Commission Proposal for a Regulation of the European Parliament and of the Council establishing the European Electronic Communications Market Authority (hereinafter referred to as ‘EECMA’) - Legal Issues - Montesquieu Instituut

COUNCIL OFBrussels, 21 November 2008

THE EUROPEAN UNIONPUBLIC

16204/08

LIMITE

Interinstitutional File:

2007/0249 (COD)

JUR 525

TELECOM 210

MI 482

DOCUMENT PARTIALLY ACCESSIBLE TO THE PUBLIC COMPET 520

DATAPROTECT 99 CONSOM

193

CAB 59

CODEC 1638

CONTRIBUTION OF THE LEGAL SERVICE

*

From : Council Legal Service

No. Cion prop. : 15408/07 TELECOM 153 MI 299 COMPET 393 DATAPROTECT 51

CONSOM 134 CAB 46 CODEC 1298

Subject : Commission Proposal for a Regulation of the European Parliament and of the Council establishing the European Electronic Communications Market Authority (hereinafter referred to as `EECMA')

• - 

  Legal Issues

I.

INTRODUCTION

At the request of certain Member States the Presidency has asked the Council's Legal Service

("CLS") to provide a written contribution in response to the intervention of the Commission

Legal Service on the Presidency's compromise text and in view of the forthcoming Council of

27 November 2008.

• 2. 

  This contribution, which is based on the oral intervention of the representative of the

Council's Legal Service during the above mentioned Coreper meeting, responds to that

request and is intended to assist the Council in its discussions on the proposed European

Electronic Communications Market Authority (hereinafter referred to as 'EECMA').

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II. THE ISSUES

• 3. 

  The compromise presented by the Presidency establishes a Group of European Regulators in

Telecoms ("GERT"), as opposed to EECMA which is a Community body proposed by the

Commission1. The Presidency compromise retains the form of a Regulation of the Council

and European Parliament as proposed by the Commission. According to the compromise text

however, GERT is devoid of any legal personality, does not receive any Community

financing and is composed of representatives from the national regulatory authorities

("NRAs") competent in the field of telecommunications, who elect their chairperson. The

Commission is present at the meetings and its representative participates in the debates. In

short, GERT is an independent advisory group with clearly circumscribed tasks which are to

• 4. 

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