{
  "url": "https://openlegislation.uk/eu-decision-1997-838/annex/appendix",
  "json_url": "https://openlegislation.uk/eu-decision-1997-838/annex/appendix.json",
  "legislation": "eudn/1997/838",
  "legislation_title": "Council Decision of 28 November 1997 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the results of the WTO negotiations on basic telecommunications services (97/838/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-1997-838",
  "path": "annex/appendix",
  "kind": "appendix",
  "number": null,
  "heading": "THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES — SCHEDULE OF SPECIFIC COMMITMENTS",
  "text": "Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.\nLuxembourg has requested a delayed date for the liberalisation of telecommunications until 1 January 2000. The EC decision on this request is still pending.\nApplications for further licences to be received as from 1 August 1998.\nFootnote for clarification purposes: Some EC Member States maintain public participation in certain telecommunication operators. EC Member States reserve their rights to maintain such public participation in the future. This is not a market access limitation. In Belgium, government participation and voting rights in Belgacom are freely determined under legislative powers as is presently the case under the law of 21 March 1991 on the reform of government-owned economic enterprises.\nModes of supply:1. Cross-border supply2. Consumption abroad3. Commercial presence4. Presence of natural persons\nSector or subsector\nLimitations on market access\nLimitations on national treatment\nAdditional commitments\n2.C Telecommunications services\nTelecommunications services are the transport of electromagnetic signals — sound, data image and any combinations thereof, excluding broadcasting. Therefore, commitments in this schedule do not cover the economic activity consisting of content provision which require telecommunications services for its transport. The provision of that content, transported via a telecommunications service, is subject to the specific commitments undertaken by the European Communities and their Member States in other relevant sectors.\nAll sub-sectors\nThe European Communities and their Member States undertake additional commitments as contained in the attachment, all parts of which are equally binding.\nFIN: The general horizontal requirements for legal entities in GATS/SC/33 shall not apply to the telecommunications sector except as:\nhalf of the founders, half of the members of the board of directors and the managing director must have permanent residence in the European Economic Area. If the founder is a legal person, it must have residence in the EEA.\nFIN: The general horizontal requirements for legal entities in GATS/SC/33 shall not apply to the telecommunications sector. Requirements concerning the Åland islands shall continue to apply.\nB: Licensing conditions may address the need to guarantee universal service, including through financing, in a transparent, non-discriminatory and competitively neutral manner and will not be more burdensome than necessary.\n1. None except for:\nP: basic services can be supplied only by companies established in Portugal.\nGR: access through SA and the company must be exclusively engaged in the supply of telecommunication services.\n1. None\n2. None\n2. None\n3. None except for:\n3. None\nGR: access through SA and the company must be exclusively engaged in the supply of telecommunication services.\nP: The direct or indirect participation of natural persons, who are non-nationals of EC Member States or non-EC companies or firms in the capital of companies supplying basic telecommunications services cannot exceed 25 %.\nP: The Government of Portugal has the intention of presenting to the Parliament draft legislation aiming at removing partially the present limitations on foreign equity participation in the capital of companies supplying basic telecommunication services no later than in 1998. In case of approval, the new legislation will be bound no later than in 1999.\nF: Indirect: none. Non-EC natural or juridical persons may not hold directly more than 20 % of the shares or voting rights of companies authorised to establish and operate radio-based infrastructure for the provision of telecommunications services to the general public. For the application of this provision, companies or firms legally established according to the laws of a Member State of the EC are considered EC juridical persons.\n4. Unbound except as indicated in the horizontal section.\n4. Unbound except as indicated in the horizontal section.\nDomestic and international\nDomestic and international services provided using any network technology, on a facilities based or resale basis, for public and non-public use, in the following market segments (these correspond to the following CPC numbers: 7521, 7522, 7523, 7524**, 7525, 7526 and 7529**, broadcasting is excluded):\na.. Voice telephone services\nb.. Packet switched data transmission services\nc.. Circuit-switched data transmissions services\nd.. Telex services\ne.. Telegraph services\nf.. Facsimile services\ng.. Leased circuit services\n1. None except for:\nE: none, except that the liberalisation calendar will be as follows: one additional nation-wide licence in January 1998; full liberalisation as from 30 November 1998.\nIRL: None except for public voice telephony and facilities-based service where none as of 1 January 2000.\nP: None, except for public voice telephony, telex and telegraph where none as from 1 January 2000, and facilities-based services where none as from 1 July 1999.\nGR: None except for public-voice telephony and facilities-based services where none as of 1 January 2003.\n1. None\n2. None\n2. None\n3. None except for:\nE: none, except that the liberalisation calendar will be as follows: one additional nation wide licence in January 1998; full liberalisation as from 30 November 1998.\nIRL: None except for public voice telephony and facilities-based services where none as of 1 January 2000.\nP: None, except for public voice telephony, telex and telegraph where none as from 1 January 2000 and facilities-based services where none as from 1 July 1999.\nGR: None except for public voice telephony and facilities-based services where none as of 1 January 2003.\n3. None\n4. Unbound except as indicated in the horizontal section.\n4. Unbound except as indicated in the horizontal section.\no. Other services:\nMobile and personal communications services and systems\n1. None except for:\nIRL, P: international interconnection of mobile networks with other mobile or fixed networks where none as of 1 January 1999.\n1. None\n2. None\n2. None\n3. None except for:\nIRL, P: international interconnection of mobile networks with other mobile or fixed networks where none as of 1 January 1999.\n3. None\n4. Unbound except as indicated in the horizontal section.\n4. Unbound except as indicated in the horizontal section.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Footnote for clarification purposes: Some EC Member States maintain public participation in certain telecommunication operators. EC Member States reserve their rights to maintain such public participation in the future. This is not a market access limitation. In Belgium, government participation and voting rights in Belgacom are freely determined under legislative powers as is presently the case under the law of 21 March 1991 on the reform of government-owned economic enterprises."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Luxembourg has requested a delayed date for the liberalisation of telecommunications until 1 January 2000. The EC decision on this request is still pending."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Applications for further licences to be received as from 1 August 1998."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/1997/838/annex/appendix",
    "retrieved_at": "2026-11-01T15:19:07.020455+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}