24.4.2002 Official Journal of the European Communities L 10821 DIRECTIVE 2002/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) THE EUROPEAN PARLIAMENT AND THE from objective, transparent, non-discriminatory and COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), proportionate rights, conditions and procedures. This Directive only applies to the granting of rights to use radio frequencies where such use involves the provision of an electronic communications network or service, normally for remuneration. The self-use of radio terminal equipment, based on the non-exclusive use of specific radio frequencies by a user and not related to an economic activity, such as use of a citizen's band by radio amateurs, does not consist of the provision of an electronic communications network or service and is therefore not covered by this Directive. Such use is covered by the Directive 1999/5/EC of the European Whereas: Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal ) ) equipment and the mutual recognition of their (1) The outcome of the public consultation on the 1999 conformity (4. review of the regulatory framework for -electronic communications, as reflected in the Commission communication of 26 April 2000, and the findings reported by the Commission in its communications on the fifth and sixth reports on the implementation of the telecommunications regulatory package, has confirmed the need for a more harmonised and less onerous market access regulation for electronic communications networks and services throughout the Community. Provisions regarding the free movement of conditional access systems and the free provision of protected services based on such systems are laid down in Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (°). The authorisation of such systems (2)  Convergence between different electronic and services therefore does not need to be covered by communications networks and services and their this Directive. technologies  requires the establishment of an authorisation system covering all comparable services in a similar way regardless of the technologies used. (7  The least onerous authorisation system possible should (3)  The objective of this Directive is to create a legal be used to allow  the provision Of electronic framework to ensure the freedom to provide electronic communications networks and services in order to communications networks and services, subject only to stlmulate. Fhe development of ~new electronic the conditions laid down in this Directive and to any communications services andl pan-European restrictions in conformity with Article 46(1) of the communications networks and services agd to allow Treaty, in particular measures regarding public policy, service Prowders and consumers  to benefit from the public security and public health. economies of scale of the single market. (4)  This Directive covers authorisation of all electronic communications networks and services whether they are provided to the public or not. This is important to ensure that both categories of providers may benefit () OJ C 365 E, 19.12.2000, p. 230 and OJ C 270 E, 25.9.2001, p. 182. () 0] C 123, 25.4.2001, p. 55. (®) Opinion of the European Parliament of 1 March 2001 (O] C 277, Those aims can be best achieved by general authorisation of all electronic communications networks and services without requiring any explicit decision or administrative act by the national regulatory authority and by limiting any procedural requirements to notification only. Where Member States require notification by providers of electronic communication networks or services when they start their activities, 1.10.2001, p. 116), Council Common Position of 17 September 2001 (O] C 337, 30.11.2001, p. 18) and Decision of the European Parliament of 12 December 2001 (not yet published in the Official Journal). Council Decision of 14 February 2002. %) OJ L 91, 7.4.1999, p. 10. () OJ L 320, 28.11.1998, p. 54.