2002/627/EC: Commission Decision of 29 July 2002 establishing the European Regulators Group for Electronic Communications Networks and Services (Text with EEA relevance)
Date: 2002-07-29
Institutions: European Commission
Subjects: EU office or agency, electronic mail, regulation of telecommunications, service, transmission network

L 200/38

EN

Official Journal of the European Communities

30.7.2002

COMMISSION DECISION

of 29 July 2002

establishing the European Regulators Group for Electronic Communications Networks and
Services

(Text with EEA relevance)

(2002/627/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Whereas:

(1)

(2)

(3)

for

electronic

framework

A new regulatory framework for electronic communica-
tions networks and services has been established in
accordance with European Parliament and Council Direc-
tives 2002/21/EC of 7 March 2002 on a common regu-
latory
communications
networks and services (Framework Directive) (1), 2002/
19/EC of 7 March 2002 on access to, and interconnec-
tion of, electronic communications networks and asso-
ciated facilities (Access Directive) (2), 2002/20/EC of 7
March 2002 on the authorisation of electronic commu-
nications networks and services (Authorisation Direc-
tive) (3) and 2002/22/EC of 7 March 2002 on the
universal services and users’ rights related to electronic
communications networks
(Universal
Service Directive) (4).

services

and

National regulatory authorities have been set up in all
Member States to carry out the regulatory tasks specified
in these Directives and as to be notified to the Commis-
sion in accordance with Article 3(6) of the Framework
Directive. In accordance with the Framework Directive,
Member States must guarantee the independence of
national regulatory authorities by ensuring that they are
legally distinct from and functionally independent of all
communications
organisations
networks, equipment or services. Member States that
retain ownership or control of undertakings providing
electronic communications networks and/or
services
must also ensure effective structural separation of the
associated with
regulatory function from activities
ownership or control.

electronic

providing

Detailed responsibilities and tasks of the national regula-
tory authorities differ among the various Member States,
but all of them have at least one national regulatory
authority who is charged with application of the rules
once they have been transposed into national
in
particular the rules concerning day-to-day supervision of
the market.

law,

(1) OJ L 108, 24.4.2002, p. 33.
(2) OJ L 108, 24.4.2002, p. 7.
(3) OJ L 108, 24.4.2002, p. 21.
(4) OJ L 108, 24.4.2002, p. 51.

The need for the relevant rules to be consistently applied
in all Member States is essential for the successful devel-
opment of an internal market for electronic communica-
tions networks and services. The new regulatory frame-
work sets out objectives to be achieved and provides a
framework for action by national regulatory authorities,
whilst granting them flexibility in certain areas to apply
the rules in the light of national conditions.

A European Regulators Group for Electronic Communi-
cations Networks and Services (hereinafter referred to as
the Group) should be established to provide an interface
for advising and assisting the Commission in the elec-
tronic communications field.

The Group should provide an interface between national
regulatory authorities and the Commission in such a way
the internal
as to contribute to the development of
market.
should also allow cooperation between
national regulatory authorities and the Commission in a
transparent manner so as to ensure the consistent appli-
cation in all Member States of the regulatory framework
for electronic communications networks and services.

It

The Group should serve as a body for reflection, debate
and advice for the Commission in the electronic commu-
nications field, including on matters related to the imple-
mentation and revision of Recommendation on Relevant
Product and Service Markets and in drawing up the Deci-
sion on transnational markets.

Close cooperation should be maintained between the
Group and the Communications Committee established
under the Framework Directive. The work of the Group
should not interfere with the work of the Committee.

Coordination should be ensured with the Radio Spec-
trum Committee established under a Decision No 676/
2002/EC of the European Parliament and Council of 7
March 2002 on a regulatory framework for radio spec-
trum policy in the European Community (Radio Spec-
trum Decision) (5),
the Radio Spectrum Policy Group
established under the Commission Decision 2002/622/
EC of 26 July 2002 establishing a Radio Spectrum Policy

(5)

(6)

(7)

(8)

(9)

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

30.7.2002

EN

Official Journal of the European Communities

L 200/39

Group (1) and the Television Without frontiers Contact
Committee, created pursuant to Directive 97/36/EC of
the European Parliament and of the Council (2) on the
coordination of certain provisions laid down by law,
regulation or administrative action in Member States
concerning the pursuit of television broadcasting activ-
ities,

HAS DECIDED AS FOLLOWS:

Article 1

Subject matter

the independent national regulatory
An advisory group of
authorities on electronic
and
communications networks
services, called the European Regulators Group for Electronic
Communications Networks and Services (hereinafter referred to
as the Group), is hereby established.

Article 2

Definition

For the purpose of this Decision: ‘relevant national regulatory
authority’ means the public authority established in each
Member State to oversee the day-to-day interpretation and
application of the provisions of the Directives relating to elec-
tronic communications network and services as defined in
‘Framework’ Directive.

Article 3

Aims

The role of the Group shall be to advise and assist the Commis-
sion in consolidating the internal market for electronic commu-
nications networks and services.

The Group shall provide an interface between national regula-
tory authorities and the Commission in such a way as to contri-
bute to the development of the internal market and to the
consistent application in all Member States of the regulatory
framework for
and
services.

communications networks

electronic

Article 4

Membership

The Group shall be composed of the heads of each relevant
national regulatory authority in each Member State or their
representatives.

The Commission shall be represented at an appropriate level
and shall provide the secretariat to the Group.

Article 5

Operational arrangements

The Group shall elect a chairperson from among its members.
The work of the group may be organised into subgroups and
expert working groups as appropriate.

The chairperson shall convene the meetings of the Group in
agreement with the Commission.

The Group shall adopt its rules of procedure by consensus or,
in the absence of consensus, by a two-thirds majority vote, one
vote being expressed per Member State, subject to the approval
of the Commission.

The Commission shall be represented at all meetings of the
Group and be able to attend all meetings of its subgroups and
expert working groups.

Experts from EEA States and those states that are candidates for
accession to the European Union may participate as observers
in the Group. The Group may invite other experts and obser-
vers to attend its meetings

Article 6

Consultation

The Group shall consult extensively and at an early stage with
market participants, consumers and end-users in an open and
transparent manner.

Article 7

Confidentiality

Without prejudice to the provisions of Article 287 of the
Treaty, where the Commission informs them that the advice
requested or the question raised is of a confidential nature,
members of the Group as well as observers and any other
person shall be under an obligation not to disclose information
which has come to their knowledge through the work of the
Group, its subgroups or expert groups. The Commission may
decide in such cases that only members of the Group may be
present at meetings.

Article 8

Annual report

The Group shall submit an annual report of its activities to the
Commission. The Commission shall transmit the report to the
European Parliament and to the Council, where appropriate
with comments.

At its own initiative or at the Commission’s request the Group
shall advise and assist the Commission on any matter related to
electronic communications networks and services.

Article 9

Entry into force

(1) OJ L 198, 27.7.2002, p. 49.
(2) OJ L 202, 30.7.1997, p. 60.

This Decision shall enter into force the day of its publication in
the Official Journal of the European Communities.

L 200/40

EN

Official Journal of the European Communities

30.7.2002

The Group shall take up its duties on the date of entry into force of this Decision.

Done at Brussels, 29 July 2002.

For the Commission

Erkki LIIKANEN

Member of the Commission