General authorisation of electronic communications networks and services

(b) a general authorisation.

(2) A general authorisation enabling a representative to act in respect of all the patent transactions of the party making the authorisation may be filed.

Upon the referral to the General Meeting, the authorised person, in addition to the Authorisation, receives instructions for voting and relevant material.

Attached to the report regarding the progress of a General Meeting there must be a copy of its convocation, a copy of the authorisation and the application to the General Meeting, a copy of instructions for voting and a written explanation of the authorised person regarding any deviation from the attached instructions (including with the non- attendance at the General Meeting and in voting).

l. if a law, a regulation based on a law, or any other legally-prescribed regulation or general act issued to enact a public authorisation was not applied or was applied incorrectly in the procedure of issuing an administrative act;

(2) In compliance with a special act, public authorisation shall be granted through administrative decision, generally upon the selection of public-private partnership contractor, and exceptionally also during the course of the public-private partnership.

(2) Where public-private partnership contractors in the execution of public authorisations decide on the rights, obligations and legal benefits of individuals, they shall act pursuant to the General Administrative Procedure Act, unless individual procedural issues are otherwise provided in a special act.

In the case of activities referred to in the preceding paragraph, the concession instrument shall be adopted in the form of a Government decree, a decision by the representative body of the self-governing local community or a general instrument of another public partner issued on the basis of public authorisation provided by a special act.

Each state may, in a declaration deposited with the instrument of ratification or at any subsequent time, waive the requirement of information, notification or authorisation referred to in paragraph metricconverterProductID4, in4, in general, or for specific categories of territorial communities or authorities or for specific types of co-operation.

Any State shall, at the time of depositing its instrument of ratification, acceptance, approval or accession, specify which of its authorities is competent to issue the authorisations referred to in paragraph 2 of Article 10. It shall forthwith notify the Secretary General of the Council of Europe of any subsequent modification of the identity of such authorities.

(2) If the public partner has no special authorisation to regulate individual issues by law, regulation or general instrument (such as determining the method of financing for the public-private partnership, determining the prices of goods and services of the public-private partnership and so forth), such issues shall on the basis of a public tender be regulated in a public-private partnership contract.

In the event that the master of a vessel refuses to accept boarding and inspection in accordance with this Article and Article 21, the flag State shall, except in circumstances where, in accordance with generally accepted international regulations, procedures and practices relating to safety at sea, it is necessary to delay the boarding and inspection, direct the master of the vessel to submit immediately to boarding and inspection and, if the master does not comply with such direction, shall suspend the vessel` s authorisation to fish and order the vessel to return immediately to port.

Conditions which may be attached to a general authorisation

Minimum list of rights derived from the general authorisation

Information required under the general authorisation, for rights of use and for the specific obligations

Compliance with the conditions of the general authorisation or of rights of use and with specific obligations

Any applicable administrative charges should be in line with the principles of a general authorisation system.

The general authorisation should only contain conditions which are specific to the electronic communications sector.

The penalties for non-compliance with conditions under the general authorisation should be commensurate with the infringement.

Conditions attached to the general authorisation and to the rights of use for radio frequencies and for numbers, and specific obligations

Member States shall not duplicate the conditions of the general authorisation where they grant the right of use for radio frequencies or numbers.

When such undertakings provide electronic communications networks or services to the public the general authorisation shall also give them the right to:

It is not necessary to require systematic and regular proof of compliance with all conditions under the general authorisation or attached to rights of use.

Any administrative charges imposed on undertakings providing a service or a network under the general authorisation or to whom a right of use has been granted shall:

Without prejudice to information and reporting obligations under national legislation other than the general authorisation, national regulatory authorities may only require undertakings to provide information under the general authorisation, for rights of use or the specific obligations referred to in Article 6(2) that is proportionate and objectively justified for:

Technical and operational conditions necessary for the avoidance of harmful interference and for the limitation of exposure of the general public to electromagnetic fields, where such conditions are different from those included in the general authorisation.

In order to achieve transparency for undertakings, the criteria and procedures for imposing such specific obligations on individual undertakings shall be referred to in the general authorisation.

Such declarations should not by themselves constitute entitlements to rights nor should any rights under the general authorisation or rights of use or the exercise of such rights depend upon a declaration.

Directive 2002/20/EC entitles Member States to attach to the general authorisation, conditions regarding the security of public networks against unauthorised access in accordance with Directive 97/66/EC(11).

For this purpose the national regulatory authorities should provide declarations to undertakings either upon request or alternatively as an automatic response to a notification under the general authorisation.

National regulatory authorities may require undertakings providing electronic communications networks or services covered by the general authorisation or enjoying rights of use for radio frequencies or numbers to provide information necessary to verify compliance with the conditions of the general authorisation or of rights of use or with the specific obligations referred to in Article 6(2), in accordance with Article 11.

For non-reserved services which are outside the scope of the universal service, Member States can introduce general authorisation procedures to the extent necessary to guarantee compliance with essential requirements.

When granting rights of use for radio frequencies, numbers or rights to install facilities, the relevant authorities may inform the undertakings to whom they grant such rights of the relevant conditions in the general authorisation.

The general authorisation shall only contain conditions which are specific for that sector and are set out in Part A of the Annex and shall not duplicate conditions which are applicable to undertakings by virtue of other national legislation.

With a general authorisation system it will no longer be possible to attribute administrative costs and hence charges to individual undertakings except for the granting of rights to use numbers, radio frequencies and for rights to install facilities.

The general authorisation for the provision of electronic communications networks or services and the rights of use for radio frequencies and rights of use for numbers may be subject only to the conditions listed respectively in parts A, B and C of the Annex.

The provision of electronic communications networks or the provision of electronic communications services may, without prejudice to the specific obligations referred to in Article 6(2) or rights of use referred to in Article 5, only be subject to a general authorisation.

The conditions, which may be attached to the general authorisation and to the specific rights of use, should be limited to what is strictly necessary to ensure compliance with requirements and obligations under Community law and national law in accordance with Community law.

Those aims can be best achieved by general authorisation of all electronic communications networks and services without requiring any explicit decision or administrative act by the national regulatory authority and by limiting any procedural requirements to notification only.

The responsibility for compliance with the conditions attached to the right to use a radio frequency and the relevant conditions attached to the general authorisation should in any case lie with the undertaking to whom the right of use for the radio frequency has been granted.

Member States shall, where possible, in particular where the risk of harmful interference is negligible, not make the use of radio frequencies subject to the grant of individual rights of use but shall include the conditions for usage of such radio frequencies in the general authorisation.

Save in exceptional circumstances, it would not be proportionate to suspend or withdraw the right to provide electronic communications services or the right to use radio frequencies or numbers where an undertaking did not comply with one or more of the conditions under the general authorisation.

negotiate interconnection with and where applicable obtain access to or interconnection from other providers of publicly available communications networks and services covered by a general authorisation anywhere in the Community under the conditions of and in accordance with Directive 2002/19/EC (Access Directive);

Providers of electronic communications networks and services may need a confirmation of their rights under the general authorisation with respect to interconnection and rights of way, in particular to facilitate negotiations with other, regional or local, levels of government or with service providers in other Member States.

"general authorisation" means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive;

Specific obligations which may be imposed on providers of electronic communications networks and services in accordance with Community law by virtue of their significant market power as defined 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) should be imposed separately from the general rights and obligations under the general authorisation.

The general authorisation entitles undertakings providing electronic communications networks and services to the public to negotiate interconnection under the conditions of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communication networks and associated facilities (Access Directive).

However, in specific cases where the replacement of authorisations existing on the date of entry into force of this Directive by the general authorisation and the individual rights of use in accordance with this Directive would lead to an increase in the obligations for service providers operating under an existing authorisation or to a reduction of their rights, Member States may avail themselves of an additional nine months after the date of application of this Directive for alignment of such licences, unless this would have a negative effect on the rights and obligations of other undertakings.