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"Directive 2002/22/EC" [2004] ELECD 69; in Buigues, A. Pierre; Rey, Patrick (eds), "The Economics of Antitrust and Regulation in Telecommunications" (Edward Elgar Publishing, 2004)

Book Title: The Economics of Antitrust and Regulation in Telecommunications

Editor(s): Buigues, A. Pierre; Rey, Patrick

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843765103

Section Title: Directive 2002/22/EC

Number of pages: 27

Extract:

24.4.2002 EN Official Journal of the European Communities L 108/51



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)


THE EUROPEAN PARLIAMENT AND THE service obligation it wishes to maintain. Such
COUNCIL OF THE EUROPEAN UNION, obligations will not be regarded as anti-competitive
per se, provided they are administered in a transparent,
non-discriminatory and competitively neutral manner
Having regard to the Treaty establishing the European and are not more burdensome than necessary for the
Community, and in particular Article 95 thereof, kind of universal service defined by the member.

Having regard to the proposal from the Commission (1),


Having regard to the opinion of the Economic and Social (4) Ensuring universal service (that is to say, the provision
Committee (2), of a defined minimum set of services to all end-users at
an affordable price) may involve the provision of some
services to some end-users at prices that depart from
Having regard to the opinion of the Committee of the those resulting from normal market conditions.
Regions (3), However, compensating undertakings designated to
provide such services in such circumstances need not
result in any distortion of competition, provided that
Acting in accordance with the procedure laid down in Article
designated undertakings are compensated for the
251 of the Treaty (4),
specific net cost involved and provided that the net cost
burden ...