The European Commission has proposed the adoption of a regulation for the reform of the electronic communication sector and the creation of a “single market” – COM (2013) 627 (read the text)
As noted in the explanatory memorandum, “[t]he general objective of the proposal is to move towards a single market for electronic communications in which:
– citizens and businesses can access electronic communications services wherever they are provided in the Union, without cross-border restrictions or unjustified additional costs;
– companies providing electronic communications networks and services can operate and provide them wherever they are established or their customers are situated in the EU“.
At stake is an “ambitious goal“, which comes, in Commission’s opinion, “after over a decade of Union legislative interventions to liberalise and integrate these markets“.
Nonetheless, the BEREC, in a statement published a week later (here), pointed out many critical points.
In BEREC’s view, “the proposals risk undermining legal certainty, in contrast to the Commission’s own stated objectives of creating a predictable regulatory environment, essential to the promotion of efficient investment and effective competition. Indeed, the proposals represent an aggregation of several unrelated measures, whereas the EU Framework is a complex regulatory ecosystem that should be approached as a coherent whole“.
“BEREC is also concerned that the proposals represent a substantial shift in the balance of power between the Commission, Member States and National Regulatory Authorities, centralising competences at the Community level. These proposals risk undermining the ability of national regulators, whether acting individually or collectively, to take appropriate and proportionate regulatory action in all the relevant markets“.
The debate is open.