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official titleDirective 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)
|Number legal act||Directive 2002/22|
|CELEX number i||32002L0022|
|Publication in Official Journal||24-04-2002; Special edition in Latvian: Chapter 13 Volume 029,Special edition in Bulgarian: Chapter 13 Volume 035,Special edition in Lithuanian: Chapter 13 Volume 029,Special edition in Polish: Chapter 13 Volume 029,Special edition in Croatian: Chapter 13 Volume 050,Special edition in Romanian: Chapter 13 Volume 035,Special edition in Slovenian: Chapter 13 Volume 029,Special edition in Maltese: Chapter 13 Volume 029,Special edition in Slovak: Chapter 13 Volume 029,OJ L 108, 24.4.2002,Special edition in Hungarian: Chapter 13 Volume 029,Special edition in Czech: Chapter 13 Volume 029,Special edition in Estonian: Chapter 13 Volume 029|
|Effect||24-04-2002; Entry into force Date pub. See Art 39|
|End of validity||20-12-2020; Repealed by 32018L1972|
|Transposition||24-07-2003; At the latest See Art 38.1|
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)
Official Journal L 108 , 24/04/2002 P. 0051 - 0077
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)
THE EUROPEAN PARLIAMENT AND 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 the Economic and Social Committee(2),
Having regard to the opinion of the Committee of the Regions(3),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),
(1)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 framework established for the 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.
(2)Under Article 153 of the Treaty, the Community is to contribute to the protection of consumers.
(3)The Community and its Member States have undertaken commitments on the regulatory framework of telecommunications networks and services 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 service obligation it wishes to maintain. Such 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.
(4)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 resulting from normal market conditions. However, compensating undertakings designated to provide such services in such circumstances need not result in any distortion of competition, provided that designated undertakings are compensated for the specific net cost involved and provided that the net cost burden is recovered in a competitively neutral way.
(5)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.
(6)The network termination point represents a boundary for regulatory purposes between the regulatory framework for electronic communication networks and services and the regulation of telecommunication terminal equipment. Defining the location of the network termination point is the responsibility of the national regulatory authority, where necessary on the basis of a proposal by the relevant undertakings.
(7)Member States should continue to ensure that the services set out in Chapter II are made available with the quality specified to all end-users in their territory, irrespective of their geographical location, and, in the light of specific national conditions, at an affordable price....
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