Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision
Modified by
Directive 97/51/EC of the European Parliament and of the Councilof 6 October 1997amending Council Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications, 31997L0051, October 29, 1997
Directive 2002/21/EC of the European Parliament and of the Councilof 7 March 2002on a common regulatory framework for electronic communications networks and services (Framework Directive), 32002L0021, April 24, 2002
Council Directiveof 28 June 1990on the establishment of the internal market for telecommunications services through the implementation of open network provision(90/387/EEC)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 CommissionOJ No C 39, 16. 2. 1989, p. 8.,In cooperation with the European ParliamentOJ No C 158, 26. 6. 1989, p. 300, OJ No C 149, 18. 6. 1990.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 159, 26. 6. 1989, p. 37.,Whereas Article 8 a 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 provisions of the Treaty;Whereas the Commission submitted a Green Paper on the development of the common market for telecommunications services and equipment, dated 30 June 1987, and a communication on the implementation of that Green Paper up to 1992, dated 9 February 1988;Whereas the Council adopted on 30 June 1988 a resolution on the development of the common market for telecommunications services and equipment up to 1992OJ No C 257, 4. 10. 1988, p. 1.;Whereas the full establishment of a Community-wide market in telecommunications services will be promoted by the rapid introduction of harmonized principles and conditions for open network provision;Whereas, since situations differ and technical and administrative constraints exist in the Member States, this objective should be realized in stages;Whereas the conditions of open network provision must be consistent with certain principles and must not restrict access to networks and services except for reasons of general public interest, hereinafter referred to as "essential requirements";Whereas the definition and application 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;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 restrictions which may be derived from the exercise of special or exclusive rights granted by Member States and which are compatible with Community law;Whereas tariff principles should be clearly laid down to ensure fair and transparent conditions for all users;Whereas this entire Directive must be read in the light of Annex III which lays down a work programme for the first three years;Whereas the establishment of harmonized conditions of open network provision must be a progressive process and must be prepared with the assistance of a committee composed of representatives of the Member States, which consults the representatives of the telecommunications organizations, the users, the consumers, the manufacturers and the service providers; whereas this process must also be open to all parties concerned and therefore sufficient time must be given for public comment;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;Whereas work to be undertaken in this area must take full account, inter alia, of the framework resulting from the provisions of 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 regulationsOJ No L 109, 26. 4. 1983, p. 8., as last amended by Directive 88/182/EECOJ No L 81, 26. 3. 1988, p. 75., Council Directive 86/361/EEC of 24 July 1986 on the initial stage of the mutual recognition of type approval for telecommunications terminal equipmentOJ No L 217, 5. 8. 1986, p. 21. and Council Decision 87/95/EEC of 22 December 1986 on standardization in the field of information technology and telecommunicationsOJ No L 36, 7. 2. 1987, p. 31.;Whereas the formal adoption on 12 February 1988 of the statutes of the European Telecommunications Standards Institute (ETSI) and of the associated internal rules has created a new mechanism for producing European telecommunications standards;Whereas the Council in its resolution of 27 April 1989 on standardization in the field of information technology and telecommunicationsOJ No C 117, 11. 5. 1989, p. 1. supported the work of ETSI and invited the Commission to contribute to the coherent development of ETSI and lend it its support;Whereas the Community-wide definition and implementation of 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;Whereas Commission Directive 88/301/EEC of 16 May 1988 on competition in the markets in telecommunications terminal equipmentOJ No L 131, 27. 5. 1988, p. 73. requires Member States to ensure that users who so request are given access to network termination points within a reasonable time period;Whereas one of the principal aims of the establishment of an internal market in telecommunications services must be the creation of conditions to promote the development of Europe-wide services;Whereas, in its abovementioned resolution of 30 June 1988, the Council considered the taking fully into account of the external aspects of Community measures on telecommunications to be a major policy goal;Whereas the Community attaches very great importance to the continued growth of cross-border telecommunications services, to the contribution that telecommunications services provided by companies, firms or natural persons established in a Member State may make 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 specific Directives are drawn up, to ensure that these objectives are taken into account with a view to reaching a situation where the progressive realization of the internal market for telecommunications services will, where appropriate, be accompanied by reciprocal market opening in other countries;Whereas this result should be achieved preferably through multilateral negotiations in the framework of GATT, it being understood that bilateral discussions between the Community and third countries may also contribute to this process;Whereas this Directive should not address the problems of mass media, meaning problems linked to broadcasting and distribution of television programmes via telecommunications means, in particular cable television networks, which need special consideration;Whereas neither should this Directive address the question of communication via satellite for which, according to the abovementioned Council resolution of 30 June 1988, a common position should be worked out;Whereas the Council, on the basis of a report which the Commission is to submit to the European Parliament and the Council, and in accordance with Article 100b of the Treaty, will 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,HAS ADOPTED THIS DIRECTIVE: