2002 22 EC

From La Quadrature du Net

DIRECTIVE 2002/22/EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of 7 March 2002
a

on universal service and users’ rights relating to electronic communications
networks and services

[highlighting the amendments proposed by the European Commission in its 2007 Reform Proposals dated 13 November 2007]

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
,
Having regard to the opinion of the Economic and Social Committee
,
Having regard to the opinion of the Committee of the Regions
,

Acting in accordance with the procedure laid down in Article 251 of the Treaty
,
Whereas:
(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. Member States may, in the context of universal service obligations and in the light of national conditions, take
specific measures for consumers in rural or geographically isolated areas to ensure their access to the services set out in the Chapter
II and the affordability of those services, as well as ensure under the same conditions this access, in particular for the elderly, the
disabled and for people with special social needs. Such measures may also include measures directly targeted at consumers with

special social needs providing support to identified consumers, for example by means of specific measures, taken after the
examination of individual requests, such as the paying off of debts.
(8) A fundamental requirement of universal service is to provide users on request with a connection to the public telephone network at

a fixed location, at an affordable price. The requirement is limited to a single narrowband network connection, the provision of
which may be restricted by Member States to the end-user’s primary location/residence, and does not extend to the Integrated
Services Digital Network (ISDN) which provides two or more connections capable of being used simultaneously. There should be
no constraints on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any
constraints on which operators provide part or all of universal service obligations. Connections to the public telephone network at
a fixed location should be capable of supporting speech and data communications at rates sufficient for access to online services
such as those provided via the public Internet. The speed of Internet access experienced by a given user may depend on a number
of factors including the provider(s) of Internet connectivity as well as the given application for which a connection is being used.
The data rate that can be supported by a single narrowband connection to the public telephone network depends on the capabilities

of the subscriber’s terminal equipment as well as the connection. For this reason it is not appropriate to mandate a specific data or
bit rate at Community level. Currently available voice band modems typically offer a data rate of 56 kbit/s and employ automatic
data rate adaptation to cater for variable line quality, with the result that the achieved data rate may be lower than 56 kbit/s.
Flexibility is required on the one hand to allow Member States to take measures where necessary to ensure that connections are
capable of supporting such a data rate, and on the other hand to allow Member States where relevant to permit data rates below this
upper limit of 56 kbits/s in order, for example, to exploit the capabilities of wireless technologies (including cellular wireless
networks) to deliver universal service to a higher proportion of the population. This may be of particular importance in some
accession countries where household penetration of traditional telephone connections remains relatively low. In specific cases
where the connection to the public telephony network at a fixed location is clearly insufficient to support satisfactory Internet

access, Member States should be able to require the connection to be brought up to the level enjoyed by the majority of subscribers
so that it supports data rates sufficient for access to the Internet. Where such specific measures produce a net cost burden for those
consumers concerned, the net effect may be included in any net cost calculation of universal service obligations.
(9) The provisions of this Directive do not preclude Member States from designating different undertakings to provide the network and
service elements of universal service. Designated undertakings providing network elements may be required to ensure such
construction and maintenance as are necessary and proportionate to meet all reasonable requests for connection at a fixed location
to the public telephone network and for access to publicly available telephone services at a fixed location.
(10) Affordable price means a price defined by Member States at national level in the light of specific national conditions, and may
involve setting common tariffs irrespective of location or special tariff options to deal with the needs of low-income users.

Affordability for individual consumers is related to their ability to monitor and control their expenditure.
(11) Directory information and a directory enquiry service constitute an essential access tool for publicly available telephone services
and form part of the universal service obligation. Users and consumers desire comprehensive directories and a directory enquiry
service covering all listed telephone subscribers and their numbers (including fixed and mobile numbers) and want this information
to be presented in a non-preferential fashion. Directive 97/66/EC of the European Parliament and of the Council of
15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector

ensures the subscribers’ right to privacy with regard to the inclusion of their personal information in a public directory.
(12) For the citizen, it is important for there to be adequate provision of public pay telephones, and for users to be able to call

emergency telephone numbers and, in particular, the single European emergency call number ("112") free of charge from any
telephone, including public pay telephones, without the use of any means of payment. Insufficient information about the existence
of "112" deprives citizens of the additional safety ensured by the existence of this number at European level especially during their
travel in other Member States.
(13) Member States should take suitable measures in order to guarantee access to and affordability of all publicly available telephone
services at a fixed location for disabled users and users with special social needs. Specific measures for disabled users could

include, as appropriate, making available accessible public telephones, public text telephones or equivalent measures for deaf or
speech-impaired people, providing services such as directory enquiry services or equivalent measures free of charge for blind or
partially sighted people, and providing itemised bills in alternative format on request for blind or partially sighted people. Specific
measures may also need to be taken to enable disabled users and users with special social needs to access emergency
services "112" and to give them a similar possibility to choose between different operators or service providers as other consumers.
Quality of service standards have been developed for a range of parameters to assess the quality of services received by subscribers
and how well undertakings designated with universal service obligations perform in achieving these standards. Quality of service

standards do not yet exist in respect of disabled users. Performance standards and relevant parameters should be developed for
disabled users and are provided for in Article 11 of this Directive. Moreover, national regulatory authorities should be enabled to
require publication of quality of service performance data if and when such standards and parameters are developed. The provider
of universal service should not take measures to prevent users from benefiting fully from services offered by different operators or
service providers, in combination with its own services offered as part of universal service.

(14) The importance of access to and use of the public telephone network at a fixed location is such that it should be available to anyone
reasonably requesting it. In accordance with the principle of subsidiarity, it is for Member States to decide on the basis of objective
criteria which undertakings have universal service obligations for the purposes of this Directive, where appropriate taking into

account the ability and the willingness of undertakings to accept all or part of the universal service obligations. It is important that
universal service obligations are fulfilled in the most efficient fashion so that users generally pay prices that correspond to efficient
cost provision. It is likewise important that universal service operators maintain the integrity of the network as well as service
continuity and quality. The development of greater competition and choice provide more possibilities for all or part of the
universal service obligations to be provided by undertakings other than those with significant market power. Therefore, universal
service obligations could in some cases be allocated to operators demonstrating the most cost-effective means of delivering access
and services, including by competitive or comparative selection procedures. Corresponding obligations could be included as
conditions in authorisations to provide publicly available services.
(15) Member States should monitor the situation of consumers with respect to their use of publicly available telephone services and in

particular with respect to affordability. The affordability of telephone service is related to the information which users receive
regarding telephone usage expenses as well as the relative cost of telephone usage compared to other services, and is also related to
their ability to control expenditure. Affordability therefore means giving power to consumers through obligations imposed on
undertakings designated as having universal service obligations. These obligations include a specified level of itemised billing, the
possibility for consumers selectively to block certain calls (such as high-priced calls to premium services), the possibility for
consumers to control expenditure via pre-payment means and the possibility for consumers to offset up-front connection fees.
Such measures may need to be reviewed and changed in the light of market developments. Current conditions do not warrant a
requirement for operators with universal service obligations to alert subscribers where a predetermined limit of expenditure is
exceeded or an abnormal calling pattern occurs. Review of the relevant legislative provisions in future should consider whether

there is a possible need to alert subscribers for these reasons.
(16) Except in cases of persistent late payment or non-payment of bills, consumers should be protected from immediate disconnection
from the network on the grounds of an unpaid bill and, particularly in the case of disputes over high bills for premium rate services,
should continue to have access to essential telephone services pending resolution of the dispute. Member States may decide that
such access may continue to be provided only if the subscriber continues to pay line rental charges.
(17) Quality and price are key factors in a competitive market and national regulatory authorities should be able to monitor achieved
quality of service for undertakings which have been designated as having universal service obligations. In relation to the quality of
service attained by such undertakings, national regulatory authorities should be able to take appropriate measures where they deem
it necessary. National regulatory authorities should also be able to monitor the achieved quality of services of other undertakings

providing public telephone networks and/or publicly available telephone services to users at fixed locations.
(18) Member States should, where necessary, establish mechanisms for financing the net cost of universal service obligations in cases
where it is demonstrated that the obligations can only be provided at a loss or at a net cost which falls outside normal commercial
standards. It is important to ensure that the net cost of universal service obligations is properly calculated and that any financing is
undertaken with minimum distortion to the market and to undertakings, and is compatible with the provisions of Articles 87 and 88
of the Treaty.
(19) Any calculation of the net cost of universal service should take due account of costs and revenues, as well as the intangible benefits
resulting from providing universal service, but should not hinder the general aim of ensuring that pricing structures reflect costs.
Any net costs of universal service obligations should be calculated on the basis of transparent procedures.

(20) Taking into account intangible benefits means that an estimate in monetary terms, of the indirect benefits that an undertaking
derives by virtue of its position as provider of universal service, should be deducted from the direct net cost of universal service
obligations in order to determine the overall cost burden.
(21) When a universal service obligation represents an unfair burden on an undertaking, it is appropriate to allow Member States to
establish mechanisms for efficiently recovering net costs. Recovery via public funds constitutes one method of recovering the net
costs of universal service obligations. It is also reasonable for established net costs to be recovered from all users in a transparent
fashion by means of levies on undertakings. Member States should be able to finance the net costs of different elements of
universal service through different mechanisms, and/or to finance the net costs of some or all elements from either of the
mechanisms or a combination of both. In the case of cost recovery by means of levies on undertakings, Member States should

ensure that that the method of allocation amongst them is based on objective and non-discriminatory criteria and is in accordance
with the principle of proportionality. This principle does not prevent Member States from exempting new entrants which have not
yet achieved any significant market presence. Any funding mechanism should ensure that market participants only contribute to
the financing of universal service obligations and not to other activities which are not directly linked to the provision of the
universal service obligations. Recovery mechanisms should in all cases respect the principles of Community law, and in particular
in the case of sharing mechanisms those of non-discrimination and proportionality. Any funding mechanism should ensure that
users in one Member State do not contribute to universal service costs in another Member State, for example when making calls
from one Member State to another.
(22) Where Member States decide to finance the net cost of universal service obligations from public funds, this should be understood

to comprise funding from general government budgets including other public financing sources such as state lotteries.
(23) The net cost of universal service obligations may be shared between all or certain specified classes of undertaking. Member States
should ensure that the sharing mechanism respects the principles of transparency, least market distortion, non-discrimination and
proportionality. Least market distortion means that contributions should be recovered in a way that as far as possible minimises the
impact of the financial burden falling on end-users, for example by spreading contributions as widely as possible.
(24) National regulatory authorities should satisfy themselves that those undertakings benefiting from universal service funding provide
a sufficient level of detail of the specific elements requiring such funding in order to justify their request. Member States’ schemes
for the costing and financing of universal service obligations should be communicated to the Commission for verification of
compatibility with the Treaty. There are incentives for designated operators to raise the assessed net cost of universal service

obligations. Therefore Member States should ensure effective transparency and control of amounts charged to finance universal
service obligations.
(25) Communications markets continue to evolve in terms of the services used and the technical means used to deliver them to users.
The universal service obligations, which are defined at a Community level, should be periodically reviewed with a view to
proposing that the scope be changed or redefined. Such a review should take account of evolving social, commercial and
technological conditions and the fact that any change of scope should be subject to the twin test of services that become available
to a substantial majority of the population, with a consequent risk of social exclusion for those who can not afford them. Care
should be taken in any change of the scope of universal service obligations to ensure that certain technological choices are not
artificially promoted above others, that a disproportionate financial burden is not imposed on sector undertakings

(thereby endangering market developments and innovation) and that any financing burden does not fall unfairly on consumers with
lower incomes. Any change of scope automatically means that any net cost can be financed via the methods permitted in this
Directive. Member States are not permitted to impose on market players financial contributions which relate to measures which
are not part of universal service obligations. Individual Member States remain free to impose special measures (outside the scope
of universal service obligations) and finance them in conformity with Community law but not by means of contributions from
market players.
(26) More effective competition across all access and service markets will give greater choice for users. The extent of effective
competition and choice varies across the Community and varies within Member States between geographical areas and between
access and service markets. Some users may be entirely dependent on the provision of access and services by an undertaking with

significant market power. In general, for reasons of efficiency and to encourage effective competition, it is important that the
services provided by an undertaking with significant market power reflect costs. For reasons of efficiency and social reasons,
end-user tariffs should reflect demand conditions as well as cost conditions, provided that this does not result in distortions of
competition. There is a risk that an undertaking with significant market power may act in various ways to inhibit entry or distort
competition, for example by charging excessive prices, setting predatory prices, compulsory bundling of retail services or showing
undue preference to certain customers. Therefore, national regulatory authorities should have powers to impose, as a last resort and
after due consideration, retail regulation on an undertaking with significant market power. Price cap regulation, geographical
averaging or similar instruments, as well as non-regulatory measures such as publicly available comparisons of retail tariffs, may
be used to achieve the twin objectives of promoting effective competition whilst pursuing public interest needs, such as

maintaining the affordability of publicly available telephone services for some consumers. Access to appropriate cost accounting
information is necessary, in order for national regulatory authorities to fulfil their regulatory duties in this area, including the
imposition of any tariff controls. However, regulatory controls on retail services should only be imposed where national regulatory
authorities consider that relevant wholesale measures or measures regarding carrier selection or pre-selection would fail to achieve
the objective of ensuring effective competition and public interest.
(27) Where a national regulatory authority imposes obligations to implement a cost accounting system in order to support price controls,
it may itself undertake an annual audit to ensure compliance with that cost accounting system, provided that it has the necessary
qualified staff, or it may require the audit to be carried out by another qualified body, independent of the operator concerned.
(28) It is considered necessary to ensure the continued application of the existing provisions relating to the minimum set of leased line

services in Community telecommunications legislation, in particular in Council Directive 92/44/EEC of 5 June 1992 on the
application of open network provision to leased lines
, until such time as national regulatory authorities determine, in accordance
with the market analysis procedures laid down in Directive 2002/21/EC of the European Parliament and of the Council of 7 March
2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)
, that such
provisions are no longer needed because a sufficiently competitive market has developed in their territory. The degree of
competition is likely to vary between different markets of leased lines in the minimum set, and in different parts of the territory. In
undertaking the market analysis, national regulatory authorities should make separate assessments for each market of leased lines

in the minimum set, taking into account their geographic dimension. Leased lines services constitute mandatory services to be
provided without recourse to any compensation mechanisms. The provision of leased lines outside of the minimum set of leased
lines should be covered by general retail regulatory provisions rather than specific requirements covering the supply of the
minimum set.

(29) National regulatory authorities may also, in the light of an analysis of the relevant market, require mobile operators with significant
market power to enable their subscribers to access the services of any interconnected provider of publicly available telephone
services on a call-by-call basis or by means of pre-selection.
(30) Contracts are an important tool for users and consumers to ensure a minimum level of transparency of information and legal

security. Most service providers in a competitive environment will conclude contracts with their customers for reasons of
commercial desirability. In addition to the provisions of this Directive, the requirements of existing Community consumer
protection legislation relating to contracts, in particular Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer
contracts
and Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in
respect of distance contracts
, apply to consumer transactions relating to electronic networks and services. Specifically, consumers

should enjoy a minimum level of legal certainty in respect of their contractual relations with their direct telephone service provider,
such that the contractual terms, conditions, quality of service, condition for termination of the contract and the service,
compensation measures and dispute resolution are specified in their contracts. Where service providers other than direct telephone
service providers conclude contracts with consumers, the same information should be included in those contracts as well. The
measures to ensure transparency on prices, tariffs, terms and conditions will increase the ability of consumers to optimise their
choices and thus to benefit fully from competition.
(31) End-users should have access to publicly available information on communications services. Member States should be able to
monitor the quality of services which are offered in their territories. National regulatory authorities should be able systematically
to collect information on the quality of services offered in their territories on the basis of criteria which allow comparability

between service providers and between Member States. Undertakings providing communications services, operating in a
competitive environment, are likely to make adequate and up-to-date information on their services publicly available for reasons of
commercial advantage. National regulatory authorities should nonetheless be able to require publication of such information where
it is demonstrated that such information is not effectively available to the public.
(32) End-users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the Community for the
reception of digital television. Member States should be able to require minimum harmonised standards in respect of such
equipment. Such standards could be adapted from time to time in the light of technological and market developments.
(33) It is desirable to enable consumers to achieve the fullest connectivity possible to digital television sets. Interoperability is an
evolving concept in dynamic markets. Standards bodies should do their utmost to ensure that appropriate standards evolve along

with the technologies concerned. It is likewise important to ensure that connectors are available on television sets that are capable
of passing all the necessary elements of a digital signal, including the audio and video streams, conditional access information,
service information, application program interface (API) information and copy protection information. This Directive therefore
ensures that the functionality of the open interface for digital television sets is not limited by network operators, service providers
or equipment manufacturers and continues to evolve in line with technological developments. For display and presentation of
digital interactive television services, the realisation of a common standard through a market-driven mechanism is recognised as a
consumer benefit. Member States and the Commission may take policy initiatives, consistent with the Treaty, to encourage this
development.
(34) All end-users should continue to enjoy access to operator assistance services whatever organisation provides access to the public

telephone network.
(35) The provision of directory enquiry services and directories is already open to competition. The provisions of this Directive
complement the provisions of Directive 97/66/EC by giving subscribers a right to have their personal data included in a printed or
electronic directory. All service providers which assign telephone numbers to their subscribers are obliged to make relevant
information available in a fair, cost-oriented and non-discriminatory manner.
(36) It is important that users should be able to call the single European emergency number "112", and any other national emergency
telephone numbers, free of charge, from any telephone, including public pay telephones, without the use of any means of payment.
Member States should have already made the necessary organisational arrangements best suited to the national organisation of the

emergency systems, in order to ensure that calls to this number are adequately answered and handled. Caller location information,
to be made available to the emergency services, will improve the level of protection and the security of users of "112" services and
assist the emergency services, to the extent technically feasible, in the discharge of their duties, provided that the transfer of calls
and associated data to the emergency services concerned is guaranteed. The reception and use of such information should comply
with relevant Community law on the processing of personal data. Steady information technology improvements will progressively
support the simultaneous handling of several languages over the networks at a reasonable cost. This in turn will ensure additional
safety for European citizens using the "112" emergency call number.

(37) Easy access to international telephone services is vital for European citizens and European businesses. "00" has already been
established as the standard international telephone access code for the Community. Special arrangements for making calls between
adjacent locations across borders between Member States may be established or continued. The ITU has assigned, in accordance
with ITU Recommendation E.164, code "3883" to the European Telephony Numbering Space (ETNS). In order to ensure

connection of calls to the ETNS, undertakings operating public telephone networks should ensure that calls using "3883" are

directly or indirectly interconnected to ETNS serving networks specified in the relevant European Telecommunications Standards
Institute (ETSI) standards. Such interconnection arrangements should be governed by the provisions of Directive 2002/19/EC of
the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications
networks and associated facilities (Access Directive)
.
(38) Access by end-users to all numbering resources in the Community is a vital pre-condition for a single market. It should include
freephone, premium rate, and other non-geographic numbers, except where the called subscriber has chosen, for commercial
reasons, to limit access from certain geographical areas. Tariffs charged to parties calling from outside the Member State
concerned need not be the same as for those parties calling from inside that Member State.

(39) Tone dialling and calling line identification facilities are normally available on modern telephone exchanges and can therefore
increasingly be provided at little or no expense. Tone dialling is increasingly being used for user interaction with special services
and facilities, including value added services, and the absence of this facility can prevent the user from making use of these
services. Member States are not required to impose obligations to provide these facilities when they are already available.
Directive 97/66/EC safeguards the privacy of users with regard to itemised billing, by giving them the means to protect their right
to privacy when calling line identification is implemented. The development of these services on a pan-European basis would
benefit consumers and is encouraged by this Directive.
(40) Number portability is a key facilitator of consumer choice and effective competition in a competitive telecommunications
environment such that end-users who so request should be able to retain their number(s) on the public telephone network

independently of the organisation providing service. The provision of this facility between connections to the public telephone
network at fixed and non-fixed locations is not covered by this Directive. However, Member States may apply provisions for
porting numbers between networks providing services at a fixed location and mobile networks.
(41) The impact of number portability is considerably strengthened when there is transparent tariff information, both for end-users who
port their numbers and also for end-users who call those who have ported their numbers. National regulatory authorities should,
where feasible, facilitate appropriate tariff transparency as part of the implementation of number portability.
(42) When ensuring that pricing for interconnection related to the provision of number portability is cost-oriented, national regulatory
authorities may also take account of prices available in comparable markets.
(43) Currently, Member States impose certain "must carry" obligations on networks for the distribution of radio or television broadcasts

to the public. Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the
interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet
general interest objectives clearly defined by Member States in conformity with Community law and should be proportionate,
transparent and subject to periodical review. "Must carry" obligations imposed by Member States should be reasonable, that is
they should be proportionate and transparent in the light of clearly defined general interest objectives, and could, where
appropriate, entail a provision for proportionate remuneration. Such "must carry" obligations may include the transmission of

services specifically designed to enable appropriate access by disabled users.
(44) Networks used for the distribution of radio or television broadcasts to the public include cable, satellite and terrestrial broadcasting
networks. They might also include other networks to the extent that a significant number of end-users use such networks as their
principal means to receive radio and television broadcasts.
(45) Services providing content such as the offer for sale of a package of sound or television broadcasting content are not covered by the
common regulatory framework for electronic communications networks and services. Providers of such services should not be
subject to universal service obligations in respect of these activities. This Directive is without prejudice to measures taken at
national level, in compliance with Community law, in respect of such services.
(46) Where a Member State seeks to ensure the provision of other specific services throughout its national territory, such obligations

should be implemented on a cost efficient basis and outside the scope of universal service obligations. Accordingly, Member
States may undertake additional measures (such as facilitating the development of infrastructure or services in circumstances where
the market does not satisfactorily address the requirements of end-users or consumers), in conformity with Community law. As a
reaction to the Commission’s e-Europe initiative, the Lisbon European Council of 23 and 24 March 2000 called on Member States
to ensure that all schools have access to the Internet and to multimedia resources.
(47) In the context of a competitive environment, the views of interested parties, including users and consumers, should be taken into
account by national regulatory authorities when dealing with issues related to end-users’ rights. Effective procedures should be
available to deal with disputes between consumers, on the one hand, and undertakings providing publicly
available communications services, on the other. Member States should take full account of Commission Recommendation

disputes
.
(48) Co-regulation could be an appropriate way of stimulating enhanced quality standards and improved service performance.
Co-regulation should be guided by the same principles as formal regulation, i.e. it should be objective, justified, proportional,
non-discriminatory and transparent.
(49) This Directive should provide for elements of consumer protection, including clear contract terms and dispute resolution, and tariff
transparency for consumers. It should also encourage the extension of such benefits to other categories of end-users, in particular
small and medium-sized enterprises.

(50) The provisions of this Directive do not prevent a Member State from taking measures justified on grounds set out in Articles 30
and 46 of the Treaty, and in particular on grounds of public security, public policy and public morality.
(51) Since the objectives of the proposed action, namely setting a common level of universal service for telecommunications for all
European users and of harmonising conditions for access to and use of public telephone networks at a fixed location and related
publicly available telephone services and also achieving a harmonised framework for the regulation of electronic communications
services, electronic communications networks and associated facilities, cannot be sufficiently achieved by the Member States and
can therefore by reason of the scale or effects of the action be better achieved at Community level, the Community may adopt
measures in accordance with the principles of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of
proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(52) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision
Commission
,
HAVE ADOPTED THIS DIRECTIVE:
CHAPTER I
SCOPE, AIMS AND DEFINITIONS
Article 1
Scope and aims
Within the framework of Directive 2002/21/EC (Framework Directive), this Directive concerns the provision of electronic

communications networks and services to end-users. The aim is to ensure the availability throughout the Community of good
quality publicly available services through effective competition and choice and to deal with circumstances in which the needs of
end-users are not satisfactorily met by the market.
This Directive also includes provisions concerning consumer premises terminal
equipment.

This Directive establishes the rights of end-users and the corresponding obligations on undertakings providing publicly available
electronic communications networks and services. With regard to ensuring provision of universal service within an environment of

open and competitive markets, this Directive defines the minimum set of services of specified quality to which all end-users have
access, at an affordable price in the light of specific national conditions, without distorting competition. This Directive also sets
out obligations with regard to the provision of certain mandatory services
such as the retail provision of leased lines
.
Article 2
Definitions
The following definitions shall also apply:

(a) "public pay telephone" means a telephone available to the general public, for the use of which the means of payment may include
coins and/or credit/debit cards and/or pre-payment cards, including cards for use with dialling codes;

(b) "public telephone network" means an electronic communications network which is used to provide publicly available telephone
services; it supports the transfer between network termination points of speech communications, and also other forms of
communication, such as facsimile and data;

(c) "publicly available telephone service" means a service available to the public for originating and receiving
,

directly or indirectly
via carrier selection or pre-selection or resale, national and/or international calls through a number or numbers in a national or
international telephone numbering plan;

national and international calls and access to emergency services through a number or
numbers in a national or international telephone numbering plan, and in addition may, where relevant, include one or more of the
following services: the provision of operator assistance, directory enquiry services, directories, provision of public pay phones,
provision of service under special terms, provision of special facilities for customers with disabilities or with special social needs
and/or the provision of non-geographic services;

(d)
"
geographic number" means a number from the national numbering plan where part of its digit structure contains geographic

significance used for routing calls to the physical location of the network termination point (NTP);
(e) "network termination point" (NTP) means the physical point at which a subscriber is provided with access to a public
communications network; in the case of networks involving switching or routing, the NTP is identified by means of a specific
network address, which may be linked to a subscriber number or name;
(f) "non-geographic numbers" means a number from the national numbering plan that is not a geographic number. It includes inter
alia mobile, freephone and premium rate numbers.

CHAPTER II
UNIVERSAL SERVICE OBLIGATIONS INCLUDING SOCIAL OBLIGATIONS
Article 3
Availability of universal service
Member States shall ensure that the services set out in this Chapter are made available at the quality specified to all end-users in
their territory, independently of geographical location, and, in the light of specific national conditions, at an affordable price.
Member States shall determine the most efficient and appropriate approach for ensuring the implementation of universal service,
whilst respecting the principles of objectivity, transparency, non-discrimination and proportionality. They shall seek to minimise

market distortions, in particular the provision of services at prices or subject to other terms and conditions which depart from
normal commercial conditions, whilst safeguarding the public interest.
Article 4
Provision of access at a fixed location
and provision of telephone services

Member States shall ensure that all reasonable requests for connection at a fixed location to
a

the
public
communications
telephone
network
and for access to publicly available telephone services at a fixed location
are met by at least one undertaking.
The connection provided shall be capable of
allowing end-users to make and receive local, national and international telephone

calls
supporting voice
,
facsimile
communications
and data communications, at data rates that are sufficient to permit functional
Internet access, taking into account prevailing technologies used by the majority of subscribers and technological feasibility.

3.
Member States shall ensure that all reasonable requests for provision of a telephone service over the network connection referred to
in paragraph 1, allowing originating and receiving of national and international calls and calls to emergency services via the
number "112", are met by at least one undertaking.

Article 5
Directory enquiry services and directories

Member States shall ensure that:
(a) at least one comprehensive directory

is available to end-users in a form approved by the relevant authority, whether printed
or electronic, or both, and is updated on a regular basis, and at least once a year;
(b) at least one comprehensive telephone directory enquiry service is available to all end-users, including users of public pay
telephones.
The directories in paragraph 1 shall comprise, subject to the provisions of Article
11 of Directive 97/66/EC

12 of Directive
2002/58/EC
, all subscribers of publicly available telephone services.
Member States shall ensure that the undertaking(s) providing the services referred to in paragraph 1 apply the principle of non-
discrimination to the treatment of information that has been provided to them by other undertakings.
Article 6
Public pay telephones
Member States shall ensure that national regulatory authorities can impose obligations on undertakings in order to ensure that

public pay telephones are provided to meet the reasonable needs of end-users in terms of the geographical coverage, the number of
telephones, the accessibility of such telephones to disabled users and the quality of services.
A Member State shall ensure that its national regulatory authority can decide not to impose obligations under paragraph 1 in all or
part of its territory, if it is satisfied that these facilities or comparable services are widely available, on the basis of a consultation of
interested parties as referred to in Article 33.
Member States shall ensure that it is possible to make emergency calls from public pay telephones using the single European
emergency call number "112" and other national emergency numbers, all free of charge and without having to use any means of

payment.
Article 7
Special measures for disabled users
Member States shall
,

where appropriate,
take specific measures for disabled end-users in order to ensure access to and affordability

of publicly available telephone services, including access to emergency services, directory enquiry services and directories,
equivalent to that enjoyed by other end-users.
Member States
may
shall
take specific measures, in the light of national conditions, to ensure that disabled end-users can also take

advantage of the choice of undertakings and service providers available to the majority of end-users.
Article 8
Designation of undertakings
Member States may designate one or more undertakings to guarantee the provision of universal service as identified in Articles 4,
designate different undertakings or sets of undertakings to provide different elements of universal service and/or to cover different
parts of the national territory.
When Member States designate undertakings in part or all of the national territory as having universal service obligations, they
shall do so using an efficient, objective, transparent and non-discriminatory designation mechanism, whereby no undertaking is a

priori excluded from being designated. Such designation methods shall ensure that universal service is provided in a cost-effective
manner and may be used as a means of determining the net cost of the universal service obligation in accordance with Article 12.

3.
When an operator designated in accordance with paragraph 1 intends to dispose of a substantial part or all of its local access
network assets to a separate legal entity under different ownership, it shall inform in advance the national regulatory authority in a
timely manner, in order to allow the national regulatory authority to access the effect of the intended transaction on the provision of
access at a fixed location and of telephone services pursuant to Article 4. The national regulatory authority may impose conditions
in accordance with Article 6(2) of Directive 2002/20/EC (Authorisation Directive).

Article 9
Affordability of tariffs
National regulatory authorities shall monitor the evolution and level of retail tariffs of the services identified in Articles 4, 5, 6 and
7 as falling under the universal service obligations and provided by designated undertakings,
or if no undertakings are designated in
relation to those services, otherwise available in the market,
in particular in relation to national consumer prices and income.

Member States may,

in the light of national conditions, require that designated undertakings provide tariff options or packages to
consumers which depart from those provided under normal commercial conditions, in particular to ensure that those on low
incomes or with special social needs are not prevented from accessing or using the
network access referred to in Article 4(1), or the
services identified in Articles 4(3), 5, 6 and 7 as falling under the universal service obligations and provided by designated
undertakings.

publicly available telephone service.

Member States may, besides any provision for designated undertakings to provide special tariff options or to comply with price
caps or geographical averaging or other similar schemes, ensure that support is provided to consumers identified as having low
incomes
,

disability

or special social needs.
Member States may require undertakings with obligations under Articles 4, 5, 6 and 7 to apply common tariffs, including
geographical averaging, throughout the territory, in the light of national conditions or to comply with price caps.
National regulatory authorities shall ensure that, where a designated undertaking has an obligation to provide special tariff options,
common tariffs, including geographical averaging, or to comply with price caps, the conditions are fully transparent and are
published and applied in accordance with the principle of non-discrimination. National regulatory authorities may require that
specific schemes be modified or withdrawn.

Article 10
Control of expenditure
Member States shall ensure that designated undertakings, in providing facilities and services additional to those referred to in
Articles 4, 5, 6, 7 and 9(2), establish terms and conditions in such a way that the subscriber is not obliged to pay for facilities or
services which are not necessary or not required for the service requested.
Member States shall ensure that designated undertakings with obligations under Articles 4, 5, 6, 7 and 9(2) provide the specific
facilities and services set out in Annex I, Part A, in order that subscribers can monitor and control expenditure and avoid
unwarranted disconnection of service.
Member States shall ensure that the relevant authority is able to waive the requirements of paragraph 2 in all or part of its national

territory if it is satisfied that the facility is widely available.
Article 11
Quality of service of designated undertakings
National regulatory authorities shall ensure that all designated undertakings with obligations under Articles 4, 5, 6, 7 and 9(2)
publish adequate and up-to-date information concerning their performance in the provision of universal service, based on the
quality of service parameters, definitions and measurement methods set out in Annex III. The published information shall also be
supplied to the national regulatory authority.
National regulatory authorities may specify, inter alia, additional quality of service standards, where relevant parameters have been
developed, to assess the performance of undertakings in the provision of services to disabled end-users and disabled consumers.

National regulatory authorities shall ensure that information concerning the performance of undertakings in relation to these
parameters is also published and made available to the national regulatory authority.
National regulatory authorities may, in addition, specify the content, form and manner of information to be published, in order to
ensure that end-users and consumers have access to comprehensive, comparable and user-friendly information.
National regulatory authorities shall be able to set performance targets for those undertakings with universal service obligations at
least under Article 4. In so doing, national regulatory authorities shall take account of views of interested parties, in particular as
referred to in Article 33.
Member States shall ensure that national regulatory authorities are able to monitor compliance with these performance targets by
designated undertakings.

Persistent failure by an undertaking to meet performance targets may result in specific measures being taken in accordance with
Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic
communications networks and services (Authorisation Directive)
. National regulatory authorities shall be able to order
independent audits or similar reviews of the performance data, paid for by the undertaking concerned, in order to ensure the
accuracy and comparability of the data made available by undertakings with universal service obligations.
Article 12
Costing of universal service obligations
Where national regulatory authorities consider that the provision of universal service as set out in Articles 3 to 10 may represent an

unfair burden on undertakings designated to provide universal service, they shall calculate the net costs of its provision.

For that purpose, national regulatory authorities shall:
(a) calculate the net cost of the universal service obligation, taking into account any market benefit which accrues to an
undertaking designated to provide universal service, in accordance with Annex IV, Part A; or
(b) make use of the net costs of providing universal service identified by a designation mechanism in accordance with Article
The accounts and/or other information serving as the basis for the calculation of the net cost of universal service obligations under
paragraph 1(a) shall be audited or verified by the national regulatory authority or a body independent of the relevant parties and
approved by the national regulatory authority. The results of the cost calculation and the conclusions of the audit shall be publicly

available.
Article 13
Financing of universal service obligations
Where, on the basis of the net cost calculation referred to in Article 12, national regulatory authorities find that an undertaking is
subject to an unfair burden, Member States shall, upon request from a designated undertaking, decide:
(a) to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from
public funds; and/or
(b) to share the net cost of universal service obligations between providers of electronic communications networks and services.
Where the net cost is shared under paragraph 1(b), Member States shall establish a sharing mechanism administered by the national

regulatory authority or a body independent from the beneficiaries under the supervision of the national regulatory authority. Only
the net cost, as determined in accordance with Article 12, of the obligations laid down in Articles 3 to 10 may be financed.
A sharing mechanism shall respect the principles of transparency, least market distortion, non-discrimination and proportionality,
in accordance with the principles of Annex IV, Part B. Member States may choose not to require contributions from undertakings
whose national turnover is less than a set limit.
Any charges related to the sharing of the cost of universal service obligations shall be unbundled and identified separately for each
undertaking. Such charges shall not be imposed or collected from undertakings that are not providing services in the territory of
the Member State that has established the sharing mechanism.
Article 14

Transparency
Where a mechanism for sharing the net cost of universal service obligations as referred to in Article 13 is established, national
regulatory authorities shall ensure that the principles for cost sharing, and details of the mechanism used, are publicly available.
Subject to Community and national rules on business confidentiality, national regulatory authorities shall ensure that an annual
report is published giving the calculated cost of universal service obligations, identifying the contributions made by all the
undertakings involved, and identifying any market benefits, that may have accrued to the undertaking(s) designated to provide
universal service, where a fund is actually in place and working.
Article 15
Review of the scope of universal service

The Commission shall periodically review the scope of universal service, in particular with a view to proposing to the European
Parliament and the Council that the scope be changed or redefined. A review shall be carried out, on the first occasion within two
years after the date of application referred to in Article 38(1), second subparagraph, and subsequently every three years.
This review shall be undertaken in the light of social, economic and technological developments, taking into account, inter alia,
mobility and data rates in the light of the prevailing technologies used by the majority of subscribers. The review process shall be
undertaken in accordance with Annex V. The Commission shall submit a report to the European Parliament and the Council
regarding the outcome of the review.
CHAPTER III
REGULATORY CONTROLS ON UNDERTAKINGS WITH SIGNIFICANT

MARKET POWER IN SPECIFIC
RETAIL
MARKETS
Article 16
Review of obligations
1.
Member States shall maintain all obligations relating to:
(a) retail tariffs for the provision of access to and use of the public telephone network, imposed under Article 17 of Directive
98/10/EC of the European Parliament and of the Council of 26 February 1998 on the application of open network provision

(ONP) to voice telephony and on universal service for telecommunications in a competitive environment
14
;
(b) carrier selection or pre-selection, imposed under Directive 97/33/EC of the European Parliament and of the Council of
30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability
through application of the principles of open network provision (ONP)
15
;
(c) leased lines, imposed under Articles 3, 4, 6, 7, 8 and 10 of Directive 92/44/EEC,

until a review has been carried out and a determination made in accordance with the procedure in paragraph 3 of this Article.
2.
The Commission shall indicate relevant markets for the obligations relating to retail markets in the initial recommendation on
relevant product and service markets and the Decision identifying transnational markets to be adopted in accordance with Article
15 of Directive 2002/21/EC (Framework Directive).
3.
Member States shall ensure that, as soon as possible after the entry into force of this Directive, and periodically thereafter, national
regulatory authorities undertake a market analysis, in accordance with the procedure set out in Article 16 of Directive 2002/21/EC
taken shall be subject to the procedure referred to in Article 7 of Directive 2002/21/EC (Framework Directive).

Article 16 is deleted as it concerned obligations imposed on Member States in order to facilitate the transition from the regulatory
package of 1998 to the 2002 framework which are now outdated.
Article 17
Regulatory controls on retail services
Member States shall ensure that
national regulatory authorities impose appropriate regulatory obligations on undertakings
identified as having significant market power on a given retail market in accordance with Article 14 of Directive 2002/21/EC
(Framework Directive),

, where
:
(a)
where
as a result of a market analysis carried out in accordance with Article 16
of Directive 2002/21/EC (Framework
Directive)
(3)

a national regulatory authority determines that a given retail market identified in accordance with Article 15 of
(b)
where
the national regulatory authority concludes that obligations imposed under Directive 2002/19/EC (Access Directive)
,
or Article 19 of this Directive
would not result in the achievement of the objectives set out in Article 8 of
Directive 2002/21/EC (Framework Directive)

.
,

national regulatory authorities shall impose appropriate regulatory obligations on undertakings identified as having significant
market power on a given retail market in accordance with Article 14 of Directive 2002/21/EC (Framework Directive).
Obligations imposed under paragraph 1 shall be based on the nature of the problem identified and be proportionate and justified in
the light of the objectives laid down in Article 8 of Directive 2002/21/EC (Framework Directive). The obligations imposed may
include requirements that the identified undertakings do not charge excessive prices, inhibit market entry or restrict competition by
setting predatory prices, show undue preference to specific end-users or unreasonably bundle services. National regulatory

authorities may apply to such undertakings appropriate retail price cap measures, measures to control individual tariffs, or
measures to orient tariffs towards costs or prices on comparable markets, in order to protect end-user interests whilst promoting
effective competition.

3.
National regulatory authorities shall, on request, submit information to the Commission concerning the retail controls applied and,
where appropriate, the cost accounting systems used by the undertakings concerned.

National regulatory authorities shall ensure that, where an undertaking is subject to retail tariff regulation or other relevant retail

controls, the necessary and appropriate cost accounting systems are implemented. National regulatory authorities may specify the
format and accounting methodology to be used. Compliance with the cost accounting system shall be verified by a qualified
independent body. National regulatory authorities shall ensure that a statement concerning compliance is published annually.
Without prejudice to Article 9(2) and Article 10, national regulatory authorities shall not apply retail control mechanisms under
paragraph 1 of this Article to geographical or user markets where they are satisfied that there is effective competition.
Article 18
Regulatory controls on the minimum set of leased lines
1.
Where, as a result of the market analysis carried out in accordance with Article 16(3), a national regulatory authority determines

that the market for the provision of part or all of the minimum set of leased lines is not effectively competitive, it shall identify
undertakings with significant market power in the provision of those specific elements of the minimum set of leased lines services
in all or part of its territory in accordance with Article 14 of Directive 2002/21/EC (Framework Directive). The national regulatory
authority shall impose obligations regarding the provision of the minimum set of leased lines, as identified in the list of standards
published in the Official Journal of the European Communities in accordance with Article 17 of Directive 2002/21/EC (Framework
Directive), and the conditions for such provision set out in Annex VII to this Directive, on such undertakings in relation to those
specific leased line markets.
2.
Where as a result of the market analysis carried out in accordance with Article 16(3), a national regulatory authority determines

that a relevant market for the provision of leased lines in the minimum set is effectively competitive, it shall withdraw the
obligations referred to in paragraph 1 in relation to this specific leased line market.
3.
The minimum set of leased lines with harmonised characteristics, and associated standards, shall be published in the Official
Journal of the European Communities as part of the list of standards referred to in Article 17 of Directive 2002/21/EC (Framework
Directive). The Commission may adopt amendments necessary to adapt the minimum set of leased lines to new technical
developments and to changes in market demand, including the possible deletion of certain types of leased line from the minimum
set, acting in accordance with the procedure referred to in Article 37(2) of this Directive.
Article 19

Carrier selection and carrier pre-selection
1.
National regulatory authorities shall require undertakings notified as having significant market power for the provision of
connection to and use of the public telephone network at a fixed location in accordance with Article 16(3) to enable their
subscribers to access the services of any interconnected provider of publicly available telephone services:
(a) on a call-by-call basis by dialling a carrier selection code; and
(b) by means of pre-selection, with a facility to override any pre-selected choice on a call-by-call basis by dialling a carrier
selection code.
2.

User requirements for these facilities to be implemented on other networks or in other ways shall be assessed in accordance with
accordance with Article 12 of Directive 2002/19/EC (Access Directive).
3.
National regulatory authorities shall ensure that pricing for access and interconnection related to the provision of the facilities in
paragraph 1 is cost oriented and that direct charges to subscribers, if any, do not act as a disincentive for the use of these facilities.
CHAPTER IV
END-USER INTERESTS AND RIGHTS
Article 20
Contracts

This article shall
Paragraphs 2, 3 and 4
apply without prejudice to Community rules on consumer protection, in particular Directives
97/7/EC and
93/13/EC
16
and 97/7/EC

17
, and national rules in conformity with Community law.
Member States shall ensure that, where subscribing to services providing connection
and/or access
to
a
the
public
telephone

communications
network
and/or publicly available telephone services
, consumers have a right to a contract with an
undertaking or undertakings providing such services
and/or connection
. The contract shall specify at least:

(a) the identity and address of the supplier;
(b)
the
services provided, the service quality levels offered, as well as the time for the initial connection;
(c) the types of maintenance service offered;
(d) particulars of prices and tariffs and the means by which up-to-date information on all applicable tariffs and maintenance
charges may be obtained;
(e) the duration of the contract, the conditions for renewal and termination of services and of the contract;
including direct costs

for portability of numbers and other identifiers;

(f) any compensation and the refund arrangements which apply if contracted service quality levels are not met;
and

(g) the method of initiating procedures for settlement of disputes in accordance with Article 34
.
;
(h) the action that might be taken by the undertaking providing connection and/or services in reaction to security or integrity

incidents or threats and vulnerabilities.

Member States may extend these obligations to cover other end-users.
The information listed in paragraph 2 shall also be included in contracts concluded between consumers and electronic
communications services providers other than those providing connection to a public communications network and/or publicly
available telephone services. Member States may extend this obligation to cover other end users.
Where contracts are concluded between consumers and electronic communications services providers other than those providing
connection and/or access to the public telephone network, the information in paragraph 2 shall also be included in such contracts.
Member States may extend this obligation to cover other end-users.

4.
Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic
communications services that allow voice communication, subscribers are clearly informed whether or not access to emergency
services is provided. Providers of electronic communications services shall ensure that customers are clearly informed of the lack
of access to emergency services in advance of the conclusion of a contract and regularly thereafter.
5.
Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic
communications services and/or networks, subscribers are clearly informed in advance of the conclusion of a contract and regularly

thereafter of any limitations imposed by the provider on their ability to access or distribute lawful content or run any lawful
applications and services of their choice.
6.
Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic
communications services and/or networks, subscribers are clearly informed in advance of the conclusion of the contract and
regularly thereafter of their obligations to respect copyright and related rights. Without prejudice to Directive 2000/31/EC on
electronic commerce, this includes the obligation to inform subscribers of the most common acts of infringements and their legal
consequences.

4
7
. Subscribers shall have a right to withdraw from their contracts without penalty upon notice of
proposed
modifications in the
contractual conditions
proposed by operators
. Subscribers shall be given adequate notice, not shorter than one month, ahead of any

such modifications and shall be informed at the same time of their right to withdraw, without penalty, from such contracts, if they
do not accept the new conditions.
Article 21

Transparency and publication of information
Member States shall ensure that transparent
, comparable, adequate
and up-to-date information on applicable prices and tariffs, and
on standard terms and conditions, in respect of access to and use of
publicly available telephone
the
services

identified in Articles 4,
5, 6 and 7
is available to end-users and consumers, in accordance with the provisions of Annex II.
National regulatory authorities shall encourage the provision of information to enable end-users, as far as appropriate, and
consumers to make an independent evaluation of the cost of alternative usage patterns, by means of, for instance, interactive
guides.
Member States shall ensure that undertakings providing public electronic communications networks and/or services publish
comparable, adequate and up-to-date information on applicable prices and tariffs in respect of access and use of their services
provided to consumers. Such information shall be published in an easily accessible form.

3.
National regulatory authorities shall encourage the provision of information to enable end-users and consumers to make an
independent evaluation of the cost of alternative usage patterns, by means of interactive guides or similar techniques. Member
States shall ensure that national regulatory authorities make such guides or techniques available, when these are not available on
the market. Third parties shall have a right to use without charge the tariffs published by undertakings providing electronic
communications networks and/or services, for the purposes of selling or making available such interactive guides or similar
techniques.
4.
Member States shall ensure that national regulatory authorities are able to oblige undertakings providing electronic

communications services to provide applicable tariff information to customers at the time and point of purchase to ensure that
customers are fully informed of pricing conditions.
5.
Member States shall ensure that national regulatory authorities are able to oblige undertakings providing electronic
communications services and/or networks to provide information required in accordance with Article 20(5) to customers in a clear,
comprehensive and easily accessible form.
6.
In order to ensure that end-users can benefit from a consistent approach to tariff transparency, as well as to the provision of
information in accordance with Article 20(5) in the Community, the Commission may, having consulted the European Electronic

Communications Market Authority (hereinafter referred to as “the Authority”), take the appropriate technical implementing
measures in this area, such as specify the methodology or procedures. Those measures designed to amend non-essential elements of
this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article
37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).

Article 22
Quality of service
Member States shall ensure that national regulatory authorities are, after taking account of the views of interested parties, able to
require undertakings that provide publicly available electronic communications

networks and/or
services to publish comparable,
adequate and up-to-date information for end-users on the quality of their services
, including equivalent access for disabled end-
users
. The information shall, on request, also be supplied to the national regulatory authority in advance of its publication.
National regulatory authorities may specify, inter alia, the quality of service parameters to be measured, and the content, form and
manner of information to be published, in order to ensure that end-users have access to comprehensive, comparable and user-
friendly information. Where appropriate, the parameters, definitions and measurement methods given in Annex III could be used.

3.
In order to prevent degradation of service and slowing of traffic over networks, the Commission may, having consulted the
Authority, adopt technical implementing measures concerning minimum quality of service requirements to be set by the national
regulatory authority on undertakings providing public communications networks. These measures designed to amend non-essential
elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred
to in Article 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).

Article 23

Integrity of the network
Availability of services

Member States shall take all necessary steps to ensure the
integrity
availability
of
the

public
ly

available
telephone
network
services
provided over public communications networks
at fixed locations and

in the event of catastrophic network breakdown or in cases of
force majeure
.
, the availability of the public telephone network and publicly available telephone services at fixed locations.
Member
States shall ensure that undertakings providing publicly available telephone services
at fixed locations
take all reasonable steps to ensure

uninterrupted access to emergency services.
Article 24
Interoperability of consumer digital television equipment
In accordance with the provisions of Annex VI, Member States shall ensure the interoperability of the consumer digital television
equipment referred to therein.
Article 25
Operator assistance and
Telephone
directory enquiry services

Member States shall ensure that subscribers to publicly available telephone services have the right to have an entry in the publicly
available directory referred to in Article 5(1)(a).
Member States shall ensure that all undertakings which assign telephone numbers to subscribers meet all reasonable requests to
make available, for the purposes of the provision of publicly available directory enquiry services and directories, the relevant
information in an agreed format on terms which are fair, objective, cost oriented and non-discriminatory.
Member States shall ensure that all end-users provided with a
publicly available telephone service
connection to the public
telephone network

can access
operator assistance services and
directory enquiry services in accordance with Article 5(1)(b).
Member States shall not maintain any regulatory restrictions which prevent end-users in one Member State from accessing directly
the directory enquiry service in another Member State.
Paragraphs 1, 2, 3 and 4 apply subject to the requirements of Community legislation on the protection of personal data and privacy
and, in particular, Article
11
12

of Directive
97/66/EC
2002/58/EC
.
Article 26
Single European emergency call number
Member States shall ensure that, in addition to any other national emergency call numbers specified by the national regulatory
authorities, all end-users of

publicly available telephone
services
referred to in paragraph 2
, including users of public pay
telephones, are able to call the emergency services free of charge
and without having to use any means of payment
, by using the
single European emergency call number "112".

2.
Member States shall ensure that undertakings providing a service for originating national and/or international calls through a
number or numbers in a national or international telephone numbering plan provide access to emergency services.

2
3
. Member States shall ensure that calls to the single European emergency call number "112" are appropriately answered and handled

in a manner best suited to the national organisation of emergency systems
and within the technological possibilities of the
networks
.
Such calls shall be answered and handled at least as expeditiously and effectively as calls to national emergency number
or numbers, where these continue in use.
4.
Member States shall ensure that disabled end-users are able to access emergency services. In order to ensure that disabled end-

users are able to access emergency services while travelling in other Member States, the measures taken may include ensuring
compliance with relevant standards or specifications published in accordance with the provisions of Article 17 of Directive
2002/21/EC (Framework Directive).

3
5
. Member States shall ensure that
undertakings which operate public telephone networks make
caller location information

is made
available
free of charge
to authorities handling emergencies
, to the extent technically feasible,
for all calls to the single European
emergency call number "112".

Member States shall require that caller location information is automatically provided as soon as the emergency call reaches the
authority dealing with the emergency.

4
6
. Member States shall ensure that citizens are adequately informed about the existence and use of the single European emergency
call number "112"

, in particular through initiatives specifically targeting persons travelling between Member States
.
Member
States shall submit a yearly report to the Commission and the Authority on the measures taken in that respect.
7.
In order to ensure that effective implementation of "112" services in the Member States, including access for disabled end-users
when travelling in other Member States, the Commission, having consulted the Authority, may adopt technical implementing

measures.
Those measures designed to amend non-essential elements of this Directive, by supplementing it shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in Article 37(2). On imperative grounds of urgency, the Commission may
use the urgency procedure referred to in Article 37(3).

Article 27
European telephone access codes
Member States shall ensure that the "00" code is the standard international access code. Special arrangements for making calls

between adjacent locations across borders between Member States may be established or continued. The end-users
of publicly
available telephone services
in the locations concerned shall be fully informed of such arrangements.

2.
Those Member States to which the ITU assigned the international code "3883" shall entrust the Authority with sole responsibility

for the management of the European Telephony Numbering Space.

2
3
. Member States shall ensure that all undertakings that
operate public telephone networks
provide publicly available telephone
services
handle all calls to

and from
the European telephony numbering space,
at rates that do not exceed the maximum rate they
apply for calls to and from other Member States.
without prejudice to the need for an undertaking that operates a public telephone
network to recover the cost of the conveyance of calls on its network.

Article 28
Non-geographic numbers

Access to numbers and services

Member States shall ensure that end-users from other Member States are able to access non-geographic numbers within their territory
where technically and economically feasible, except where a called subscriber has chosen for commercial reasons to limit access by
calling parties located in specific geographical areas.

1.
Member States shall ensure that national regulatory authorities take all necessary steps to ensure that:

(a) end-users are able to access and use services, including information society services, provided within the Community; and

(b) end-users are able to access all numbers provided in the Community, including those in the national numbering plans of
Member States, those from the European Telephone Numbering Space and Universal International Freephone Numbers.

National regulatory authorities shall be able to block on a case-by-case basis access to numbers or services where this is justified
by reasons of fraud or misuse.
2.
In order to ensure that end users have effective access to numbers and services in the Community, the Commission may, having

consulted the Authority, adopt technical implementing measures. These measures designed to amend non-essential elements of
this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article
37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).

Any such t