Scope and structure: BEREC Guidelines on Transparency in the scope of Net Neutrality

The Body of European Regulators for Electronic Communications (BEREC) approved the transparency guidelines for publication:

BEREC Guidelines on Transparency in the scope of Net Neutrality: Best practices and recommended approaches BoR (11) 67 (December 2011; 69 pages)


Executive summary

The Executive summary on pages 3 to 5 offers a short introduction to the thinking of the Board of Regulators (BoR).

The guidelines stress net neutrality as a key pre-condition to the end users’ ability to choose the quality of the service that best fits their needs, but transparency alone is probably insufficient to achieve net neutrality.

At this stage, the guidelines seem to promise a discussion about various approaches to a number of issues, without clear-cut rules to apply.


Scope

The guidelines discuss transparency from three angles (pages 6-7):

- the types of information that different groups of end users (consumers, business customers at a retail level - see section 1 for a more precise description of the beneficiaries) and institutions need in order to promote the ability to make informed choices regarding the quality of the Internet access services;

- the best means of conveying this information to end users;

- possible ways for end users to monitor the features of their services, and for NRAs to verify operators’ information, and the related requirements.

Related, but separate issues under investigation are (page 7):

Other BEREC projects are closely linked to this work, namely projects on “Competition issues related to Net Neutrality” and “Net Neutrality and Quality of Service”.

Structure

The presentation of the structure of the paper offers an overview to prospective readers (page 7):

Chapter I focuses on the role of transparency with regard to net neutrality, explaining why it is important, but is not sufficient on its own to address the “net freedoms” objective (nor other concerns expressed in the net neutrality debate). In addition, we give an overview of the legal context and touch on the situation within EU Member States.

Chapter II deals with requirements for a net neutrality transparency policy and states, as a general principle, that the end users’ perspective is paramount. We discuss how to best adapt a transparency policy to net neutrality-related issues, in particular by taking into account different types of end users and usages.

Chapter III talks about the contents of a net neutrality transparency policy, including the most appropriate data to be used, and provides practical examples and case studies.

Chapter IV explores different ways to ensure transparency, talking about the way information is transmitted and discusses mechanisms for monitoring transparency.

Chapter V details the possible roles of the various institutions involved, in particular through case studies, and draws some general conclusions of the report.

Regulatory context

On the pages 10-13 the guidelines present the main EU provisions relating to transparency in the revised eCommunications framework and the role of different players (MS = Member State, NRA = National Regulatory Authority, ISP = Internet Service Provider):

The new EU Regulatory Framework for Electronic Communications was required to be transposed by Member States by 25 May 2011. It brought important changes to the 2002 Regulatory Framework and also tackled the question of net neutrality by imposing on MS, NRAs and ISPs several obligations related to traffic management techniques.

Ralf Grahn

Electronic communications in EU: BEREC blog posts

The previous blog post What is the EU doing for growth and jobs? painted a background picture of main reform programmes in the European Union.

In this context the Digital Agenda and the Digital Single Market are among the catchwords for growth-enhancing and life-enriching reforms in the EU.

If we go beyond the EU institutions in the important area of electronic communications, we find BEREC as a link between political declarations and market realities.


BEREC blog posts

In a number of blog posts we have discussed the Body of European Regulators for Electronic Communications (BEREC), established by EU regulation 1211/2009 and with its office recently inaugurated in Riga (Latvia). These background posts are in English (EN), Finnish (FI) and Swedish (SV).

Grahnblawg (SV): Berec om nätneutralitet och öppenhet

Eurooppaoikeus (FI): Euroopan sähköisen viestinnän sääntelyviranomaisten yhteistyöelin (BEREC)

Grahnlaw (EN): Body of European Regulators for Electronic Communications (BEREC)

Grahnlaw (EN): EU electronic communications: BEREC medium term strategy consultation

Grahnlaw (EN): EU electronic communications: BEREC Work Programme 2012

Grahnlaw (EN): BEREC draft Work Programme 2012 consultation procedure

Grahnlaw (EN): Report on the consultation of the BEREC draft Work Programme 2012

Grahnblawg (SV): Elektronisk kommunikation i EU: Bakgrund till Berec 2012

Eurooppaoikeus (FI): Sähköisen viestinnän sääntely EU:ssa: taustalla BEREC

***

Our next step takes us from the BEREC background to the substance of the Work Programme 2012.



Ralf Grahn

Report on the consultation of the BEREC draft Work Programme 2012

BEREC, the Body of European Regulators for Electronic Communications, is an important cog in the machinery to deliver on the Digital Agenda for Europe. BEREC enhances cooperation among national regulatory authorities (NRAs) and strengthens the internal market in electronic communications networks.

In the previous blog post I looked at some procedural aspects (transparency) and the scope of ”interested parties”. Here I turn to the contents of the report with the Work Programme 2012 consultation summary.

Following the WP 2012 public consultation from 6 October to 4 November 2011, including an oral hearing 21 October, BEREC published a report. The fifteen stakeholder contributions are available in full on the BEREC page for public consultations.

The consultation summary title more exactly:

BEREC report on the consultation of the BEREC draft Work Programme 2012 BoR (11) 61 (9 December 2011; 15 pages)


WP consultation report

The report advances through the draft WP, mentioning both the comments made by the interested parties and the proposed reactions prepared for the Board of Regulators (BoR).

Thus, the contributions offer an overview of issues seen as critical, at least by some. They also indicate (group) interests of individual contributors regarding electronic communications in Europe.

In addition to themes covered by the draft WP, contributors proposed additional issues to address in the course of BEREC work.


WP 2012 adapted

Here are a few issues where BEREC indicated a clear will to adapt the text of the final Work Programme 2012 (although naturally feedback can influence future actions without textual adjustments). I quote the theme and the BEREC comment.

Universal Service Provisions: The remarks made by PhoneAbility, Telecom Italia and SFR where taken into account and the theme of calculation of net costs has been added to the Work Programme.

Recommendation on termination rates: As a result BEREC added the evaluation of SMS termination to the Work Programme.

Benchmarks: BEREC added the evaluation to include further benchmark exercises in the future to the Work Programme.

Access to special rate services: BEREC takes note of the comments. The concrete suggestions such as DQ services have been added to the Work Programme.

Cross-border and demand side related issues: BEREC is glad to see so much support for this issue. The harmonisation question as well as further detailed evaluation in the field of cross-border issues and business services will be covered in the Work Programme with regard to the outcome of two reports on this issue by the end of 2011.

Cooperation with RSPG (Radio Spectrum Policy Group) and ENISA (European Network and Information Security Agency): BEREC will evaluate questions of further harmonisation in the Work Program Programme.

Additional items... Migration from legacy services: BEREC welcomes the comment made on this issue and will look into it within the existing EWGs.

***

In some cases, such as the adoption of certain standards for seamless interoperability and the creation of a single market for pan-European businesses, BEREC saw the proposals as going beyond its remit.



Ralf Grahn

BEREC draft Work Programme 2012 consultation procedure

After the public consultation from 6 October to 4 November 2011, including an oral hearing 21 October, BEREC published a report on the public consultation. The fifteen stakeholder contributions are available in full on the BEREC page for public consultations.

The consultation summary:

BEREC report on the consultation of the BEREC draft Work Programme 2012 BoR (11) 61 (9 December 2011; 15 pages)

In this blog post I present the basic procedural aspects, before I look at the ”interested parties”.


Transparency

The BEREC Regulation 1211/2009, published two years ago, is available in 23 official EU languages; the English version:

REGULATION (EC) No 1211/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (Text with EEA relevance); OJEU 18.12.2009 L 337/1

With regard to transparency, Article 17, in Chapter IV General Provisions, lays down a general rule on consultation, subject to confidentiality (Article 20) and further to the rules on public access to documents (Article 22):

Article 17
Consultation

Where appropriate, BEREC shall, before adopting opinions, regulatory best practice or reports, consult interested parties and give them the opportunity to comment within a reasonable period. BEREC shall, without prejudice to Article 20, make the results of the consultation procedure publicly available.

The annual work programme is specifically mentioned as requiring consultation ahead of adoption, in Article 5(4) about the tasks of the Board of Regulators:

4. The Board of Regulators shall, after consulting interested parties in accordance with Article 17, adopt the annual work programme of BEREC before the end of each year preceding that to which the work programme relates. The Board of Regulators shall transmit the annual work programme to the European Parliament, the Council and the Commission as soon as it is adopted.

By publishing the draft, the consultation announcement, the contributions, the consultation summary and the final Work Programme 2012, BEREC acted in accordance with the principles on transparency. (A minor detail: The calls for contributions could further identify the document in question by adding the number to the name as well as by linking.)


Interested parties

During this consultation regarding future activities BEREC received contributions from fifteen stakeholders interested enough to want to influence electronic communications policies at the European level (summary page 2, consultations web page): EIDQ Association – the Association for the Directory Information and Related Search Industry, FTTH Council of Europe, The Number – Directory provider, The Voice on the Net (VON) Coalition Europe, Virgin Media, Telekom Austria, Telecom Italia, Belgacom, INTUG – International Telecommunications Users Group, ECTA, Cable Europe, Bundesverband Breitbandkommunikation, ETNO, Phone Ability and SFR.

In comparison, on a more concrete issue, the public consultation on draft guidelines on Transparency in the scope of Net Neutrality received 77 contributions (report BoR (11) 66).

On the other hand, some public consultations have received far fewer comments than the draft Work Programme 2012.

Participation is still way below the true numbers of participants in market and regulation activities. My impression is that the public and private players in the European electronic communications markets have not yet fully discovered BEREC as a new hinge between Digital Agenda aims at the European level and (converging) regulatory activity at the national level.



Ralf Grahn

EU electronic communications: BEREC Work Programme 2012

After the brief presentation of the Body of European Regulators for Electronic Communications (BEREC), we looked at the ongoing public consultation on the draft BEREC medium term strategy outlook.

Relating to the Digital Agenda for Europe, in this blog post we turn to the BEREC Work Programme 2012 documents.


Board of Regulators

The conclusions of the BEREC Board of Regulators meeting in Bucharest (Romania) 8-9 December 2011 deal with the Work Programme for next year in point 7 (page 3). The conclusions after some editing:

7. Draft 2012 BEREC WP

Summary of the contributions received during the public consultation on the 2012 draft BEREC WP BoR (11) 61

Revised 2012 draft BEREC WP BoR (11) 62

Proposal for operationalisation of the BEREC WP 2012 – set-up of EWGs BoR (11) 63

Background

The 2012 BEREC Chair (RTR) presented the results from the public consultation on the BEREC WP for 2012, held in the period 6 October - 4 November 2011, the revised draft WP and a proposal for operationalisation of the BEREC WP 2012, incl. the set-up of EWGs.

Conclusion

The BEREC 2012 WP and the consultation report were approved for publication and implementation.


Documents

If we concentrate on the main documents for the public, we have the draft Work Programme BoR (11) 40 Rev1 (October 2011; 16 pages).

After the public consultation from 6 October to 4 November 2011, including an oral hearing 21 October, BEREC published a report on the public consultation BoR (11) 61 (9 December 2011; 15 pages). The fifteen contributions are available also on the BEREC page for public consultations.

The final WP:

Work Programme 2012 BEREC Board of Regulators BoR (11) 62 (9 December 2011; 18 pages)

***

For the future BEREC could consider linking directly to the relevant documents in its conclusions.

I am going to look at the consultation summary and the final Work Programme 2012 in future blog posts.



Ralf Grahn

EU electronic communications: BEREC medium term strategy consultation

In the introduction to the Body of European Regulators for Electronic Communications (BEREC), I mentioned that BEREC has announced a public consultation, which runs until 16 January 2012.


Board of Regulators

The latest meeting of the Board of Regulators (BoR) took place 8 to 9 December 2011 in Bucharest (Romania).

According to the conclusions the BoR held an extensive discussion on the draft medium term strategy and decided to publish it for consultation. The draft:

Draft BEREC medium term strategy outlook; 14 December 2011 BoR (11) 58 (7 pages)


Medium term strategy

In order to achieve a multi-annual perspective, BEREC is elaborating strategic goals and promises to present a document outlining its midterm strategy in the course of 2012.

According to the BEREC announcement the public consultation runs until 16 January 2012. The draft strategy document outlines the activities of this advisory body for the next 3 to 5 years.


Internal market for electronic communications

In the draft, BEREC starts by setting out its role in general terms as a contributor to the Digital Agenda, before going into detail (page 2):

BEREC’s task is to promote the consistent application of the regulatory framework and thereby contribute to the development of the internal market for electronic communications. In doing so, BEREC aims to play its part in the promotion of growth and innovation in the EU. BEREC can also provide considerable expertise and professional advice on European policy initiatives and related debates in the electronic communications sector.

Emphasis on the digital single market is added through the announcement of the main focus (page 3):

The main focus of BEREC in the medium term will be on its contribution to the realisation of the internal market. The contributions in this area, both upon request from the EU institutions and on its own initiative, will include in particular:

a. Adopting common regulatory approaches and best practices in areas where differences impede the internal market, and monitoring conformity with those approaches thereafter.

b. Issuing robust and respected opinions on Article 7 cases. [Footnote 1 adds the explanation: Article 7 and article 7a of the amended Framework Directive describe the process in case an NRA takes a market analysis decision. That NRA has to notify its draft decision to the Commission and to BEREC. Both BEREC and the Commission can then provide the NRA with advice. If, in a later stage, a final decision is notified, the Commission may have serious doubts regarding the decision. In such a case, the Commission has to ask BEREC for advice. The Commission has to take the utmost account of that advice.]

c. Advising the EU institutions on draft legislation and regulation.

Priorities

After describing some trends in infrastructure and services and among consumers (page 3-4), the BEREC draft discusses the following core or priority issues for the coming years (page 4-5):

1. Infrastructural developments: Next generation networks
2. Consumer empowerment: boosting consumer choice and protection
3. Service related developments

The BEREC draft then turns to the quality of its output, by describing its level of ambition regarding common positions, guidelines, the sharing of best practices, information and experiences between NRAs, the monitoring and benchmarking exercises, as well as Article 7/7a procedures related to the Framework Directive (see above) (page 6).

The last page mentions the need for efficiency during times of budget austerity for the NRAs.


Comment

In this first draft strategy BEREC has placed a few signposts outlining main goals and principles for the longer term. For those interested, it offers an introduction to the activities of BEREC.

In the midst of budget consolidation and weakening growth prospects, the European Council has repeatedly called for the establishment of a European digital single market as a means to engender economic growth and job creation. BEREC and the NRAs are in a strategic position between European level aims and the reality of national level regulation.

The stakeholders – including telecommunications enterprises, online service providers and content creators - now have the opportunity to contribute to the final version, although the annual Work Programmes can be expected to remain the main source for plans in the short term.

***

I wish the readers of my blogs, as well as my Facebook and Twitter friends, a Merry Christmas and a Happy New Year 2012!



Ralf Grahn

Body of European Regulators for Electronic Communications (BEREC)

One part of the new EU regulatory framework for electronic communications, the telecoms package approved in 2009, was the establishment of BEREC.

The BEREC Regulation 1211/2009, published two years ago, is available in 23 official EU languages; the English version:

REGULATION (EC) No 1211/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (Text with EEA relevance); OJEU 18.12.2009 L 337/1

It did not take the governments of the EU member states more than about half a year to agree to establish the BEREC office in Riga (Latvia), or maybe they waited for the transposition date of the telecoms package to pass:

DECISION TAKEN BY COMMON ACCORD BETWEEN THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES of 31 May 2010 on the location of the seat of the Office of the Body of European Regulators for Electronic Communications (BEREC) (2010/349/EU); OJEU 23.6.2010 L 156/12

The BEREC office was inaugurated 14 October 2011, so it has been fully operational in Riga for less than three months.

The BEREC website can be described as spartan. Given the area – electronic communications – the absence of an RSS feed comes as a surprise. There is no social media presence (blog, Twitter, Facebook) I am aware of.


Board of Regulators

According to Regulation 1211/2009, BEREC is composed of a Board of Regulators (BoR), with one member from the National Regulatory Authority (NRA) in each member state. (BoR Rules of Procedure)

The NRAs from European Economic Area (EEA) states and from the candidates for EU accession have observer status.

The Regulation 1211/2009 established the office as a Community body with legal personality, with a Management Committee composed of one representative per member state NRA. (MC Rules of Procedure)


National Regulatory Authorities NRAs

In addition to the 27 EU member NRAs, there are observer NRAs from Croatia, Iceland, Liechtenstein, Macedonia, Montenegro, Norway, Switzerland and Turkey. The names and links are on offer here.


Digital Agenda & digital single market

At the inauguration ceremony in Riga, Commission vice-president Neelie Kroes outlined the contribution of BEREC and the National Regulatory Authorities (NRAs) in the success of the Digital Agenda for Europe goal of a vibrant digital single market. The crucial tasks she mentioned were roaming, net neutrality, superfast broadband and getting every European digital.


BEREC medium term strategy consultation

BEREC has announced a public consultation, which runs until 16 January 2012. The draft strategy document the stakeholders are invited to comment on is:

Draft BEREC medium term strategy outlook; 14 December 2011 BoR (11) 58 (7 pages)


BEREC Work Programme 2012

The recently published Work Programme for 2012 offers more detail about the coming activities in the short term:

Work Programme 2012 BEREC Board of Regulators; 9 December 2011 BoR (11) 62 (18 pages)



Ralf Grahn

EU electronic communications market(s) at Digital Agenda start

I returned to the sources of the EU strategies for economic growth and the knowledge society in a number of blog posts published between 14 and 20 October 2011 (FI SV EN). Links are provided in the entry EU2020 and Digital Agenda roundup: innovative and competitive Europe?


Electronic communications market(s)

On 25 May 2010 the Commission published one of the cornerstones of the Europe 2020 strategy flagship initiative A Digital Agenda for Europe. This was a communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions about the state of the communications market(s) in Europe. At the time I noted the publication of the progress report and its findings of market fragmentation.

I added an entry about consumers facing roaming charges in real life, and another post about ambitious agendas and progress as proclaimed by the member states' governments.


COM(2010) 253 final/3

The communication exists in 22 official EU languages, but the version in force seems to be the third revision. We go to the English pdf version:

CORRIGENDUM:
Annule et remplace le document COM(2010) 253 final du 25.5.2010
Concerne toutes les versions linguistiques

PROGRESS REPORT ON THE SINGLE EUROPEAN ELECTRONIC COMMUNICATIONS MARKET 2009 (15TH REPORT); Brussels, 25.8.2010 COM(2010) 253 final/3 (16 pages)

The 15th report made it clear from the start that European consumers and businesses were not served well in one functioning single digital market, but ripped off in 27 different electronic communications markets (page 2):

Consumers and businesses are still faced with 27 different markets and are thus not able to take advantage of the economic potential of a single market.

At least, the progress report did not leave the Digital Agenda people without useful employment during the EU2020 decade.

Among other things, the communication discussed the independence and resources of national regulatory authorities (NRAs), legislation and regulatory activities concerning the migration from copper cables to fibre, mobile termination rates, radio spectrum management and mobile satellite services, as well as charges faced by consumers.

The Commission concluded by promising certain actions (page 16):

In line with the Digital Agenda and the measures it outlines on spectrum, universal service, the regulatory treatment of NGAs and privacy, the Commission will also take a number of targeted measures:

(1) to address the divergences in regulatory approaches and the lack of timely and effective enforcement of remedies;

(2) to lay solid foundations for a correct and timely implementation of the revised regulatory framework and;

(3) to ensure an effectively functioning Body of European Regulators for Electronic Communications (BEREC).

eCommunications

Telecoms networks and services are sorted under the Commission's Information Society web pages eCommunications. There the web page 15th Progress report on the single european electronic communications market - 2009 offers you access to the communication COM(2010) 253 in 22 EU languages, as well as to the two parts of the accompanying Commission staff working document SEC(2010) 630 final/2 with much more detail (English only), including the Country chapters (Annex 1 in Part 1 or separately).



Ralf Grahn

EU telecom markets: “Is there progress?”

In How silly can it get? Consumers facing telecoms markets in EU (28 May 2010) we looked at one concrete example: the trouble and cost for Henrik Alexandersson, an expat worker in the European Parliament.



The personal summary of top euroblogger Julien Frisch (28 May 2010) on the EU’s 15th progress report on the single European electronic communications market was simple and effective:

My own progress report on European electronic communication: Is there progress?

I still have to find a national operator when I move to another EU country instead of having one European mobile phone operator with the same prices and services wherever I am.

Free movement


Mobility and the internal market are the main benefits of the European Union for people and businesses, we are told.

Few first lectures about the EU fail to mention:

… an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured ...

Fact or fiction?



15th progress report

Yes, we have advanced to the 15th progress report on EU telecom markets, but ─ as Julien said ─ where is the progress?



This leads to a number of questions, worth discussion, in these times when ever fewer people leave home without a 3G mobile phone and a notebook, enabling and requiring data services.

Where are the voices of business travelers, mobile workers and students, as well as tourists? Say something, do something!

Why are the national politicians and regulators allowed to drag their feet? Are businesses and consumers sheep?

Have people found alternative ways to cope with the difficulties caused by the fragmented electronic communications markets? Do you buy 27 pre-paid cards for your grand tour of the European Union? Do you find free wireless networks (wi-fi; WLAN) wherever you go?

Hoping to hear from you.



Telecommunications Council



By the way, the Transport, Telecommunications and Energy (TTE) Council meets on Monday, 31 May 2010.

Information society commissioner Neelie Kroes will present the Digital Agenda for Europe, and the Council will adopt conclusions.



According to the background note, the TTE Council endorses an ambitious agenda. (Is anyone dedicated enough to check which words they used the fourteen previous times they studied the progress report?)

There will be an exchange of views on the "European Code of rights of users of electronic communications services", a pet project of the Spanish presidency of the Council of the European Union.



The laudable aim of the policy debate is to contribute to simple and easily accessible information for EU citizens on their rights established in the Regulatory framework for electronic communications and services and other relevant EU legislation.



There are no links or document references in the TTE Council background note to the draft conclusions on the Digital Agenda or the proposed users’ code.

However, we can rest assured that nothing is more important for the 27 governments representing 27 different markets than ambitious action and simple and accessible information for EU citizens ─ every year.




Ralf Grahn

How silly can it get? Consumers facing telecoms markets in EU

After presenting the Digital Agenda for Europe, first reactions to the Digital Agenda and the EU progress report on the single European electronic communications market at a general level, now for a concrete example of how 27 fragmented national telecoms markets affect businesses, consumers and public affairs in real life in the European Union.


The conclusion is: How silly can it get?




One of the most prolific eurobloggers is Henrik Alexandersson, who works in the European Parliament for the Pirate MEP Christian Engström (Green group).


Alexandersson’s usual place of work is the EP in Brussels, Belgium. Naturally, he travels back to Sweden at times. Like the rest of the MEPs and staff, he has to take part in the monthly migration of the European Parliament to Strasbourg, France.




In his blog post (in Swedish) Hej, jag heter Henrik. Jag är datormissbrukare (roughly: Hello, I’m Henrik. I’m a dataholic; 27 May 2010), Alexandersson starts by wondering at the primitive standards and proprietary software hampering PCs in the EP offices.

Then follows a tragicomic description of the multiple notebooks and wireless dongles forced on Alexandersson by fragmented telecoms markets and incompatible software, plus the horrendous costs of data roaming.

For those who believe that the “common market” was instituted in 1957, the post is illuminating.



If you want to get a sense of the original text, Google translate provided an almost comprehensible version in English. (Ångdator can be understood as “steam age PC”).


Neelie Kroes and her merry men have a real challenge ahead of them, if they want Europe to advance from the Egypt of the steam engine era to the promised land of the information society.




Ralf Grahn

EU progress report on single European electronic communications market

In the context of the Europe 2020 strategy and the Digital Agenda for Europe, the European Commission has published its annual report (for 2009) on the progress towards a single European electronic communications market:




PROGRESS REPORT ON THE SINGLE EUROPEAN ELECTRONIC COMMUNICATIONS MARKET 2009 (15TH REPORT); Brussels, 25.5.2010 COM(2010)253 final (17 pages)



The report is available in Spanish, Czech, German, English, French, Latvian, Maltese, Portuguese, Slovenian and Swedish (10 out of 23 EU languages).

Two short excerpts:

This Communication reports on market and regulatory developments in the EU’s electronic communications sector in 2009.


Consumers and businesses are still faced with 27 different markets and are thus not able to take advantage of the economic potential of a single market.

After analysis of market developments, the regulatory environment and consumer issues, the report reaches the following conclusions:

To move closer to a true single market, it is vital to step up efforts to address the issues identified in this Communication. The Commission will continue to closely monitor market developments so that problems can be tackled swiftly. In line with the Digital Agenda and the measures it outlines on spectrum, universal service, the regulatory treatment of NGAs [next generation access networks] and privacy, the Commission will also take a number of targeted measures:

(1) to address the divergences in regulatory approaches and the lack of timely and effective enforcement of remedies;

(2) to lay solid foundations for a correct and timely implementation of the revised regulatory framework and;

(3) to ensure an effectively functioning Body of European Regulators for Electronic Communications (BEREC).

These measures will in turn strengthen competition for the benefit of consumers and ensure that operators function in an environment which allows them to adapt their business models to new realities.

A press release from the Commission, available in 19 languages, offers an overview of the findings, and it hammers in the message that consumers and businesses still face 27 fragmented national markets: Telecoms: citizens and businesses pay the price for inconsistent application of EU rules (25 May 2010; IP/10/602).




The Commission has also released an explanatory summary: Telecoms: citizens and businesses pay the price for inconsistent application of EU rules - country by country breakdown of 15th Progress Report on European Telecoms Market 2009 and glossary (25 May 2010; MEMO/10/211).




The material can also be accessed from the Commission’s (Information society) thematic page.




Additional materials include the Staff working document SEC(2010) 630 (two parts; not yet on Eur-Lex under preparatory acts) and excerpts with country chapters.



Neelie Kroes


My impression is that information society commissioner Neelie Kroes continues her no-nonsense approach in searching for the European public good in the same vein as when she headed competition affairs. Consumers and businesses have reasons to wish her success. The obstacles are often found closer to home.




Ralf Grahn

European Digital Agenda continued: EU Council presidency trio 2010 to 2011

Yesterday’s blog post EU Council presidency trio and European Digital Agenda (continued) (3 January 2010) actually found the post-i2010 information society strategy mentioned, as well as relevant building materials for its follower, the European Digital Agenda, under Telecommunication in the [Draft] 18 month programme of the Council (27 November 2009; document 16771/09).

We continue to look for positions relevant to the knowledge society and the coming European Digital Agenda in the programme of the presidency trio Spain, Belgium and Hungary.



Education and culture


Naturally, the knowledge society is linked with better jobs and sustainable growth in a greener economy, but specifically I want to mention the role of education and training as an investment into our future (page 53):

The three Presidencies will contribute to defining and strengthening the link between the new strategic framework for European cooperation in education and training (E&T 2020) and the post-2010 Lisbon Strategy, while fully taking into account those aspects of education and training that are not directly linked to growth and jobs.

Culture is another area worth mentioning in this regard (page 57):

Cultural and creative industries, including SMEs, contribute significantly to growth and employment, as well as to local and regional development. The role of cultural and creative industries should therefore be addressed in the post-2010 Lisbon Strategy.

The importance of audiovisual content is fundamental in our present day world, but I would stress the need for all voices – including citizens and consumers - to be heard when digital rights and distribution of works are regulated (page 58):

The content creative online initiatives of the European Union are a solid basis for further actions aiming at strengthening the European audiovisual and on-line industry. The three Presidencies will specifically focus on the development of the audiovisual content industry and its positive effects on the whole economy. The safeguarding of the interests of right-holders and alternative methods of distribution of audiovisual works (digital distribution, e-cinema) as well as digital cultural and creative content will also be addressed.

Justice and Home Affairs


In the area of freedom, security and justice (FSJ), many of the activities under the approved Stockholm Programme and the Action Plan to be elaborated and adopted during the Spanish presidency of the EU Council touch upon the fundamental rights of EU citizens and others. All registers, proposals and actions aimed at improving border control, the fight against cross-border crime (including cybercrime), countering terrorism etc. have to be evaluated from this point of view. Several planned actions in the long justice and home affairs (JHA) passage are relevant from a knowledge society angle as well (from page 66).


[Obiter dictum: We are still waiting for the next Commission to be cleared by the European Parliament, which is indeed taking its time, but from 1 February 2010(?) there will be separate Commissioners for Home Affairs and Justice. This seems like an improvement: The dossiers are growing and complex, and separate functions within the Commission offers opportunities for clearer dialogue at the preparatory stage.]

The European Union has been a vocal promoter of human rights in its international relations, but its practices and past as well as ongoing negotiations on international agreements have been less transparent and principled. Let us hope that the following paragraph is taken to heart (page 74):

The EU should develop a proactive and consistent approach on the protection of personal data, in particular when developing a global strategy on information systems in the field of internal security.

E-Government is an important aspect of the knowledge society, so the paragraph on E-Justice merits attention (page 74):

Recognising the significance of the use of the information and communication technologies in the field of justice, the three Presidencies are determined to push forward the projects included in the E-Justice Action Plan 2009-2013 and, taking into account its open nature, may launch additional ones. An assessment of the implementation structure’s activities should take place before June 2011. Consequently, projects such as the interconnection of registers of wills and the training of legal practitioners will be launched. Work should start on the service of judicial and extrajudicial decisions in civil and commercial matters, on legal aid, on the European order for payment as well as on the small claims procedure. Furthermore, attention will also be paid to the horizontal issue of translation and interpretation.

Trade policy

The recurring theme of strengthening protection of intellectual property rights appears under Trade Policy (page 81 to 82):

Concerted actions to remove non-tariff barriers, to open up government procurement markets and to increase protection for intellectual property rights remain of particular importance.

Conclusion

We have now looked at the Summary of the Spanish work programme and the 18 month programme of the presidency trio Spain, Belgium and Hungary. My feeling is that this has put the knowledge society issues into a larger context, but without adding precision or detail.



For those readers who care for more detail about the European Digital Agenda being prepared, I suggest a number of earlier blog posts, with links to relevant documents. Here are links to a sample of posts (although the diligent searcher can find more):




Information society: EU’s i2010 strategy assessed (23 December 2009)




EU 2020 strategy and future Digital Agenda under work (24 December 2009) NB The consultation period ends on 15 January 2010.




Swedish presidency and EU Commission: preparing Digital Agenda (24 December 2009)




EU Telecommunications Council on post i2010 strategy: Towards a new digital agenda (25 December 2009) NB Links to conclusions.




EU telecoms: Reaping the digital dividend vs costs of non-Europe (26 December 2009)




EU Network and Information Security (NIS) (27 December 2009)




Citizens in the EU Information Society (European Digital Agenda) (30 December 2010)


The posts published in January 2010, including those on the programmes mentioned above, are easily found through the sidebar.




Ralf Grahn



P.S. The European Tribune is a daily compilation of excerpts from media (webzine), a lively discussion forum and a web community, listed among the nearly 500 great euroblogs on multilingual Bloggingportal.eu. Eurotrib is a useful source for fact, opinion and gossip on European and world affairs: politics, economics and finance, environment and humanity.



Why not pop over to read Grahnlaw’s sister blogs, Grahnblawg in Swedish and Eurooppaoikeus in Finnish?

EU Telecommunications Council on post i2010 strategy: Towards a new digital agenda

From Santa Claus to the Magi, the European Union’s new digital strategy continues to take shape with the aim to bestow its gifts on the good children of Europe in the years to come.



Chaired by Sweden’s minister for communications, Åsa Torstensson, the Transport, Telecommunications and Energy Council configuration (TTE) arrived at conclusions regarding the post i2010 strategy at the 2987th Council meeting (17 to 18 December 2009; document 17456/09; page 21):

TELECOMMUNICATIONS

Post - i2010 strategy - Council conclusions

The Council held a policy debate on the future of the i2010 strategy, in order to give guidance to the Commission in drawing up a new digital agenda.

In particular, ministers set out their views regarding the priorities for a post-i2010 strategy which will aim to ensure growth, job creation and a sustainable EU, and ways to get citizens more involved in policy-making through the Internet and other social media. This new agenda is to be proposed by the new Commission in spring 2010 and debated under the Spanish presidency.

The Council adopted conclusions which list items that should be addressed in the new digital agenda for Europe (17107/09).

The conclusions underline inter alia:

• the importance of fostering the open, decentralised and dynamic nature of the Internet, promoting its further expansion,

• the importance of developing electronic identification arrangements that guarantee data protection and respect citizens’ privacy,

• accessibility for everyone is key to achieving an inclusive, empowering, knowledge-based society.

Summary and outline



The TTE Council’s conclusions refer to the document "Post-i2010 Strategy" - towards an open, green and competitive knowledge society - Adoption of Council conclusions (17107/09; 16 pages), which contains a brief summary of the preparatory work and the annexed conclusions on the EU’s coming digital agenda, including numerous documentary references.


The central message is that the scope of ICT policy will need to expand from enabling the information society towards maximising the way in which ICT (information and communications technology) contributes to the EU’s progress towards an open, green and competitive knowledge society.

Information and communications technologies are fundamental to the running of EU economies across all sectors, but significant barriers to implementing an ICT-based knowledge society and to establishing a well functioning internal market remain and need to be addressed as a matter of urgency.


The conclusions presented more detailed principles with regard to:

• Broadband and the Internet
• Privacy, resiliency, security and trust
• Accessibility empowerment and inclusion


The TTE Council then laid special emphasis on:

• Boosting research and development, innovation and service creation (increasing the role of small and medium-sized companies; towards a well functioning European digital single market; content creation and re-use of public sector information)
• A globally competitive EU (including international development and Internet governance)
• Environmental sustainability (Green ICT, policy and research agenda; low energy use, cutting carbon emissions, use of public procurement)
• E-government (seamless e-Government services reinforcing mobility; open and interoperable standards)
• Benchmarking and evaluation (benchmarking frameworks)


The Telecoms ministers then invited the Commission to develop a New Digital Agenda for Europe, including high-speed broadband deployment, plans for innovation and digital development for increased competitiveness, as well as elimination of regulatory obstacles to cross-border on-line purchases.

The Council asked the Commission to report on its various consultations.


The Council invited the member states to reach 100% broadband by 2013 and to develop strategies for next generation networks (NGN). Efforts are needed for high speed mobile and wireless services; implementation of the revised regulatory framework for electronic communications, networks and services; the contribution of ICT to structural reforms for growth and jobs; reducing disparities in information society developments across Europe; the uptake of ICT by SMEs; ICT for transition to energy-efficient and low-carbon economies.

The Council then added wishes for joint action between the member states and the Commission, as well as invitations for contributions by stakeholders.



From Santa Claus to the Magi



The Council’s wish list was delivered by the Swedish presidency in time for Santa Claus, but work will continue after Los Reyes Magos (the Three Kings; the Magi; Epihany) during the Spanish presidency of the Council of the European Union, leading towards the spring European Council meeting, dedicated to economic reform issues on 25 March 2010.

The new digital agenda is an essential part of the overall economic reform strategy of the European Union: EU 2020.



Still, the real dividends will come only through dedicated work during the next five years, requiring efforts by the Commission ─ Neelie Kroes, other Commissioners and their services ─ the member states (Council) and the European Parliament, as well as researchers, businesses, citizens and consumers all over Europe.




Ralf Grahn



P.S. Get to know the growing EU blogosphere Margot Wallström wrote about, conveniently aggregated by multilingual Bloggingportal.eu, our common “village well” for fact, opinion and gossip on European affairs.

Swedish presidency and EU Commission: preparing Digital Agenda

In an interview, Åsa Torstensson, the Swedish minister for communications, pointed out the potential for democratic participation through the Internet: IT is a democratic tool (17 December 2009).



Torstensson was referring to the Visby Agenda conference on the theme “Creating impact for an eUnion 2015” held on 9-10 November: A starting point for breaking down walls of ICT (10 November 2009) and Visby Agenda: creating impact for an eUnion 2015 (9 November 2009), as well as the report A Green Knowledge Society – An ICT agenda to 2015 for Europe’s future knowledge society (September 2009).



Commission



Ahead of the TTE Council meeting, the European Commission’s issued a press release: A new digital strategy for Europe on the agenda of the Telecoms Council, 18 December 2009 (Brussels, 17 December 2009 MEMO/09/560). The clear presentation of the background is worth repeating here:

The Telecoms Ministers of the 27 EU Member States will meet at the Telecoms Council in Brussels on 18 December 2009 to agree on priorities for a new European digital strategy in 2020. This strategy should help EU countries to recover from the financial and economic crisis, while speeding up the move towards a smart and green economy. The EU 2020 strategy will build on the successes of the Lisbon strategy since its relaunch in 2005 and address some of its shortcomings. The European Digital Agenda is one of the key elements announced by the President of the European Commission, José Manuel Barroso, in his political guidelines for the new Commission ( IP/09/1272 ) and in the EU's future EU2020 strategy (IP/09/1807 ; see also SPEECH/ 09/336 ). At this Telecoms Council, the European Commission will be represented by Viviane Reding, EU Commissioner for Information Society and Media.
Main items on the agenda:

• Post-i2010 strategy: adoption of Council conclusions following a policy debate

• A collaborative European approach on network and information security: adoption of a Council Resolution

• Digital dividend: adoption of Council conclusions


European Digital Agenda (Post-i2010 strategy)


Background


On 4 August 2009, the Commission adopted the Digital Competitiveness Report, which summarised the achievements of the i2010 strategy between 2005 and 2009 and launched a public consultation on possible priorities for a future strategy ( IP/09/1221 ). At the conference "Visby Agenda: creating impact for an eUnion 2015" organised on 9-10 November 2009 by the Swedish Presidency, EU Member States and the European Commission sought a common understanding of possible priorities for the forthcoming ICT agenda of the EU ( SPEECH/09/519 ). On 24 November 2009, President Barroso launched a consultation on the future "EU2020 strategy", in which the Digital Agenda was announced as one of the key initiatives to deliver on the EU's future strategic objectives ( IP/09/1807 ).


At this Council


EU Telecoms ministers will discuss the possible priorities for the EU's new Digital Agenda and will adopt Council conclusions. In particular, Ministers will be asked to express their views on the EU's new strategy to ensure sustainable growth and jobs' creation. They will also discuss the use of the internet in policy making processes to make these more open, efficient and user-friendly for European citizens.
A collaborative European approach on network and information security


Background


As part of European efforts towards increased network and information security, the Council and the European Parliament adopted a Regulation on 24 September 2008 to extend the mandate of the European Network and Information Security Agency ( ENISA ) for three years until 2012. This was followed by the Commission's adoption of a Communication on 30 March 2009 on the protection of critical information infrastructures in the EU ( IP/09/494 ).

For the European Commission, the disruption or destruction of communication services and networks poses challenges at EU level because they are vital for the functioning of society and therefore need a high level of security and resilience. All stakeholders, from Member States to the private sector, have a role to play and should cooperate to enhance Europe's capability to cope with future security threats and challenges.


At this Council


The adoption of a Council Resolution on a collaborative European approach on network and information security brings the institutional debate on future network and information security policy to a conclusion. This Resolution provides the Commission with political guidelines for the forthcoming major initiative to boost network and information security in Europe.


Digital Dividend


Background


On 28 October 2009, the Commission adopted a Communication "Transforming the digital dividend into social benefits and economic growth in Europe", calling on Member States to complete the switch-off of analogue TV by 1 January 2012 and outlining a common approach to the digital dividend in Europe that will become available as a result of the transition to digital TV ( IP/09/1595 ).


At this Council


Following an initiative of the Swedish Presidency of the European Union, the Council is expected to adopt conclusions on the Commission's proposal for the digital dividend, underlining the importance of a timely use of the digital dividend to contribute to economic recovery, strengthen competition, and stimulate innovation in both broadcasting and wireless services.


Other items on the agenda:

• Internet Governance: information from the Presidency on results achieved in the second half of 2009 (see also IP/09/1717 )
• Working programme of the incoming Presidency: the Spanish Presidency will present its priorities for the first half of 2010

TTE Council background note


The Transport, Telecommunications and Energy Council (TTE) met on 17 and 18 December 2009, with the telecommunications session on the second day. Ahead of the meeting, the Press Office of the Council issued a background note with useful links to relevant documents. The telecommunications issues are found on the pages 11 to 13.

The background note can be read as an alternative to the Commission’s press release, or as a complement.




Ralf Grahn



P.S. Find the growing EU blogosphere Margot Wallström wrote about, conveniently aggregated by multilingual Bloggingportal.eu.

EU 2020 strategy and future Digital Agenda under work

For the time after the i2010 information society strategy, the European Commission launched a public consultation on the strategy for the coming five years. The consultation on the 2010-2015 strategy ran from 4 August to 9 October 2009, and the Commission received 834 responses.



The reference documents are available, but the publication of the summary of the outcome still lies in the future.



On the other hand, many of the same themes are found in the more general Consultation on the future “EU 2020” strategy (Brussels, 24.11.2009, COM(2009) 647 final; 13 pages), planned to take over from the Lisbon Strategy for growth and jobs. Here the consultation period runs until 15 January 2010.



The main themes are presented more briefly in the Commission’s press release (24 November 2009; IP/09/1807): a smarter, greener social market.



With the Telecoms Package signed and sealed, it was time for the European Union to look towards the future of electronic communications in Europe. (I would reserve the expression “delivered” for when the Directives have been transposed into national law, hopefully during the spring of 2011.)

In a coming post, we turn to recent information society policy developments during the Swedish presidency of the Council of the European Union, and by the Commission.




Ralf Grahn



P.S. Find the growing EU blogosphere Margot Wallström wrote about, conveniently aggregated by multilingual Bloggingportal.eu.

Information society: EU’s i2010 strategy assessed

Launched in 2005, the aims of the EU’s i2010 strategy for information and communications technologies (ICT) were:

• To boost the single market for businesses and users by eliminating regulatory obstacles and enhancing regulatory consistency in the telecoms sector and for audiovisual media services (in particular TV and video-on-demand);

• To stimulate ICT research and innovation in Europe by pooling public and private research funding and focusing it on areas where Europe is or can become a global leader, such as on LTE (long-term evolution) mobile technology, which will revolutionise wireless broadband, or ESC (electronic stability control), which helps prevent car accidents in case of sudden manoeuvres or on slippery roads;

• To ensure that all citizens benefit from Europe’s lead in ICT, in particular through first-class online public services accessible to all; safer, smarter, cleaner and energy-efficient transport and by putting the cultural heritage of the EU at our fingertips by creating the European digital library.

The Commission notes (page 1):

ICT accounts for half of the rise in EU productivity and available high-speed broadband is key to new jobs, new skills, new markets and cutting costs. It is essential to businesses, public services and to making the modern economy work.

After recapitulating some of the more spectacular developments, the Commission gets down to a slightly more nuanced discussion of achievements and continually evolving challenges with regard to the objectives.


From the perspective of consumers and citizens, the “eYou Guide to your rights online” is worth mentioning. The web pages were launched in the spring of 2009, and the information is available in ten languages.


After hailing the progress, the i2010 report ends on a more sombre note (page 9): Europe is at risk of losing its competitive edge when it comes to new, innovative developments. Therefore Europe needs a new digital agenda to meet the emerging challenges. The Commission was about to launch a public consultation on the new digital agenda.


The summary report is useful for interested citizens as well as public administrations, researchers and businesses engaged in electronic communications and information society issues:



Commission: Europe’s Digital Competitiveness Report ─ Main achievements of the i2010 strategy 2005-2009; Brussels 4.8.2009 COM(2009) 390 final (12 pages).



The Digital Competitiveness Report was accompanied by the more detailed working documents SEC(2009) 1060, SEC(2009) 1103 and SEC(2009) 1104, which are of interest to professionals:




Europe's Digital Competitiveness Report - Main achievements of the i2010 strategy 2005-2009; Brussels, 4.8.2009, SEC(2009) 1060 final (27 pages)




Europe's Digital Competitiveness Report Volume 1: i2010 — Annual Information Society Report 2009 Benchmarking i2010: Trends and main achievements; Brussels, 4.8.2009, SEC(2009) 1103 final (112 pages)




Europe's Digital Competitiveness Report Volume 2: i2010 — ICT Country Profiles; Brussels, 4.8.2009, SEC(2009) 1104 final (68 pages)



All in all, the i2010 assessment package offered a valuable basis for the discussions and the consultation aiming at a new digital agenda for the European Union.



Ralf Grahn



P.S. European affairs and dimensions, EU politics and policies: For your convenience, multilingual Bloggingportal.eu already aggregates 495 euroblogs, offering a variety of themes and viewpoints.

EU Telecoms package: Commission’s declaration on net neutrality

The Wikipedia article Network neutrality offers an overview of the debated goal to achieve net neutrality.



In a speech on the development of new media markets, Viviane Reding, the member of the European Commission responsible for information society, mentioned network neutrality as one of the issues relevant for the coming Digital Agenda of the European Union (1 October 2009):

A further, fourth priority for Europe's Digital Agenda will be in my view to take a deeper look into network neutrality. When the telecoms package enters into force, it will give the European Commission and national regulators new instruments to ensure that the net will be open and neutral in Europe. This is a very important, and often underestimated achievement of the reform, and many European Parliamentarians, but also many ministers deserve the credit for having strengthened the corresponding wording in the package during the legislative process. I would like Europe to make good use of these new tools for enhancing net neutrality. I would therefore like to have, in 2010, a broad debate about how the Commission could best use these new instruments in the interest of an open internet and of internet users. It is true that Europe's telecoms framework, with its pro-competitive approach, has so far been an effective tool for tackling many problems with regard to net neutrality. I have myself indicated that I would be prepared to act on this basis in case of continued blocking of Voice over IP services by certain mobile operators. The new telecoms package is in many instances a quite robust answer to such new threats to net neutrality. However, I also know that technology and regulation will evolve further in the years to come. And I plan to be Europe's first line of defence whenever it comes to real threats to net neutrality. This should be spelt out in more detail in the European Digital Agenda that is scheduled for adoption in March next year.

As a part of the adoption of the European Union’s telecoms reform package, the EU Commission undertook a political obligation to monitor net neutrality closely:


Commission declaration on net neutrality, published in the Official Journal of the European Union (OJEU) 18.12.2009 C 308/2.

‘The Commission attaches high importance to preserving the open and neutral character of the Internet, taking full account of the will of the co-legislators now to enshrine net neutrality as a policy objective and regulatory principle to be promoted by national regulatory authorities ( 1 ), alongside the strengthening of related transparency requirements ( 2 ) and the creation of safeguard powers for national regulatory authorities to prevent the degradation of services and the hindering or slowing down of traffic over public networks ( 3 ). The Commission will monitor closely the implementation of these provisions in the Member States, introducing a particular focus on how the “net freedoms” of European citizens are being safeguarded in its annual Progress Report to the European Parliament and the Council. In the meantime, the Commission will monitor the impact of market and technological developments on “net freedoms” reporting to the European Parliament and the Council before the end of 2010 on whether additional guidance is required, and will invoke its existing competition law powers to deal with any anti-competitive practices that may emerge.’

Footnotes:

( 1 ) Article 1(8)(g) of Directive 2009/140/EU of the European Parliament and of the Council (OJ L 337, 18.12.2009, p. 37).
( 2 ) Article 1(14) of Directive 2009/136/EU of the European Parliament and of the Council (OJ L 337, 18.12.2009, p. 11).
( 3 ) See footnote 2.



Ralf Grahn



P.S. For your convenience, multilingual Bloggingportal.eu already aggregates 495 euroblogs, offering a variety of themes and viewpoints on European politics and policies.

EU Telecoms reform: Radio Spectrum Policy Group revision

In line with the revision of the Framework Directive 2002/21 by the so called Better Regulation Directive 2009/140, the tasks of the Radio Spectrum Policy Group have been revised:


COMMISSION DECISION of 16 December 2009 amending Decision 2002/622/EC establishing a Radio Spectrum Policy Group (2009/978/EU). This text with EEA relevance was published OJEU 18.12.2009 L 336/50.

The adapted tasks are laid down in Article 2:

Article 2
Tasks

The Group shall assist and advise the Commission on radio spectrum policy issues, on coordination of policy approaches, on the preparation of multiannual radio spectrum policy programmes and, where appropriate, on harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market.

Furthermore, the Group shall assist the Commission in proposing common policy objectives to the European Parliament and the Council, when necessary for ensuring the effective coordination of the interest of the European Union in international organisations competent in radio spectrum matters.

Ralf Grahn



P.S. Read why Julien Frisch recommends Bloggingportal.eu, the multilingual aggregator of euroblogs (18 December 2009).

EU Telecoms package: “Citizens’ Rights Directive”

The existing EU regulatory framework for electronic communications networks and services comprises five Directives, the Framework Directive and the Specific Directives:

• Framework Directive 2002/21/EC
• Access Directive 2002/19/EC
• Authorisation Directive 2002/20/EC
• Universal Service Directive 2002/22/EC
• Directive on privacy and electronic communications 2002/58/EC




This is how the European Commission set out the reason for amending the two Directives mentioned last, in its proposal 13.11.2007 COM(2007)0698:

The present legislative reform proposal adapts the regulatory framework by strengthening certain consumers’ and users’ rights (in particular with a view to improving accessibility and promoting an inclusive Information Society), and ensuring that electronic communications are trustworthy, secure and reliable and provide a high level of protection for individuals’ privacy and personal data. The proposal does not alter the current scope or concept of universal service in the EU, which will be subject to a separate consultation in 2008. It is in line with the Commission’s Better Regulation Programme, which is designed to ensure that legislative interventions remain proportionate to the political objectives pursued, and forms part of the Commission’s overall strategy to strengthen and complete the internal market.

More specifically, the objectives of the present proposal are two-fold:

1. Strengthening and improving consumer protection and user rights in the electronic communication sector, through — amongst other aspects —giving consumers more information about prices and supply conditions, and facilitating access to and use of e-communications, including emergency services, for disabled users; and

2. Enhancing the protection of individuals’ privacy and personal data in the electronic communications sector, in particular through strengthened security-related provisions and improved enforcement mechanisms.

In the first reading report A6-0318/2008, the European Parliament Committee on the Internal Market and Consumer Protection (rapporteur Malcolm Harbour) was generally supportive of the Commission’s proposal, but tabled amendments with regard to a number of issues:

- Clarified the pre contractual information requirements
- Broadened the information and transparency provisions
- Added new provisions for consumers to be given information on their legal obligations in using a service (especially respect of copyright) and the adoption of security safeguards
- Reinforced the service provisions for disabled users
- Made detailed amendments related to “112” emergency number availability and caller location
- Clarified and simplified the quality of service requirements
- More clearly defined the responsibility of National Regulators for day to day market enforcement of consumer rights, removing some of the proposed Commission responsibilities in these areas.
- Removed provisions for support of the “3883” numbering space, for which very limited consumer demand is now foreseen with the evolution of nomadic “Voice over Network” services.

After the customary dance steps between the EP, the Council and the Commission, the proposal became factually ready for adoption, but it had to wait for the conciliation process regarding the whole Telecoms package before formal adoption.



The process can be studied in detail through the Legislative Observatory of the European Parliament, under procedure COD/2007/0248.


Directive 2009/136

The Universal Service Directive 2002/22/EC and the Directive on privacy and electronic communications 2002/58/EC have now been reformed. Regulation 2006/2004 on consumer protection cooperation was also amended:




DIRECTIVE 2009/136/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws. This text with EEA relevance was published OJEU 18.12.2009 L 337/11.


The EU member states have until 25 May 2011 to transpose the “Citizens’ Rights Directive” into national law.



Ralf Grahn



P.S. Read why Julien Frisch recommends Bloggingportal.eu, the multilingual aggregator of euroblogs (18 December 2009).

EU telecoms package: “Better regulation”

The adopted EU Telecoms package modernises the legal framework for electronic communications and services in the European Union.

The existing EU regulatory framework for electronic communications networks and services comprises five Directives, the Framework Directive and the Specific Directives:

• Framework Directive 2002/21/EC
• Access Directive 2002/19/EC
• Authorisation Directive 2002/20/EC
• Universal Service Directive 2002/22/EC
• Directive on privacy and electronic communications 2002/58/EC


“Better Regulation Directive”


One part of the EU telecoms reform package was the overhaul of the three first directives mentioned above, namely the Framework Directive 2002/21/EC, the Access Directive 2002/19/EC and the Authorisation Directive 2002/20/EC:



DIRECTIVE 2009/140/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services. This text with EEA relevance was published in the Official Journal of the European Union (OJEU) 18.12.2009 L 337/37.


Materials


All but the most hardened readers might find the 76 recitals presenting the reasons for the reform and the text of the adopted amendments in Directive 2009/140 hard going, so here are a few references to more digestible materials.



Publication in the Official Journal was accompanied by a press release from the Commission, with links to earlier statements: New Telecoms Rules enter into force (IP 09/1966; 18 December 2009).



Commissioner Viviane Reding’s speech 23 November 2009 outlines the Commission’s view on regulatory issues in the electronic communications markets.


The European Commission’s proposals during the two year process are available on the web page: Legislative proposals.




Ralf Grahn



P.S. Read why Julien Frisch recommends Bloggingportal.eu, the multilingual aggregator of euroblogs (18 December 2009).