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This report gives an overview of the activities of the NRAs[1] in the course of implementing the Open Internet Regulation (OIR) (Regulation (EU) 2015/2120)[2] and associated BEREC Open Internet Guidelines[3]. This report reflects the seventh year of the application of the OIR, covering the period from 1 May 2022 to 30 April 2023. BEREC has gathered information from 28 NRAs via an internal questionnaire. To this information, descriptions of publicly known open internet cases or investigations that arose throughout the 12-month reporting period have been added. However, this report does not constitute an exhaustive description of the current actions in the field of open internet, which are described in further details in the NRAs’ annual reports on implementing the OIR.
The information in this report, firstly, refers to topical issues and, secondly, is organised according to the provisions of the OIR. The report shows that NRAs have actively implemented the OIR, monitoring activities have become an ongoing activity and the interaction with the ISPs evolves year after year.
[1] NRA is used in this report as reference to the National Regulatory Authority in the meaning of Article 5(1) of Regulation (EU) 2015/2120 as they have been designated by the national legislator. These do not fully correspond to the NRAs that are BEREC members and observers. See Question 1 below.
[2] This report refers as “the OIR” to the open internet rules contained in Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union.
[3] The 2016 BEREC Guidelines on Net Neutrality were applicable until 11 June 2020 when they were replaced by the 2020 BEREC Guidelines on Open Internet published on 11 June 2020 which were updated and published on 09 June 2022 (BoR (22) 81). This report refers to “BEREC OI Guidelines”.