Report on the outcome of the BEREC electronic voting procedure for the adoption of BEREC Opinion on Article 7a Phase II Case IT/2016/1885

Document number: BoR (16) 149

Document date: 06-09-2016

Date of registration: 06-09-2016

Document type:
E-voting procedures
Author: BEREC Chair

On 28 July 2016 the Commission sent a serious doubts letter (SDL) opening a phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC. The Commission’s doubts concern:
1) Compliance with Article 5(1), 5(2) of the Access Directive in conjunction with Article 8 of the Framework Directive and Article 20 of the Framework Directive;
2) Compliance with the non-discrimination principle as set out in the Article 8(5) (b) of the Framework Directive;
3) Creation of barriers to the internal market.

A dedicated Expert Working Group (EWG) established by the BEREC Office in compliance with the provisions of Article 13 of the Rules of Procedure of the Board of Regulators examined all arguments and prepared a draft BEREC Opinion, which was submitted to the Board of Regulators for comments as part of the urgent electronic voting procedure in the period from 30 August to 1 September 2016. The comments round was followed by a voting round, which was held in the period from 5 to 6 September 2016.

The current document is part of the internal BEREC decision making procedure and therefore is not available to the public.

This current document is a part of internal decision making process and is not available to public.