• The New EU Telecom Rules Entered Into Force
  • March 11, 2010 | Author: Karel Janssens
  • Law Firm: Crowell & Moring - Brussels Office
  • On 18 December 2009, the new EU telecoms rules were published in the EU’s Official Journal. They entered into force on 19 December 2009, the day following their publication, and need to be transposed into national law by June 2011. The new Regulation establishing the new European Telecoms Authority called "Body of European Regulators for Electronic Communications (BEREC)" has direct effect and entered into force on 7 January 2010.

    As discussed in our previous newsletter, the European Parliament and Council of Ministers agreed in November 2009, after two years of discussion, on the reform of the EU telecom package of 2002. This resulted in the publication of the following legislative documents on 18 December 2009 in the Official Journal of the EU (the text is available through the link below):

    • Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office
    • Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws
    • Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorization of electronic communications networks and services

    Both Directive 2009/136 and Directive 2009/140 entered into force on 19 December 2009, the day following their publication. They have to be transposed by the 27 Member States into national law by June 2011. Regulation 1211/2009 establishing the new European Telecoms Authority is directly applicable. The Regulation entered into force 20 days following its publication, i.e. on 7 January 2010. The BEREC has scheduled its first meeting for 28 January 2010 in Brussels.

    For more information on the content of the telecoms reform, we refer to our previous newsletter.

    References: OJ L 337, 18.12.2009

    Links:http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:337:FULL:EN:PDF