Directive 2002/19 - Access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) - Main contents

Access to electronic communications networks

This directive harmonises the way in which EU countries regulate access to, and interconnection of, electronic communications networks and associated facilities. It establishes a regulatory framework for the relationships between suppliers of networks and services that will result in sustainable competition and interoperability of electronic communications services.

ACT

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).

SUMMARY

Along with 4 other directives (the framework, authorisation, universal service, and privacy and electronic communications directives), the access directive forms part of the telecoms package, which defines the regulatory framework that aims to make the electronic communications networks and services sector more competitive.

In 2009, the telecoms package was amended by the better law-making and citizens’ rights directives, as well as by the creation of the Body of European Regulators for Electronic Communications (BEREC).

Application

The directive applies to all forms of public communication networks carrying publicly available electronic communications services. These include fixed and mobile telecommunications networks, networks used for terrestrial broadcasting, cable TV networks, and satellite and Internet networks used for voice, fax, data and image transmission.

General principle

EU countries must ensure that there are no restrictions which prevent undertakings in the same EU country or in different EU countries from negotiating between themselves agreements on access and/or interconnection subject to competition rules in the treaty.

The general principle provides that, in markets where there continue to be large differences in negotiating power between undertakings, it is appropriate to establish a framework based on internal market principles and competition rules to act as an instrument for market regulation.

Adopting a technologically neutral approach, the objectives are to:

Operators’ rights and obligations

The directive lays down a fundamental rule whereby operators of public communications networks have a right and, when requested by other undertakings so authorised, an obligation to negotiate interconnection with each other in order to ensure service interoperability throughout the European Union.

The national regulatory authorities (NRAs) are responsible for carrying out regular market analyses in order to determine whether one or more operators have significant power in the market in question. Where, following a market analysis, an operator is identified as having significant power in a given market, the NRAs will impose one or more of the following obligations on that operator, according to the circumstances.

Where market failures persist in spite of the application of these obligations, the NRAs may, as a last resort, require a vertically integrated undertaking to place its activities relating to the wholesale provision of access products and services in an independently operating business entity.

This functionally independent entity must supply access products and services to all undertakings, including to other business entities within the parent company, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes.

REFERENCES

AMENDMENT TO THE ANNEXES

Annex II - Minimum list of items to be included in a reference offer for wholesale network infrastructure access, including shared or fully unbundled access to the local loop at a fixed location to be published by notified operators with significant market power (SMP).

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 (OJ L 337, 18 December 2009, pp. 37-69).

Corrigendum to 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 (OJ L 241, 10 September 2013, pp. 8-9).

RELATED ACTS

Commission guidelines on the market analysis and the assessment of significant market power under the Community regulatory framework for electronic communications networks and services (OJ C 165, 11 July 2002, pp. 6-31)

Under the regulatory framework on communications services, these guidelines lay down the principles on which the national regulatory authorities must base their market analysis in order to guarantee effective competition.

Proposal for a Regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) No 531/2012 (COM(2013) 627 final of 11 September 2013 - not published in the Official Journal).

last update 10.09.2015

This summary has been adopted from EUR-Lex.