6.

Articles 6 and 7 shall be replaced by the following: ‘Article 6 Consultation and transparency mechanism Except in cases falling within Articles 7(9), 20, or 21, 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. 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 insofar as they relate to the functioning of the internal market. 2. National regulatory authorities shall contribute to the development of the internal market by cooperating with each other and with the Commission and GERT 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, cooperate with the Commission and GERT 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 recommendations or guidelines adopted pursuant to Article 7a 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, GERT, and the national regulatory authorities in other Member States, together with the reasoning on which the measure is based, in accordance with Article 5(3), and inform the Commission, the GERT and other national regulatory authorities thereof. National regulatory authorities, the GERT 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); or (c) imposing, amending or withdrawing an obligation on an operator in application of Article 16 in conjunction with Articles 5 and 9 to 13 of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive), 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. The Commission shall inform other national regulatory authorities of its reservations in such a case. 5. Within the two-month period referred to in paragraph 4, the Commission may: (a) take a decision in relation to the draft measure referred to in paragraph 4(a) and 4(b) requiring the national regulatory authority concerned to withdraw the draft measure, and/or (b) issue an opinion in relation to the draft measure referred to in paragraph 4(c), or (c) take a decision to lift its reservations in relation to a draft measure referred to in paragraph 4. The Commission shall take utmost account of the opinion of the GERT before issuing a decision or an opinion under points (a) to (c). A decision or opinion under points (a) and (b) 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. Where the Commission has adopted a decision in accordance with paragraph 5(a) requiring the national regulatory authority to withdraw a draft measure, the national regulatory authority shall amend or withdraw the draft measure within six months of the date of the Commission's decision. When 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 shall 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, the GERT and the Commission and may, except in cases covered by paragraph 4(a) and (b), adopt the resulting draft measure and, where it does so, shall communicate it to the Commission. Where the national regulatory authority decides to amend the draft measure according to the opinion issued under paragraph 5(b), it shall, within six months of the date of the Commission's opinion, undertake a public consultation in accordance with the procedures referred to in Article 6 and communicate the amended measure to the Commission. Where the national regulatory authority decides not to amend the draft measure on the basis of the opinion issued under paragraph 5(b), it shall also publish the reasons justifying its decision and shall communicate those reasons to the Commission within six months of the date of the Commission's opinion. 8. The national regulatory authority shall communicate to the Commission and the GERT all final measures which fall under Article 7(3)(a) and (b). 9. In exceptional circumstances, where a national regulatory authority considers that there is an urgent need to act, in order to safeguard competition and protect the interests of users, by way of derogation from the procedure set out in paragraphs 3 and 4, 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 authority, and GERT. 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.’;