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Image header Agence Europe
Europe Daily Bulletin No. 9881
Contents Publication in full By article 18 / 25
GENERAL NEWS / (eu) eu/telecommunications

Commission sends Latvia reasoned opinion over independence of national regulator

Brussels, 14/04/2009 (Agence Europe) - On Tuesday 14 April, the European Commission sent Latvia a reasoned opinion for not following EU rules that guarantee the independence of national telecoms regulators. The Commission wants to make sure that Latvia respects the principle of separation between regulatory and ownership functions in the telecoms sector. Latvia's Ministry of Transport prepares decisions of the government (Cabinet of Ministers) on the allocation of radio frequencies and management of the national numbering plan, which, according to EU telecoms rules are regulatory functions. At the same time, the Ministry of Transport is the designated state institution, which exercises activities related to ownership and control with regard to two fully state-owned communications and network providers - State Information Network Agency (VITA) and Latvian State Radio and Television Centre (LVRTC). EU telecoms rules require member states that retain ownership or control of the companies that provide telecoms networks and/or services to ensure effective structural separation of the regulatory function from activities associated with ownership or control. The Court of Justice in its judgment of 6 March 2008 in Case C-82/07 stated that, where regulatory functions are carried out, even partially, by ministries, member states must ensure that these authorities are neither directly nor indirectly involved in activities associated with ownership or control in companies. Latvian authorities did not address the Commission's concerns in their response to the letter of formal notice of September last year, which is why the Commission sent them the reasoned opinion on Tuesday. (O.L./transl.rh)

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