Explanatory Memorandum to COM(2012)430 - EU Position for the review of the International Telecommunications Regulations - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)430 - EU Position for the review of the International Telecommunications Regulations. |
|---|---|
| source | COM(2012)430  |
| date | 02-08-2012 |
The International Telecommunications Union (ITU) is a specialised agency of the United Nations, the aim of which is to promote “international cooperation among peoples and economic and social development by means of efficient telecommunication services”. The 27 Member States of the European Union (EU) are voting members of the ITU and the European Commission is a non-voting sector member.
At the 2010 ITU Plenipotentiary, it was decided to hold a World Conference on International Telecommunications (WCIT) in Dubai from 3rd to 14th December 2012, with the aim to revise the International Telecommunications Regulations (ITRs). The ITRs define the general principles for the provision and operation of international telecommunications and are a global treaty signed by 178 countries.
While the ITRs address issues related to international (as opposed to domestic) telecommunications services, there are aspects of the ITRs that related directly to issues covered by the EU acquis, in particular the Framework for electronic communications. The EU therefore needs to ensure that any proposed changes to the ITRs that are agreed in Dubai do not conflict with applicable legislation in the EU or restrict the EU as to the future development of the EU acquis.
The Commission therefore recommends that the Council adopts the attached decision in order to allow the EU to negotiate the revision of the ITRs in Dubai. The legal basis for the proposed Council Decision is:
Article 218(9) TFEU in respect of the proposed agreement with third countries, and
Article 114 TFEU in respect of the related legal measures already adopted for electronic communications which may be affected by such an agreement with third countries.
2. Nature and scope of the discussions
As noted above, the ITRs provide for general principles for the provision and operation of international telecommunications. These include specific provisions related to:
Art. 3 International Network
Art. 4 International Telecommunication Services
Art. 5 Safety of Life and Priority of Telecommunications
Art. 6 Charging and Accounting
Art. 7 Suspension of Services
Art. 8 Dissemination of Information
Art. 9 Special Arrangements
Art. 10 Final Provisions
App. 1 General Provisions Concerning Accounting
App. 2 Additional Provisions Relating to Maritime Telecommunications
App.3 Service and Privilege Telecommunications
During the negotiations, amendments may be proposed that extend the scope of the current ITRs, either from a technological, legal or market perspective.
The ITU has created a Council Working Group to review the ITRs and parallel regional consultations are on-going. For the EU the relevant regional forum is the European Conference of Postal and Telecommunications Administrations (CEPT), which comprises 48 countries including all EU Member States. The European Commission participates in an advisory capacity in CEPT, with the right to speak but not to vote.
The final meeting of the Council Working Group prior to Dubai took place in Geneva from 20-22 June 2012. CEPT will continue to engage in preparatory meetings in September and November 2012.
3. Preparations of the EU position
EU Member States have been active participants in both the ITU Council Working Group and CEPT discussions on the ITRs. Several of the draft “European Common Positions” being considered for submission by CEPT to the WCIT for example, have been drafted by EU Member States. The European Commission has also been active in both fora, notwithstanding the limitations on its participation resulting from its current status.