eCommunications: Community consultation procedures

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EU Consultation procedures

Telecoms regulation in the EU

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 such a market is found to lack effective competition, the NRA is required to impose regulatory obligations.

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). 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 the respective dominant undertakings in accordance with the provisions of universal service and market access.

Consultations at national and EU level after 25 May 2011

Among other measures to guarantee effective competition to the benefit of consumers, the procedures require NRAs to conduct national and EU consultation on regulatory measures they intend to take, as far as they affect trade between Member States, prior to their adoption. This consultation should comprise the definition and analysis of relevant markets and the proposed imposition or removal of regulatory remedies on providers of telecoms networks or services.

EU consultations, the so-called Article 7 procedures, are aimed at contributing to the development of a single market in telecoms by ensuring co-operation among NRAs, and between NRAs and the Commission. This ensures a consistent and transparent application of the Directives across the Member States.

The Commission has the opportunity to comment on the measures and, as far as market definition and/or the finding of SMP is concerned, to require their withdrawal where they are not compatible with EU law. As of 25 May 2011, in addition the Commission has the possibility to extend its investigation into the appropriateness of a draft measure and to issue a recommendation requiring an NRA to amend or withdraw such measure concerning proposed regulatory remedies.

New Single Market Consultation Procedure from 2011

The EU Telecoms reform, particularly its Better Regulation Directive and the Regulation establishing the Body of European Regulators for Electronic Communications (BEREC), introduced new elements to the current Article 7 consultation procedure. BEREC is closely involved in the cooperation of NRAs and the Commission in order to even better ensure consistent regulation across Europe and to strengthen the single telecoms market.

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.

A European Commission report released on 1 June 2010 (Communication on Article 7) shows that EU telecoms markets have become more competitive thanks to the Commission's guidance in the consultation and review process known as the "Article 7 procedure".

Status of market overview

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