Considerations on COM(2012)430 - EU Position for the review of the International Telecommunications Regulations

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dossier COM(2012)430 - EU Position for the review of the International Telecommunications Regulations.
document COM(2012)430 EN
date August  2, 2012
 
(1) The International Telecommunication Regulations (ITRs) were adopted by the World Administrative Telegraphy and Telephone Conference in Melbourne in 1988 and have not been revised since;

(2) The 27 Member States of the European Union are signatories of these ITRs;

(3) The International Telecommunication Union (ITU) has called for a meeting in Dubai from 3 until 14 December 2012, named the World Conference on International Telecommunications (WCIT), to agree to a new text for these ITRs;

(4) The European Union has adopted legislation that establishes rules in the area of telecommunications, in particular: (a) Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services; (b) Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws; (c) Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services;

(5) Several of the proposals tabled so far for changes to the ITRs relate to aspects of international telecommunications that are clearly within the scope of the EU acquis and Union policies, including the relationship between regulatory authorities and independent commercial operators, roaming, and the protection of personal data. As the ITRs are binding on Parties (unless a Party formally communicates its objection to an amendment) this requires that the European Union has to establish a position on those aspects of the proposed modifications to the ITRs that will have legal effect;

(6) The position of the European Union within the WCIT needs to ensure that any changes to the ITRs are compatible with the acquis ;

(7) The European Commission will inform the ITU about the respective competencies of the European Union and its Member States on such matters;

(8) Meetings have taken place in the context of the European Conference of Postal and Telecommunications (CEPT) to prepare European Common Positions on the ITR review.