RD364 - ETNO Reflection Document - ETNO answer to EU-consultation on Non Discrimination

ETNO welcomes the consultation launched by the European Commission on non-discrimination.  This is a matter of great impact and importance to its members. ETNO hereby submits answers to the questions that are of joint concern to the association.

Executive Summary

• ETNO welcomes the consultation launched by the European Commission on non-discrimination.  This is a matter of great impact and importance to its members. ETNO hereby submits answers to the questions that are of joint concern to the association.
• ETNO is of the view that the non-discrimination obligation should be implemented in a proportionate manner, while taking due account of the specific national circumstances of each case.  Therefore, the obligations related to non-discrimination are in the very first place to be dealt with at national level. 
• Respecting the principle of proportionality is all the more important in an NGA-NGN context, where an overly strict implementation of the non-discrimination obligation would seriously hamper the traditional SMP operators as compared to their non-regulated platform competitors.
• In light of the above, ETNO believes that guidance from the EU Commission on the non-discrimination principle should be limited to what is really necessary to achieve a uniform interpretation of the non-discrimination obligation, and should refrain from artificially extending the scope or the application of this remedy.
• ETNO also considers that the respect of the non-discrimination obligation is most efficiently monitored by KPI.