EU Regulatory Framework
European Regulatory Framework for electronic communications represents a harmonised complex of rules to regulate electronic communication networks and services. It lays down the tasks and forces of the national regulatory authorities and European Commission with the goal to ensure harmonised implementation of the regulatory framework throughout the Communities. Regulatory framework that was transposed into the Czech legislation by Act No. 127/2005 Coll., on Electronic Communications and on Amendment to Certain Related Acts (the Electronic Communications Act) came into effect when they were published in the Official Journal of the European Union on 24 April 2002. Five following Directives of the European Parliament and the Council constitute basis of this regulatory framework:
- DIRECTIVE 2002/21/EC on a common regulatory framework for electronic communications networks and services (Framework Directive),
- DIRECTIVE 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive),
- DIRECTIVE 2002/20/EC on the authorisation of electronic communications networks and services (Authorisation Directive)
- DIRECTIVE 2002/22/EC on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)
- DIRECTIVE 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
It is the obligation of the European Commission to review the functioning of the Directives on a regular basis. The current review process was started by the Commission already towards the end of 2005. Conclusions concerning the functioning of the regulatory framework and ideas concerning the necessary changes were presented in the Communication from the Commission on the review of the EU regulatory framework for electronic communications networks and services, dated 29 June 2006. A public consultation process followed, once the Communication was published.
The European Commission started the legislative part of the review by publishing its proposals on 13 November 2007, including two amending Directives and one Regulation. The process was completed after more than two years, on 18 December 2009, when new amending Directives appeared in the Official Journal of the European Union:
- Directive 2009/140/EC, amending Directive 2002/21/EC on a common framework for electronic communications networks and services, Directive 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and Directive 2002/20/EC on the authorisation of electronic communications networks and services; and
- Directive 2009/136/EC, amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and Services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector, and Regulation (EC) No. 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws;
- and the new Regulation (EC) No. 1211/2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office.
This step marks the end of the entire process of reviewing the regulatory framework on the European level and the onset of the period of transposition and implementation of new regulations. The time within which the Directives must be transposed to the national legislations is eighteen months, ending 25 May 2011.
The regulations of the reviewed EU regulatory framework for electronic communications in the English and Czech language are available from the Czech Telecommunication Office (CTO) or can be found on the English or Czech web pages of the Official Journal of the European Union.