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

March 2002

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Regulations and Policies

Summary

The Universal Service Directive (2002/22/EC) is a significant piece of European legislation that aims to ensure that all citizens across the EU have access to essential telecommunications services at an affordable price. Here’s a summary of the key points:

  1. Objective and Scope:
    • The Directive establishes the framework for universal service obligations within the telecommunications sector, ensuring that a defined minimum set of services is available to all end-users, regardless of their geographical location.
  2. Universal Service Obligations:
    • Member States must ensure the availability of services such as fixed network connections, directory information, public payphones, and emergency call services.
    • Services should be provided at an affordable price, and Member States have the flexibility to define what constitutes an affordable price based on national conditions.
  3. Regulatory Framework:
    • The Directive mandates that universal service obligations can be assigned to different operators, either through direct designation or competitive selection.
    • It emphasizes that universal service obligations should not distort competition and must be financed in a competitively neutral way.
  4. Accessibility and Quality:
    • Special measures should be taken to ensure that services are accessible to disabled users and those with special social needs.
    • There should be quality standards for the services provided, and national regulatory authorities are responsible for monitoring and ensuring compliance with these standards.
  5. Cost and Financing:
    • If providing universal service involves a net cost that exceeds normal commercial standards, Member States can establish mechanisms to recover these costs.
    • Cost recovery mechanisms must be transparent, non-discriminatory, and proportional, and should minimize market distortion.
  6. Consumer Protection:
    • Consumers should be protected from immediate disconnection due to unpaid bills, particularly in cases of disputes over high bills for premium rate services.
    • Transparency in pricing, billing, and contractual terms is required to ensure that consumers can make informed choices and manage their expenditures effectively.