CELEX: 51989PC0325
Language: en
Date: 1989-08-10
Title: REVISED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE ESTABLISHMENT OF THE INTERNAL MARKET FOR TELECOMMUNICATIONS SERVICES THROUGH THE IMPLEMENTATION OF OPEN NETWORK PROVISION ( O N P )

OMMISSION OF THE EUROPEAN COMMUNITIES
                                            C0MC89)   325  final  - SYN 187
                                            Brussels,   10  August 1989
                   REVISED PROPOSAL
               FOR A COUNCIL DIRECTIVE
     ON THE ESTABLISHMENT OF THE INTERNAL MARKET
          FOR TELECOMMUNICATIONS SERVICES
           THROUGH THE IMPLEMENTATION OF
            OPEN NETWORK PROVISION (O N P)
                  (presented by the Commission)
 ---pagebreak---                                                                                             1
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in
particular Article 100a thereof;
Having regard to the proposal from the Commission1;
In co-operation with the European Parliament2;
Having regard to the opinion of the Economic and Social Committee3;
1.      Whereas Article 8a of the Treaty stipulates that the internal market shall comprise
        an area without internal frontiers in which the free movement of services is
        ensured, in accordance with the other provisions of the Treaty;
2.      Whereas the Commission has submitted a Green Paper on the Development of the
        Common Market for Telecommunications Services and Equipment (COM(87)
        290), dated 30 June 1987, and a Communication on the Implementation of the
        Green Paper up to 1992 (COM(88) 48), dated 9 February 1988;
3.      Whereas the Council has adopted on 30 June 1988 a Resolution on the
        development of the common market for telecommunications services and
        equipment up to 19924;
     O.J. C 39 of 16.02.1989, p. 8.
     Opinion of 26.05.1989 (not yet published in the Official Journal).
     O.J. C 159 of 26.06.1989, p. 37.
     O.J. C 257 of 04.10.1988, p. 1.
 ---pagebreak--- 4.  Whereas, given the obstacles resulting from diverging laws, regulations, or
    administrative actions in the Member States, the full establishment of a
    Community-wide market in telecommunications services can only be achieved by
    the rapid introduction of harmonized principles and conditions for Open Network
    Provision, in order to avoid a series of contentious cases and lengthy conflict, in
   particular for transfrontier provision of services;
5. Whereas, since situations differ and technical and administrative constraints exist in
   the Member States, progress towards this objective should be made in stages;
6. Whereas the conditions of Open Network Provision must be consistent with certain
   principles and should not restrict access to networks and services except for reasons
   of general public interest, hereinafter referred to as 'essential requirements';
7. Whereas the definition and interpretation of such principles and essential
   requirements must take full account of the fact that any restrictions of the right to
   provide services within and between Member States must be objectively justified,
   must follow the principle of proportionality and must not be excessive in relation to
   the aim pursued;
8. Whereas the conditions of Open Network Provision must not allow for any additional
   restrictions on the use of the public telecommunications network and/or public
   telecommunications services except those which may be derivedfromthe exercise of
   exclusive or special rights granted by Member States, and are compatible with
   Community law;
9. Whereas the creation of an open common market in telecommunications services and
   equipment is compatible with continued exclusive or special rights of
   telecommunications organizations as regards the supply and the operation of the
   network infrastructure and the provision of a limited number of basic services where
   such exclusive provision is deemed essential at this stage, for safeguarding the public
   service role;
 ---pagebreak--- 10. Wliereas this applies in particular to the provision of voice telephony;
11. Whereas special consideration will also need to be given to the provision of the telex
    service, the packet- and circuit-switched data services and in particular the simple resale
    of capacity for the transmission of data;
12. Whereas the simple resale of capacity consists of the commercial provision on leased
    lines for the general public of data transmission as a separate service, including only
    such switching, processing, storing of data, or protocol conversion, as is necessary for
    transmission in real-time, to and from the public switched network;
13. Whereas the arguments in favour of continued exclusive or special rights, where they
    exist, must be weighed carefully against the obligations of the telecommunications
    organizations which will be retained but also against the restrictions which this may
    impose on those connected to the network concerning present and future application for
    their own use, shared use or provision to third parties;
14. Whereas the working out in detail of harmonized conditions of Open Network
    Provision must be a progressive process and should be prepared in consultation
    with the Member States, the Telecommunications organizations and the other
    parties concerned, and in particular with the assistance of an advisory committee,
    which consults the representatives of the telecommunications organizations, the users,
    the consumers, the manufacturers and the service providers;
15. Whereas the definition of harmonized conditions for Open Network Provision must
    be a process open to all parties concerned and therefore sufficient time should be
    given for public comment;
 ---pagebreak--- 16.     Whereas the Community-wide definition of harmonized technical interfaces and
        access conditions must be based on the definition of common technical
        specifications based on international standards and specifications;
17.     Whereas work in this area must take full account, inter alia, of the framework
       provided by Council Directive 83/189/EEC of 28 March 1983 laying down a
       procedure for the provision of information in the field of technical standards and
       regulations5, as amended by Directive 88/182/EEC6, Council Directive
       86/361/EEC of 24 July 1986 on the initial stage of the mutual recognition of type
       approval for telecommunications terminal equipment7 and other relevant
       Community legislation and Council Decision 87/95/EEC of 22 December 1986 on
       standardization in the field of information technology and telecommunications8;
18.    Whereas the formal adoption of the statutes of the European Telecommunications
       Standards Institute (ETSI) on 12 February 1988, and of the associated internal
       rules, has created a new mechanism for producing European telecommunications
       standards;
19.    Whereas the Council in its Resolution of 27 April 19899 has supported the work of
       ETSI and invited the Commission to contribute to the coherent development of ETSI
       and lend it Us support, in particular in the programme of work related to the
       Community *s telecommunications policy;
20.    Whereas the general guide-lines agreed with the Joint European Standards
       Institution CEN/CENELEC henceforth make it possible to entrust specialized
       technical harmonization work to this body;
    O.J. L 109 of 26.04.1983, p. 8.
    O.J. L 81 of 26.03.1988, p. 75.
    O.J. L 217 of 05.08.1986, p. 21.
    O.J. L 36 of 07.02.1987, p. 31.
    O.J. C 117 of 11.05.1989, p. 1.
 ---pagebreak--- 21.    Whereas the Community-wide definition and implementation of clear harmonized
       network termination points establishing the physical interface between the network
       infrastructure and users' and other service providers' equipment will be an essential
       element of the overall concept of Open Network Provision;
22.    Whereas Commission Directive 88/301/EEC of 16 May 1988 on competition in the
       markets of telecommunications terminal equipment10 requires Member States to
       ensure that users who so request shall be given access to network termination
       points within a reasonable time period;
23.    Whereas the principal aim of the establishment of an internal market in
       telecommunications services must be the freedom to provide services in the whole
       of the Community once authorized or legally provided in a Member State;
24.    Whereas this will require the mutual recognition of licensing procedures for
       services provision where such authorization may be required;
25.    Whereas such mutual recognition of licensing procedures required must depend on
       progress on the harmonization of the conditions for service provision, by the
       progressive implementation of Open Network Provision;
26.    Whereas in its Resolution of 30 June 1988 on the development of the common
       market for telecommunications services and equipment up to 1992 the Council
       considered the taking fully into account of the external aspects of Community
       measures on telecommunications to be a major policy goal;
27.    Whereas in accordance with the Council Decision of 28 November 1988, the
       Member States have accompanied their signature of the Final Acts of the World
       Administrative Telegraph and Telephone Conference ( WATTC-88) by a joint
       declaration stating that they will apply the International Telecommunications
       Regulations in accordance with their obligations under the EEC Treaty;
10
    O.J. L 131 of 27.05.1988, p. 73.
 ---pagebreak--- 28.  Whereas the Community attaches major importance to the continued growth of
     cross-border telecommunications services, to the contribution of
     telecommunications services provided by companies,firmsor natural persons
     established in a Member State of the Community to the growth of the Community
     market, and to the increased participation of Community service providers in third
     country markets; whereas it will therefore be necessary, as detailed Directives are
     elaborated, to ensure that these objectives are taken into account with a view to
     reaching a situation where the realization of the more open Community market for
     telecommunications services will, where appropriate, be accompanied by reciprocal
     market opening elsewhere;
    Whereas this can be achieved preferably through multilateral negotiations in the
    framework of GATT, or through bilateral negotiations between the Community and
    third countries;
29. Whereas this Directive should not address the problems of mass media, meaning
    broadcasting and distribution of television programmes via telecommunications
    means, in particular cable television networks, which need special consideration;
30. Whereas this Directive should not address communication via satellite for which,
    according to the Council Resolution of 30 June 1988, a common position should be
    worked out;
31. Whereas the Council, on the basis of a report which the Commission shall submit to
    the Council and the European Parliament, and in accordance with Article 100b of the
    Treaty, shall review, during 1992, any remaining conditions for access to
    telecommunications services which have not been harmonized, the effects of these
    conditions on the workings of the internal market for telecommunications services, and
    the extent to which this market needs to be further opened up;
 ---pagebreak--- HAS ADOPTED THIS DIRECTIVE:
                                        Article 1
1.   This Directive provides for the harmonization of conditions for open and efficient
     access to and use of public telecommunications networks and, where applicable,
     public telecommunications services, as defined in Article 2.
2.   These conditions are designed to facilitate the provision of services using public
     telecommunications networks and/or public telecommunications services, within and
     between Member States. This includes in particular the provision of services by
     companies, firms or natural persons established in a Member State of the
     Community other than that of the company, firm or natural person for whom the
     services are intended.
 ---pagebreak---                                           Article 2
For the purposes of this Directive:
1.      Telecommunications Organizations' means public or private bodies, to which a
       Member State grants special or exclusive rights for the provision of a public
       telecommunications network and, when applicable, public telecommunications
       services.
       The bodies listed in Annex 1 fulfil these criteria. The Commission, after having
       consulted the Committee referred to in Article 9, shall amend Annex 1 in order
               to delete entities to which Annex 1 refers and which do no longer fulfill the
               criteria mentioned above, or
               to include entities which will have been granted special or exclusive rights and
               meet those criteria.
2.     'Special or exclusive rights ' means the rights granted by a Member State or a public
       authority to one or more public or private bodies through any legal or regulatory
       instrument reserving them the right to provide a service or undertake an activity.
3.     'Public telecommunications network' means the public telecommunications
       infrastructure which enables signals to be transmitted between defined network
       termination points by wire, by microwave, by optical means or by other electromagnetic
       means.
4.     Public telecommunications services ' means services offered by telecommunications
       organizations and whose provision consists wholly or partly in the transmission and
       routing of signals on the public telecommunications network by means of
       telecommunications processes, with the exception of radio-broadcasting and television.
 ---pagebreak--- 5.  "Network termination point' means all physical connections and their technical access
   specifications which form part of the public telecommunications network and are
   necessary for access to and efficient communication through that public network.
6. 'Essential requirements' means the non-economic reasons in the general interest
   which may cause a Member State to regulate the supply of telecommunications services.
   These reasons are security of network operations, maintenance of network integrity,
   and, in justified cases, interoperability of services and data protection.
7.  'Voice telephony' means the commercial provision for the general public of the direct
   transport and switching of real-time speech to and from public switched network
   termination points, whereby any user can use equipment connected to such a network
   termination point to communicate with another termination point.
8.  'Packet- and circuit-switched data services ' means the commercial provision for the
   general public of direct transport of data to and from public switched network
   termination points, whereby any user can use equipment connected to such a network
   termination point to communicate with another tennination point.
9. Telex service ' means the commercial provision for the general public of direct transport
   of telex messages in accordance with the relevant CCITT recommendation to and from
   public switched network termination points, whereby any user can use equipment
   connected to such a network termination point to communicate with another
   termination point.
 ---pagebreak---                                                                                            10
10.  'Open Network Provision conditions' means the conditions harmonized according
     to the provisions set forth in this Directive which concern the efficient access to and
    use of public telecommunications networks and, where applicable, public
    telecommunications services (hereinafter referred to as 'ONP conditions').
    ONP conditions can include in particular harmonized conditions with regard to:
             technical interfaces, including the definition and implementation of network
             termination points, where required;
             usage conditions, including access to frequencies where required;
             tariff principles.
    ONP conditions will apply to efficient access to or use of those public
    telecommunications networks and public telecommunications services for which the
    telecommunications organizations defined under 1. are in law or in fact the sole or
    main providers either singly or jointly.
    The areas to which ONP conditions shall apply, will be defined according to Article 4.
11. Technical specifications', 'standards' and 'terminal equipment' are given the same
    meaning as in Article 2 of Directive 86/361 /EEC.
 ---pagebreak---                                                                                    11
                                       Article 3
1. ONP conditions must comply with a number of basic principles. These principles
   are that:
           conditions must be based on objective criteria;
           conditions must be transparent, and published in an appropriate manner;
           conditions must guarantee equality of access, and must be non-
           discriminatory, in accordance with Community law.
2. ONP conditions must not restrict access to public telecommunications networks or
   public telecommunications services except for reasons based on essential
   requirements, within the framework of Community law. These requirements are:
           security of network operations;
           maintenance of network integrity;
           interoperability of services, in justified cases;
           protection of data, in justified cases.
   In addition, the conditions in general applicable to the connection of terminal
   equipment to the network shall apply.
 ---pagebreak---                                                                                          12
3.  ONP conditions must not allow for any additional restrictions on the use of the
    public telecommunications network and /or public telecommunications services
    except those which may be derived from the exercise of exclusive or special rights
   granted by Member States, and are compatible with Community law.
4. The Council, acting on a proposal from the Commission, pursuant to Article 100a of
   the Treaty, shall supplement as necessary the lists drawn up under paragraphs 1. and
   2.
5. The details of the application of essential requirements, in particular concerning the
   interoperability of services and the protection of data, shall be determined, where
   appropriate, by the Commission, after having consulted the Advisory Committee
   referred to in Article 9. Protection of data may comprise the protection ofpersonal data,
   the confidentiality of voice and data transmitted and/or stored as well as the protection
   of privacy.
 ---pagebreak---                                                                                           13
                                          Article 4
1. ONP conditions shall be defined in stages, in accordance with the procedure set out
   hereafter.
2. ONP conditions shall concern the areas selected according to Annex 2.
   The Council, acting on a proposal from the Commission, pursuant to Article 100a of
   the Treaty, shall supplement as necessary Annex 2.
3. The Commission shall draw up each year, after consulting the Committee referred
   to in Article 9, a list of priority areas.
4. For the priority areas chosen, the Commission shall:
   (1)     carry out detailed analysis, in consultation with the Committee referred to
           in Article 9, according to defined time schedules, and establish reports on
           the results of this analysis;
   (2)     request, where appropriate, on the basis of the reports on this analysis, taking
           into consideration the comments received during the public comment
           period according to Article 5.1, and with due regard to the general
           programme of standardization in the information technology sector, the
           European Telecommunications Standards Institute (ETSI) to draw up
           European standards, taking account, as appropriate, of international
           standardization as a basis for harmonized technical interfaces and/or
           service features where required, within specified time limits; in so doing, it
           shall co-ordinate, in particular, with the Joint European Standards
           Institution CEN/CENELEC;
   (3)    draw up ONP conditions in accordance with Article 3 and with the elements
          listed in the ONP reference framework in Annex 3.
 ---pagebreak---                                                                                        14
                                      Article 5
1. The Commission shall invite, by publication in the Official Journal of the European
   Communities, public comment by all parties concerned on the reports established
   according to Article 4.4(1). The period for public comment will be no less than
   three months from the date of publication.
2. Reference to European standards drawn up as a basis for harmonized technical
   interfaces and/or service features for ONP according to Article 4.4(2) and accepted
   by the Commission, shall be published in the Official Journal of the European
   Communities. Member States shall consider those standards as suitable for Open
   Network Provision conditions and shall presume that a service provider who complies
   with those standards fulfills the relevant essential requirements.
 ---pagebreak---                                                                                             15
                                            Article 6
Following the completion of the procedures set forth in Articles 4 and 5, and acting on the
proposal from the Commission, pursuant to Article 100a of the Treaty, the Council shall
adopt detailed Directives for the establishment of ONP conditions for each area which
shall include:
         a time schedule for the implementation of harmonized technical interfaces and/or
         service features where required, including the implementation of harmonized
         network termination points, as appropriate, taking account of market demand;
         details of harmonized usage conditions;
         details of harmonized tariff principles;
and any other aspects of relevance.
 ---pagebreak---                                                                                           16
                                       Article 7
 1.  Depending on the progress of harmonization of conditions through the
     establishment of ONP according to the procedures set out under Articles 4, 5 and 6,
    the Council acting on a proposal from the Commission, pursuant to Article 100a of
    the Treaty, shall adopt measures specifying the conditions under which the mutual
    recognition of declaration and/or licensing procedures for the provision of services
    via public telecommunications networks shall be ensured where such declaration or
    licence is required by Member States.
    The measures shall eliminate any requirement for additional declaration or
    licensing in other Member States, once a service is legally produced in a Member
    State.
2.  Towards this end, the Council acting on a proposal by the Commission, pursuant to
    Article 100a of the Treaty, shall adopt measures for harmonizing declaration and/or
    licensing procedures, where required.
3.  In accordance with Article 8c of the Treaty, these proposals may take into account,
    to the extent required up to the end of 1992, the effort that certain economies
    showing differences in development of these services, will have to sustain during the
    establishment of the harmonized conditions and declaration and/or licensing
    schemes referred to under paragraphs 1. and 2.
 ---pagebreak---                                                                                           17
                                          Article 8
During 1992, the Council, on the basis of a report which the Commission shall submit to the
Council and the European Parliament, shall review any remaining conditions for access to
telecommunications services which have not been harmonized, the effects of these conditions
on the workings of the internal market for telecommunications services, and the extent to which
this market needs to be further opened up, in conformity with Community law, taking account
of technological development and in accordance with the procedure provided for under
Article 100b of the Treaty.
 ---pagebreak---                                                                                         18
                                       Article 9
1. The Commission shall be assisted by a committee of an advisory nature composed
   of the representatives of the Member States and chaired by the representative of
   the Commission, which consults the representatives of the telecommunications
   organizations, the users, the consumers, the manufacturers and the service providers.
2. The representative of the Commission shall submit to the committee a draft of the
   measures to be taken. The committee shall deliver its opinion on the draft, within a
   time limit which the chairman may lay down according to the urgency of the matter,
   if necessary by taking a vote.
3. The opinion shall be recorded in the minutes; in addition, each Member State shall
   have the right to ask to have its position recorded in the minutes.
4. The Commission shall take the utmost account of the opinion delivered by the
   committee. It shall inform the committee of the manner in which its opinion has
   been taken into account.
 ---pagebreak---                                                                                           19
                                          Article 10
1.     Member States shall bring into force the laws, regulations and administrative
       provisions necessary in order to comply with this Directive by 31 December 1990 at
       the latest. They shall forthwith inform the Commission thereof.
       The provisions adopted pursuant to thefirstparagraph shall make express reference to
       this Directive.
2.     Member States shall ensure that the texts of the provisions of national law which
       they adopt in the field governed by this Directive are communicated to the
       Commission.
                                          Article U
This Directive is addressed to the Member States.
 ---pagebreak---                                                                20
                                       ANNEX 1
                 BODIES FULFILLING THE CRITERIA OF ARTICLE 2.1
 Belgium
 Régie des Télégraphes et des Téléphones /
 Regie van Telegrafie en Telefonie (RTT)
 Denmark
 Kobenhavns Telefon Aktieselskab
 Jydsk Telefon
 Fyns Kommunale Telefonselskab
 Post-og Telegrafvaesnet
 Statens Teletjeneste
 Federal Republic of Germany
 Deutsche Bundespost - TELEKOM
France
Direction Générale des Télécommunications (France Télécom)
Transpac
Greece
HeDenic Telecommunications Organization, SA. (OTEy
IreJanl
Telecom Etream»
 ---pagebreak---                                                         21
Italy
Amministrazione délie Poste e delle Telecom un icazioni
Azienda di Stato per i Servizi Telefonici
Società Italiana per TEsercizio Telefonico SpA
Italcable
Telespazio SpA
Luxembourg
Administration des Postes et des Télécommunications
The Netherlands
PTT Telecommunicatie B. V.
Portugal
Correios e Telecommunicacoes de Portugal
Telefones de Lisboa e Porto
Companhia Portuguesa Radio Marconi
Scâin
Telefonica SA.
United Kingdom
British Telecommunications pic (BT)
Mercury Communications Ltd
City of Kingston-upon-Hull
 ---pagebreak---                                                                                                22
                                           ANNEX 2
                  AREAS FOR WHICH OPEN NETWORK CONDITIONS
              MAY BE DRAWN UP IN ACCORDANCE WITH ARTICLE 42
ONP conditions sliall concern areas vital for the efficient access to and use ofpublic
telecommunications networks and/or public telecommunications services for which exclusive or
special rights exist - or may exist - in accordance with Community law and/or for which the
exclusive or special rights for the public network infrastructure are a major factor for optimal
provision of such services to the general public.
Subject to the above criteria, areas sliall be selected from the following list:
1.      leased lines;
2.      packet- and c/Vrw/Y-switched data services;
3.      ISDN (Integrated Services Digital Network);
4.     voice telephony service;
5.      new types of access to the local network infrastructure, such as access, under certain
        conditions, to the circuits connecting subscriber premises to the public network
        exchange, without disruption to the basic service for which this connection may be
       provided (eg. telephony, telex);
6.     telex service;
7.     mobile services, as applicable;
8.     broadband network resources, according to progress on definition and technological
       development.
 ---pagebreak---                                                                                              23
                                           ANNEX 3
                                        (former Annex 4)
               REFERENCE FRAMEWORK FOR THE ELABORATION OF
             ONP CONDITIONS IN ACCORDANCE WITH ARTICLE 4.4(3)
The elaboration of ONP conditions should proceed according to the following reference
framework:
1.     Definition of harmonized technical interfaces and service features
       For ONP conditons the following scheme should be taken into account for the
       definition of technical interfaces at appropriate network termination points:
                For existing services, existing interfaces should be adopted. Enhancement
                of such interfaces may be considered for additional capabilities;
                For entirely new services existing interfaces should also be adopted, as far
                as applicable. When existing interfaces are not suitable, enhancements, or
                new interfaces, will have to be specified;
                For services and networks that are yet to be introduced, but for which the
                standardization programme has already commenced, ONP requirements
                should be taken into account when specifying new interfaces.
       ONP requirements must be, wherever possible, in line with the on-going work on
       CCITT and CEPT recommendations.
 ---pagebreak---                                                                                            24
       Work in this area shall take full account of the framework given by Council
       Directive 83/189/EEC laying down a procedure for the provision of information in
      the field of technical standards and regulations, Council Directive 86/361/EEC on
      the initial stage of the mutual recognition of type approval for telecommunications
      terminal equipment11 and Council Decision 87/95/EEC on standardization in the
      field of information technology and telecommunications.
      Work shall include the full definition of network termination points where required
      and not covered under appropriate procedures elsewhere.
      ONP offerings shall in general present increased versatility compared with existing
      offerings. Correspondingly, additional features should be identified where
      required.
      Under ONP such additional features may be classified as:
              inclusive if they are provided in association with a specific interface and
            • included in the standard offering;
              optional if they can be requested as an option with regard to a specific ONP
              offering, subject to an additional tariff.
      Work shall include the elaboration of proposals for time schedules for introduction
      of interfaces and service features, taking account of the environment of
      telecommunications networks and services in the Community.
11 And any subsequent relevant Community legislation.
 ---pagebreak---                                                                                        25
2. Definition of harmonized usage conditions
   Usage conditions shall identify conditions of access and of supply, as far as
   required.
   They may include in particular the following attributes as applicable:
           maximum provision time (delivery period);
           minimum contractual period;
           quality of service, including, as applicable:
                   availability
                   mean time to repair
                   transmission quality
           maintenance and fault reporting, including, as applicable:
                   access to network maintenance facilities
                   access to network diagnostic facilities
                   access to network fault reporting facilities
           conditions for resale of capacity;
           conditions for shared use;
           conditions for third party use;
           conditions for interconnection with public and private networks;
   Usage conditions may include conditions regarding access to frequencies, as
   applicable, and measures concerning protection of personal data and confidentiality
   of transactions, where required.
 ---pagebreak---                                                                                               26
3.  Definition of harmonized tariff principles
    Fair and open access of users and competitive service providers to network
    resources and services requires a clear definition of tariff principles. Tariff
    principles must be guided by the general principles applying to ONP:
             tariffs must be based on objective criteria and must not impose directly or
             indirectly unfair purchases or selling prices. They must be, in particular,
             cost-oriented;
             tariffs must be transparent and must be properly published. With regard to
             service elements, tariffs must be sufficiently unbundled, in order to avoid
            obligations and charges for users, which have no connection with the subject
            of the uses sought. In particular, specific network or service features should
            be charged independently of the charge for transmission via the network
            (bearer capability).
            tariffs must be non-discriminatory and guarantee equality of treatment.
    Specific charges for access to network resources or services must be justified on the
    basis of objective criteria, based on, inter alia, fair sharing in the global cost of the
    resources used.
    There may be different tariffs to take account of excess traffic during peak periods and
   lack of traffic during off-periods, provided that the tariff differentials are commercially
   justifiable and do not conflict with the above principles.
 ---pagebreak---                                                                                        27
4. Common principles
   The definition of harmonized usage conditions and tariff principles under 2. and 3.
   will take due account of the applicable competition rules of the Treaty.
    ONP conditions shall be drawn up in such a way as not to limit the service providers'
   freedom of action nor the telecommunications organizations'responsibility for the
   functioning of the network and the perfect condition of communications channels.
   Member States shall create, in accordance with Community law, the conditions
   enabling the telecommunications organizations to satisfy the new conditions deriving
   from ONP.
 ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(89) 325 final
                                                       DOCUMENTS
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                                 Catalogue number : CB-CO-89-347-EN-C
                                                             ISBN 92-77-52394-8
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