eCom
Under the electronic communications (eCom) regulatory framework, established primarily by Directive 2002/21/EC, ESA works to:
- ensure that information society services benefit from free movement of services and freedom of establishment
- ensure appropriate follow-up to complaints concerning information society services
- ensure that national measures implement fully and properly the eCom regulatory framework
- monitor certain decisions taken by National Regulatory Authorities (NRAs) in the EEA EFTA States
- monitor legal, technical and economic eCom developments
The eCom Task Force
ESA has established an Electronic Communications (eCom) Task Force. The eCom Task Force cooperates closely with the corresponding European Commission Task Force, with the aim of ensuring similar application of legislation throughout the EEA.
ESA's eCom Task Force deals with draft measures notified under the eCom regulatory framework. In addition, the Task Force manages the EFTA Communications Committee, which provides opinions on certain ESA proposals in the eComs field.
eCom notifications
The eCom regulatory framework requires the NRAs in the EEA EFTA States to make available - prior to adoption - certain draft measures to ESA, to all other NRAs in the EEA, and to the public.
ESA may comment on such draft measures and, in relation to certain sections of them, has a right of veto and may request the amendment or withdrawal of the draft national measures. This entails assessing the correct application of the eCom regulatory framework and EEA competition law principles. ESA's veto powers concern the correct definition of the relevant market and designation of significant market power. However, ESA may also issue comments on any section of the draft measures, including on proposed remedies.
Deadlines are tight (one month in the first phase, and two further months where serious doubts arise leading to the opening of a second phase) and are non-deferrable.
The eCom registry
In order to comply with publication and transparency requirements, ESA operates a registry. This facilitates the proper and efficient administration of the eCom notification procedure by ESA, and serves as a tool for ensuring the exchange of information between different stakeholders.
The National Regulatory Authorities are required to submit the text of the draft measure, any necessary supporting documents, and a summary notification form to ESA by electronic means. This is followed by electronic publication in the eCom registry.
ESA recommendations and guidelines
| Recommendations/guidelines | Date of adoption |
|---|---|
| Guidelines on market analysis and the assessment of significant market power | 16.11.2022 |
| Recommendation on relevant product and service markets susceptible to ex ante regulation | 9.4.2025 |
| Recommendation on termination rates | 13.4.2011 |
| Recommendation on notifications, time limits and consultations | 2.12.2009 |
Related links
National Regulatory Authorities:
Further eCom information is available on the European Commission website.