Update 10 July 2018: The European Parliament's ITRE Committee today voted (with a large majority) to approve the provisional text of the European Electronic Communications Code, and of the BEREC Regulation, subject to adjustments, which were adopted by the COREPER I (Council representing Member States) on 29 June 2018. The documents are available hereafter:
The COREPER I press release is available here
Whilst some adjustments may have to be made, this represents the political understanding on these texts. The next steps in the process are for the jurists-linguists to translate the documents, and putting them to the vote in the European Parliament's plenary session, expected in Oct 2018, followed by publication in the Official Journal of the EU in Nov 2018.
The deadline for transposition into national law of the Member States is 2 years after publication for most articles (i.e. expected to be November 2020). The provisions placing a retail price-cap on intra-EU international calls and sms for consumers are included in the BEREC Regulation, itself amending the TSM Regulation, resulting in a transposition deadline of 15 May 2019 for these particular provisions.
For a discussion, please contact Yves Blondeel.
Update 12 October 2017: The COREPER I (Council representing Member States) agreed its version of the draft European Electronic Communications code on 11 October 2017 (by unanimous vote). A press release, and the full text, can be accessed here. Trialogue negotiations will now start (first meeting on 25 Oct 2017) involving the European Parliament (led by Rapporteur Pilar del Castillo), the Council (led by the Estonian Presidency until the end of 2017, and if needed the Bulgarian Presidency in the first half of 2018), and the European Commission as well. As stated in our previous update, the differences between the texts adopted by the institutions are considerable, meaning that trialogue negotiations will be arduous.
Update 3 October 2017: The European Parliament's ITRE Committee adopted its Report on the draft European Electronic Communications code in the evening of 2 October 2017 (ITRE is the lead committee; it incorporates the Reports of the CULT, LIBE and IMCO committees). In addition, the ITRE Committee also adopted its Report on the institutional set-up (BEREC Regulation). A press release was issued. The Reports themselves will appear here and here shortly (at the bottom of the pages). Separately, the Estonian Presidency (leading the Council for the second half of 2017) is aiming to advance/close negotiations between the Member States, with a view to securing a trialogue negotiation mandate by end-October 2017. These discussions are currently based on a draft text dated 22 September 2017. The differences between the EP ITRE Report as voted, and the Council text as it stands, are considerable, meaning that negotiations will be arduous once the institutions engage in trialogue.
On 14 September 2016, the European Commission published a package of proposed legislation, accompanying documents (including impact assessment), two Communications setting out proposed policy/regulatory direction, and related materials. These constitute the proposals for the review of the 2002/2009 EU regulatory framework for electronic communications (telecommunications). The proposed legislation is presented to the European Parliament and Council (Member States) which must agree a common position on the final text of the legislation for it to become EU law.
The process for reaching a common position and reaching a final vote in the European Parliament usually takes +/- 18 months, and can entail significant modifications to the initial proposals.
Categorised and descriptive links to each of the items (and indications of document length) are provided below.
Legislation Proposed by the European Commission
EC Proposal for a Directive establishing the European Electronic Communications Code (Recast) - 258 pages (codification and substantial amendments proposed to existing EU Directives).
Annexes 1-11 to the EC Proposal for a Directive establishing the European Electronic Communications Code (Recast) - 42 pages (codification and substantial amendments proposed to existing EU Directives).
EC Proposal for a Regulation establishing the Body of European Regulators for Electronic Communications - 62 pages (proposal to enhance BEREC's status and mandate under EU law).
EC Proposal for a Regulation amending Regulations (EU) No 1316/2013 and (EU) No 283/2014 as regards the promotion of Internet connectivity in local communities - 37 pages (proposals on free local public connectivity).
Impact Assessment of Proposed Legislation and REFIT assessment of 2002/2009 EU framework
Impact Assessment - Part 1 - 198 pages.
Impact Assessment - Part 2 - 108 pages.
Impact Assessment - Part 3 - 100 pages.
Communications and Accompanying EC Staff Working Documents
EC Communication: Connectivity for a Competitive Digital Single Market - Towards a European Gigabit Society - 17 pages (setting our policy/regulatory direction).
EC Staff Working Document accompanying the EC Communication - 55 pages (elaboration/justification).
EC Communication: 5G for Europe: An Action Plan - 11 pages.
EC Staff Working Document accompanying the 5G Action Plan: 5G Global Developments - 25 pages (elaboration/justification).
Press Releases, Fact Sheets and Q&A
For a discussion, please contact Yves Blondeel.