Message 002
Communication from the Commission - TRIS/(2021) 04788
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2021/0899/SI
No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.
(MSG: 202104788.EN)
1. MSG 002 IND 2021 0899 SI EN 24-12-2021 SI NOTIF
2. SI
3A. Slovenski inštitut za standardizacijo, Kontaktne točka, Ulica gledališča BTC 2, SI – 1000 Ljubljana
tel: +386 1 478 3065, el.pošta: contact@sist.si
3B. Ministrstvo za javno upravo, Tržaška cesta 21, SI-1000 Ljubljana, Marija Sever, tel. 01 400 35 68, el.pošta: marija.sever@gov.si
4. 2021/0899/SI - SERV
5. Electronic Communications Act (ZEKom-2)
6. Telecommunications, audio and video technology
7. -
8. At the end of December 2018, Directive (EU) 2018/1972 has been adopted, amending the existing regulatory framework of the European Union (EU) for electronic communications, with a transposition deadline of 21 December 2020. The field of electronic communications in the Republic of Slovenia is regulated by the Electronic Communications Act 2012 (Official Gazette of the Republic of Slovenia, nos. 109/12, 110/13, 40/14-ZIN-B, 54/14-odl. US, 81/15 and 40/17) and its subsequent amendments. Due to the complexity and scope of the changes brought about by the amended EU regulatory framework, we propose the adoption of a new systemic law on electronic communications rather than a possible legislative amendment. Simultaneously with the harmonization with the provisions of Directive (EU) 2018/1972, it is proposed to improve the existing regulation in the part concerning national provisions or where it is possible to provide a clearer and more appropriate way of transposing the provisions of EU regulations. At the same time, the chapter on network and service security and operation in situations of threat also ensures the implementation of (particularly strategic) measures from the so-called EU toolbox on 5G Cybersecurity (hereinafter referred to as EU Toolbox), which is the result of joint efforts and approach of EU Member States, representatives of the European Union Agency for Cybersecurity (ENISA) and the European Commission (EC), also supported by the Republic of Slovenia. The EU toolbox was also explicitly supported by the EC in its "Communication on Secure 5G deployment in the EU – Implementing the EU Toolbox". The importance and state of implementation (which is encouraged) of the so-called EU toolbox is also taken into account. Joint Communication "Cybersecurity Strategy of the European Union: An Open, Safe and Secure Cyberspace".
The proposed solutions aim at a more efficient use of radio spectrum, encouraging investment in high-capacity and high-quality networks, ensuring the security of networks and services, including due to the increased risks posed by 5G technology in providing these networks and services to entities providing critical services for the state and society, consumer protection and improved access to services, and protection of lives through access to emergency communications numbers. The universal service provides a transmission speed that allows the use of a wide range of services, such as e-administration, online banking and video calls.
9. The main objective of the draft Electronic Communications Act is to transpose Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (hereinafter: Directive (EU) 2018/1972) into national law and thus the solutions or regulations into national legislation such as those laid down by the implementation of the four EU directives, which are recast by Directive (EU) 2018/1972. At the same time, the draft act also aims to strengthen the security of public communications networks and services in particular, including due to the increased risks posed by 5G technology, especially in providing these to entities providing critical services for the state and society, which is also important for national security. This is also ensured through the implementation of (particularly strategic) measures from the EU toolbox on 5G Cybersecurity (EU Toolbox), which is the result of joint efforts and approach of EU Member States, representatives of the European Union Agency for Cybersecurity (ENISA) and the European Commission (EC), also supported by the Republic of Slovenia. The EU toolbox was also explicitly supported by the EC in its Communication on Secure 5G deployment in the EU, and the importance and state of implementation (which is encouraged) of the EU toolbox also takes into account the Joint Communication on Cybersecurity Strategy of the European Union.
In terms of content, in addition to the transposition of Directive (EU) 2018/1972, the purpose of the draft act is to promote the development of electronic communications networks and services in the Republic of Slovenia and thus economic and social development in the country, including the development of the information society, access to and use of very high capacity networks for all EU citizens and businesses, while strengthening security requirements for the provision of networks and services, which will also increase the use of relevant services due to increased user confidence, as well as to develop the EU's internal market and promote the legitimate interests of all its citizens. Therefore, the purpose of this act is to ensure effective competition in the electronic communications market, efficient use of radio frequency spectrum and numbering elements, universal service and protection of users' rights, including users with disabilities and users with special social needs, and the right to privacy of users of public communications services, as well as strengthened rules on ensuring the security of networks and services, including in the light of managing the risks posed by new technologies. The draft act is expected to improve the current legislation in the segment where national provisions are concerned or where a clearer and better way of transposition can be provided, where the application of individual provisions has shown in practice that this is necessary and possible.
10. References to basic texts: — Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17. 12. 2018, p. 36);
— 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 electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31. 7. 2002, p. 37), last amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (OJ L 337, 18. 12. 2009, p. 11);
— Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services (OJ L 249, 17. 9. 2002, p. 21);
— Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks (OJ L 155, 23. 5. 2014, p. 1);
— The EU toolbox on 5G cybersecurity of the Network and Information Systems Cooperation Group – NIS Cooperation Group (https://ec.europa.eu/digital-single-market/en/nis-cooperation-group);
— COM(2020) 50 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Secure 5G deployment in the EU – Implementing the EU toolbox (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52020DC0050&from=ES);
— JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL The EU's Cybersecurity Strategy for the Digital Decade, JOIN(2020) 18 final (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52020JC0018&qid=1615463149870&from=EN);
— Report of the NIS Cooperation Group on the coordinated risk assessment (https://digital-strategy.ec.europa.eu/en/news/eu-wide-coordinated-risk-assessment-5g-networks-security);
— Report of the NIS Cooperation Group on the progress of Member States in implementing measures from the toolbox (https://ec.europa.eu/digital-single-market/en/news/report-member-states-progress-implementing-eu-toolbox-5g-cybersecurity);
— The October 2020 call of the European Council on the Member States "to make full use of the 5G cybersecurity toolbox" and "to apply the relevant restrictions on high-risk suppliers for key assets defined as critical and sensitive in the EU coordinated risk assessments, based on common objective criteria” (EUCO 13/20, Special meeting of the European Council (1 and 2 October 2020) – Conclusions).
11. No
12. -
13. No
14. No
15. -
16. TBT aspect
No – the draft has no significant impact on international trade.
SPS aspect
No – the draft has no significant impact on international trade.
**********
European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu
