BEREC Opinion on Phase II investigation pursuant to Article 7 of Directive 2002/21/EC as amended by Directive 2009/140/EC: Case FR/2014/1670 Wholesale SMS termination on individual mobile networks in France

On 28 October 2014, the European Commission registered a notification by the French Regulatory Authority,  Autorité de Régulation des Communications Electroniques et des Postes, ARCEP, concerning Wholesale SMS termination on individual mobile networks in France, under case number FR/2014/1670.

On 28 November 2014, pursuant to Article7 of the Framework Directive (Directive 2002/21/EC), the European Commission informed ARCEP and BEREC of its reasons for considering that the draft measure would create a barrier to the internal market and communicated its serious doubts as to compatibility of the proposed measure with EU law.

In that respect, as required by Article 3(1)(a) of the BEREC Regulation (Regulation (EC) № 1211/2009) and in relation with Article 7 of the Framework Directive, on 29 December 2014 BEREC adopted the current opinion in relation to phase II investigation pursuant to Article 7 of Directive 2002/21/EC as amended by Directive 2009/140/EC: FR/2014/1670, “Wholesale SMS termination on individual mobile networks in France.