[cooperation-wg] cooperation-wg Digest, Vol 29, Issue 6

Yes. Thank you for this.

I had started to wonder whether BEREC was not acting in some ways like a "stalking horse" for Council.

It will get even more interesting.

Gordon


On 20 May, 2014, at 16:54, Innocenzo Genna <inno at innogenna.it> wrote:

> Hello all,
> 
> the ’90 telecoms liberalization was made with (flexible) directives, not (rigid) regulations. Also the european regulatory framework for electronic communications services consists of directives, not regulations (the only exception were ULL, for certain time, and then roaming).
> Berec is implicitly challenging the legal instrument chosen by Kroes for the Single Market, i.e. a regulation.  In the past Berec made various analysis about net neutrality infringements throughout Europe, and the result showed quite a diversified situation being caused by absence of rules rather then by the existence of different national legislations. This is the reason why Berec would consider adequate to regulate this matter via a directive rather than a regulation.* 
> 
> However, the original sin (i.e. Kroes’s regulation covering a plurality of different areas) is there and there is no room to change it, in my opinion. However, it could be possible that the Council cut out the entire NN reform and decides that it will be part of the program of the next Commissions. The latter option has been already proposed for other areas of the Single Market proposal.
> 
> I am following the working groups of the Council in the matter of the Single Market and I see that many member States are reiterating their objections against both the proposal of the Commission and the amendments of the Parliament. Thus, the situation is not very promising for the proposal, which will be radically reduced.
> 
> Inno 
> 
> * The use of a regulation is quite intrusive and it has been challenged frequently by national authorities: for example, a proposed regulation for the roll-out and reduction of costs for high-speed networks was converted into directive by the Council and the Parliament. The same challenge was made against the new privacy regulation of Commissioner Reding. In the latter case, however, reding was able to resist because an harmonized directive already existed (95/46/EC), therefore the escalation into a regulation could be justified.   
> 
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