COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS PROGRESS REPORT ON THE SINGLE EUROPEAN ELECTRONIC COMMUNICATIONS MARKET 2009 (15TH REPORT) SEC(2010)630
Date: 2010-05-25
Institutions: European Commission
Subjects: Internet, consumer protection, digital technology, electronic mail, regulation of telecommunications, report, telecommunications, transmission network

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EUROPEAN COMMISSION 

Brussels, 25.8.2010 
COM(2010) 253 final/3 

CORRIGENDUM: 
Annule et remplace le document COM(2010) 253 final du 25.5.2010 
Concerne toutes les versions linguistiques 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

PROGRESS REPORT ON THE SINGLE EUROPEAN ELECTRONIC 
COMMUNICATIONS MARKET 2009 (15TH REPORT) 
SEC(2010)630 

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1. INTRODUCTION 

This  Communication  reports  on  market  and  regulatory  developments  in  the  EU’s  electronic 
communications sector in 2009.1  

Whilst  the  current  EU  regulatory  framework  has  brought  benefits  to  European  citizens  in 
terms  of  innovative  and  increasingly  affordable  electronic  communications  services  some 
serious  obstacles  still  need  to  be  overcome.  There  are  still  concerns  regarding  the 
independence  and  the  effectiveness  of  national  regulatory  authorities  (NRAs).  Significant 
differences  in  wholesale  and  retail  prices  across  Member  States  cannot  be  justified  by  the 
characteristics  of  the  markets  alone  but are also  the result  of diverse  regulatory approaches. 
For  example,  the  wholesale  mobile  termination  charges  in  the  Member  States  with  the  five 
most expensive charges are on average 2.5 times higher than in the Member States with the 
five  cheapest  charges.  Similarly,  the  average  retail  mobile  price  per  minute  is  almost  four 
times higher on average in the Member States with the five most expensive tariffs compared 
to the five cheapest tariffs. These differences are exacerbated by a failure to apply remedies in 
a consistent, timely, transparent and predictable manner and by the lack of NRAs' capacity to 
act in the face of new technological and market developments. Consumers and businesses are 
still faced with 27 different markets and are thus not able to take advantage of the economic 
potential of a single market.  

Electronic communications markets such as voice telephony are maturing and growth in the 
sector  is  slowing  down.  Future  sustainable  growth  will  require  new  service  innovation  and 
business  models.  It  is  now  imperative  to  move  to  the  next  generation  environment,  with  its 
new opportunities and challenges. This transition requires significant investment in enhancing 
the capacity of fixed and mobile networks. 

On 19 May 2010, under the umbrella of the Europe 2020 strategy2, the Commission adopted a 
Digital  Agenda3  setting  out  a  number  of  policy  measures  to  boost  the  digital  economy,  to 
stimulate  the  transition  to  a  high-speed  environment  and  to  strengthen  the  single  online 
market. These measures need to be accompanied by consistent regulatory approaches and the 
efficient  enforcement  of  remedies.  Furthermore,  the  revised  regulatory  framework4  which 
entered into force on 19 December 2009 will need to be properly transposed and applied in a 
timely manner by Member States.  

2. MARKET DEVELOPMENTS 

Although  the  sector  weathered  the  economic  downturn  in  2009,  the  maturing  nature  of 
traditional markets such as fixed and mobile voice telephony presents significant challenges 
to growth. The rapid rate of growth witnessed since liberalisation has slowed in recent years. 
Increases in data revenues are not yet compensating for declining voice revenues.  

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2 
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4 

Unless otherwise indicated the situation is described as of 31 December 2009 and the market data are 
those applying on 1 October 2009 
COM (2010) 2020 
A Digital Agenda for Europe 
OJ L 337 of 18.12.2009 

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The  economic  climate  weakened  user  spending.  Large  cost-cutting  plans  combined  with 
factors such as business models based on flat-rate products have, however, ensured continued 
profitability.  Investment  declined  and  largely  focused  on  fixed  networks.  In  most  countries, 
however, investment in next generation access networks is still limited, though spurred on by 
cable competition and investments by local authorities. While it will be difficult to return to 
the growth rates of the past, there are good prospects  for achieving  positive  growth  rates in 
2010/2011, thanks to GDP recovery and increased user spending.  

In  2008,  revenues  in  the  electronic  communications  sector  amounted  to  €351  billion  in  the 
EU, which represents about half of the ICT sector overall. Seven of the ten largest telecoms 
operators in the world are European. 43% of the electronic communications sector revenues 
are  driven  by  fixed  voice  telephony  and  fixed  internet  access  (including  business  data 
services),  47%  by  mobile  services  (voice  and  data)  and  the  remaining  10%  by  Pay  TV5. 
According to the European Information Technology Observatory (EITO), growth in 2009 was 
close to zero (Table 1): 

Table 1 

Fixed voice telephony and Internet access and services 

fixed voice telephony  
internet access and services 

Mobile voice telephony and mobile data services 

mobile voice telephony 
mobile data services 

Business data services 
Pay TV 

Total Telecom Services  

(Carrier Services) 

Source: EITO (2009) 

Broadband 

Growth rate 

-2.5% 

-6.3% 
5.6% 

-1.8% 
9.3% 

0.6% 

0.6% 
11.7% 

0% 

Share in telecom 
service revenues 

24%
12%

36%
11%

36% 

47% 

7% 
10% 

100% 

In 2009, some Member States (e.g. the Netherlands, Denmark) were world leaders in terms of 
penetration.  The  average  fixed  broadband  penetration  rate  reached  24.8%6  which  represents 
an  increase  of  2  percentage  points  compared  to  the  previous  year’s  figures,  although  the 
growth rate has slowed by more than one third. 

5 

6 

Revenues from pay TV services include total subscription revenues from Pay-TV channels and services 
(i.e. premium channels and satellite, cable, ADSL and terrestrial bouquets) 
Penetration rate based on population as of 1 January 2010 

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Figure 1 

Broadband penetration rate, January 2010 

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Most  broadband  lines  are  based  on  xDSL  technologies.  The  deployment  of  high-capacity 
broadband is still limited, with about a quarter of lines providing more than 10 megabit per 
second (Mbps). Europe is falling behind when it comes to next generation access. Lines based 
on fibre to the premises7 only represent between 1.8% and 5% of all fixed broadband lines, 
pointing to the need to improve the conditions for the deployment of next generation access 
networks (NGAs). Retail prices declined, mostly as a consequence of speed upgrades and flat-
rate based bundled offers.  

Since July 2003 the market share of the incumbent operators in the fixed broadband market 
has declined  and  is now stabilising at 45% (48.3% if resale is included). However, in some 
countries  the  incumbents  are  regaining  market  share.  Local  loop  unbundling  has  grown 
(73.7% of new entrants DSL lines, up from 69.2% in January 2009), mostly at the expense of 
resale,  which  shrunk  from  12.9%  of  new  entrants'  DSL  lines  in  January  2009  to  9.4%  in 
January 2010. Unbundled local loops allow entrants to offer triple play services including TV 
over IP.  

Mobile 

While  much  of  the  growth  of  recent  years  has  been  driven  by  mobile  communications,  the 
sector  is  now  at  a  crossroads.  While  accounting  for  more  than  80%  of  overall  mobile 
revenues, the share of voice communications in terms of traffic is declining to the benefit of 
data, which puts great pressure on network capacity. Mobile internet revenues only drive 4% 
of the total mobile revenues. The average penetration of dedicated mobile broadband cards is 
growing rapidly the penetration rate being 5.2% compared with 2.8% in January 2009(Figure 
2).  In  Finland,  Portugal  and  Austria  the  penetration  rate  exceeds  15%.  Convergence  has 
become a reality with mobile operators adapting their business models as new actors such as 
internet service providers and manufacturers enter the mobile broadband market. 

7 

Including  fibre  to  the  home  (FTTH)  and  fibre  to  the  building  (FTTB)  accompanied  with  local  area 
network (LAN) solutions, but excluding so called VDSL (Very high Bit Rate DSL) technologies. 

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Figure 2 

Mobile broadband penetration rate - dedicated data service 
cards/modems/keys only,   January 2010

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12%

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EU average January 2009

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Data not available for Bulgaria and Hungary

3. REGULATORY ENVIRONMENT 

Institutional framework 

Independence of NRAs 

The independence of NRAs is key to safeguarding fair and effective regulation. The need to 
ensure  effective  structural  separation  of  Member  States'  regulatory  functions  from  activities 
associated  with  ownership  or  control  of  operators  has  given  rise  to  ongoing  infringement 
proceedings against Latvia, Lithuania and Romania. 

The dismissal of NRA chairpersons led the Commission to take action against Member States 
(Romania, Slovakia) and to launch an investigation into the criteria for dismissal in Slovenia. 
The revised regulatory framework requires Member States to ensure that the head of the NRA 
can be dismissed only if s/he no longer fulfils the conditions required for the performance of 
his/her duties which are laid down in advance in national law. The Commission will continue 
to  focus  its  attention  on  this  in  the  run-up  to  the  implementation  of  the  revised  regulatory 
framework.  

NRA powers and resources 

As  stated  by  the  European  Court  of  Justice  NRAs  must  have  all  necessary  powers  to 
undertake their duties8. 

The  revised  regulatory  framework  requires  that  NRAs  have  adequate  financial  and  human 
resources  to  carry  out  the  tasks  assigned  to  them.  In  several  Member  States,  the  difficult 
economic  situation  makes  it  even  more  challenging  to  guarantee  sufficient  resources. 

8 

C-424/07 

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Although most NRAs seem to be well equipped to carry out their regulatory tasks, the issue of 
limited resources was reported in a number of Member States.  

Appeals 

Access to an effective judicial review of NRA decisions is a fundamental right of all affected 
parties.  Following  the  interpretation  of  'affected  party'  given  by  the  European  Court  of 
Justice9, changes in previous practice have been reported. In Austria, the NRA now involves 
all relevant stakeholders in the market review proceedings. In Sweden new legislation enables 
all market players and users to appeal against the NRA's decisions.  

The  time  and  resources  consumed  by  appeal  proceedings  remain  a  serious  challenge  for 
effective  regulation  and  legal  certainty.  This  was  reported  to  be  the  case  e.g.  in  Belgium, 
Greece,  Luxembourg,  Poland,  Portugal,  Sweden  and  the  UK.  In  some  cases  regulators  are 
concerned that the number of appeals and disputes is affecting their work plan.  

Regulatory measures 

Market analysis and remedies10 

While  some  NRAs  advanced  with  their  regular  periodic  reviews  and/or  addressed  the  key 
bottlenecks  with  more  effective  remedies  tailored  for  a  next  generation  environment  (e.g. 
access to unbundled fibre loops in the Netherlands), other regulators produced limited results 
(e.g.  Belgium,  Luxembourg).  Romania  and  Bulgaria,  whilst  making  progress,  have  yet  to 
finalise  their  first  round  market  reviews.  In  certain  cases,  remedies  are  outdated  when  they 
finally become available, e.g. ATM bitstream in Germany. Lack of clarity in remedies further 
delays  their  take-up  and  also  tends  to  provoke  disputes  which  further  consume  regulators' 
resources. 

Further to the Community consultation mechanism, the Commission uses its implementation 
powers issuing Recommendations to reinforce consistent regulation. The enhanced role of the 
Commission in remedies and the new institutional set-up provided in the revised framework 
will need to be exploited effectively to enhance consistency. Particularly vital is timely action 
taken by Body of European Regulators for Electronic Communications (BEREC). 

Broadband 

The  competitive  situation  in  broadband  markets  has  recently  stagnated  or  even  reversed  in 
some Member States. This is partly because remedies were not enforced in an effective and 
timely  manner.  In  some  cases,  important  access  products  have  been  made  available  only 
recently,  e.g.  naked  DSL  in  the  Czech  Republic,  Cyprus  and  Slovenia  or  bitstream  in 
Slovakia. The relevant reference offers, such as for ADSL or VDSL, are sometimes delayed 
(e.g. in Italy, Germany, Belgium, Bulgaria or Luxembourg).  

The current market trend towards bundled products is significantly affecting the competitive 
dynamics  and  is  creating  an  additional  regulatory  challenge  for  NRAs.  It  is  necessary  to 
examine the extent to which available wholesale access products enable alternative operators 
to compete with the incumbents' bundles at retail level.  

9 
10 

C-426/05 
See also the Communication on Market Reviews under the EU Regulatory Framework (3rd report). 

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Whilst  some  NRAs  included  fibre  in  the  wholesale  broadband  markets  and  have  imposed 
obligations  (e.g.  the  Netherlands,  Finland,  Latvia,  Estonia)  others  excluded  fibre  from  the 
market  or  did  not  regulate  it  (e.g.  France,  Germany,  Italy,  Cyprus,  Greece,  Luxembourg, 
Sweden).  The  Netherlands  have  imposed  an  obligation  of  unbundling  fibre  loops.  Some 
NRAs have differentiated the remedies imposed on fibre and copper networks (e.g. Estonia, 
the Netherlands and Finland).  

In  order  to  foster  the  deployment  of  NGAs,  legislative  measures  have  been  taken  (e.g.  in 
Portugal, Austria, France, Slovenia) to facilitate access to physical infrastructure and facility 
sharing.  In  addition,  access  to  passive  infrastructure  has  been  imposed  by  many  NRAs,  in 
order  to  facilitate  network  deployment  by  alternative  operators  (e.g.  Denmark,  Greece, 
Estonia, Slovenia, Portugal, Germany, France, Spain). Measures in relation to in-house wiring 
have been adopted by means of symmetric obligations in France, Portugal and Spain. 

Further consistency, transparency and legal certainty are needed in regulatory measures such 
as those concerning the migration from copper to fibre. To this effect, the Commission will 
adopt a Recommendation on regulated access to NGAs in the course of 2010. 

Mobile 

Mobile termination rates (MTRs) continued  to fall (by 18.4%  compared to 14.8% in 2008), 
but  still  with  significant  discrepancies  between  Member  States  (Figure  3).  The  rates  are 
lowest  in  Cyprus  (1.95  €cents)  while  Bulgaria   has  the  highest  (12.4  €cents).  MTRs  remain 
high when compared to fixed interconnection rates. Divergences in the regulatory treatment of 
termination  rates  create  distortions  of  competition  and  hinder  the  development  of  the  single 
market. That is why the Commission adopted a Recommendation for the regulatory treatment 
of  fixed  and  mobile  call  termination  rates11.  Further  reductions  are  expected  when  NRAs 
implement the Recommendation. 

Figure 3 

Interconnection charges for call termination on mobile networks 
(national average on the basis of subscribers)
EU average Oct. 2009:  6.70€-cents

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 October 2008

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AVERAGE 2009

11 

OJ L 124, 20.05.2009, p.67 

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Fixed 

Retail  voice  calls  markets  were  further  deregulated  in  United  Kingdom,  Slovenia,  the 
Netherlands,  Malta,  Spain,  Austria  and  Germany.  Retail  leased  lines  market  regulation  was 
withdrawn  in  Finland,  Germany,  Czech  Republic  and  Italy.  At  the  wholesale  level 
deregulation  took  place  in  transit  markets  (Sweden,  Spain,  Germany)  and  in  the  market  for 
trunk  segments  of  leased  lines  (Italy,  Poland,  Spain).  Actions  by  NRAs  in  relation  to  fixed 
termination  have  resulted  in  a  modest  reduction  in  the  levels  of  average  fixed  termination 
rates. However the levels of such rates still remain diverse (Figure 4).  
Figure 412 

Divergences  in  termination  rates  among  Member  States  (Figure  5)  have  not  decreased  over 
the last years. Variations for fixed termination rates are slightly increasing. 

12 

Local level not applicable in Latvia 

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Divergence between EU-27 Member States Interconnection tariffs
Fixed and mobile termination rates 

Figure 513 

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50%

40%

30%

20%

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October 2006

October 2007

 October 2008

 October 2009

Mobile termination rates

Fixed Termination rates (single transit)

Spectrum management  

Digital dividend 

The  immediate  regulatory  actions  recommended  by  the  Commission  are  to  complete  the 
switchover  from  analogue  to  digital  broadcasting  by  1  January  2012  and  to  draw  up 
harmonised conditions of use for the 790-862 MHz sub-band14. Coordinated action is needed 
to  open  up  the  digital  dividend  spectrum  for  different  services,  as  this  will  create  an 
opportunity  particularly  for  wireless  broadband  network  operators  to  gain  valuable  radio 
spectrum,  which  in  turn  is  expected  to  reinforce  competition  in  the  provision  of  broadband 
services. 

Several Member States adopted strategic decisions on the use of the digital dividend and some 
have announced their intentions as regards its assignment. In particular, auctions of the digital 
dividend  spectrum  will,  reportedly,  be  held  in  2010  in  Germany,  the  UK  and  Sweden. 
Denmark has already announced that the digital dividend will be used for purposes other than 
broadcasting, in particular for mobile broadband, and France has similar plans.  

Spectrum liberalisation 

More Member States took steps towards the introduction of market-based approaches to their 
spectrum  management  practices.  The  revised  GSM  Directive15 provides for the introduction 
in the 900 MHz band of new wireless services, starting with UMTS services. Many Member 
States had taken regulatory measures to allow the use of 900 MHz and 1800 MHz frequency 
bands for services relying on technologies other than GSM. 

13 
14 
15 

The coefficient of variation is the ratio of the standard deviation to the mean  
COM(2009) 586 and C(2009) 8287 
OJ l 274, 20.10.2009, p. 25 

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Mobile Satellite Services (MSS) 

Following  a  Decision  of  the  European  Parliament  and  the  Council16  on  the  selection  and 
authorisation of systems providing MSS, a Community selection procedure was completed in 
May 2009. As a result, two operators were chosen to provide services. Member States need to 
take swift steps to authorise and to monitor the development of these systems. 

4. CONSUMER INTEREST 

Broadband speeds and prices 

Most broadband lines in Europe are above 2 Mbps and the share has been increasing (figure 
6).  Broadband  retail  prices  declined,  although  less  than  in  the  previous  year.  Users  have 
increasingly been receiving faster internet access for similar prices.  

Figure 6 

100%

90%

80%

70%

60%

50%

40%

30%

20%

10%

0%

Broadband subscribers by download rates and broadband (median) prices in the EU, 2007- 2009

€ 71.53

€ 51.33

4-8 Mbps:
€  56.73

2-4 Mbps:
€  49.63 

€ 39.38

€ 36.17

€ 33.17

 Dec. 2007

 47.80

 41.28

4-8 Mbps:
 39.35

2-4 Mbps:
 31.54

 31.72

€  28.75

€  41.43

€  33.61

4-8 Mbps:
€  33.61

2-4 Mbps:
€  26.65

€  25.81

€  30.59

€  31.91

 Dec. 2008

 Dec. 2009

up to 512 kbps

512 kbps-1Mbps

1-2 Mbps

2-8 Mbps

8-30 Mbps*

> 30 Mbps*

100 Mbps

Source: EC estimates for breakdown of lines by speeds. Price data based on Van Dijk Managament Consultants 

Mobile prices 
The  Roaming  Regulation17  has  significantly  lowered  roaming  charges  and  improved  tariff 
transparency for mobile phone users travelling within the EU.  

The  average  price  per  minute  of  mobile  communications  declined  from  €0.14  in  2007  to 
€0.13  in  2008.  Strengthened  competition,  enhan ced  by  more  effective  regulation  of 
termination rates, has led to a growth in flat-rate offers thereby bringing down retail prices. 
The most significant declines in percentage took place in Finland and Latvia (Figure 7), but 
prices still vary widely from €0.04 in Latvia  to €0.24 in Malta. These  differences cannot be 
explained  by  market  characteristics  alone  thereby  indicating  that  there  is,  as  yet,  no  single 
market.  

16 
17 

OJ L 172, 02.07.2008, p.15 
OJ L 167, 29.6.2009, p.12 

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Mobile price per minute of voice communication, Full year 

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LV

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IE

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PL

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SK UK

CZ

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FR DE HU ES

BE NL

LU MT

EU

Fixed prices 

Fixed voice telephony tariffs increased in 2009. Despite a general downward trend over the 
past  decade,  the  price  of  the  3-minute  local  call  increased  by  3.7%  in  200918,  while  the  3-
minute national call increased by 4.8%. The 10-minute local call increased slightly by 0.5%, 
while  the  10-minute  national  call  increased  by  4.1%  (Figure  8).  Since  2007,  prices  of  retail 
local calls have increasingly diverged and fragmentation for the price of national voice calls 
has not declined over time (Figures 9 and 10). 

Figure 8 

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70

60

50

40

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Local and national call charge, 3 min

EU27 weighted average

65,2

51,7

41,1

36,4

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11,6

12,4

12,2

12,2

12,2

12,3

12,5

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1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

Local call charge, 3 min

National call charge, 3 min

18 

OECD methodology  

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11 

   EN 

 
 
 
 
€
 
 
 
 
                                                 
Increasing divergence between Member States in the price of retails calls
Local call

2003

2004

2005

2006

2007

2008

2009

Local call 10 min

Local call 3 min

Increasing divergence between Member States in the price of retails calls
National call

Figure 9 

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45%

40%

35%

30%

25%

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Figure 10 

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70%

60%

50%

40%

30%

20%

10%

0%

2003

2004

2005

2006

2007

2008

2009

National call 10 min

National call 3 min

Tariff transparency 

Several  Member  States  reinforced  transparency  through  new  legislation  (e.g.  Romania, 
Portugal, France, United Kingdom, Spain, Lithuania, Poland, Hungary and Slovenia). 

Some  Member  States  reinforced  transparency  obligations,  codes  of  conducts  or  price  caps 
with regard to premium rate and value added services including. 

Regarding quality of service, most attention was focused on internet services, in particular on 
broadband speeds. Some NRAs (e.g. Denmark, Latvia, Greece) continued to develop IT tools 
which allow end-users to test their actual broadband speeds.  

EN 

12 

   EN 

 
 
 
 
 
 
The revised regulatory framework further strengthens the requirement to provide transparent 
information on prices and service conditions.  

Universal service 

Actions  taken  with  regard  to  universal  services  are  twofold.  First,  several  Member  States 
carried out new designation procedures for some or all elements of existing universal service 
obligations.  Second,  Member  States  increasingly  considered  including  broadband  services 
within the scope of universal service. In a number of Member States, universal service is still 
provided under a transitional regime or via legislation without a designation procedure. The 
Commission has emphasised the need to carry out designations swiftly. Although the number 
of requests for compensation is increasing, the financing mechanism for universal service has 
not been activated in most Member States. Due to administrative delays, court proceedings or 
updates  of  net  cost  calculation  methodologies,  compensation  through  a  Universal  Service 
fund is only in place in France, the Czech Republic and Romania. 

Several Member States have been relaxing obligations relating to services which are delivered 
by  the  market  or  which  are  considered  to  be  of  declining  significance.  For  instance,  in  the 
Czech Republic, Estonia, Italy, Finland, Ireland and Austria no undertaking is designated to 
provide comprehensive directories and directory enquiry services. In Germany, Luxembourg 
and Sweden universal service is provided without a formal designation. 

Infringement  proceedings  for  incorrect  implementation  are  still  pending  against  Belgium, 
Portugal and Spain. Moreover, the Danish financing mechanism is currently under scrutiny.  

Users' access to the Internet and network management 

The  digital  economy  builds  on  the  availability  of  innovative  services  and  applications.  The 
revised regulatory framework strengthens transparency requirements and provides the NRAs 
with powers to set quality of service parameters so as to prevent the degradation of services 
and the hindering or slowing down of traffic. Net neutrality has been identified as an issue in 
some  Member  States  mainly  in  the  context  of  mobile  operators  either  preventing  access  or 
applying differentiated pricing strategies to VoIP services. In some Member States legislative 
initiatives to protect intellectual property rights sparked a debate on how to strike a balance 
between  end-users'  rights  and  the  need  to  safeguard  the  legitimate  interests  of  intellectual 
property  rights  owners.  The  Commission  will,  in  line  with  its  Declaration  to  the  European 
Parliament19, keep developments under close scrutiny.  

Number portability 

Number portability is now available in all Member States. The timing and the level of charges 
are  important  factors  affecting  the  porting  of  numbers.  Significant  reductions  in  time  limits 
were introduced (Portugal, Netherlands, Slovakia, Poland, Czech Republic) or were planned. 
The average porting times for mobile and fixed numbers in October 2009 was 4.1 days and 
5.9  days  compared  with  8.5  and  7.5  days  in  October  2008,  respectively.  Improvement  is 
needed  as  the  revised  regulatory  framework  requires  that  porting  be  carried  out  within  one 
working day. 

19 

OJ L 337, 18.12.2009, p.37-69 

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13 

   EN 

                                                 
Figure 11 

Figure 12 

Time taken in number of days for fixed number portability. October 2009 (European 
average: 5.9 days) 

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0

DE BE LV NL SI FR UK ES CY LT MT AT SK FI PT HU IE CZ IT RO EE EL PL BG SE

Whilst  in  some  countries  no  wholesale  charges  for  fixed  numbers  are  levied,  in  Slovakia 
operators  charge  each  other  €50.  For  mobile  numbers,  no  wholes ale  charges  are  applied  in 
seven Member States in contrast to the high charges of €33 and €21 in Slovakia and the Czech 

EN 

14 

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Republic.  In  some  Member  States  customers  are  also  charged  at  retail  level  for  porting 
numbers. Such charges deter people from requesting number portability.  

European emergency number 112 

The  Commission  remains  committed  to  guarantee  the  safety  of  European  citizens  when 
travelling abroad through the availability of the EU wide emergency number 112. In the vast 
majority of cases the provision of 112 services is now compliant with European law.  

The  Commission's  services  are  currently  investigating  issues  related  to  the  availability  of 
caller location information in some Member States. An infringement is still pending against 
Italy regarding the provision of caller location information 

Member States must ensure that citizens are informed about the availability of 112. Currently, 
only one out of four EU citizens is aware that they can call 112 across the EU. A number of 
measures  have  also  recently  been  taken  at  the  European  level  in  order  to  enhance  public 
awareness20.  In  February  2009,  the  Commission,  the  European  Parliament  and  the  Council 
declared  11  February  as  the  'European  112  Day'.  According  to  the  Roaming  Regulation, 
mobile phone users receive an SMS on the availability of 112 when they travel abroad.  

The revised regulatory framework further reinforces the provisions relating to caller location 
information and awareness raising, and the Commission will continue to work with Member 
States  to  ensure  that  European  citizens  reap  the  full  benefits  of  the  single  European 
emergency number. 

ePrivacy 

National  rules  on  privacy  should  be  fit  for  purpose  in  the  new  digital  economy.  The 
Commission  launched  infringement  proceedings  against  the  UK  for  incorrectly  transposing 
EU  rules  on  confidentiality  of  communications.  The  issues  involve  user  consent,  lack  of 
sanctions  in  the case of infringements and absence of an  independent authority to  supervise 
interception  activities.  Other  Member  States  are  taking  measures  to  ensure  the  integrity  and 
security  of  electronic  communications  (e.g.  Malta,  Sweden)  and  to  raise  awareness  about 
online security risks (Slovakia, the Netherlands, Sweden). 

A recent study21 on actions to deal with spam, spyware and malicious software confirms the 
need  for  the  legislative  changes  which  are  included  in  the  revised  regulatory  framework. 
These  changes  include  clearer  and  more  consistent  enforcement  rules  and  dissuasive 
sanctions, better cross-border cooperation, and adequate resources for national authorities in 
charge of protecting citizens' online privacy. 

The Commission will continue working to enhance consumer trust and confidence so that the 
full potential of the EU digital economy can be exploited. 

20 
21

http://ec.europa.eu/information_society/activities/112/index_en.htm 

http://ec.europa.eu/information_society/policy/ecomm/doc/library/ext_studies/privacy_trust_po

licies/spam_spyware_legal_study2009final.pdf 

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15 

   EN 

                                                 
 
5. CONCLUSIONS 

To  move  closer  to  a  true  single  market,  it  is  vital  to  step  up  efforts  to  address  the  issues 
identified  in  this  Communication.  The  Commission will  continue  to  closely  monitor  market 
developments so that problems can be tackled swiftly. In line with the Digital Agenda and the 
measures  it  outlines  on  spectrum,  universal  service,  the  regulatory  treatment  of  NGAs  and 
privacy, the Commission will also take a number of targeted measures: 

(1) 

(2) 

(3) 

to  address  the  divergences  in  regulatory  approaches  and  the  lack  of  timely  and 
effective enforcement of remedies;  

to  lay  solid  foundations  for  a  correct  and  timely  implementation  of  the  revised 
regulatory framework and;  

to  ensure  an  effectively  functioning  Body  of  European  Regulators  for  Electronic 
Communications (BEREC).  

These measures will in turn strengthen competition for the benefit of consumers and ensure 
that operators function in an environment which allows them to adapt their business models to 
new realities.  

EN 

16 

   EN