Electronic communications: Framework Directive
Produced in partnership with David Stewart of Towerhouse LLP
Electronic communications: Framework Directive

The following TMT guidance note Produced in partnership with David Stewart of Towerhouse LLP provides comprehensive and up to date legal information covering:

  • Electronic communications: Framework Directive
  • Brexit
  • The Framework Directive

This Practice Note relates to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services as amended by Directive 2009/140/EC (the Framework Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications.

In the EU, the provision of electronic communications networks and services in each Member State is presently governed by a common regulatory framework comprising five directives (the Framework).

The objective of the Framework is to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. However, in December 2018 Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code consolidates four of the directives (including the Framework Directive) which make up the Framework, with the objective of driving investment in new high capacity networks, primarily 5G and new fibre networks. Member States have until 21 December 2020 to implement it into national law. Therefore, for practical purposes, the provisions of the Framework will continue to apply until the Code is implemented.

The Framework identifies specific policy objectives and measures that Member States must