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Updated procedural recommendation for electronic communications markets

The Commission has adopted a revised version of the Commission Recommendation on the form, content, time-limits and level of detail to be given in notifications under the procedures set in Article 32 of Directive (EU) 2018/1972 of the European Parliament and of the Council establishing the European Electronic Communications Code.

The Recommendation will replace the Recommendation 2008/850/EC on notifications, time limits and consultations provided for in Article 7 of Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (“Framework Directive”).

National Regulatory Authorities are required to regularly review the markets that are subject to ex-ante regulation and to notify the Commission, BEREC and the NRAs in other Member States their draft measures prior to their adoption. The Recommendation is therefore an important regulatory tool, which provides national regulatory authorities with updated and clear guidance on the form, content, time limits and level of detail of the notifications under Article 32 of the Code (previously Article 7 of the Framework Directive).

The revised Recommendation reflects the new provisions introduced by the Code as well as the lessons-learned by both the Commission and the NRAs, since 2008, in implementing these procedures.

Background

The review of the Recommendation was supported by a workshop with BEREC and a targeted consultation in 2020.