ONP and competition rules therefore constitute two different but coherent sets of rules.

ONP rules cannot be considered as competition rules which apply to States and/or to undertakings' behaviour.

ONP has a fundamental role in providing European-wide access to Community-wide interconnected public networks.

ONP leased line terminal types:

Hence, the competition rules have full application, even when all ONP rules have been adopted.

Application of competition rules and other Community law, including open network provision (ONP) rules

This applies, inter alia, to the relationship between competition rules applicable to undertakings and the ONP rules.

Harmonized access will be ensured in compliance with the competition rules as mentioned above, as the ONP rules specifically provide.

Standards jointly developed and/or published in accordance with the ONP procedures carry with them the presumption that the cooperating TOs which comply with those standards fulfil the requirement of open and efficient access (see the ONP Directive mentioned in paragraph 16).

The ONP Directive provides in this respect for the definition of harmonized tariff principles which should lessen the number of these cases.

When ONP harmonization is implemented, a network user will be offered harmonized access conditions throughout the EEC, whichever country they address.

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(24).

The details of the ONP procedures have been fixed by Directive 90/387/EEC (6) on the establishment of the internal market for telecommunications services through the implementation of open network provision, adopted by Council on 28 June 1990 under Article 100a of the EEC Treaty.

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);

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);

A single Committee should replace the "ONP Committee" instituted by Article 9 of Directive 90/387/EEC and the Licensing Committee instituted by Article 14 of Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services(18).

According to the Council Resolution of 30 June 1988 on the development of the common market for telecommunications services and equipment up to 1992 (5), ONP comprises the 'rapid definition, by Council Directives, of technical conditions, usage conditions, and tariff principles for open network provision, starting with harmonized conditions for the use of leased lines`.

The definition of significant market power in the 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)(14) has proved effective in the initial stages of market opening as the threshold for ex ante obligations, but now needs to be adapted to suit more complex and dynamic markets.

In order to ensure continuity of existing agreements and to avoid a legal vacuum, it is necessary to ensure that obligations for access and interconnection imposed under Articles 4, 6, 7, 8, 11, 12, and 14 of 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)(8), obligations on special access imposed under Article 16 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(9), and obligations concerning the provision of leased line transmission capacity under Council Directive 92/44/EEC of 5 June 1992 on the application of open network provision to leased lines(10), are initially carried over into the new regulatory framework, but are subject to immediate review in the light of prevailing market conditions.

ONP and competition rules therefore constitute two different but coherent sets of rules.

ONP Directives lay down obligations relating to transparency, obligations to supply and pricing practices.

ONP rules cannot be considered as competition rules which apply to States and/or to undertakings' behaviour.

ONP has a fundamental role in providing European-wide access to Community-wide interconnected public networks.

ONP procedures furthermore can cover a broader range of access problems than could be approached on the basis of the competition rules.

The recommended provision of full unbundled access to the local loop of notified operators is without prejudice to the obligations under ONP Directives 97/33/EC and 98/10/EC for notified operators to fn:

In order to facilitate coordination, it is recommended that national regulatory authorities report periodically to the ONP committee on issues associated with implementation of unbundled access to the local loop.

Commission Decision of 9 July 1997 on a common technical regulation for the attachment requirements for the terminal equipment interface for connection to 2 048 kbit/s digital structured ONP leased lines (Text with EEA relevance)

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

Commission Decision of 9 July 1997 on a common technical regulation for the general attachment requirements for terminal equipment to interface to Open Network Provision (ONP) two-wire analogue leased lines (Text with EEA relevance)

Commission Decision of 9 July 1997 on a common technical regulation for the general attachment requirements for terminal equipment to interface to Open Network Provision (ONP) four-wire analogue leased lines (Text with EEA relevance)

Commission Decision of 9 July 1997 on a common technical regulation for the attachment requirements for the terminal equipment interface for connection to 64 kbit/s digital unrestricted ONP leased lines (Amendment 1) (Text with EEA relevance)

Commission Decision of 9 July 1997 on a common technical regulation for the attachment requirements for the terminal equipment interface for connection to 2 048 kbit/s digital structured ONP leased lines (97/521/EC) (OJ L 215, 7.8.1997. p. 44)

Commission Decision of 9 July 1997 on a common technical regulation for the attachment requirements for the terminal equipment interface for connection to 2 048 kbit/s digital unstructured ONP leased lines (Amendment 1) (Text with EEA relevance)

Commission Decision of 9 July 1997 on a common technical regulation for terminal equipment to be connected to public circuit switched data networks and ONP leased circuits using a CCITT Recommendation X.21 type interface (Text with EEA relevance)

Commission Decision of 9 July 1997 on a common technical regulation for the general attachment requirements for terminal equipment to interface to Open Network Provision (ONP) two-wire analogue leased lines (97/486/EC) (OJ L 208, 2.8.1997, p. 44)

Commission Decision of 9 July 1997 on a common technical regulation for the general attachment requirements for terminal equipment to interface to Open Network Provision (ONP) four-wire analogue leased lines (97/487/EC) (OJ L 208, 2.8.1997, p. 47)

Commission Decision of 9 July 1997 on a common technical regulation for the attachment requirements for the terminal equipment interface for connection to 64 kbit/s digital unrestricted ONP leased lines (Amendment 1) (97/522/EC) (OJ L 215, 7.8.1997, p. 46)

Commission Decision of 9 July 1997 on a common technical regulation for the attachment requirements for the terminal equipment interface for connection to 2 048 kbit/s digital unstructured ONP leased lines (Amendment 1) (97/520/EC) (OJ L 215, 7.8.1997, p. 41)

Commission Decision of 9 July 1997 on a common technical regulation for terminal equipment to be connected to public circuit switched data networks and ONP leased circuits using a CCITT Recommendation X.21 type interface (97/544/EC) (OJ L 223,13.8.1997, p. 18)

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) fn;

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 fn;

Commission Decision of 22 December 2000 on amendment of Annex III to 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 (Text with EEA relevance) (notified under document number C(2000) 4078)

Whereas 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 (6) calls on national regulatory authorities to ensure the publication of details of technical interface specifications for network access for the purpose of ensuring a competitive market for the supply of terminal equipment;

The 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) fn as amended by Directive 98/61/CE fn, and in particular Articles 4(2),7,9 and 11, lays down principles on access to networks including collocation, and gives national regulatory authorities powers to exercise their responsibility in this regard.

Use of national and ONP procedures

APPLICATION OF SECTOR SPECIFIC RULES (ONP)

This is also dealt with under the ONP framework:

Article 6(c) of the ONP Interconnection Directive.

Open Network Provision (ONP) technical requirements;