Recommendation 2013/466 - 2013/466/EU: Commission Recommendation of 11 September 2013 on consistent non-discrimination obligations and costing methodologies to promote competition and enhance the broadband investment environment - Main contents

EN

Official Journal of the European Union

L 251/13

In order to encourage innovation and increase productivity, employment and competitiveness, and ultimately to create economic growth and achieve the goals of the Europe 2020 Strategy, it is essential to further develop the EU internal market for electronic communications networks and services, in particular through the roll-out of high-speed internet networks. The Commission, national regulatory authorities (NRAs) and BEREC contribute to the development of the internal market for electronic communications by developing common approaches for the consistent application of the regulatory framework defined by Directive 2002/21/EC (the Regulatory Framework).

The deployment of high-speed broadband plays an important role in Union investment, job creation and overall economic recovery. The Commission and the European Council have thus set ambitious roll-out targets for high-speed broadband, as part of the Union’s Digital Agenda for Europe (DAE), one of the flagship initiatives of Europe 2020.

One of the core objectives of the Digital Agenda for Europe is the deployment of next generation access networks (NGA Networks). The Digital Agenda for Europe aims to support the substantial investments, which will be required in the coming years. The present Recommendation aims to promote efficient investment and innovation in new and enhanced infrastructures whilst recognising the need to maintain effective competition, which is an important long-term investment incentive. The present Recommendation seeks: (i) to ensure a level playing field through the application of stricter non-discrimination rules; (ii) to establish predictable and stable regulated wholesale copper access prices; as well as (iii) to increase certainty on the circumstances which should lead to the non-imposition of regulated wholesale access prices for NGA services. Increasing legal and regulatory predictability in this manner should further help to trigger the investment needed in the near to medium-term future.

Creating regulatory predictability is essential to promoting efficient investment and innovation in new and enhanced infrastructure. Applying a consistent and stable regulatory approach over time is crucial to give investors the confidence needed to design sustainable business plans. In order to provide the necessary predictability over a longer time period, i.e. beyond the lifetime of an individual market review, NRAs should clarify in measures that impose regulatory remedies under Regulatory Framework as far as possible how foreseeable changes in market circumstances might affect the relevant remedies.

During the assessment of draft measures notified to the Commission under Article 7 of Directive 2002/21/EC, it appeared that significant inconsistencies still exist across the Union in the application of non-discrimination obligations under Article 10 and of price control and cost accounting obligations under Article 13 of Directive 2002/19/EC of the European Parliament and of the Council (2) for the market for wholesale network infrastructure access (market 4) and to the wholesale broadband...