BEREC Opinion on the market and technological developments and on their impact on the application of rights of end-users in the EECC (Article 123)

Article 123 of the Directive 2018/1972, which established the European Electronic Communications Code (EECC), introduces a specific review procedure on end-users rights, where BEREC publishes an Opinion on the market and technological developments regarding the different types of ECS, assessing to what extent Title III of Part III meets the objectives set out in Article 3 of the EECC.

The European Commission, taking utmost account of the BEREC Opinion, is required to publish a Report on the application of Title III of Part III (on end-user rights) and submit a legislative proposal to amend that Title where it considers this to be necessary to ensure that the general objectives set out in Article 3 of the EECC continue to be met.

BEREC adopted its first Opinion in 2021, BoR (21) 177. The periodic review is being taken after 3 years in order to reassess, among other things, the trends and developments that have occurred since 2021, which are having, or might have, an impact on end-user rights.