Report on the outcome of the BoR electronic voting procedure on the draft BEREC Opinion on Phase II Investigation pursuant to Article 7a of Directive 2002/21/EC on Case DE/2014/1605 Wholesale voice call termination on individual mobile networks (market 7) in Germany

On 20 May 2014, the Commission registered a notification from the German national regulatory authority, BNetzA, concerning the markets for wholesale voice call termination on individual mobile networks in Germany (corresponding to market 7 in the Commission’s Recommendation 2007/879/EC of 17 December 2007).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 and for a voting round in the period 23-24 July 2014. The current report contains information on the outcome of the voting round.

This documents is part of the internal decision making process of BEREC and is not available to the public.

As a result of the voting round the proposed BEREC Opinion was approved with the required majority and can be consulted here.