EN Official Journal of the European Union CE 78/863

(2004/C 78 E/0917)

WRITTEN QUESTION E-3841/03

by Proinsias De Rossa (PSE) to the Commission

(12 December 2003)

Subject: Protection of the consumer interest under the new EU regulatory framework for electronic communications (Directives 2002/20/EC, 2002/21/EC)

The Irish Commission for Communications Regulation, in response to consumer complaints about charge increases and poor services, has stated that the advent of the new EU regulatory framework for electronic communications (Directives 2002/20/EC (1), 2002/21/EC (2)) means that it is no longer the responsible body in this area.

Could the Commission clarify the situation as regards the regulation of retail television operators under the new regulatory framework? Is the Commission in contact with the Irish Government over the apparent regulatory void that now exists in relation to retail broadcasting operators in Ireland? What action is it proposing to take to ensure this matter is addressed?

Answer given by Mr Liikanen on behalf of the Commission

(3 February 2004)

The Irish authorities have notified the Commission that the Commission for Communications Regulation (ComReg) is the designated national regulatory authority (NRA) in Ireland for the implementation of the new Community regulatory framework on electronic communications networks and services. One of ComReg's responsibilities is, therefore, to ensure that users derive maximum benefit in terms of choice, price and quality. More specifically, Directive 2002/22/EC of the Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services, obliges the NRA to ensure a high level of protection for consumers, in particular by ensuring the availability of simple and inexpensive dispute resolution procedures. It also contains a provision to ensure that NRAs are able to require operators to publish comparable, adequate and up-to-date information on the quality of their services.

As regards the specific question of retail television services, it must be stated that the regulation of the provision of TV content services falls outside the scope of the new framework, including the consumer protection measures referred to above. On the other hand, the provision of transmission services for television signals is covered by the new framework. However, this does not automatically imply that regulatory measures should be taken in a Member State in relation to the retail market for these transmission services. The framework primarily addresses wholesale markets, including the wholesale broadcast transmission market, in order to ensure the promotion of competition and to ensure that users derive maximum benefit in terms of choice, price and quality.

It is conceivable that retail broadcast transmission services could be subject to regulation under the new framework, provided that all of the detailed requirements of the framework are met. These requirements are such that NRAs would only be in a position to impose regulatory obligations on retail broadcast transmission services if a market analysis demonstrated that the wholesale market was not competitive and that the imposition of regulatory obligations on operators in that wholesale market would not be sufficient to achieve the competition and consumer protection objectives of the Community framework. Only in this case would regulations, such as some form of price control, be considered as an appropriate and proportionate remedy for the lack of effective competition identified. The Commission has been informed by ComReg that it is currently undertaking its market analysis of the wholesale broadcast transmission market, in conformity with the Community regulatory framework.

While the Commission is not aware at this time of any specific regulatory void in relation to the Community rules as they relate to the provision of broadcast transmission services, including the provisions regarding the protection of users of these services, it is actively monitoring the situation as part of its assessment of the conformity of the measures notified by Ireland to transpose the new framework. The Commission takes note of the suggestions that ComReg may no longer be responsible in this area, and will examine this situation with the Irish authorities to ensure that Ireland is fully meeting its obligations with regard to the framework in general, and the protection of users of broadcast transmission services in particular.

(1) OJ L 108, 24.4.2002, p. 21.

(2) OJ L 108, 24.4.2002, p. 33.