European framework

BIPT contributes to the transposition process of the European directives in the telecommunications sector.

The compilation of European regulations includes all the European directives and European regulations in force in the communications sector.

Regulations

Texts of the Parliament and the Council (there are also Regulations of the Council alone), at the proposal of the Commission. They are directly applicable and binding in all EU member states without any implementing measures having to be adopted in national law. They therefore create law in the entire European Union, regardless of borders and they apply uniformly and in their entirety in all member states.

European authorities

  • Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office), amending Regulation (EU) 2015/2120 and repealing Regulation (EC) No 1211/2009
  • Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act)

Roaming

  • Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union (Direct access to consolidated version: html/pdf)
  • Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union
  • Commission Implementing Regulation (EU) 2016/2286 of 15 December 2016 laying down detailed rules on the application of fair use policy and on the methodology for assessing the sustainability of the abolition of retail roaming surcharges and on the application to be submitted by a roaming provider for the purposes of that assessment
  • Regulation (EU) 2017/920 of the European Parliament and of the Council of 17 May 2017 amending Regulation (EU) No 531/2012 as regards rules for wholesale roaming markets
     

Notification of personal data breaches

  • Commission Regulation (EU) No 611/2013 of 24 June 2013 on the measures applicable to the notification of personal data breaches under Directive 2002/58/EC of the European Parliament and of the Council on privacy and electronic communications

e-Privacy

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

Protection of consumers

Directives

Texts from the Parliament and the Council at the initiative of the Commission (a directive can also be initiated by the Council alone or by the Commission alone, such as the Commission's "Competition Directive"). Directives are binding for Member States in terms of the result that has to be accomplished within a given time frame, but they allow the national authorities to choose the form and means themselves. These texts have to be transposed into national law first before they can be applied in each Member State. They have to be transposed within the term laid down in each Directive. In case of non-compliance with these obligations Member States can be prosecuted before the European Court of Justice (ECJ) for violation of the Community law.
Community Directives do not create direct rights or obligations for the citizens of the Union as they only target the Member States. However, it results from the ECJ's judgement that once the transposition term has expired, all bodies of the Member States are obliged to interpret and apply the national legislation in conformity with the Directives, and to reject those provisions of national law that go against a non-transposed Directive. The ECJ has acknowledged the right of private persons to invoke a Directive that has not been transposed (correctly) into national law against a State and to appeal to the rights coming from that Directive before the national courts, provided that the provisions of that Directive regarding the content, are clear, specific and binding and leave no room for interpretation.

Electronic communications (telecommunications and radio communications)

  • Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast)
    Consolidated text (Directives 2002/19/EC, 2002/20/EC, 2002/21/EC, and 2002/22/EC stay into force until 21 December 2020)
  • Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (consolidated version)

Competition in the markets for electronic communications networks and services 

  • Directive 2002/77/EC of the Commission of 16 September 2002 on competition in the markets for electronic communications networks and services (OV)

Deployment of high-speed electronic communications networks

  • Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks Text with EEA relevance (OV)

Equipments 

  • Directive 2008/63/EC of the Commission of 20 June 2008 on competition in the markets in telecommunications terminal equipment (OV)
  • Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (OV) Consolidated text
  • Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OV)
  • Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC Consolidated text

Media

  • Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (codified version)

Decisions

Texts that have mostly been adopted by the Commission who then has to follow the consultation procedure of the regulatory committees (comitology rules). The Commission can act upon Decision by virtue of the Treaty (for instance regarding competition) or by virtue of regulations or directives bestowing on her such a power. As are Regulations, all parts of Decisions are binding but only to the subjects whom they are aimed at. Decisions therefore do not require a national legislation to be implemented. A Decision can be aimed at one, several, or all Member States, to companies or private persons.

 

  • Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)
  • Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme

Recommendations and communications

These legal remedies are not binding. They reflect how the Commission interprets a certain provision or a certain topic. As regards the electronic communications domain it should however be noted that the recommendations enjoy a special legal statute as the national regulatory authorities have to take them into account "as much as possible" and as these latter, in case of non-observance of a recommendation, have to justify their stance to the Commission (Article 19 of the "Framework Directive").

 

Link (s)

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