Launch of a voting round of electronic voting procedure on a draft BEREC Opinion on Phase II Investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC: Case DE/2014/1605 Wholesale voice call termination on individual mobile networks (market 7) in Germany

Document number: BoR (14) 100

Document date: 23-07-2014

Date of registration: 28-07-2014

Document type:
Author: BEREC Chair

On 20 May 2014, the Commission registered a notification from the Bundesnetzagentur, (BNetzA), concerning the market for wholesale voice call termination on individual mobile networks in Germany. The Commission has examined the notification and has concluded that the notified draft measure would affect trade between Member States and falls within Article 7a of the Framework Directive. On 20 June 2014, pursuant to Article 7a(1) of the Framework Directive, the Commission has informed BNetzA and the Body of European Regulators for Electronic Communications (BEREC) of its reasons for considering that the draft measure would create a barrier to the internal market and its serious doubts as to its compatibility with EU law.

BEREC has set up an Article 7a Expert Working Group to examine the Commission reasoning and to prepare a draft BEREC Opinion, as required by the legislation in place and in particular by Article 3(1)(a) of the BEREC Regulation. The draft BEREC Opinion has been circulated for comments in the period 17-21 July 2014.

On the basis of the comments received the Expert Working Group has prepare a final draft opinion, which has been circulated by the BEREC Chair for approval by electronic voting procedure.

This documents is part of the internal decision making process of BEREC and is not available to the public. The final opinion to be adopted by BEREC will be made publicly available.