Electronic Communications Code Directive 2018

The Electronic Communications Code Directive (Directive (EU) 2018/1972)[1] is a directive in EU law, which regulates electronic communications networks and services.

Background

The ECC was adopted in December 2018 and consolidated and reformed the existing regulation framework. By 2020 member states had to adapt their telecommunications regulations in accordance with the ECC.

The laws in the Code were previously found in the Telecoms Package and Universal Service Directive,[2] and then the Electronic Communications Directive 2009,[3] and Universal Service Directive 2009.[4]

Contents

The Electronic Communications Code Directive contains the following norms.

Part I, on regulators
Title I
  • Article 2 covers definitions
  • Article 3 covers general objectives, such as promoting connectivity, competition, the internal market, the interests of citizens.
Title II, on regulators
  • Articles 5 requires a "competent authority" is in charge of regulating communication markets, including access and interconnection obligations, dispute resolution, allocating the radio spectrum, protecting end-user rights, monitoring the market and "competition issues regarding open internet access", providing universal service, and enabling number portability.
  • Article 6 requires that member state regulators are independent.
  • Article 7 requires that regulator heads are appointed for at least three years, and dismissed only for failing to perform their duties by law, with public reasons.
  • Article 8 requires political independence.
  • Article 10 requires participation in the Body of European Regulators for Electronic Communications
  • Article 11 requires cooperation with other authorities.
  • Article 12 requires that use of electronic communication networks is authorised.
  • Article 13 requires that conditions are non-discriminatory, proportionate and transparent
  • Article 17 requires separate accounting and financial reports for the running of an electronic communication network from other activities.

Part II, on networks
Market entry, authorisation
  • Article 46, member states should set out conditions for use of a wireless telegraphy station or using apparatus, unless exempt.
Access for others to networks
  • Article 61-62, member states should encourage access and interconnection to promote competition and maximum benefit to end-users. Special duties for undertakings with significant market power.[6]
  • Articles 68-73 require various standards for setting conditions
  • Article 71 and 77-79 on accounting and functional separation.
  • Article 74 says a regulator can have obligations for cost recovery and price controls
Service provision
  • Article 84 says member states shall "ensure that all consumers in their territories have access at an affordable price, in light of specific national conditions, to an available adequate broadband internet access service and to voice communications services at the quality specified in their territories, including the underlying connection, at a fixed location."

Implementation

The European Commission decided on the 6 April 2022 to refer 10 Member States to the Court of Justice of the EU for their failure to fully transpose and communicate to the Commission, their States full compliance with EECC Directive under Article 260(3) of the Treaty and have requested the Court impose upon them, financial sanctions, for the failure.[7]

The 2013 modification of the Radio Spectrum Policy Programme was used as the basis of the section concerning the radio spectrum.[8]

See also

Notes
  1. Consolidated text: Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code
  2. 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)
  3. Consolidated text: Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services
  4. Consolidated text: Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 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
  5. Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)
  6. Formerly Access Directive:[5] arts 3-6 and Annex I.
  7. "EU Electronic Communications Code: Commission refers 10 Member States to the Court of Justice of the EU". European Commission - European Commission. Retrieved 2023-05-22.
  8. Massaro 2019, p. 179.
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