The RSPG working group on the European Electronic Communications Code (RSPG EECC), charged with adjusting the RSPG to new challenges and responsibilities arising from that Code, met last 11 July in Brussels.
The group is co-chaired by France (Agence Nationale des Fréquences - ANFR), Hungary (National Media and Infocommunications Authority – NMHH) and Germany (Ministry of Transportation and Digital Infrastructure), though this meeting was only attended by the co-chairs from Hungary and Germany. It was set up in early 2019 to:
- identify new tasks deriving from the new European framework (Code) and which the RSPG should perform;
- propose necessary actions so they can be carried out (e.g. changes to the rules of procedure (RoP) and to the decision establishing the RSPG, identifying new items to include in the working group’s programme and making the Code’s envisaged peer review (PR) operational).
Representatives from the European Commission (EC) and delegates from 13 member-states1 took part in this meeting, where Portugal was represented by ANACOM.
Specifically, at this meeting:
- The RSPG report on making the peer review (PR) procedure operational, a task the new regulatory framework assigns to the RSPG, was nearly finished. The manner of making the PR operational will notably determine whether it is more or less easy to start the peer review process without the manifest consent of the member-state concerned. The proposal to make the PR operational is in tune with what lawmakers sought when approving the Code, with respect to the inherent exceptionality of a PR that is not voluntarily proposed by the member-state concerned. Indeed, the Code’s article 35(2) determines that an exceptional PR can be conducted, which, as the name indicates, must occur only on an exceptional basis;
- The first possibility of contributing to the proposed RoP of the RSPG that the EC will present at the group’s next plenary meeting was granted. That proposal is largely meant to make the PR operational.
- Subject to confirmation, the next in-person meeting of RSPG EECC is scheduled for 9 September 2019 in Brussels and will be the last before the October plenary meeting. At this meeting:
- The group should present the report on implementation of article 35 on PR for approval;
- The EC should submit a proposed RoP revision for approval, coordinated with this group’s proposals.
