RD233 - ETNO Reflection Document on the revised draft ERG Common Position on the approach to appropriate remedies in the ECNS regulatory framework
The revisions to the CP as proposed by ERG in the present consultation will in ETNO’s view not contribute to a more focussed, proportionate and consistent regulatory approach to remedies under the NRF. Whatever the final outcome of the current ERG consultation, ETNO calls on the European Commission, national policy makers and individual NRAs to continue to actively address the issue of the application of proportionate remedies under the NRF.
The revisions to the CP as proposed by ERG in the present consultation will in ETNO’s view not contribute to a more focussed, proportionate and consistent regulatory approach to remedies under the NRF. Whatever the final outcome of the current ERG consultation, ETNO calls on the European Commission, national policy makers and individual NRAs to continue to actively address the issue of the application of proportionate remedies under the NRF.
The ERG policy recommendations in the field of remedies have so far proven inadequate to ensure a proportionate level of regulation for the fast-moving EU electronic communications sector undergoing a process of convergence with neighbouring industries. The impact of the ERG remedies common position on NRA work moreover varies widely within the EU.
The revisions to the CP as proposed by ERG in the present consultation will in ETNO’s view not contribute to a more focussed, proportionate and consistent regulatory approach to remedies under the NRF.
Whatever the final outcome of the current ERG consultation, ETNO calls on the European Commission, national policy makers and individual NRAs to continue to actively address the issue of the application of proportionate remedies under the NRF both in principle and practice, bearing in mind the general objective to achieve better regulation in the EU.
It remains crucial for a successful implementation of the current regulatory framework that the proportionality of remedies under the NRF is assessed on a case-by-case basis based on national market conditions, subject to Commission comments under Art. 7 (3) Framework Directive and subject to effective judicial review.