Something substantially simpler? A “Superagency” for peer-review

Posted on September 20, 2007 | Filed Under communication technologies 

Most likely, the “end of October 2007″ (formerly known as the “end of 2006″ and the “first half of 2007″ - for details see this post) will turn out to be 13 November 2007: the date when Commissioner Reding will finally unveil the Commission’s proposals for changes to the EU framework for electronic communications networks and services. Currently, the proposals are still undergoing interservice consultation in the Commission, but basically the texts are no secret to anyone in the industry.

One of the cornerstones of the “2007 Reform”, as it is now called, is the creation of a new Community Authority, the “European Electronic Communications Market Authority” (also known as the “superagency”, although - unlike the “Agency for the Cooperation of Energy Regulators” that was presented yesterday as part of the Commission’s “3rd energy package” - it is formally not an agency, but an “Authority” - but terminology might very well be streamlined in the legislative process).

As I have already pointed out at a time when I did not yet have the full texts, the main focus of the Authority will not be in formal decision making, but rather in advising, assisting, and supporting the Commission. Incidentally, the creation of a new authority with 110 full-time-equivalent staff is sold by the Commission in its explanatory memorandum as “something substantially simpler and more efficient.”

The tasks of the Authority as laid down in Article 2 of the proposed regulation will be to

  • a) issue opinions on request of the Commission or on its own initiative;
  • b) assist the Commission by preparing measures to be taken for the implementation of the provisions described in this Regulation. The Authority shall also provide the Commission with the necessary technical and administrative support to carry out its tasks;
  • c) assist the Community and its Member States in their relations with third countries and represent European regulatory authorities in discussions and exchanges with third countries;
  • d) provide guidelines and advice for market players and national regulatory authorities on regulatory issues;
  • e) exchange, disseminate, collect information and undertake studies in areas relevant to its activities and;
  • f) carry out other tasks within its remit.

The decision-making Executive Board (usually meeting every other month at an estimated cost of 30.000 Euros per meeting) is comprised of the heads of NRAs. As one of its main tasks is commenting on NRA-decisions brought before it by the Commission, it will be interesting to see whether this “jury of peers” will really act independently or whether there will be some trade offs.

And then there is one issue which is a real novelty: when an NRA does not complete a market analysis within the timeframe that will be set in Article 16 of the Framework Directive (in general one year for new markets, and every two years for existing markets), the Commission - according to the proposed Article 16 (7) of the Framework Directive - may request the Authority to complete a market analysis in lieu of the NRA and give an opinion (including draft measures, remedies and all). Then the Commission will issue a decision directing the NRA what to do. So in this case the Authority, otherwise merely assisting, advising, and supporting, may well be something like the SWAT-team of the Commission.

(And to round it all off with Shakespeare again: “More authority, dear boy, name more; and, sweet my child, let them be men of good repute and carriage.” [Love’s Labour Lost] Today, of course we equally hope for women of good repute and carriage.)

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5 Responses to “Something substantially simpler? A “Superagency” for peer-review”

  1. “From one that’s of a neutral heart”: net neutrality in the new EU-framework : contentandcarrier on September 27th, 2007 1:01 am

    […] Something substantially simpler? A “Superagency” for peer-review […]

  2. New Deal, New Morning, New “New Framework”, New Anything : contentandcarrier on November 30th, 2007 6:11 pm

    […] pleased to note that the Gaelic versions are available, so I can provide you with the name of the “Superagency” in this offical language of the European Union: “Údarás Eorpach um Mhargadh na Cumarsáide […]

  3. The Super-Agency as Muppet: how EECMA may become Bert : contentandcarrier on May 1st, 2008 12:47 pm

    […] a sublime joke of European Parliament rapporteur Pilar del Castillo Vera: instead of the new “Superagency” proposed by the Commission, called European Electronic Communications Market Authority (with […]

  4. “an eminent body that enforced the law”*: the Commission’s amended proposals for the telecoms-package : contentandcarrier on November 12th, 2008 12:34 pm

    […] on 27 November 2008. Just one note: the Commission accepts that the “Superagency” (that never was meant to really be a superagency) will be just a mere “Body of European Telecoms Regulators” (BERT). The real […]

  5. Valuing action over talk: Neelie Kroes knows why : contentandcarrier on January 29th, 2010 1:09 am

    […] BEREC officially started its work. And while it is certainly not a “superagency”, I do not believe it is just “a powerless talking shop”. And, for that matter, it […]

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