(6)

Articles 6 and 7 shall be replaced by the following: ‘Article 6 Consultation and transparency mechanism Except in cases falling within Articles 7(10), 20, or 21, and unless otherwise provided in the implementing measures adopted pursuant to Article 9c, Member States shall ensure that, where national regulatory authorities intend to take measures in accordance with this Directive or the Specific Directives ▐ or where they intend to provide for restrictions in accordance with Article 9(3) and 9(4) which have a significant impact on the relevant market , they give interested parties the opportunity to comment on the draft measure within a reasonable period. National regulatory authorities shall publish their national consultation procedures. Member States shall ensure the establishment of a single information point through which all current consultations can be accessed. The results of the consultation procedure shall be made publicly available by the national regulatory authority, except in the case of confidential information in accordance with Community and national law on business confidentiality. In the event of unwarranted dissemination of confidential information, the national regulatory authorities shall ensure that they adopt appropriate measures as soon as possible, at the request of the undertakings concerned. Article 7 Consolidating the internal market for electronic communications 1. In carrying out their tasks under this Directive and the Specific Directives, national regulatory authorities shall take the utmost account of the objectives set out in Article 8, including to the extent that they relate to the functioning of the Internal Market. 2. National regulatory authorities shall contribute to the development of the internal market by working with the Commission and BERT in a transparent manner so as to ensure the consistent application, in all Member States, of the provisions of this Directive and the Specific Directives. To this end, they shall, in particular, work with the Commission and BERT to identify the types of instruments and remedies best suited to address particular types of situations in the marketplace. 3. Except where otherwise provided in implementing provisions adopted pursuant to Article 7b, upon completion of the consultation referred to in Article 6, where a national regulatory authority intends to take a measure which: (a) falls within the scope of Articles 15 or 16 of this Directive, Articles 5 or 8 of Directive 2002/19/EC (Access Directive), and (b) would affect trade between Member States, it shall make the draft measure accessible to the Commission, BERT and the national regulatory authorities in other Member States, at the same time , together with the reasoning on which the measure is based, in accordance with Article 5(3), and inform the Commission, BERT and other national regulatory authorities thereof. National regulatory authorities, BERT and the Commission may make comments to the national regulatory authority concerned only within one month. The one-month period may not be extended. 4. Where an intended measure covered by paragraph 3 aims at: (a) defining a relevant market which differs from those defined in the Recommendation in accordance with Article 15(1); or (b) deciding whether or not to designate an undertaking as having, either individually or jointly with others, significant market power, under Article 16(3), (4) or (5); ║ ▐ and would affect trade between Member States, and the Commission has indicated to the national regulatory authority that it considers that the draft measure would create a barrier to the single market or if it has serious doubts as to its compatibility with Community law and in particular the objectives referred to in Article 8, ║ the draft measure shall not be adopted for a further two months. This period may not be extended. 5. Within the two month period referred to in paragraph 4, the Commission may take a decision requiring the national regulatory authority concerned to withdraw the draft measure. The Commission shall take the utmost account of the opinion of BERT submitted in accordance with Article 5 of Regulation (EC) No …/2008 of the European Parliament and of the Council of … [establishing the Body of European Regulators in Telecom (BERT)] (18), before issuing a decision. The decision shall be accompanied by a detailed and objective analysis of why the Commission considers that the draft measure should not be adopted together with specific proposals for amending the draft measure. 6. Within three months of the Commission issuing a decision in accordance with paragraph 5 requiring the national regulatory authority to withdraw a draft measure, the national regulatory authority shall amend or withdraw the draft measure. If the draft measure is amended, the national regulatory authority shall undertake a public consultation in accordance with the procedures referred to in Article 6, and re-notify the amended draft measure to the Commission in accordance with the provisions of paragraph 3. 7. The national regulatory authority concerned shall take the utmost account of comments of other national regulatory authorities, BERT and the Commission and may, except in cases covered by paragraph 4, adopt the resulting draft measure and, where it does so, shall communicate it to the Commission. Any other national body exercising functions under this Directive or the Specific Directives shall also take the utmost account of the comments of the Commission. ▐ 8. In exceptional circumstances, where a national regulatory authority considers that there is an urgent need to act, by way of derogation from the procedure set out in paragraphs 3 and 4, in order to safeguard competition and protect the interests of users, it may immediately adopt proportionate and provisional measures. It shall, without delay, communicate those measures, with full reasons, to the Commission, the other national regulatory authorities and BERT . A decision by the national regulatory authority to render such measures permanent or extend the time for which they are applicable shall be subject to the provisions of paragraphs 3 and 4.