Directives, recommendations and international agreements

Directives, regulations, recommendations, and guidelines of the European Commission related to electronic communications:

I. Directives

• Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast)
• Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union
• Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks:
• 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 (OJ L 337/11 of 18 December 2009, p. 11)
• 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 (OJ L 337, 18 December 2009, p. 37)
• Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services (OJ L 249, 17 September 2002, p. 21)
• Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201 of 31 July 2002, p. 37), last amended by 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 (OJ L 337/11 of 18 December 2009, p. 11)
• 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) (OJ L 108 of 24 April 2002, p. 7), last amended by  Directive 2009/140/EC of the European Parliament and of the Council of 108 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 (OJ L 337, 18 December 2009, p. 37)
• Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ L 108 of 24 April 2002, p. 21), last amended by  Directive 2009/140/EC of the European Parliament and of the Council of 108 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 (OJ L 337, 18 December 2009, p. 37)
• Directive 2002/220/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) (OJ L 108 of 24 April 2002, p. 33), last amended by  Directive 2009/140/EC of the European Parliament and of the Council of 108 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 (OJ L 337, 18 December 2009, p. 37)
• 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) (OJ L 108 of 24 July 2002, p. 51), last amended by 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 (OJ L 337/11 of 18 December 2009, p. 11)
• Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation, or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)

II. Regulations

• Regulation (EU) 2015/2120 of the European parliament and the council of 25 November 2015 on defining the measures related to access to the open internet, and amendments to the Directive 2002/22/EC on the universal service and the users’ rights related to electronic communications networks and services, and the Regulation (EU) No 531/2012 on roaming in public mobile communications networks in the EU (OJ L no. 310 of 26 November 2015)
• The European Commission Implementing regulation (EU) 2016/2286 of 15 December 2016 on defining the required rules for using the fair use policy and the methodology for assessing the permanence of eliminating retail surcharges for roaming, and regarding the application submitted by the roaming provider for the purpose of the above assessment
• Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004
• Regulation (EU) 2017/1128 of the European Parliament and of the Council of 6 June 2017 on cross-border portability of online content services in the internal market
• Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union

III. Recommendations and Guidelines

• Commission Notice on the calculation of the cost of capital for legacy infrastructure in the context of the Commission’s review of national notifications in the EU electronic communications sector (2019/C 375/01)
• Commission Recommendation of 9 October 2014 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (2014/710/EU)
• Commission Recommendation of 11 September 2013 on consistent non-discrimination obligations and costing methodologies to promote competition and enhance the broadband investment environment (2013/466/EU)
• Communication from the Commission — EU Guidelines for the application of State aid rules in relation to the rapid deployment of broadband networks
• Commission Recommendation of 12 December 2012 on the notification procedure provided for in Article 22(3) of Directive 2002/22/EC of the European Parliament and of the Council on universal service and users’ rights relating to electronic communications networks and services (2012/798/EU)
• Commission Recommendation of 20 September 2010 on regulated access to Next Generation Access Networks (NGA)  (2010/572/EU),
• Commission Recommendation of 17 December 2007 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (2007/879/EC)
• Commission Recommendation of 19 September 2005 on accounting separation and cost accounting systems under the regulatory framework for electronic communications (2005/698/EC)
• Commission guidelines on market analysis and the assessment of significant market power under the Community regulatory framework for electronic communications networks and services (2002/C 165/03)
• Guidelines of the Body of European Regulators of Electronic Communications (BEREC) in implementing new rules of internet neutrality (2016)

Directives and regulations in postal services:

I. Directives

• Directive 2008/6/EC of the European Parliament and the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services
• Directive 2002/39/EC of the European Parliament and of the Council of 10 June 2002 amending Directive 97/67/EC with regard to the further opening to competition of Community postal services
• Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service.

II. Regulations

• Regulation (EU) 2018/644 of the European Parliament and Council of 18 April 2018 on cross-border parcel delivery services
• Implementing regulation (EU) 2018/1263 of the European Commission of 20 September 2018 on preparing forms for submitting the information by parcel delivery service providers in accordance with Regulation (EU) 2018/644 of the European Parliament and Council

Directives related to the media:

• Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation, or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (codified version) (OJ L 95 of 15 April 2010)
• Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 202 of 30 July 1997, p. 60)
• Council Directive of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (89/552/EEC) (OJ L 298 of 17 October 1989, p. 23)

Directives in railway transport

• Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways (OJ L 237 of 24 August 1991, p. 25; hereinafter: Directives 91/440/EEC), last amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007 amending Council Directive 91/440/EEC on the development of the Community’s railways and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (OJ L 315 of 3 December 2007, p. 44)
• Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings (OJ L 143 of 27 June 1995, p. 70; hereinafter: Directive 95/18/EC), last amended by Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ L 164 of 30 April 2004, p. 44)
• Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ L 75 of 15 March 2001, p. 29; hereinafter: Directive 2001/14/EC), last amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007 amending Council Directive 91/440/EEC on the development of the Community’s railways and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (OJ L 315 of 3 December 2007, p. 44)
• Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ L 164 of 30 April 2004, p. 44; hereinafter Directive 2004/49/EC), last amended by Commission Directive 2009/149/EC of 27 November 2009 amending Directive 2004/49/EC of the European Parliament and of the Council as regards Common Safety Indicators and common methods to calculate accident costs (OJ L 313 of 28 November 2009, p. 65)
• Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community (OJ L 315 of 3 December 2007, p. 51; hereinafter: Directive 2007/59/EC)

Directives and other legal resources related to radio spectrum:

I. Directives

• Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ L 108 of 24 April 2002, p. 21), last amended by  Directive 2009/140/EC of the European Parliament and of the Council of 108 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 (OJ L 337, 18 December 2009, p. 37)
• Directive 2002/220/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) (OJ L 108 of 24 April 2002, p. 33), last amended by  Directive 2009/140/EC of the European Parliament and of the Council of 108 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 (OJ L 337, 18 December 2009, p. 37)
• Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services (OJ L 249, 17 September 2002, p. 21)
• Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (OJ L 91, 7 April 1999, p. 10-28)
• Council Directive 91/287/EEC of 3 June 1991 on the frequency band to be designated for the coordinated introduction of digital European cordless telecommunications (DECT) into the Community (OJ L 144, 8 June 1991, p. 45)
• Council Directive 87/372/EEC of 25 June 1987 on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (OJ L 196 17 July 1987) (OJ L 001 3 January 1994, p. 418), as amended by Directive 2009/114/EC of the European Parliament and of the Council of 16 September 2009 amending Council Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (OJ L 274 20 October 2009, p. 25-27)

II. Decisions

• Commission Implementing Decision of 5 November 2012 on the harmonisation of the frequency bands 1920 - 1980  MHz and 2110 - 2170  MHz for terrestrial systems capable of providing electronic communications services in the Union (2012/688/EU)
• Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy program
• Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)

International treaties

• NATO Joint Civil/Military Frequency Agreement (NJFA), 2002
• Regional Administrative LM/MF Broadcasting Conference (Regions 1 and 3), Geneva, 1975
  Regional agreement pertaining to the use of frequencies for broadcasting in hectometre waves in Regions 1 and 3, and in kilometre waves in Region 1, Geneva, 1975
• Regional agreement on using the 87.5–108 MHz band for FM sound broadcasting (Region 1 and part of Region 3), Geneva, 1984
• Final Acts of the RARC for the Planning of the MF Maritime Mobile and Aeronautical Radionavigation Services (Region 1) Geneva, 1985
• Final Acts of the Regional Radiocommunication Conference for planning of the digital terrestrial broadcasting service in parts of Regions 1 and 3, in the frequency bands 174-230 MHz and 470-862 MHz (RRC'06)
  Final Acts of the Regional Radiocommunication Conference for the revision of the Stockholm 1996 Agreement (RRC-06-Rev.ST61)
  Final Acts of the Regional Radiocommunication Conference for the revision of the Geneva 1989 Agreement (RRC-06-Rev.GE89), Geneva 2006
• ITU Rules on Radiocommunications, 2012 edition

Agreements between Administrations:

• Agreement between the administrations of Austria, Croatia, Hungary, Romania, Slovakia, Slovenia and Serbia on allocating preference frequency blocks in the frequency band 450.0–457.4 MHz / 460.0-467.4 MHz and 458.4-460.0 MHz / 468.4-470.0 MHz, Budapest, 28 May 2014 final version
• Technical agreement between national administrations for radio frequency spectrum management of Austria, Croatia Hungary, Romania, Slovakia, Slovenia, and Serbia on border coordination of broadband systems (UMTS, LTE and WiMAX) in the 1800 MHz band, Budapest, 28 May 2014,final version
• Technical agreement between national administrations for radio frequency spectrum management of Austria, Croatia Hungary, Romania, Slovakia, Slovenia, and Serbia on border coordination of broadband systems (UMTS, LTE and WiMAX) in the 900 MHz band, Budapest, 28 May 2014,final version
• Special agreement of the administrations of the European Conference of Postal and Telecommunications Administrations (CEPT) for using radio frequency bands 47-68 MHz, 87.5-108 MHz, 174-230 MHz, 230-240 MHz and 1452-1492 MHz for terrestrial digital audio broadcasting (T-DAB), Wiesbaden, 1995, Bonn, 1996,  Maastricht, 2002 and Constanta, 2007, final version, attachments
• Agreement between the administrations of Austria, Belgium, Czech Republic, Germany, France, Hungary, Netherlands, Croatia, Italy, Liechtenstein, Lithuania, Luxembourg, Poland, Romania, Slovakia, Slovenia, and Switzerland for the coordination of frequencies between 29.7 MHz and 43.5 MHz for fixed an land mobile service (HCM Agreement)
• Technical agreement between the administrations of Austria, Croatia, Czech Republic, Hungary, Italy, Poland, Slovakia and Slovenia for the coordination of frequencies and division of preference frequencies for fixed wireless systems in the frequency bands 27940.5–28444.5 MHz and 28948.5–29452.5 MHz of 21 July 2008, final version
• Agreement between the administrations for telecommunications of Austria, Croatia, Czech Republic, Germany, Hungary, Italy, Slovakia, Slovenia, and Switzerland for the division of preferred frequencies in the radio frequency bands 380-385 MHz and 390-395 MHz for fast response digital mobile systems, 1 July 2000, final version
• Agreement between the administrations for telecommunications of Croatia, Hungary, and Slovenia for the division of preferred frequencies in the radio frequency bands 380-385 MHz and 390-395 MHz for fast response digital mobile systems, 1 July 2000, final version
• Agreement between the administrations for telecommunications of Austria, Croatia, Czech Republic, Hungary, Slovakia, Slovenia, and Switzerland for the division of preferred radio frequency blocks in the radio frequency bands 890-914 MHz and 935-959 MHz, Vienna, 30 September 1994, final version
• Agreement between the administrations of Austria, Hungary, and Slovenia on the coordination of frequencies in the radio frequency bands 880-890 MHz and 925-935 MHz (E-GSM), Vienna, 05 February 2002, final version, attachment
• Agreement between the administrations of Austria, Czech Republic, Germany, Hungary, Slovakia, and Slovenia on the coordination of frequencies in the radio frequency bands 876–880 MHz / 921–925 MHz (R-GSM), Vienna, 26 February 2003, final version
• Agreement between the administrations for telecommunications of Austria, Croatia, Czech Republic, Hungary, Slovakia, and Slovenia for the division of preferred radio frequencies and the coordination of frequencies for systems operating in accordance with the DCS 1800 standards in the radio frequency bands 1710-1785 MHz and 1805-1880 MHz, Vienna, 30 September 1994, final version
• Agreement between the administrations of Austria, Croatia, Hungary, and Slovenia on data exchange on base stations for public mobile systems, GSM-900 and GSM-1800, Vienna, 5 February 2002, final version
• Agreement between the administrations of Austria, Czech Republic, Germany, Hungary, [Italy], Liechtenstein, Slovakia, Slovenia and Switzerland on allocating preference frequency blocks in the frequency band 450.0–457.4 MHz / 460.0-467.4 MHz and 458.4-460.0 MHz / 468.4-470.0 MHz, Vienna, 3 December 2004, final version, attachment
• Agreement between the administrations of Austria, Croatia, and Slovenia on approving the agreements between the operators of radio communication systems, Vienna, 5 February 2002, attachments
• Agreement between the administrations of Croatia, Hungary, and Slovenia on approving the agreements between the operators of radio communication systems, Vienna, 5 February 2002, attachments
• Technical agreement between the national administrations for the management of the radio frequency spectrum of Austria, Croatia, Hungary, Serbia, Slovakia and Slovenia on border coordination for terrestrial systems for providing electronic communications services in the 3400-3800 MHz band, Geneva, 24 November 2015 final version
• Agreement between the administrations of Austria, Croatia, Hungary, and Slovenia on the coordination of frequencies in the radio frequency bands 880-890 MHz and 925-935 MHz (E-GSM), 2007, final version
• Agreement between the administrations of Austria, Croatia, Hungary, and Slovenia on the coordination of frequencies in the radio frequency bands 876–880 MHz / 921–925 MHz (GSM-R), 2007, final version
• Agreement between the administrations of Italy and Slovenia on the coordination of frequencies in the radio frequency bands 876–880 MHz / 921–925 MHz (GSM-R), April 2018, final version
• Technical agreement between the national administrations for the management of the radio frequency spectrum of Austria, Croatia, Hungary, Romania, Slovakia and Slovenia on border coordination for terrestrial systems for providing electronic communications services in the 700 MHz band, Budapest, 15 February 2018 final version
• Technical agreement between the national administrations for the management of the radio frequency spectrum of Austria, Croatia, Hungary, Romania, Serbia, Slovakia and Slovenia on border coordination for terrestrial systems for providing electronic communications services in the 790–862 MHz band, Budapest, 15 February 2018 final version
• Technical agreement between the national administrations for the management of the radio frequency spectrum of Austria, Croatia, Hungary, Romania, Slovakia and Slovenia on border coordination for terrestrial systems for providing electronic communications services in the 1452-1492 MHz band, Budapest, 15 February 2018 final version
• Technical agreement between the national administrations for the management of the radio frequency spectrum of Austria, Croatia, Hungary, Romania, Serbia, Slovakia and Slovenia on border coordination for terrestrial systems for providing electronic communications services in the 1920–1980 MHz and 2110-2170 MHz bands, Budapest, 15 February 2018 final version
• Technical agreement between the national administrations for the management of the radio frequency spectrum of Austria, Croatia, Hungary, and Slovenia on border coordination for terrestrial systems for providing electronic communications services in the 2500-2690 MHz band, Budapest, 15 February 2018 final version
• Agreement between the administrations of Italy and Slovenia on frequency planning and frequency use in border areas for terrestrial systems for providing electronic communications services in the frequency bands 791.0–821.0 MHz / 832.0–8620 MHz, 880.2–960.2 MHz, 1427–1518 MHz, 1715.0–1785.0 MHz / 1810.0–1880.0 MHz, 1920.0–1980.0 MHz / 2110.0–2170.0 MHz, 2570.0–2600.0 MHz TDD, 2510.0–2570.0 MHz FDD / 2630.0 MHz–2690.0 MHz, and future bands for mobile connections, 694–790 MHz, 3400–3800 MHz, Rome, 3 October 2018, final version
• Bilateral technical agreement between the administrations of Croatia and Slovenia on the coordination of frequencies in the radio frequency bands 146 MHz and 174 MHz, December 2017, final version
• Bilateral technical agreement between the administrations of Croatia and Slovenia on the coordination of frequencies in the radio frequency bands 29.7-85.5 MHz and 410-470 MHz, 12 June 2018, final version