18.12.2009 Official Journal of the European Union L 33737 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 (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Economic and Social Committee (1), Having regard to the Opinion of the Committee of the Regions (2), Acting in accordance with the procedure laid down in Article 251 of the Treaty, in the light of the joint text approved by the Con- ciliation Committee on 13 November 2009 (3), Whereas: (1) The functioning of the five directives comprising the exist- ing EU regulatory framework for electronic communica- tions networks and services (Directive 2002/21/EC (Framework Directive) (4), Directive 2002/19/EC (Access Directive) (°), Directive 2002/20/EC (Authorisation Direc- tive) (%), 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) (7), and 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 elec- tronic communications sector (Directive on privacy and electronic communications) (8) (together referred to as ‘the Framework Directive and the Specific Directives) is subject to periodic review by the Commission, with a view in par- ticular to determining the need for modification in the light of technological and market developments. (1) O] C 224, 30.8.2008, p. 50. (2) 0] C 257, 9.10.2008, p. 51. (*) Opinion of the European Parliament of 24 September 2008 (not yet published in the Official Journal), Council Common Position of 16 Feb- ruary 2009 (O] C 103 E, 5.5.2009, p. 1), Position of the European Par- liament of 6 May 2009, Council Decision of 20 November 2009 and Legislative Resolution of the European Parliament of 24 Novem- ber 2009. ( OJL 108, 24.4.2002, p. 33. (%) OJ L 108, 24.4.2002, p. 7. () OJ L 108, 24.4.2002, p. 21. () OJ L 108, 24.4.2002, p. 51. (%) OJ L 201, 31.7.2002, p. 37. (2)  In that regard, the Commission presented its initial find- ings in its Communication of 29 June 2006 on the review of the EU regulatory framework for electronic communi- cations networks and services. On the basis of these initial findings, a public consultation was held, which identified the continued lack of an internal market for electronic communications as the most important aspect needing to be addressed. In particular, regulatory fragmentation and inconsistencies between the activities of the national regu- latory authorities were found to jeopardise not only the competitiveness of the sector, but also the substantial con- sumer benefits from cross-border competition. (3)  The EU regulatory framework for electronic communica- tions networks and services should therefore be reformed in order to complete the internal market for electronic communications by strengthening the Community mecha- nism for regulating operators with significant market power in the key markets. This is complemented by Regu- lation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (%). The reform also includes the definition of an efficient and coordinated spectrum man- agement strategy in order to achieve a single European information space and the reinforcement of provisions for users with disabilities in order to obtain an inclusive infor- mation society. (4)  Recognising that the Internet is essential for education and for the practical exercise of freedom of expression and access to information, any restriction imposed on the exer- cise of these fundamental rights should be in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms. Concerning these issues, the Commission should undertake a wide public consultation. (5)  The aim is progressively to reduce ex-ante sector specific rules as competition in the markets develops and, ulti- mately, for electronic communications to be governed by competition law only. Considering that the markets for electronic communications have shown strong competi- tive dynamics in recent years, it is essential that ex-ante regulatory obligations only be imposed where there is no effective and sustainable competition. (%) See page 1 of this Official Journal.