BEREC Scoping and Discussion document on development of the Update to the BEREC Guidelines on Net Neutrality

"In general, BEREC concludes that the application of both the Open Internet Regulation [1] and the BEREC Net Neutrality Guidelines [2] is working well. It is clear that both the Regulation and the Guidelines could be considered as striking a balance between the views of many stakeholders. From their inputs, BEREC observes that some stakeholders (for example ISPs) would like the BEREC NN Guidelines to be less stringent while others (for example consumer organisations) argue that the BEREC NN Guidelines should be more stringent. There is a consensus among the NRAs of BEREC not to shift the balance and reopen discussions on major topics that were settled in 2016. Nevertheless, BEREC concludes that the Guidelines could, after their application during the first two years, be clarified in certain instances. This will be done in 2019, with the regular involvement of stakeholders via a written consultation on a draft version of updated Guidelines. This Opinion focuses on the major points eligible for clarification; it does not contain a comprehensive list of subjects on which the Guidelines could be clarified. [1] Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015[2] BEREC Guidelines on the Implementation by National Regulators of European Net Neutrality Rules, BoR (16) 127"