BEREC Opinion on Phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC: EE/2013/1453 - 1454 Wholesale physical network infrastructure access at a fixed location (market 4) and wholesale broadband access (market 5) in Estonia

On 13 May 2013, the Commission registered a notification by the Estonian national regulatory authority, Estonian Competition Authority (ECA) concerning the wholesale physical network infrastructure access at a fixed location (market 4) and wholesale broadband access (market 5) under cases numbers EE/2013/1453 - 1454.

On13 June 2013,pursuant to Article7a (1) of the FrameworkDirective (Directive 2002/21/EC),the Commission informed ECA and the Body of European Regulators for Electronic Communications(BEREC)ofitsreasons for considering that the draft measure would create a barrier to the internal marke tand 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 and 7a of the Framework Directive, on 25 July 2013 BEREC adopted the current opinion in relation to Phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC: Cases: EE/2013/1453-1454 Wholesale physical network infrastructure access at a fixed location (market 4) and wholesale broadband access (market 5) in Estonia.