eCom notifications to the EFTA Surveillance Authority


Certain measures envisaged by National Regulatory Authorities have to be notified to the Authority prior to their adoption. The Authority may comment on such draft measures and, in relation to certain parts of them, has a veto right and may request amendment or withdrawal of the draft national measures. Deadlines are tight (one month in the first phase and two more months if serious doubts arise that lead into the opening of a second phase) and non-deferrable. In order to handle the notification procedure, the Authority has set up an eCOM Task Force.

 The eCOM Task Force

The Authority's eCOM Task Force and the Commission's corresponding Task Force co-operate closely with a view of ensuring a similar application of the legislation throughout the EEA. In addition, the Task Force of the Authority manages the EFTA Communications Committee, which gives its opinions on certain proposals of the Authority in the field of electronic communications.

A major part of the analyses of draft measures will entail an assessment of the correct application of EEA competition law. Moreover, the veto powers of the Authority under these provisions concern the correct application of EEA competition law (definition of the relevant market and designation of significant market power).

 eCOM Online Notification Registry

The regulatory framework requires the National Regulatory Authorities to make - prior to the adoption – certain draft measures available to the Authority, to all other national regulators in the EEA countries and to the public at large. This entails that the national regulator has to submit the text of the draft measure, any necessary supporting documents and a so-called summary notification form to the registry by electronic means, followed by an electronic publication in the online registry.

 eCom online registry

In order to comply with the publication and transparency requirements, a registry has been set up and is operated by the Authority. It facilitates the proper and efficient administration of the notification procedure by the Authority and serves as a tool to ensure the exchange of information between different stakeholders.




Other EEA Institutions

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