Recommendation 1992/382 - 92/382/EEC: Council Recommendation of 5 June 1992 on the harmonized provision of a minimum set of packet-switched data services (PSDS) in accordance with open network provision (ONP) principles - Main contents

official title

 

Legal instrument	Recommendation
Number legal act	Recommendation 1992/382
Original proposal	COM(1991)208
CELEX number i	31992H0382

Avis juridique important

|

92/382/EEC: Council Recommendation of 5 June 1992 on the harmonized provision of a minimum set of packet-switched data services (PSDS) in accordance with open network provision (ONP) principles

Official Journal L 200 , 18/07/1992 P. 0001 - 0009

COUNCIL RECOMMENDATION of 5 June 1992 on the harmonized provision of a minimum set of packet-switched data services (PSDS) in accordance with open network provision (ONP) principles (92/382/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to Council Directive 90/387/EEC fo 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision (1),

Having regard to the proposal from the Commission,

Whereas Council Directive 90/387/EEC considers, inter alia, the principles for the application of open network provision (ONP) to the areas of packet and circuit-switched data services;

Whereas Directive 90/387/EEC provides in point 3 of Annex III for the adoption of a recommendation on the supply of technical interfaces, conditions of usage and tariff principles applying to the provision of packet-switched data services (PSDS) complying with open network principles;

Whereas packet-switched public data networks are the most common networks through which packet-switched data services (PDS) are made available in all Member States;

Whereas packet-switched public data networks have developed on a national basis an the availability in each Member State of packet-switched public data networks with equivalent capabilities and providing full interconnectivity is important to meet the requirements of pan-European data networking for value-added services provision;

Whereas PSDSs are important in supporting value added services at a European-wide level;

Whereas Directive 90/387/EEC calls for the availability in each Member State of a harmonized PSDS;

Whereas Member States should notify to the Commission those organizations whose provision of PSDSs enables Member States to comply with the provisions of point 3 of Annex III to Council Directive 90/387/EEC; whereas other organizations may offer PSDSs in accordance with this recommendation;

Whereas, pursuant to the principle of non-discrimination, PSDSs shall be available and provided on request without discrimination to all users; whereas, therefore, the terms and conditions which apply to telecommunication organizations when using PSDSs for the provision of services for which no special or exclusive rights may be maintained should be equivalent to the terms and conditions which apply to other users;

Whereas, in accordance with Directive 90/387/EEC, the conditions of ONP may not restrict access to and use of PSDSs except in the application of essential requirements as defined in the said Directive; whereas these restrictions must be objectively justified, follow the principle of proportionality and not be excessive in relation to the aim pursued;

Whereas, in accordance with Article 3 (5) of Directive 90/387/EEC, the Commission will determine the rules for uniform application of the essential requirements in accordance with the procedure laid down in Article 10 of that Directive;

Whereas usage conditions for PSDSs must be derived from essential requirements compatible with Community law and are to be imposed through regulatory means and not through technical restrictions;

Whereas, in accordance with Commission Directive 90/388/EEC (2), Member States may make the supply of packet- or circuit-switched data services subject to licensing or declaration procedures which are aimed at compliance with essential requirements, or trade regulations relating to conditions of permanence, availability and quality of service, or measures to safeguard the task of general economic interest which they have entrusted to a telecommunications organization for the provision of switched data services, if the performance of...

This text has been adopted from EUR-Lex.

This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.