Report on the outcome of the BEREC electronic voting procedure on final draft BEREC Opinion in the Art 7a Phase II case FI/2015/1718

On 27 February 2015, the Commission registered a notification from the Finnish NRA FICORA, concerning the market for wholesale voice call termination on individual mobile networks in Finland. On 10 March 2015, the Commission sent a request for information (RFI) to FICORA, and a response was received on 13 March 2015.

The Commission initiated a phase II investigation, pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC, with a serious doubts letter on 26 March 2015. In accordance with the BEREC rules of procedure the Expert Working Group (EWG) was established immediately after that date with the mandate to prepare an independent BEREC opinion on the justification of the Commission’s serious doubts on the case.On 2 April 2015, the EWG sent a list of questions to FICORA. Answers were received from FICORA on 7 April 2015.

The EWG met on 9 April 2015 in Prague. During this meeting the EWG also met with FICORA to gather further information and clarification on the on-going case and the responses to the questions previously sent. In addition, some further questions were also raised by the EWG. The objective of the EWG was to reach clear conclusions on whether or not the Commission’s serious doubts are justified. FICORA sent its answers to these additional questions on 14 April 2015.

The comments round was launched on 29 April and concluded on 4 May, 2015. All comments provided by 9 NRAs were taken into account as far as possible. The BEREC Chair launched the voting round on 6 May, setting as a deadline 7 May, 2015. During the voting round  the BEREC Opinion was approved.

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