BEREC Opinion on Phase II investigation pursuant to Article 7 of Directive 2002/21/EC as amended by Directive 2009/140/EC: Case NL/2015/1727 Wholesale local access provided at a fixed location in the Netherlands

On 31 March 2015, the European Commission registered a notification from the Dutch national regulatory authority, Autoriteit Consument & Markt (ACM), concerning the full analysis of the wholesale local access market provided at a fixed location in the Netherlands.

On 30 April 2015, pursuant to Article 7 of the Framework Directive (Directive 2002/21/EC), the Commission informed ACM and the Body of European Regulators for Electronic Communications (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 28 May 2015 BEREC adopted the current opinion on Phase II investigation pursuant to Article 7 of Directive 2002/21/EC as amended by Directive 2009/140/EC: Case NL/2015/1727 -  Wholesale local access provided at a fixed location in the Netherlands.