BEREC views on ITRE proposals introducing a country of establishment principle under the Code

Document number: BoR (17) 202
Document date: 24.10.2017
Date of registration: 24.10.2017
Document type: Opinions
Author: BEREC

In this paper BEREC presents its views on ITRE proposals adopted on October the 2nd, in which ITRE proposes that general authorisations for ECS providers should be subject to a “country of establishment” regime.
The system proposed by ITRE raises concerns due to interpretation and ultimately implementation problems that it might trigger. In particular, BEREC is concerned that this approach, as it is currently proposed, could undermine NRAs’ ability to perform their statutory functions under the Code in the countries where the ECS are supplied, ultimately risking undermining the reliability of regulatory protection available to European end users.
Considering the unintended and important consequences that could result from the introduction of the COE principle, BEREC would suggest instead to seek to improve the coordination mechanisms foreseen under the Code and the BEREC Regulation, where BEREC could act as an information sharing portal, making available information on the notification procedures within each Member State as well as a list of undertakings operating within each Member State based on an integration of the registers maintained by each NRA.