Specific obligations which may be imposed on providers of electronic communications networks and services under Articles 5(1), 5(2), 6 and 8 of Directive 2002/19/EC (Access Directive) and Articles 16, 17, 18 and 19 of Directive 2002/22/EC (Universal Service Directive) or on those designated to provide universal service under the said Directive shall be legally separate from the rights and obligations under the general authorisation.

Since the objectives of the proposed action, namely the harmonisation and simplification of electronic communications rules and conditions for the authorisation of networks and services cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty.

Member States shall maintain all obligations on undertakings providing public communications networks and/or services concerning access and interconnection that were in force prior to the date of entry into force of this Directive under Articles 4, 6, 7, 8, 11, 12, and 14 of Directive 97/33/EC, Article 16 of Directive 98/10/EC, and Articles 7 and 8 of Directive 92/44/EC, until such time as these obligations have been reviewed and a determination made in accordance with paragraph 3.

Since the objectives of the proposed action, namely establishing a harmonised framework for the regulation of access to and interconnection of electronic communications networks and associated facilities, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty.

The outcome of the public consultation on the 1999 review of the regulatory framework for electronic communications, as reflected in the Commission communication of 26 April 2000, and the findings reported by the Commission in its communications on the fifth and sixth reports on the implementation of the telecommunications regulatory package, has confirmed the need for a more harmonised and less onerous market access regulation for electronic communications networks and services throughout the Community.

In the event of a dispute arising in connection with obligations arising under this Directive or the Specific Directives between undertakings providing electronic communications networks or services in a Member State, the national regulatory authority concerned shall, at the request of either party, and without prejudice to the provisions of paragraph 2, issue a binding decision to resolve the dispute in the shortest possible time frame and in any case within four months except in exceptional circumstances.

Irrespective of the provisions of paragraphs 2, 3 and 5, where the relevant authority has evidence of a breach of the conditions of the general authorisation, rights of use or specific obligations referred to in Article 6(2) that represents an immediate and serious threat to public safety, public security or public health or will create serious economic or operational problems for other providers or users of electronic communications networks or services, it may take urgent interim measures to remedy the situation in advance of reaching a final decision.

«early warning and response system» shall mean the network in accordance with Decision No 2119/98/EC for the prevention and control of communicable diseases, formed by bringing the Commission and the competent public health authorities in each Member State into permanent communication with one another through appropriate means specified in Commission Decision 2000/57/EC of 22 December 1999 on the early warning and response system for the prevention and control of communicable diseases under Decision No 2119/98/EC of the European Parliament and of the Council(5).

In particular where undertakings are deprived of access to viable alternatives because of the need to protect the environment, public health, public security or to meet town and country planning objectives, Member States may impose the sharing of facilities or property (including physical co-location) on an undertaking operating an electronic communications network or take measures to facilitate the coordination of public works only after an appropriate period of public consultation during which all interested parties must be given an opportunity to express their views.

"electronic communications network" means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed (circuit-and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;

Where the Member State concerned can prove that the abolition of an authorisation condition regarding access to electronic communications networks, which was in force before the date of entry into force of this Directive, creates excessive difficulties for undertakings that have benefited from mandated access to another network, and where it is not possible for these undertakings to negotiate new agreements on reasonable commercial terms before the date of application referred to in Article 18(1), second subparagraph, Member States may request a temporary prolongation of the relevant condition(s).

At the request of an undertaking, national regulatory authorities shall, within one week, issue standardised declarations, confirming, where applicable, that the undertaking has submitted a notification under Article 3(2) and detailing under what circumstances any undertaking providing electronic communications networks or services under the general authorisation has the right to apply for rights to install facilities, negotiate interconnection, and/or obtain access or interconnection in order to facilitate the exercise of those rights for instance at other levels of government or in relation to other undertakings.

Without prejudice to Article 31 of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)(16), Member States shall not maintain legal or administrative measures which oblige operators, when granting access or interconnection, to offer different terms and conditions to different undertakings for equivalent services and/or imposing obligations that are not related to the actual access and interconnection services provided without prejudice to the conditions fixed in the Annex of Directive 2002/20/EC (Authorisation Directive).

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(6), 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)(7), that such provisions are no longer needed because a sufficiently competitive market has developed in their territory.

Communications network

several IT networks can use the services of a common communications network.

the new generations of wireless and mobile communications systems and networks;

"public telephone network" means an electronic communications network which is used to provide publicly available telephone services;

`Digital radio communications network for security organisations (security requirements)`

the design of the physical architecture of the system, including its communication network;

"network termination point" (NTP) means the physical point at which a subscriber is provided with access to a public communications network;

integration and management of communication networks, including interoperable network solutions;

"Local area network" (4) is a data communication system having all of the following characteristics:

‘Digital radio communications network for security organisations (security requirements)’

monitoring either point-to-point connections or the status of the communications network, as applicable.

Whereas there is an inherent international dimension to telematic networks and electronic communication;

An IT network can use the services of one or several communications networks interconnected to exchange data;

regional communications, particularly as regards standards, networks and services, including telecommunications,

The European Regulators Group for Electronic Communications Networks and Services (Commission Decision 2002/627/EC)."

(1) Communication networks and information systems have become an essential factor in economic and societal development.

This is, for example, the case in network industries such as energy, telecommunications and other communication industries.

to share the net cost of universal service obligations between providers of electronic communications networks and services.

'network termination point' shall mean all physical connections and their technical access specification which form part of the public telecommunications network and are necessary for access to, and efficient communication through, that public network;

on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)

any means of fostering regular exchanges of information, including the joint development of computer networks for communication;

(a) any measures promoting regular exchanges of information, including the joint development of computerized communication networks;

(3) Commission Decision 91/398 of 19 July 1991 on a computerised network linking veterinary authorities (Animo) fn defines the principles governing the communications network linking veterinary units.

(1) Commission Decision 91/398/EEC of 19 July 1991 on a computerised network linking veterinary authorities (Animo) fn, defines the principles governing the communications network linking veterinary units.

- the national regulatory authorities as set out in the Directives relating to the electronic communications networks and services, as well as on the European Regulators Group for Electronic Communications Networks and Services established by Commission Decision 2002/627/EC(13) and the Communications Committee referred to in Directive 2002/21/EC,

to safeguard EU information handled in communications and information systems and networks, against threats to its integrity and availability;

identical communications software and identical applications software enabling each unit to be connected to the computerized veterinary network.

Only accredited communications centres and networks and/or terminals and systems may transmit information classified CONFIDENTIEL UE and SECRET UE.

the introduction, operation and maintenance of technical communication networks, provided that such arrangements are made on a non-discriminatory basis;

it supports the transfer between network termination points of speech communications, and also other forms of communication, such as facsimile and data;

Whereas by Decision 87/499/EEC fn the Council adopted a communications network Community programme on trade electronic data interchange systems (Tedis);

an area which contains one or more computers, their local peripheral and storage units, control units and dedicated network and communications equipment.