European 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. New amending Directives were published in the Official Journal of the European Union on 18 December 2009:

  • 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.

 

In 2012 the Regulation (EU) No. 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communication networks within the Union was assigned to the regulatory framework. On the basis of the Regulation No. 531/2012 the European Commission issued Commission Implementing Regulation ( EU) No. 1203/2012, on the separate sale of regulated retail roaming services within the Union by which it laid down detailed rules for the separate sale of regulated retail roaming services across the Union, including detailed rules of the technical solution for the implementation of the separate sale of services and detailed rules on the information obligations of domestic providers towards their roaming customers concerning the possibility to opt for roaming services provided by any alternative roaming provider.

With respect to the Regulation No. 531/2012 and the Commission Implementing Regulation No. 1203/2012 the Body of European Regulators for Electronic Communications (BEREC) issued the general guidelines on the technical elements necessary for the implementation of the separate sale of roaming services.

The regulations of the reviewed EU regulatory framework for electronic communications in the English and Czech language are available from the Czech Telecommunication Office (CTU) or can be found on the English or Czech websites of the Official Journal of the European Union and website of the European Commission.

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