Regulatory Framework
The Regulatory Framework Working Group (RF WG) plays an indispensable and crucial role in the review of the regulatory framework for electronic communications. The WG focuses on a wide range of systematic sectoral reviews of electronic communications in Europe and provides technical contributions to the sectoral legislative reforms of the European Commission (EC) and the co-legislators.
Working Group Co-chairs
(Note: This video was recorded in 2022)
Work in 2024
In 2024, the RF WG will continue working on related topics, based on the Body of European Regulators for Electronic Communication (BEREC) Work Programme 2024.
Ad hoc input to the EU Institutions/NRAs
BEREC has to assist and advise the NRAs, the European Parliament, the Council and the EC, and cooperate with the NRAs and the EC, upon request or on its own initiative, on any technical matter regarding electronic communications within its competence. BEREC has already been providing a forum for NRAs’ discussion on any matter covered by the electronic communications regulatory framework and it has ensured its own input to the European Union (EU) institutions with reference to key sectoral legislative initiatives.
It is likely that any BEREC input in 2024 will focus on EECC-related implementation matters, independency issues of NRAs as well as on possible further legislative initiatives.
BEREC Opinion on the national implementation and functioning of the general authorisation regime
According to Article 122(3) of the EECC, BEREC shall, by 21 December 2021 and every three years thereafter, publish an Opinion on the national implementation and functioning of the general authorisation, and on their impact on the functioning of the internal market.
BEREC will collect information via a survey and, based on the results, it will draw conclusions on the national implementation and functioning of the general authorisation regime.
BEREC Report on national experiences of the implementation of the EECC (carry-over)
Regarding the review of the national implementation of the EECC that, pursuant to Article 122 of the EECC, the EC must carry out by 21 December 2025, and regarding the ongoing national transposition activities, BEREC must review the status of national implementation throughout the EU. It will start by assessing to what extent the new electronic communications framework is enabling the accomplishment of the EECC’s objectives, and whether (a reasoned selection of) the framework’s provisions are effective to that end.
Based on the workshops and the NRAs’ experiences, BEREC will compile a list of regulatory areas where the current framework functions well and will put forward topics where there could be further improvement.
BEREC Report on the authorisation and related framework for international connectivity infrastructures (carry-over)
BEREC will adopt a report on the current authorisation and related framework in place in the EU in relation to installing international connectivity infrastructures. The report may also identify possible solutions for streamlining procedures and reducing costs regarding licensing, authorisation and registration requirements applicable to submarine cable international connectivity and, in general, to promote investment in this sector and to strengthen the EU's geostrategic position in terms of international submarine connectivity.
For this purpose, this report should:
- Outline the applicability of the electronic communications framework to international submarine cables networks and services, and to their connection with terrestrial networks and services.
- Examine NRA powers regarding international submarine cable networks and their connection with terrestrial networks.
- Identify other licensing, authorisation and registration procedures applicable to international submarine cable networks in each Member State.
- Gather information on initiatives taken by Member States to increase international submarine cable connectivity and to strengthen its resilience and security.
Inventory of the evolution of NRAs’ competencies
Important pieces of EU legislation introducing some form of public intervention in the digital ecosystem have been passed in the recent years, and still more are under discussion. Hence, some NRAs will see their competences grow accordingly. It seems necessary to keep track of those evolutions, since this information could facilitate cooperation between NRAs. A better understanding the roles of different NRAs in the regulation of the digital ecosystem can indeed help strengthen cooperation and make intervention more efficient.
In 2024 BEREC plans to snap a picture of these new competences and keep track in the future of their attribution (especially to NRAs).
Why is this important?
It is fundamental that the European NRAs are integral part of the legislative process and make their voices heard to ensure that EU legislation is down to earth and effective for the benefit of all European citizens.