On 15 October, the European Commission (EC) adopted, a revised version of its Recommendation of 23 July 2003 on notifications, time limits and consultations provided for in Article 7 of the Framework Directive (Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services), aiming at further simplification and efficiency in the administrative process of notification in order to reduce the administrative burden that falls on national regulatory authorities (NRA) and the Commission itself.
Accordingly, to simplify and expedite the process of notifying the Commission, the NRAs will have to use standard formats for such notifications (Annexes I and II of the Recommendation). The NRAs are also invited to include in notifications made to the Commission, together with the market analysis, the remedies proposed to correct the deficiencies identified and, where applicable, the proposed lifting of obligations.
The Recommendation also provides for the use of a shortened notification form for certain categories of draft measures, including those in respect of: (i) the withdrawal of regulation imposed on markets not included in the Recommendation of 2007/879/EC; (ii) the maintenance of decisions on the existence of effective competition; and (iii) the inclusion of amendments or updates that do not change the nature or general scope of the remedies. In cases notified using this form, the Commission will not, in principle, make comments to the NRA, in accordance with paragraph 3 of Article 7 of Directive 2002/21/EC.
The Commission will monitor the practical consequences of this shortened notification procedure in order to adjust it or to extend it to other categories of draft measures that should be reported using these forms.
Commission Recommendation on notifications, time limits and consultations provided for in Article 7 of Directive 2002/21/EC (Framework Directive)http://ec.europa.eu/information_society/policy/ecomm/doc/library/recomm_guidelines/article7/art7en.pdf
FAQS - Telecoms: ''Article 7'' procedure and the role of the Commissionhttp://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/08/620&format=HTML&aged=0&language=EN&guiLanguage=en
European Union press release: Telecoms: Commission streamlines notification procedure for national regulatorshttp://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1502&format=HTML&aged=0&language=EN&guiLanguage=en
Further information:
Website of the European Commission on the Information Societyhttp://ec.europa.eu/information_society/policy/ecomm/implementation_enforcement/article_7/index_en.htm
