RD254 - ETNO RD on the ERG consultation documents "Effective Harmonization within the European Electronic Communications Sector” and “Harmonisation – The Proposed Approach”

• ETNO believes that the implementation of the EU Regulatory Framework should follow a consistent set of principles derived directly from the EU Directives. 
• No one-size-fits all approach should apply with regard to regulatory measures. 
• ETNO is very concerned with the development of “Principles of Implementation and Best Practice” (PIBs) for individual remedies.
• ETNO encourages ERG to develop PIBs for the imposition of remedies which take as best practice the minimal intervention adopted by an NRA within the EU. NRAs which wanted to impose remedies going beyond this practice would be obliged to specifically justify any additional remedies.

• ETNO believes that the implementation of the EU Regulatory Framework should follow a consistent set of principles across the Member States. These principles should be derived directly from the EU Directives on electronic communications networks and services. 
• No one-size-fits all approach should apply with regard to regulatory measures. NRAs have an EU legislative mandate to base the imposition of remedies on a market analysis and a proportionality assessment in each individual case. 
• ETNO is very concerned with the approach chosen by ERG in its development of so-called “Principles of Implementation and Best Practice” (PIBs) for individual remedies. It is in conflict with the principle of proportionality and would lead to a further increase of unwarranted regulatory intervention on national markets (s. ETNO’s comments on ERG (06) 69 and (06) 70).
• ETNO encourages ERG to develop PIBs for the imposition of remedies which take as best practice the minimal intervention adopted by an NRA within the EU to effectively remedy a specific market failure. NRAs which wanted to impose remedies going beyond this practice would be obliged to specifically justify any additional remedies.