Report on the outcome of the electronic voting procedure for the approval of the BEREC Opinion on Phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC: Case DE/2014/1660

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 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.

Following the closure of the comment round the Ad Hoc EWG examined all comments received and prepared a final draft, which was submitted to a voting round of the electronic voting procedure, which was held in the period from 12 to 15 December 2014 .

In accordance with the provision of Article 13 of the BoR RoP the approved BEREC Opinion was submitted to the Commission on the day of its adoption and afterwards was published on the BEREC web site under ref. No. BoR (14) 206.

This document is part of the internal BEREC decision making process and is not accessible to the public. However, all interested parties can access the BEREC Opinion via the link provided above.