Brussels, 12/10/2006 (Agence Europe) - Since its last review in June 2006 the Commission has noticed that several Member States have still not complied with one or several demands (first warning) concerning the implementation of the regulatory framework on electronic communications of 2002, which involves eighteen markets. On Wednesday it therefore decided to pursue proceedings by send a reasoned opinion (final warning). It also identified new infringements to the framework and has decided to being new proceedings. Nevertheless, the Commission pointed out that Member States had satisfactorily closed nine cases and therefore decided to concluded proceedings.
- New proceedings - first warning: letters of formal notice were sent to eight Member States concerning two infringements: Analysis of Incomplete Markets, involving Denmark, Germany, Malta and Portugal, which have completed only one and four market reviews respectively (out of 18 required). It is a pre-condition for the proper functioning of the EU regulatory framework on electronic communications that national regulators analyse swiftly and accurately the markets. Only after sound market analysis can competition be assessed and significant market power be identified. National regulators were obliged to analyse the 18 markets relevant for electronic communications as soon as possible after the framework entered into force (July 2003 for the “old” Member States and May 2004 for the “new” Member States) to ensure it was functioning correctly; Number Portability: - A letter of formal notice is being sent to Slovakia, as the last Member State where fixed number portability is still lacking - although new legislation had been introduced. - A letter of formal notice is being sent to Germany because the must-carry rules in various federal states (Länder) do not conform with the requirements of the Universal Service Directive. - new infringement proceeding has been opened against Sweden because only the operator found to have significant market power has a right of appeal against the results of the market review. - A letter of formal notice is being sent to Belgium on universal service financing. The directive stipulates that the national regulator must ensure that users get the benefits of the universal service at reasonable prices. Belgium has not met the conditions set out in the directive.
- Ongoing procedures - final warning: Reasoned opinions have been sent out to eighth Member States which have still not responded satisfactorily to the first warning. - Analysis of incomplete markets: In the case of Estonia and Luxembourg, they have completed only one and four market reviews respectively - (Greece, Lithuania, the Netherlands, Slovakia, Italy and Portugal) where caller location information is not provided for all calls to the Single European Emergency Number 112. - Universal service: a new proceeding was launched against Luxembourg because the national regulatory authority never verified the incumbent's cost accounting system or published an annual statement of compliance, despite an initial warning.
- Cases that have been closed: Due to satisfactory implementation of Community legislation, the Commission has closed nine cases; Market Analysis: the Czech Republic has finally finished its analysis of eighteen markets. - 112 number: For Ireland, Cyprus and Luxembourg, the pending proceedings could be closed after national authorities confirmed that caller location information is now available. - Directories: In France, a comprehensive directory is now available, so this case has also been closed. - Portability: Since number portability is now fully available in Malta, Poland and Slovenia, these three cases have been closed. - Following formal notification by Greece of its national legislation transposing the ePrivacy Directive, this final non-communication proceeding has now been closed. (il)