EC opens infringement procedures against 24 states over new telecoms law

5 Feb 2021

The EC has opened infringement procedures against 24 EU member states for failing to enact the new European Electronic Communications Code (EECC, Directive 2018/1972/EU of 11 December 2018) into national legislation by 21 December 2020. By the deadline, only three countries – Greece, Hungary and Finland – notified the EC that they had adopted all necessary measures for transposing the EECC, thus declaring the process complete. Subsequently, the EC has sent letters of formal notice to Belgium, Bulgaria, Czech Republic, Denmark, Germany, Estonia, Ireland, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia and Sweden requesting them to adopt the relevant measures. The aforementioned member states have two months to reply to the formal letters of notice.

The European Electronic Communications Code – which aims to bring the regulatory framework governing the European telecom sector ‘up to date with the new challenges’ – came into force in December 2018, with member states given two years to implement its rules. It is a central piece of legislation to achieve Europe’s Gigabit society and ensure full participation of all EU citizens in the digital economy and society. In line with the Code, in December 2020 the EC adopted the following legislation to reinforce competition, regulatory harmonisation and a level playing field for all market players: a new delegated regulation setting single maximum EU-wide voice termination rates that operators are allowed to charge each other for delivering fixed and mobile calls between their networks, and an updated Recommendation on Relevant Markets, revising the list of predefined markets which the EU national regulatory authorities are required to regularly review.

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden