Launch of a comments round of BEREC electronic voting procedure on a phase II investigation - Case DE/2014/1660

On 7 October 2014, the Commission registered a notification from the German National Regulatory Authority, BNetzA, concerning the market for call termination on individual public telephone networks provided at a fixed location in Germany under case number DE/2014/1660.

On 6 November 2014, pursuant to Article 7a of the Framework Directive (Directive 2002/21/EC), the Commission informed BNetzA and the BEREC of its reasons for considering that the draft measure would create a barrier to the internal market and communicated its serious doubts as to compatibility of the proposed measure with EU law.

In particular, the Commission expressed serious doubts as to the compatibility of the draft measures with the requirements of Article 8(4) and Article 13(2) of the Access Directive (Directive 2002/19/EC) in conjunction with Article 8 and Article 16(4) of the Framework Directive. The Commission also considered that the measures contained in the draft decision may create barriers to the internal market.

Consequently, as required by Article 3(1)(a) of the BEREC Regulation (Regulation (EC) № 1211/2009) and in relation with Article 7a of the Framework Directive, an Ad Hoc Expert Working Group (EWG) established by the BEREC Office examined all arguments and prepared a draft BEREC Opinion, which was submitted to the Board of Regulators for comments as part of the an urgent electronic voting procedure in the period from 8 to 10 December 2014.

The current document is part of the internal BEREC decision making procedure and therefore is not available to the public.