PART I

FRAMEWORK (GENERAL RULES FOR THE ORGANISATION OF THE SECTOR)
TITLE II

INSTITUTIONAL SET-UP AND GOVERNANCE
CHAPTER III

Provision of information, surveys and consultation mechanism

Information required with regard to the general authorisation, rights of use and specific obligations
Article 21
1
Without prejudice to any information requested pursuant to Article 20 and information and reporting obligations under national law other than the general authorisation, national regulatory and other competent authorities may require undertakings to provide information with regard to the general authorisation, the rights of use or the specific obligations referred to in Article 13(2), which is proportionate and objectively justified in particular for the purposes of:
a
verifying, on a systematic or case-by-case basis, compliance with condition 1 of Part A, conditions 2 and 6 of Part D, and conditions 2 and 7 of Part E, of Annex I and of compliance with obligations as referred to in Article 13(2);
b
verifying, on a case-by-case basis, compliance with conditions as set out in Annex I where a complaint has been received or where the competent authority has other reasons to believe that a condition is not complied with or in the case of an investigation by the competent authority on its own initiative;
c
carrying out procedures for and the assessment of requests for granting rights of use;
d
publishing comparative overviews of quality and price of services for the benefit of consumers;
e
collating clearly defined statistics, reports or studies;
f
carrying out market analyses for the purposes of this Directive, including data on the downstream or retail markets associated with or related to the markets which are the subject of the market analysis;
g
safeguarding the efficient use and ensuring the effective management of radio spectrum and of numbering resources;
h
evaluating future network or service developments that could have an impact on wholesale services made available to competitors, on territorial coverage, on connectivity available to end-users or on the designation of areas pursuant to Article 22;
i
conducting geographical surveys;
j
responding to reasoned requests for information by BEREC.
The information referred to in points (a) and (b), and (d) to (j) of the first subparagraph shall not be required prior to, or as a condition for, market access.
BEREC may develop templates for information requests, where necessary, to facilitate consolidated presentation and analysis of the information obtained.
2
As regards the rights of use for radio spectrum, the information referred to in paragraph 1 shall refer in particular to the effective and efficient use of radio spectrum as well as to compliance with any coverage and quality of service obligations attached to the rights of use for radio spectrum and their verification.
3
Where national regulatory or other competent authorities require undertakings to provide information as referred to in paragraph 1, they shall inform them of the specific purpose for which this information is to be used.
4
National regulatory or other competent authorities shall not duplicate requests of information already made by BEREC pursuant to Article 40 of Regulation (EU) 2018/1971 where BEREC has made the information received available to those authorities.