EC on the authorisation of electronic communications networks and services - Main contents

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier	COM(2007)697 - Amendment of Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, ...
document	COM(2007)697
date	November 25, 2009

ANNEX

The Annex to Directive 2002/20/EC (Authorisation Directive) is amended as follows:

The first paragraph is replaced by the following heading:

‘The conditions listed in this Annex provide the maximum list of conditions which may be attached to general authorisations (Part A), rights to use radio frequencies (Part B) and rights to use numbers (Part C) as referred to in Article 6(1) and Article 11(1)(a), within the limits allowed under Articles 5, 6, 7, 8 and 9 of Directive 2002/21/EC (the Framework Directive).’;

Part A is amended as follows:

(a)

point 4 is replaced by the following:

‘4.

Accessibility by end users of numbers from the national numbering plan, numbers from the European Telephone Numbering Space, the Universal International Freephone Numbers, and, where technically and economically feasible, from numbering plans of other Member States, and conditions in conformity with Directive 2002/22/EC (Universal Service Directive).’;

(b)

point 7 is replaced by the following:

‘7.	Personal data and privacy protection specific to the electronic communications sector in conformity with Directive 2002/58/EC of the European Parliament and of the Council (Directive on privacy and electronic communications) (1)

(c)

point 8 is replaced by the following:

‘8.	Consumer protection rules specific to the electronic communications sector, including conditions in conformity with Directive 2002/22/EC (Universal Service Directive), and conditions on accessibility for users with disabilities in accordance with Article 7 of that Directive.’;

(d)	in point 11, the words ‘Directive 97/66/EC’ are replaced by the words ‘Directive 2002/58/EC’;

(e)

the following point is inserted:

‘11a.

Terms of use for communications from public authorities to the general public for warning the public of imminent threats and for mitigating the consequences of major catastrophes.’;

(f)

point 12 is replaced by the following:

‘12.	Terms of use during major disasters or national emergencies to ensure communications between emergency services and authorities.’;

(g)

point 16 is replaced by the following:

‘16.	Security of public networks against unauthorised access according to Directive 2002/58/EC (Directive on Privacy and electronic communications).’;

(h)

The following point is added:

‘19.

Transparency obligations on public communications network providers providing electronic communications services available to the public to ensure end-to-end connectivity, in conformity with the objectives and principles set out in Article 8 of Directive 2002/21/EC (Framework Directive), disclosure regarding any conditions limiting access to and/or use of services and applications where such conditions are allowed by Member States in conformity with Community law, and, where necessary and proportionate, access by national regulatory authorities to such information needed to verify the accuracy of such disclosure.’;

part B is amended as follows:

(a)

point 1 is replaced by the following:

‘1.	Obligation to provide a service or to use a type of technology for which the rights of use for the frequency has been granted, including, where appropriate, coverage and quality requirements.’;

(b)

point 2 is replaced with the following:

‘2.	Effective and efficient use of frequencies in conformity with Directive 2002/21/EC (Framework Directive).’;

(c)

the following point is added:

‘9.	Obligations specific to an experimental use of radio frequencies.’;

in part C, point 1 is replaced by the following:

‘1.

Designation of service for which the number shall be used, including any requirements linked to the provision of that service and, for the avoidance of doubt, tariff principles and maximum prices that can apply in the specific number range for the purposes of ensuring consumer protection in accordance with Article 8(4)(b) of Directive 2002/21/EC (Framework Directive).’.

(1) OJ L 201, 31.7.2002, p. 37.’;

COMMISSION DECLARATION ON NET NEUTRALITY

The Commission attaches high importance to preserving the open and neutral character of the Internet, taking full account of the will of the co-legislators now to enshrine net neutrality as a policy objective and regulatory principle to be promoted by national regulatory authorities (1), alongside the strengthening of related transparency requirements (2) and the creation of safeguard powers for national regulatory authorities to prevent the degradation of services and the hindering or slowing down of traffic over public networks (3). The Commission will monitor closely the implementation of these provisions in the Member States, introducing a particular focus on how the ‘net freedoms’ of European citizens are being safeguarded in its annual Progress Report to the European Parliament and the Council. In the meantime, the Commission will monitor the impact of market and technological developments on ‘net freedoms’ reporting to the European Parliament and Council before the end of 2010 on whether additional guidance is required, and will invoke its existing competition law powers to deal with any anti-competitive practices that may emerge.

(1) Article 8(4)(g) Framework Directive.

(2) Articles 20(1)(b) and 21(3)(c) and (d) of the Universal Service Directive.

(3) Article 22(3) of the Universal Service Directive.