Telecoms - Regulatory Framework

New Regulatory Framework

for electronic communications infrastructure and associated services

(For the preparatory documents, see the 1999 Communications Review;
for the subsequent working documents, see also the Communications page)

The new regulatory framework for electronic communications networks and services will be applied in all Member States from 25 July 2003.

All Member States must adapt national legislation implementing the directives by 24 July 2003 with the exception of the Data Protection directive, for which the date is 31 October 2003.

contents of this page

General information

Introduction and presentation of the New Regulatory Framework

Procedural steps and useful links for finding documents

Table for showing progress of regulatory package

Texts
(All the linked documents are available in Adobe Acrobat *.pdf format)

Framework Directive

Access and Interconnection Directive

Authorisation Directive

Universal service Directive

Data protection Directive

Consolidated Directive on Competition in the market for communications services

Regulation on unbundled access to the local loop

Commission Guidelines on market analysis and assessment of significant market power under the Community regulatory framework for electronic communications networks and services

Commission Recommendation On Relevant Product and Service Markets within the electronic communications sector susceptible to ex ante regulation.

List of standards and/or specifications for electronic communications networks, services and associated facilities and services.

last update: 16/01/07

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Introduction and Presentation

In response to the conclusions of the special European Council of Lisbon of 23 - 24 March 2000, and building on the Communication on the results of the public consultation on the 1999 Review of the Electronic Communications Sector and the principles and orientations for the new Regulatory Framework (COM(2000)239), the Commission proposed in July 2000 a package of measures for a new regulatory framework for electronic communications networks and services. The package consists of five proposed EP and Council directives under Article 95, one Commission directive to be adopted under Article 86 and one proposed Commission Decision on a regulatory framework for radio spectrum.

In addition, the Commission proposed an EP and Council Regulation for unbundled access to the local loop which was adopted in December 2000 and entered into force on 2 January 2001 [Regulation (EC) No 2887/2000 of 18 December 2000]. The Commission proposal for a Regulation for unbundled access to the local loop was adopted by the EP and Council in December 2000 and has been in force since 2 January 2001.

Before submitting these proposals, the Commission had examined the impact of convergence on this sector and had conducted an examination of the use in the Community of radio spectrum by Member States and by non-governmental bodies.

The new regulatory framework is intended to provide a coherent, reliable and flexible approach to the regulation of electronic communication networks and services in fast moving markets. The directives provide a lighter regulatory touch where markets have become more competitive yet ensure that a minimum of services are available to all users at an affordable price and that the basic rights of consumers continue to be protected.

See the Spectrum Policy page for further information on the Decision on Spectrum Policy.

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Stages in the process of adoption by the EP and Council

of 'Article 95' measures

This panel describes the legislative procedure leading to final adoption of a measure by the EP and Council, and gives links to relevant web sites
It is a simplified summary which does not take into account all the possibilities. In particular, agreement may be reached by EP and Council at various points during this procedure, at which time the procedure is drawn to a close and the measure is definitively adopted.

(See /eur-lex/en/about/pap/index.html for more information about EU institutions and procedures.)

1. The Commission submits a proposal for a legislative measure (such as a Directive, Decision or Regulation) to the European Parliament and the Council. The proposal is also transmitted to the Economic and Social Committee and, where necessary, the Committee of the Regions.

2. The European Parliament adopts an Opinion at First Reading on the proposal submitted by the Commission.

The EP Opinion is based on a Report submitted to the EP Plenary session by the appropriate Standing Committee. Within the Committee, a Rapporteur is appointed to draft the Report incorporating the various proposals for amendments submitted by MEPs, together with the associated justifications. Names of EP Rapporteurs for the specific proposals are given in the panel for each measure.

3. The Commission gives its position on the EP First Reading amendments, and may submit a modified proposal.

4. The Council adopts a Common Position on the measure, taking into account of the EP Opinion at First Reading and the Commission's modified proposal. The Council also consults the Economic and Social Committee and, where appropriate, the Committee of the Regions.

5. The Commission gives its position on the Council Common position. The Council provides the EP with a statement of its reasons for the changes introduced in the Common Position. These documents, together with the Council Common Position, are transmitted to the EP for the Second Reading.

6. At its second reading, the EP may accept, reject or propose modifications to the Council Common Position.

7. Where the EP proposes amendments to the Council Common Position, the Commission gives its Opinion on the EP second reading amendments, and may submit a re-examined proposal.

8. Where the Council does not accept the EP second reading amendments, a conciliation committee is set up with a view to agreeing a Joint text. The Joint Text is submitted to the Council and EP for approval.

9. If the Joint text is approved by both EP and Council, the measure is adopted and published in the Official Journal. If the Joint Text is not approved by both institutions, the measure falls.

Access to documents:

To check the progress made on specific measures, see the Table showing progress on the Regulatory Package or the relevant panel below.

Commission documents relating to this package are made available on this website shortly after their adoption by the Commission.
(see also the announcements on : /information_society/topics/telecoms/news/index_en.htm )

EP documents, including preparatory reports drawn up by Rapporteurs and discussed in EP committees prior to final adoption, are made available on the EP website. See 'committees' for preparatory documents and 'Plenary sessions' for reports of debates and adopted Opinions

Documents of the Economic and Social Committee and the Committee of the Regions are available on their respective websites

The Council Common Position is published in the Official Journal, some time after the Council has reached political agreement on the text. The Council issues a Press Release after each Telecoms Council. (see the Council newsroom at http://www.consilium.europa.eu/newsroom/main.cfm?LANG=1

Details of conciliation meetings, and the joint text, are made available on the EP website.

________________________________

Preparatory documents of the EP, Council and Commission are published in the C Series of the Official Journal of the European Communities in due course.

Once definitively adopted, legal texts are published in the
L series of the Official Journal of the European Communities.

See /eur-lex/en/index.html

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New Regulatory Framework for electronic communications infrastructure and associated services Table showing progress on Regulatory package
Stage	Framework	Access and Interconnection	Authorisation	Universal Service	Data protection
Commission initial proposal	[DE] [EN] [FR] COM(2000)393 12.07.00	[DE] [EN] [FR] COM(2000)384 12.07.00	[DE] [EN] [FR] COM(2000)386 12.07.00	[DE] [EN] [FR] COM(2000)392 12.07.00	[DE] [EN] [FR] COM(2000)385 12.07.00
EP First reading	01.03.01 Paasilinna report	01.03.01 Brunetta report	01.03.01 Niebler report	13.06.01 Harbour report	13.11.01 Cappato report
Commission position on EP 1^st Reading Opinion (and where appropriate modified proposal)	[DE] [EN] [FR] COM(2001)380 04.07.01	[DE] [EN] [FR] COM(2001)369 04.07.01	[DE] [EN] [FR] COM(2001)372 04.07.01	[DE] [EN] [FR] COM(2001)503 14.09.01
Council Common position	[DE] [EN] [FR] 17.09.01	[DE] [EN] [FR] 17.09.01	[DE] [EN] [FR] 17.09.01	[DE] [EN] [FR] 17.09.01	[DE] [EN] [FR] 21.01.02
Commission position on Council common position	SEC(2001)1365 18.09.01	SEC(2001)1409 18.09.01	SEC(2001)1411 18.09.01	SEC(2001)1407 18.09.01	SEC(2002)124final 30.01.02
EP Second reading	[DE] [EN] [FR] 12.12.01	[DE] [EN] [FR] 12.12.01	[DE] [EN] [FR] 12.12.01	[DE] [EN] [FR] 12.12.01	[DE] [EN] [FR] 30.05.02
Commission position on EP 2^nd Reading Opinion (and where appropriate modified proposal)	[DE] [EN] [FR] 07.02.02	[DE] [EN] [FR] 07.02.02	[DE] [EN] [FR] 07.02.02	[DE] [EN] [FR] 07.02.02	[DE] [EN] [FR] 17.06.02
Provisional consolidated text	[DE] [EN] [FR]	[DE] [EN] [FR]	[DE] [EN] [FR]	[DE] [EN] [FR]
Final adopted text	[DE] [EN] [FR]	[DE] [EN] [FR]	[DE] [EN] [FR]	[DE] [EN] [FR]	[DE] [EN] [FR]

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Regulation (2887/2000/EC) on

Unbundled access to the local loop

Adopted text: see Official Journal, OJ L 336, 30.12.2000, p.4

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

Proposal for a Regulation of the European Parliament and of the Council on
unbundled access to the local loop, adopted 12 July 2000
Com(2000)394 [DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

European Parliament :

Lead committee: Committee on Industry, External Trade, Research and Energy (ITRE)
Rapporteur: Nicholas CLEGG

Progress of the regulation through the legislative procedure, with list of milestone events and links to relevant intermediate documents:

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

Only the text published in the Official Journal of the European Communities is authentic

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Commission Guidelines

on market analysis and assessment of significant market

power under the Community regulatory framework for

electronic communications networks and services

Adopted text: see Official Journal, OJ C 165, 11.07.2002, p.6

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

(Please note that the version published before 12/7 was not the final and that only the final version published on 12/7 and onward constitutes the official final version adopted)

Only the text published in the Official Journal of the European Communities is authentic

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Directive (2002/21/EC) on a Common Regulatory Framework

Adopted text: see Official Journal, OJ L 108, 24.4.2002, p.33

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

Proposal for a Directive of the European Parliament and of the Council on
a common regulatory framework for electronic communications networks and services
Com(2000)393 [DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

European Parliament :

Lead committee: Committee on Industry, External Trade, Research and Energy (ITRE)
Rapporteur: Reino PAASILINNA

Progress of the proposed directive through the legislative procedure, with list of milestone events and links to relevant intermediate documents:

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

Only the text published in the Official Journal of the European Communities is authentic

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Directive (2002/19/EC) on Access and interconnection

Adopted text: see Official Journal, OJ L 108, 24.4.2002, p.7

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

Proposal for a Directive of the European Parliament and of the Council on
access to, and interconnection of, electronic communications networks and associated facilities
Com(2000)384 [DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

European Parliament :

Lead committee: Committee on Industry, External Trade, Research and Energy (ITRE)
Rapporteur: Renato BRUNETTA

Progress of the proposed directive through the legislative procedure, with list of milestone events and links to relevant intermediate documents:

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

Only the text published in the Official Journal of the European Communities is authentic

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Directive (2002/20/EC) on Authorisation

Adopted text: see Official Journal, OJ L 108, 24.4.2002, p.21

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

Proposal for a Directive of the European Parliament and of the Council on
the authorisation of electronic communications networks and services
Com(2000)386 [DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

European Parliament :

Lead committee: Committee on Industry, External Trade, Research and Energy (ITRE)
Rapporteur: Angelika NIEBLER

Progress of the proposed directive through the legislative procedure, with list of milestone events and links to relevant intermediate documents:

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

Only the text published in the Official Journal of the European Communities is authentic

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Directive (2002/22/EC) on Universal service and users' rights

Adopted text: see Official Journal, OJ L 108, 24.4.2002, p.51

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

Proposal for a Directive of the European Parliament and of the Council on
universal service and users' rights relating to electronic communications networks and services
Com(2000)392 [DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

European Parliament :

Lead committee: Committee on Legal Affairs and the Internal Market (JURI)
Rapporteur: Malcolm HARBOUR

Progress of the proposed directive through the legislative procedure, with list of milestone events and links to relevant intermediate documents:

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

Only the text published in the Official Journal of the European Communities is authentic

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Draft Directive on data protection and privacy

Adopted text: see Official Journal, OJ L 201, 31.07.2002, p.37

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV].

Proposal for a Directive of the European Parliament and of the Council concerning
the processing of personal data and the protection of privacy in the electronic communications sector
Com(2000)385: [DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

European Parliament :

Lead committee: Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (LIBE)
Rapporteur: Marco CAPPATO

Progress of the proposed directive through the legislative procedure, with list of milestone events and links to relevant intermediate documents:

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV]

Only the text published in the Official Journal of the European Communities is authentic

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Directive on Competition in the markets for electronic

communications services

Adopted text: see Official Journal, OJ L 249, 17.09.2002, p.21

[DA] [DE] [EL] [EN] [ES] [FI] [FR] [IT] [NL] [PT] [SV].

Notice by the Commission concerning a draft directive on competition in the markets for electronic communications services:

[DA], [DE], [EL], [EN], [ES], [FI], [FR], [IT], [NL], [PT], [SV]

For further information on DG COMP documents : http://ec.europa.eu/competition/liberalization/legislation/#telecom_regulations

(source: EUR-lex)
Official Journal C 96 of 27.03.2001, pages 2-7

See also: press release IP/00/766

Only the text published in the Official Journal of the European Communities is authentic

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