Proposal for a COUNCIL DECISION Establishing the EU Position for the review of the International Telecommunications Regulations to be taken at the World Conference on International Telecommunications or its preparatory instances
Date: 2012-08-02
Institutions: European Commission
Subjects: information society, international conference, regulation of telecommunications, telecommunications industry

EUROPEAN COMMISSION 

Brussels, 2.8.2012  
COM(2012) 430 final 

2012/0207 (NLE) 

Proposal for a 

COUNCIL DECISION 

Establishing the EU Position for the review of  
the International Telecommunications Regulations to be taken at the  
World Conference on International Telecommunications or its preparatory instances 

EN 

   EN 

 
 
 
  
 
 
 
 
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  International  Telecommunications  Union  (ITU)  is  a  specialised  agency  of  the  United 
Nations,  the  aim  of  which  is  to  promote  “international  cooperation  among  peoples  and 
economic and social development by means of efficient telecommunication services”. The 27 
Member States of the European Union (EU) are voting members of the ITU and the European 
Commission is a non-voting sector member.  

At the 2010 ITU Plenipotentiary, it was decided to hold a World Conference on International 
Telecommunications (WCIT) in Dubai from 3rd to 14th December 2012, with the aim to revise 
the  International  Telecommunications  Regulations  (ITRs).  The  ITRs  define  the  general 
principles  for  the  provision  and  operation  of  international  telecommunications  and  are  a 
global treaty signed by 178 countries.  

issues  related 

the  ITRs  address 

While 
to  domestic) 
to 
telecommunications  services,  there  are  aspects  of  the  ITRs  that  related  directly  to  issues 
covered  by  the  EU  acquis,  in  particular  the  Framework  for  electronic  communications.  The 
EU therefore needs to ensure that any proposed changes to the ITRs that are agreed in Dubai 
do  not  conflict  with  applicable  legislation  in  the  EU  or  restrict  the  EU  as  to  the  future 
development of the EU acquis. 

international  (as  opposed 

The Commission therefore recommends that the Council adopts the attached decision in order 
to  allow  the  EU  to  negotiate  the  revision  of  the  ITRs  in  Dubai.  The  legal  basis  for  the 
proposed Council Decision is: 

Article 218(9) TFEU in respect of the proposed agreement with third countries, and 

Article 114 TFEU in respect of the related legal measures already adopted for electronic 
communications which may be affected by such an agreement with third countries. 

2. 

NATURE AND SCOPE OF THE DISCUSSIONS 

As  noted  above,  the  ITRs  provide  for  general  principles  for  the  provision  and  operation  of 
international telecommunications. These include specific provisions related to:  

Art. 3  International Network 

Art. 4  International Telecommunication Services 

Art. 5  Safety of Life and Priority of Telecommunications   

Art. 6  Charging and Accounting 

Art. 7  Suspension of Services 

Art. 8  Dissemination of Information 

Art. 9  Special Arrangements 

EN 

2 

   EN 

Art. 10 Final Provisions 

App. 1 General Provisions Concerning Accounting 

App. 2 Additional Provisions Relating to Maritime Telecommunications 

App.3  Service and Privilege Telecommunications 

During  the  negotiations,  amendments  may  be  proposed  that  extend  the  scope  of  the  current 
ITRs, either from a technological, legal or market perspective.  

The  ITU  has  created  a  Council  Working  Group  to  review  the  ITRs  and  parallel  regional 
consultations  are  on-going.  For  the  EU  the  relevant  regional  forum  is  the  European 
Conference of Postal and Telecommunications Administrations (CEPT), which comprises 48 
countries  including  all  EU  Member  States.  The  European  Commission  participates in  an 
advisory capacity in CEPT, with the right to speak but not to vote.  

The final meeting of the Council Working Group prior to Dubai took place in Geneva from 
20-22  June  2012.  CEPT  will  continue  to  engage  in  preparatory  meetings  in  September  and 
November 2012.  

3. 

PREPARATIONS OF THE EU POSITION 

EU Member States have been active participants in both the ITU Council Working Group and 
CEPT  discussions  on  the  ITRs.  Several  of  the  draft  “European  Common  Positions”  being 
considered  for  submission  by  CEPT  to  the  WCIT  for  example,  have  been  drafted  by  EU 
Member States. The European Commission has also been active in both fora, notwithstanding 
the limitations on its participation resulting from its current status.  

EN 

3 

   EN 

2012/0207 (NLE) 

Proposal for a 

COUNCIL DECISION 

Establishing the EU Position for the review of  
the International Telecommunications Regulations to be taken at the  
World Conference on International Telecommunications or its preparatory instances 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 114 and 218(9) thereof,  

Whereas: 

(1) 

The International Telecommunication Regulations (ITRs) were adopted by the World 
Administrative Telegraphy and Telephone Conference in Melbourne in 1988 and have 
not been revised since; 

(2) 

The 27 Member States of the European Union are signatories of these ITRs; 

(3) 

(4) 

The International Telecommunication Union (ITU) has called for a meeting in Dubai 
from  3  until  14  December  2012,  named  the  World  Conference  on  International 
Telecommunications (WCIT), to agree to a new text for these ITRs; 

The  European  Union  has  adopted  legislation  that  establishes  rules  in  the  area  of 
particular:  
telecommunications, 

in 

(a)  Directive  2009/140/EC  of  the  European  Parliament  and  of  the  Council  of  25 
November 2009 amending Directives 2002/21/EC on a common regulatory framework 
for  electronic  communications  networks  and  services,  2002/19/EC  on  access  to,  and 
interconnection of, electronic communications networks and associated facilities, and 
2002/20/EC on the authorisation of electronic communications networks and services; 

(b)  Directive  2009/136/EC  of  the  European  Parliament  and  of  the  Council  of  25 
November 2009 amending Directive 2002/22/EC on universal service and users’ rights 
relating  to  electronic  communications  networks  and  services,  Directive  2002/58/EC 
concerning  the  processing  of  personal  data  and  the  protection  of  privacy  in  the 
electronic communications sector and Regulation (EC) No 2006/2004 on cooperation 
between  national  authorities  responsible  for  the  enforcement  of  consumer  protection 
laws; 

EN 

4 

   EN 

 
 
 
 
 
 
 
(c)  Directive  2002/77/EC  of  16  September  2002  on  competition  in  the  markets  for 
electronic communications networks and services; 

Several  of  the  proposals  tabled  so  far  for  changes  to  the  ITRs  relate  to  aspects  of 
international  telecommunications  that  are  clearly  within  the  scope  of  the  EU  acquis 
and  Union  policies,  including  the  relationship  between  regulatory  authorities  and 
independent  commercial  operators,  roaming,  and  the  protection  of  personal  data.  As 
the ITRs are binding on Parties (unless a Party formally communicates its objection to 
an  amendment)  this  requires  that  the  European  Union  has  to  establish  a  position  on 
those aspects of the proposed modifications to the ITRs that will have legal effect;  

The position of the European Union within the WCIT needs to ensure that any changes 
to the ITRs are compatible with the acquis ; 

The European Commission will inform the ITU about the respective competencies of 
the European Union and its Member States on such matters; 

(5) 

(6) 

(7) 

(8)  Meetings  have  taken  place  in  the  context  of  the  European  Conference  of  Postal  and 
Telecommunications  (CEPT)  to  prepare  European  Common  Positions  on  the  ITR 
review. 

HAS ADOPTED THIS DECISION:  

Article 1 

the  European  Union  at 

the  World  Conference  on  International 
The  position  of 
Telecommunications (WCIT) from the 3rd to the 14th December 2012, in relation to matters 
falling  within  its  competence,  shall  be  to  ensure  that  any  changes  to  the  International 
Telecommunication  Regulations  will  be  compatible  with  the  EU  acquis  and  further  the 
Union's objectives.  

The European Commission shall present the European Union position as set out in annex 1 on 
such matters. 

Article 2 

On  other  issues  which  are  to  be  discussed  in  the  WCIT,  Member  States  will  aim  to  have 
common positions. 

Done at Brussels,  

For the Council 
The President 

EN 

5 

   EN 

 
 
 
Annex 

(1) The overarching objective of the European Union in relation to the WCIT is to ensure that 
any amendment to the International Telecommunications Regulations (ITRs) shall contribute 
to  the  development  of  the  information  society  for  the  benefit  of  all  citizens  and 
telecommunications  users  world-wide,  and  users  in  the  European  Union  in  particular  and 
comply with the Union’s acquis and policy. 

(2) The European  Union shall take the  following position on proposals for decisions by the 
WCIT  at  its  meeting  in  Dubai  between  3rd  and  14th  December  2012  and  any  related 
preparatory meetings:  

(a) Do not support any proposals that conflict with the EU acquis, or introduce obligations on 
operators which go beyond those already provided for under the EU acquis; 
(b)  Support  proposals  that  respect  the  sovereignty  of  ITU  member  states  and  in  particular 
recognise those areas that are a national matter such as cybercrime, content, national security 
and defence. 
(c) Support proposals that seek to ensure that the revised ITRs remain high level, strategic and 
technology  neutral  and  oppose  proposals  to  make  ITU  recommendations  binding  on  ITU 
member states and operating agencies;; 
(d) Support any proposals to maintain the current scope of the ITRs and the current mandate 
of the ITU, oppose any proposals to extend the scope to areas such as the routing of Internet-
based traffic, content-related issues; 
(e) Support proposals to respect human rights in relation to international telecommunications, 
support proposals to respect privacy and personal data protection in relation to personal data 
and communications (subject to 2(a) above)  
(f) Support measures to promote greater international cooperation in relation to the security of 
networks used for international telecommunications traffic; 
(g)  Support  pro-competitive  measures  intended  to  help  achieve  lower  prices,  and  greater 
transparency  on  prices,  for  international  telecommunications  traffic,  based  on  commercial 
negotiations in a free and fair marketplace; 
(h)  Do  not  support  proposals  to  establish,  within  the  ITU,  mechanisms  to  settle  disputes 
between operators as such mechanisms are not necessary;; 
(i)  Support  proposals  that  ensure  that  maritime  communications  can  be  charged  in  an 
economically efficient way. 

In  order  to  make  (2)  (a)  above  explicit,  EU  agreement  to  any  final  outcome  should  be 
explicitly conditional on the submission of a formal statement by the EU to other participants 
regarding the applicability of EU regulatory provisions, as follows: 

“In  signing  the  Final  Acts  of  the  World  Conference  on  International  Telecommunications 
(Dubai,  2012),  the  Delegations  of  the  Member  States  of  the  European  Union  declare  that 
these States will apply the International Telecommunication Regulations in accordance with 
their obligations under the Treaty establishing the European Union.”. 

EN 

6 

   EN