Update 4 February 2021: The European Commission has opened infringement procedures against 24 out of 27 Member States for not transposing the European Electronic Communications Code into national law by the deadline of 21 December 2020 – only Greece, Hungary and Finland have notified to the Commission that they adopted all necessary measures.

The press release is available via this link: https://ec.europa.eu/commission/presscorner/detail/en/IP_21_206

Update 21 December 2020: The deadline for transposition of the European Electronic Communications Code (EECC) into national law of the Member States is today. 

Update 17 December 2018: The full texts of the European Electronic Communications Code and BEREC Regulation are in the Official Journal today. 

The full texts can be accessed (in all language versions) via this link: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2018:321:TOC

The BEREC Regulation is directly applicable from 21 December 2018, the retail price-cap for intra-EU calls and SMS is directly applicable from 15 May 2019 (as per Art. 50 of the BEREC Regulation), and the main date for transposition into national law and application of the EECC by EU Member States is 21 December 2020 (with some exceptions stated in Art. 124). 


Update 4 December 2018: The European Parliament’s plenary session voted (14 Nov 2018), and the EU Member States’ telecoms ministers (4 Dec 2018) approved, the final text of the European Electronic Communications Code (EECC) and of the BEREC Regulation. The next step now is publication in the Official Journal of the EU, scheduled for 17 Dec 2018.

The deadline for transposition of the EECC into national law will be 21 Dec 2018 (with the exception of the retail cap on Intra-EU calls (19c/min) and SMS (6c/SMS) which will directly enter into force on 15 May 2019 (see BEREC Regulation amending the Roaming Regulation) and provisions on harmonised radio spectrum for 5G wireless, entering into force on 30 Dec 2020 (and some other provisions having effect at later dates).

The European Parliament and Council press releases are provided below.

T-REGS Note: These reveal significant differences in emphasis.

EP: http://www.europarl.europa.eu/news/en/press-room/20181106IPR18320/meps-cap-prices-of-calls-within-eu-and-approve-emergency-alert-system

Council: https://www.consilium.europa.eu/en/press/press-releases/2018/12/04/better-connectivity-eu-adopts-telecoms-reform/

T-REGS has taken notes of the European Parliament debate preceding the vote. These are available on request.

Awaiting official publication on 17 Dec 2018, the multi-lingual versions of the final text (with some square brackets on exact dates) are available on the following links. You can change the language by referring to the relevant countries’ abbreviation.

EECC:

http://www.europarl.europa.eu/sides/getDoc.do?type=AMD&format=PDF&reference=A8-0318/2017&secondRef=002-002&language=EN

http://www.europarl.europa.eu/sides/getDoc.do?type=AMD&format=PDF&reference=A8-0318/2017&secondRef=002-002&language=DE

http://www.europarl.europa.eu/sides/getDoc.do?type=AMD&format=PDF&reference=A8-0318/2017&secondRef=002-002&language=FR

BEREC Regulation:

http://www.europarl.europa.eu/sides/getDoc.do?type=AMD&format=PDF&reference=A8-0305/2017&secondRef=002-002&language=EN

http://www.europarl.europa.eu/sides/getDoc.do?type=AMD&format=PDF&reference=A8-0305/2017&secondRef=002-002&language=DE

http://www.europarl.europa.eu/sides/getDoc.do?type=AMD&format=PDF&reference=A8-0305/2017&secondRef=002-002&language=FR

For a discussion, please contact Yves Blondeel.


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:

EECC Provisional text subject to adjustments

BEREC provisional agreement text subject to adjustments

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 summary accompanying the EC proposal – 3 pages.

Impact Assessment – Part 1 – 198 pages.

Impact Assessment – Part 2 – 108 pages.

Impact Assessment – Part 3 – 100 pages.

Executive summary of the Evaluation of the 2002/2009 regulatory framework for electronic communications accompanying the EC proposal – 4 pages.

Evaluation of the 2002/2009 regulatory framework for electronic communications accompanying the EC proposal – 209 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

Press Release: State of the Union 2016: Commission paves the way for more and better internet connectivity for all citizens and businesses.

Fact Sheet/Q&A: State of the Union 2016: Commission paves the way for more and better internet connectivity for all citizens and businesses.

Fact Sheet Telecoms

Fact Sheet WiFi4EU

For a discussion, please contact Yves Blondeel.