Early call for input related to the market and technological developments and their impact on the application of rights of end-users in the EECC

12 March 2024

According to Article 123(1) of the Directive 2018/1972 establishing the European Electronic Communications Code (the EECC), BEREC shall publish by 21 December 2021, and every three years thereafter, or upon a reasoned request from at least two of its members, an opinion on the market and technological developments and the impact on the application of rights of end-users in the EECC (Title III of Part III). Taking utmost account of the BEREC opinion, the European Commission shall publish a report on the application of Title III of Part III (“End-user rights”) and shall submit a legislative proposal to amend that Title where it considers this to be necessary to ensure that the objectives set out in Article 3 (“General objectives”) continue to be met.

In that opinion, BEREC shall assess to what extent Title III of Part III meets the objectives set out in Article 3. The opinion shall in particular take into account the scope of Title III of Part III as regards the types of electronic communications services covered. As a basis for the opinion, BEREC shall in particular analyse:

  1. to what extent end-users of all electronic communications services are able to make free and informed choices, including on the basis of complete contractual information, and are able to switch easily their provider of electronic communications services;
  2. to what extent any lack of abilities referred to in point (a) has resulted in market distortions or end-user harm;
  3. to what extent effective access to emergency services is appreciably threatened, in particular due to an increased use of number-independent interpersonal communications services, by a lack of interoperability or technological developments;
  4. the likely cost of any potential readjustments of obligations in Title III of Part III or impact on innovation for providers of electronic communications services.

BEREC adopted its first Opinion in 2021, BoR (21) 177. The next opinion is expected to be adopted by December 2024.

In this context, given that BEREC does not plan to consult the public on this opinion and in line with BEREC's commitment to involve stakeholders and hear their views at an early stage whenever possible, please complete the questionnaire at the following link, by 12 April 2024, COB.