On 13 March 1996, the Commission adopted a Directive amending Commission Directive 90/388/EEC regarding the implementation of full competition in telecommunications markets (Directive 96/19/EC; OJ 1996 L74/13). The Directive is based on Article 90(3) of the EC Treaty which gives the Commission power to adopt directives aiming to ensure the application of Article 90 EC Treaty which, in short, requires the Member States to abide by the rules of the Treaty, in particular in the field of competition.
Pursuant to Directive 90/388/EEC, which was adopted in June 1990, Member States were required to abolish all exclusive and special rights for the supply of telecommunications services other than voice telephony. As regards packet- or circuit-switched data services, transitional measures until the end of 1992 were provided for. Originally, the following services were explicitly excluded from the scope of Directive 90/388/EEC: radio and television broadcasting, telex, mobile radio
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