L 108/73

CALCULATING THE NET COST, IF ANY, OF UNIVERSAL SERVICE OBLIGATIONS AND ESTABLISHING
ANY RECOVERY OR SHARING MECHANISM IN ACCORDANCE WITH ARTICLES 12 AND 13

ANNEX IV

Part A: Calculation of net cost

Universal service obligations refer to those obligations placed upon an undertaking by a Member State which concern
the provision of a network and service throughout a specified geographical area, including, where required, averaged
prices in that geographical area for the provision of that service or provision of specific tariff options for consumers
with low incomes or with special social needs.

National regulatory authorities are to consider all means to ensure appropriate incentives for undertakings (designated
or not) to provide universal service obligations cost efficiently. In undertaking a calculation exercise, the net cost of
universal service obligations is to be calculated as the difference between the net cost for a designated undertaking of
operating with the universal service obligations and operating without the universal service obligations. This applies
whether the network in a particular Member State is fully developed or is still undergoing development and expansion.
Due attention is to be given to correctly assessing the costs that any designated undertaking would have chosen to
avoid had there been no universal service obligation. The net cost calculation should assess the benefits, including
intangible benefits, to the universal service operator.

The calculation is to be based upon the costs attributable to:

(i)

elements of the identified services which can only be provided at a loss or provided under cost conditions falling
outside normal commercial standards.

This category may include service elements such as access to emergency telephone services, provision of certain
public pay telephones, provision of certain services or equipment for disabled people, etc;

(ii)

specific end-users or groups of end-users who, taking into account the cost of providing the specified network and
service, the revenue generated and any geographical averaging of prices imposed by the Member State, can only be
served at a loss or under cost conditions falling outside normal commercial standards.

This category includes those end-users or groups of end-users which would not be served by a commercial
operator which did not have an obligation to provide universal service.

The calculation of the net cost of specific aspects of universal service obligations is to be made separately and so as to
avoid the double counting of any direct or indirect benefits and costs. The overall net cost of universal service
obligations to any undertaking is to be calculated as the sum of the net costs arising from the specific components of
universal service obligations, taking account of any intangible benefits. The responsibility for verifying the net cost lies
with the national regulatory authority.

Part B: Recovery of any net costs of universal service obligations

The recovery or financing of any net costs of universal service obligations requires designated undertakings with
universal service obligations to be compensated for the services they provide under non-commercial conditions.
Because such a compensation involves financial transfers, Member States are to ensure that these are undertaken in an
objective, transparent, non-discriminatory and proportionate manner. This means that the transfers result in the least
distortion to competition and to user demand.

In accordance with Article 13(3), a sharing mechanism based on a fund should use a transparent and neutral means for
collecting contributions that avoids the danger of a double imposition of contributions falling on both outputs and
inputs of undertakings.

The independent body administering the fund is to be responsible for collecting contributions from undertakings which
are assessed as liable to contribute to the net cost of universal service obligations in the Member State and is to oversee
the transfer of sums due and/or administrative payments to the undertakings entitled to receive payments from the
fund.

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ANNEX V

PROCESS FOR REVIEWING THE SCOPE OF UNIVERSAL SERVICE IN ACCORDANCE WITH ARTICLE 15

In considering whether a review of the scope of universal service obligations should be undertaken, the Commission is
to take into consideration the following elements:

(cid:151) social and market developments in terms of the services used by consumers,

(cid:151) social and market developments in terms of the availability and choice of services to consumers,

(cid:151) technological developments in terms of the way services are provided to consumers.

In considering whether the scope of universal service obligations be changed or redefined, the Commission is to take
into consideration the following elements:

(cid:151) are specific services available to and used by a majority of consumers and does the lack of availability or non-use

by a minority of consumers result in social exclusion, and

(cid:151) does the availability and use of specific services convey a general net benefit to all consumers such that public
intervention is warranted in circumstances where the specific services are not provided to the public under normal
commercial circumstances?

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Official Journal of the European Communities

L 108/75

INTEROPERABILITY OF DIGITAL CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 24

ANNEX VI

1. The common scrambling algorithm and free-to-air reception

All consumer equipment intended for the reception of digital television signals, for sale or rent or otherwise made
available in the Community, capable of descrambling digital television signals, is to possess the capability to:

(cid:151) allow the descrambling of such signals according to the common European scrambling algorithm as

administered by a recognised European standards organisation, currently ETSI;

(cid:151) display signals that have been transmitted in clear provided that, in the event that such equipment is rented,

the rentee is in compliance with the relevant rental agreement.

2.

Interoperability for analogue and digital television sets

Any analogue television set with an integral screen of visible diagonal greater than 42 cm which is put on the
market for sale or rent in the Community is to be fitted with at least one open interface socket, as standardised by
a recognised European standards organisation, e.g. as given in the CENELEC EN 50 049-1:1997 standard,
permitting simple connection of peripherals, especially additional decoders and digital receivers.

Any digital television set with an integral screen of visible diagonal greater than 30 cm which is put on the market
for sale or rent in the Community is to be fitted with at least one open interface socket (either standardised by, or
conforming to a standard adopted by, a recognised European standards organisation, or conforming to an
the DVB common interface connector, permitting simple connection of
industry-wide specification) e.g.
peripherals, and able to pass all the elements of a digital television signal,
including information relating to
interactive and conditionally accessed services.

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Official Journal of the European Communities

24.4.2002

ANNEX VII

CONDITIONS FOR THE MINIMUM SET OF LEASED LINES REFERRED TO IN ARTICLE 18

Note:

In accordance with the procedure in Article 18, provision of the minimum set of leased lines under the
conditions established by Directive 92/44/EC should continue until such time as the national regulatory
authority determines that there is effective competition in the relevant leased lines market.

National regulatory authorities are to ensure that provision of the minimum set of leased lines referred to in Article 18
follows the basic principles of non-discrimination, cost orientation and transparency.

1.

Non discrimination

National regulatory authorities are to ensure that the organisations identified as having significant market power
pursuant to Article 18(1) adhere to the principle of non-discrimination when providing leased lines referred to
in Article 18. Those organisations are to apply similar conditions in similar circumstances to organisations
providing similar services, and are to provide leased lines to others under the same conditions and of the same
quality as they provide for their own services, or those of their subsidiaries or partners, where applicable.

2.

Cost orientation

National regulatory authorities are, where appropriate, to ensure that tariffs for leased lines referred to in Article
18 follow the basic principles of cost orientation.

To this end, national regulatory authorities are to ensure that undertakings identified as having significant
market power pursuant to Article 18(1) formulate and put in practice a suitable cost accounting system.

National regulatory authorities are to keep available, with an adequate level of detail, information on the cost
accounting systems applied by such undertakings. They are to submit this information to the Commission on
request.

3.

Transparency

National regulatory authorities are to ensure that the following information in respect of the minimum set of
leased lines referred to in Article 18 is published in an easily accessible form.

3.1.

3.2.

Technical characteristics, including the physical and electrical characteristics as well as the detailed technical and
performance specifications which apply at the network termination point.

Tariffs, including the initial connection charges, the periodic rental charges and other charges. Where tariffs are
differentiated, this must be indicated.

Where,
in response to a particular request, an organisation identified as having significant market power
pursuant to Article 18(1) considers it unreasonable to provide a leased line in the minimum set under its
published tariffs and supply conditions, it must seek the agreement of the national regulatory authority to vary
those conditions in that case.

3.3.

Supply conditions, including at least the following elements:

(cid:151) information concerning the ordering procedure,

(cid:151) the typical delivery period, which is the period, counted from the date when the user has made a firm
request for a leased line, in which 95 % of all leased lines of the same type have been put through to the
customers.

This period will be established on the basis of the actual delivery periods of leased lines during a recent
time interval of reasonable duration. The calculation must not include cases where late delivery periods
were requested by users,

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(cid:151) the contractual period, which includes the period which is in general laid down in the contract and the

minimum contractual period which the user is obliged to accept,

(cid:151) the typical repair time, which is the period, counted from the time when a failure message has been given
to the responsible unit within the undertaking identified as having significant market power pursuant to
Article 18(1) up to the moment in which 80 % of all leased lines of the same type have been re-established
and in appropriate cases notified back in operation to the users. Where different classes of quality of repair
are offered for the same type of leased lines, the different typical repair times shall be published,

(cid:151) any refund procedure.

In addition where a Member State considers that the achieved performance for the provision of the minimum
set of leased lines does not meet users’ needs, it may define appropriate targets for the supply conditions listed
above.