Framework

In November 2005, a process was initiated to review the five community directives of the European Parliament and of the Council, the Spectrum Decision and the Recommendation on relevant markets, which comprise the 2002 regulatory framework for electronic communications. The European Commission (EC) then made a call to all stakeholders for contributions. ANACOM was one of the national regulatory authorities (NRAs) subscribing to   the position submitted by the IRG/ERG (Independent Regulators Group / European Regulators Group) in response to this call.

In February 2006, the EC published a Communication on the analysis of electronic communications markets, concluding that the established process of market analysis and consultation have contributed to more consistent regulation of markets, based on economic criteria and limited to non-competitive markets, thereby enabling the creation of an internal market for electronic communications.

Also in February 2006, the EC published the 11th Implementation Report, which made an assessment of the situation of electronic communications markets and the implementation of the regulatory framework in the 25 Member States.

On 29 June 2006, the EC published a Communication on the Review of the regulatory framework, placed under public consultation until 27 October 2006, with a view to submitting formal proposals to amend the Directives at the end of 2006. On the same date, a draft Recommendation was published on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation, also subject to public consultation over the same period.

The set of proposals to reform the regulatory framework for electronic communications was adopted by the EC on 13 November 2007, in order to strengthen competition and reduce prices in the European market. This package included two Directives, a Regulation, two Communications, a Recommendation and respective explanatory document, as well as an impact report and respective executive summary. The Recommendation refers to the relevant markets that should be subject to specific regulation, whereby the Commission considers that, in principle, it will be sufficient for the national regulatory authorities (NRAs) to take action with respect to seven (one retail and six wholesale) of the eighteen markets currently subject to ex ante regulation.

The European Regulators Group (ERG) set out its position with respect to most of the proposals presented by the EC, expressed in a letter sent to European Commissioner for Information Society and Media and also reflected in a press release.

The proposed review of the regulatory framework for electronic communications, still underway during the Portuguese presidency, was the subject of initial discussions at the Council of Ministers - TTE Council (Telecommunications and the Information Society) of 29 November 2007.

Recommendation 2007/879/EC of 17 December of the European Commission (EC), on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services), was published on 28 December 2007 (replacing Commission Recommendation 2003/311/EC of 11 February).

In line with the co-decision procedure, the European Economic and Social Committee adopted an opinion on 29 May 2008 and the Committee of the Regions adopted an opinion on 19 June 2008.

On 24 September 2008, the European Parliament (EP) approved the report at first reading. Based on this report and in light of the discussions of the Working Group of the TTE Council, on 6 November 2008, the EC presented an amended proposal for the review of the regulatory framework, under Article 250 of the EU Treaty.

During the French Presidency, a unanimous political agreement (with 3 abstentions from the UK, the Netherlands and Sweden) was reached within the Council of Ministers of 27 November 2008, whereby the corresponding Common Position was adopted on 16 February 2009.

Subsequently, the Czech Presidency initiated trialogues with the EP and EC, enabling a preliminary agreement to be reached between the three institutions. A vote was taken on the text of this agreement in the EP plenary on 6 May and it was adopted almost in its entirety.

However, the EP broke the undertaking it made to the Council, finally adopting - the previously assigned - amendment 138, with respect to the draft “Better Regulation Directive”, which sets out to avoid restricting the rights and freedoms of end-users in their access to the Internet without prior judicial authorisation.

On 26 June 2009, the EP formally submitted its amendments, from a second reading, to the Council, which had decided on its part on 9 October 2009 not to accept the amendments in the Framework Directive, due to the inclusion by the EP of amendment 138, and referring the draft 'Better Regulation Directive' to conciliation.

With informal trialogues begun between the 3 institutions in an attempt to overcome differences over amendment 138 and to prepare a possible agreement in the Conciliation Committee, which was due to meet formally on 04 November, a position was finally formulated in the early morning of 05 November 2009.

Subsequently, the Council and Parliament formally approved the text, on 20 and 24 November 2009, respectively.

On 18 December 2009, the following were published:

• the Better Regulation Directive amending the previous Framework, Authorisation and Access Directives;
• the BEREC Regulation establishing the Body of European Regulators for Electronic Communications and the Office;
• the Citizen's Rights Directive amending the Universal Service and Privacy Directives

Consult:

European Commission presentation - Telecom Reform (PDF 173 Kb) http://www.anacom.pt/streaming/Apres_CE.pdf?contentId=535610&field=ATTACHED_FILE

Further information:

Resposta IRG/ERG http://www.anacom.pt/disclaimer_links.jsp?contentId=382466&fileId=381349&channel=graphic&backContentId=382466

Reforming the current telecom rule http://www.anacom.pt/disclaimer_links.jsp?contentId=382466&fileId=375602&channel=graphic&backContentId=382466

ERG ready for extended role http://www.anacom.pt/disclaimer_links.jsp?contentId=382466&fileId=535600&channel=graphic&backContentId=382466