The European Regulators' Group (ERG) has today announced the publication in the Official Journal of the long-awaited admendment of Decision 2002/627/EC which had formed the ERG and set its terms of reference.
The new Decision 2004/641/EC clarifies the mandate of the group, as follows:
‘The Group shall advise and assist the Commission on any matter related to electronic communications networks and services within its competence, either at its own initiative or at the Commission’s request.’ (inserted in Article 3)
and stipulates (in Article 4) that there can only be one ERG member per EU Member State, being:
[...] the heads of the independent national regulatory authority established in each Member State with primary responsibility for overseeing the day-to-day operation of the market for electronic communications networks and services, or their representatives [...].
A list of ERG members, containing the National Regulatory Authorities which all market participants have known in the past, is appended to the Decision.
The implication is that Ministries, and regulatory authorities in charge of broadcasting in certain Member States, which had expressed the wish to be part of the ERG, are not entitled to participate in ERG meetings.