CHAPTER III

TASKS OF NATIONAL REGULATORY AUTHORITIES

Policy objectives and regulatory principles
Article 8
1
Member States shall ensure that in carrying out the regulatory tasks specified in this Directive and the Specific Directives, the national regulatory authorities take all reasonable measures which are aimed at achieving the objectives set out in paragraphs 2, 3 and 4. Such measures shall be proportionate to those objectives.
Unless otherwise provided for in Article 9 regarding radio frequencies, Member States shall take the utmost account of the desirability of making regulations technologically neutral and shall ensure that, in carrying out the regulatory tasks specified in this Directive and the Specific Directives, in particular those designed to ensure effective competition, national regulatory authorities do likewise.
National regulatory authorities may contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.
2
The national regulatory authorities shall promote competition in the provision of electronic communications networks, electronic communications services and associated facilities and services by inter alia:
a
ensuring that users, including disabled users, elderly users, and users with special social needs derive maximum benefit in terms of choice, price, and quality;
b
ensuring that there is no distortion or restriction of competition in the electronic communications sector, including the transmission of content;
c
encouraging efficient investment in infrastructure, and promoting innovation; and
d
encouraging efficient use and ensuring the effective management of radio frequencies and numbering resources.
3
The national regulatory authorities shall contribute to the development of the internal market by inter alia:
a
removing remaining obstacles to the provision of electronic communications networks, associated facilities and services and electronic communications services at European level;
b
encouraging the establishment and development of trans-European networks and the interoperability of pan-European services, and end-to-end connectivity;
c
ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services;
d
cooperating with each other, with the Commission and BEREC so as to ensure the development of consistent regulatory practice and the consistent application of this Directive and the Specific Directives.
4
The national regulatory authorities shall promote the interests of the citizens of the European Union by inter alia:
a
ensuring all citizens have access to a universal service specified in Directive 2002/22/EC (Universal Service Directive);
b
ensuring a high level of protection for consumers in their dealings with suppliers, in particular by ensuring the availability of simple and inexpensive dispute resolution procedures carried out by a body that is independent of the parties involved;
c
contributing to ensuring a high level of protection of personal data and privacy;
d
promoting the provision of clear information, in particular requiring transparency of tariffs and conditions for using publicly available electronic communications services;
e
addressing the needs of specific social groups, in particular disabled users, elderly users and users with special social needs;
f
ensuring that the integrity and security of public communications networks are maintained;
g
promoting the ability of end-users to access and distribute information or run applications and services of their choice;
5
The national regulatory authorities shall, in pursuit of the policy objectives referred to in paragraphs 2, 3 and 4, apply objective, transparent, non-discriminatory and proportionate regulatory principles by, inter alia:
a
promoting regulatory predictability by ensuring a consistent regulatory approach over appropriate review periods;
b
ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services;
c
safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
d
promoting efficient investment and innovation in new and enhanced infrastructures, including by ensuring that any access obligation takes appropriate account of the risk incurred by the investing undertakings and by permitting various cooperative arrangements between investors and parties seeking access to diversify the risk of investment, whilst ensuring that competition in the market and the principle of non-discrimination are preserved;
e
taking due account of the variety of conditions relating to competition and consumers that exist in the various geographic areas within a Member State;
f
imposing
ex-ante
regulatory obligations only where there is no effective and sustainable competition and relaxing or lifting such obligations as soon as that condition is fulfilled.
Substituted by 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 authorisation of electronic communications networks and services (Text with EEA relevance).
Inserted by 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 authorisation of electronic communications networks and services (Text with EEA relevance).
Deleted by 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 authorisation of electronic communications networks and services (Text with EEA relevance).