BEREC Report on a review of the cross-border regulatory cooperation process within the scope of Article 28(2) of the Universal Service Directive

Document number: BoR (16) 226
Document date: 30.11.2016
Date of registration: 12.12.2016
Document type: Reports
Author: BEREC

In March 2013, BEREC published the report BoR (13) 37 titled “Article 28(2) USD Universal Service Directive: A harmonised BEREC cooperation process - BEREC Guidance Paper”. That document outlined a BEREC process for cross-border regulatory cooperation in the intervention by the national regulatory authorities (NRAs) or other relevant national authorities in cases of fraud or misuse.

The harmonised BEREC cooperation process was developed to assist NRAs in the effective application of powers provided by Article 28(2) of the Universal Service Directive (USD), which requires European Union (EU) Member States to "ensure that the relevant national authorities are able to require undertakings providing public communications networks and/or publicly available electronic communications services to block, on a case-by-case basis, access to numbers or services where this is justified by reasons of fraud or misuse and to require that in such cases providers of electronic communications services withhold relevant interconnection or other services revenues". Having cognisance for this obligation in 2012, BEREC undertook to draft guidelines which would set out relevant procedures for collaboration between “relevant national authorities” on the issue of fraud or misuse.

Included in the above mentioned report was a commitment to monitor the process and to reviewing it as necessary.

The current document is for internal use and is not available to public.