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Community consultation procedures
Latest news
- 05.11.2009 : "Commission invites Dutch regulator to bring calculation
method for setting fixed termination rates in line with the EU approach"
Press release
Article 7 of the Framework Directive gives the European Commission the powers to oversee national regulatory measures through Community consultation. This review mechanism at EU level safeguards the internal market. The role of the Commission is decisive, to ensure consistent regulation and to bring more transparency into the regulatory process.
Under the regulatory framework, Member States’ national regulatory authorities (NRAs) are required to carry out analyses of a set of telecoms product and service markets which may need ex-ante regulation. If a market is found to lack effective competition, the NRA is required to impose regulatory obligations.
The Article 7 procedures are aimed at contributing to the development of a single market in telecoms by ensuring co-operation between NRAs, and between NRAs and the Commission. This ensures a consistent and transparent application of the Directives across the Member States. The starting point for NRAs’ market analysis is the Commission's Recommendation on relevant markets (see also the accompanying explanatory note) and the Guidelines on market analysis and assessment of significant market power (SMP).
Among other measures to guarantee effective competition to the benefit of consumers, the procedures require NRAs to conduct national and Community consultation on any regulatory measures they intend to take, prior to their adoption. This consultation should comprise the definition and analysis of relevant markets and the proposed imposition or removal of regulation on providers of telecoms networks or services.
The Commission then has the opportunity to comment on the draft measures, and to require their withdrawal where they are not compatible with EU law. The procedural rules are set out in the Commission's Recommendation on notifications, time-limits and consultations.
Relevant markets
It is up to the NRAs to define relevant markets according to national circumstances, particularly relevant geographic markets within their territory, in accordance with the principles of EU competition law. Where, as a result of its market analysis, an NRA concludes that a given market is not effectively competitive it must impose appropriate regulatory obligations on such undertakings in accordance with the provisions of universal service and market access.
Termination rates
To further facilitate regulatory consistency and the consolidation of the single telecoms market, the Commission Recommendation on termination rates sets out clear costing principles for national regulators to follow when determining the level of the wholesale fees which operators charge each other for connecting calls to subscribers on their networks. This promotes greater regulatory transparency and ensures that termination rates are set in all Member States according to what it costs an efficient operator (see also the accompanying explanatory note and staff working document on the implications of this Recommendation for supporting analysis).
Overview of notifications and decisions
This section provides an overview of all the notifications received, the Commission decisions taken as a result of the notifications, and the final measures adopted by NRAs. It also highlights important decisions and measures taken by the Commission under the Article 7 procedures.
The Commission's
Communication on Article 7 (12 July 2007) gives a further insight into the
experience gained from the market review process and outlines some major trends
and issues.
Overview of notifications (by case, country, market, status)
All registered notifications, Commission decisions and adopted measures country by country (excluding confidential information): Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Gibraltar, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom
Latest Commission Decisions
Summary of Commission
decisions for citizens and the press
National judicial decisions related to Article 7 notifications
Events related to Article 7 implementation
Reform of the regulatory framework
The current reform of the telecoms framework aims to focus regulation on markets where competition is not yet effective and which are crucial for Europe's competitiveness, such as broadband access. The Article 7 procedure is also proposed to be amended.