EU Member States: Status of EECC Transposition into National Law

EU Member States: Status of EECC Transposition into National Law

26. August 2020 News 1

As the 21 December 2020 deadline had come and gone, it was clear that not all EU Member States would implement the European Electronic Communications Code (EECC) in time. The Code, which provides updates to the telecommunication regulatory framework applies to all EU Member States, including those in the European Economic Area (EEA).

The deadline to transpose the new directive into national legislation for each Member State was 21 December 2020. Once implemented into local law, all network operators are subject to these changes.

Select the Country of Interest:

EU’s EECC applies to all Member States, including those in the European Economic Area (EEA): Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

Status: Passed, Partially Passed, Drafted, Consulted, Postponed, Undefined

Austria | Drafted

The Federal Ministry for Agriculture, Regions and Tourism (colloquially, BMLRT) has stated that Austria is currently working on the implementation of the European Directive 2018/1972 into national law.

On 30 June 2020, the Council of Ministers passed a draft federal law which amends the current Telecommunications Act of 2003. [source]

Extraordinary circumstances surrounding corona restrictions have led to some delays, draft consultations will start no later than mid-October, though Austria will continue to strive for a timely implementation.

Comments that have been received at the end of the review period are to be evaluated and the draft will be adjusted if necessary (i.e. additions, deletions, reformulations, etc.). The draft is then politically coordinated and the Council of Ministers decides whether or not to forward it to parliament. This then begins the parliamentary process (i.e. assignment to committees, treatment in plenary, etc.), which will hopefully end in the Q2 with a resolution. Only then is there a new law.

On 4 February 2021, the Commission opened infringement procedures against Austria for not transposing new EU telecom rules in time. [source]

Belgium | Consulted

Belgium’s early legislative initiative, under the supervision of the Belgian Institute for Postal Services and Telecommunications (BIPT), acted as testing grounds for the very same conditions that inspired EU’s EECC.

That said, the BIPT launched a preliminary consultation on the first draft Act transposing the European Electronic Communication Code (EECC) on 6 December 2019, which closed on the 4 February 2020. [source]

On 4 February 2021, the Commission opened infringement procedures against Belgium for not transposing new EU telecom rules in time. [source]

Bulgaria | Drafted

The Ministry of Transport, Information Technology and Communications (MTITC) is the policy maker in the field of electronic communications for the Republic of Bulgaria and as such is responsible for the transposition of the Directive (EU) 2018/1972 in national legislation. The requirements of Directive (EU) 2018/1972 will be transposed in national legislation by amending the Electronic Communications Act. [source]

Regarding the timetable for the transposition, the public consultation on the draft Act amending the Electronic Communications Act was published on 1 April 2020 and ended on the 15 May 2020. Following the national procedure for the adoption of legislative acts, an inter-ministerial coordination is forthcoming. After that, in August, the draft act will be submitted to the National Assembly for discussion and adoption.

On 4 February 2021, the Commission opened infringement procedures against Bulgaria for not transposing new EU telecom rules in time. [source]

Croatia | Postponed

The Croatian Regulatory Authority for Network Industries (colloquially, HAKOM) has openly discussed it’s intention to incorporate the Directive (EU) 2018/1972 into national law. [source]

On 4 February 2021, the Commission opened infringement procedures against Croatia for not transposing new EU telecom rules in time. [source]

Cyprus | Drafted

The Office of Electronic communications & Postal Regulation (OCEPR) has stated that the Directive (EU) 2018/1972, shall be transposed into national legislation and entered into force by 21 December 2020.

The legislation is currently pending approval from the relevant Deputy Ministry.

On 4 February 2021, the Commission opened infringement procedures against Cyprus for not transposing new EU telecom rules in time. [source]

Czech Republic | Partially Passed

As a member of the European Economic Area (EEC), Czech Republic is also bound to implement EU’s EECC Directive. On 16 December 2019, the Consumer Protection and Technical Regulatory Authority had opened a consultation period regarding a draft proposal until 31 January 2020 to ministries, select corporations and public bodies.

The Czech Telecommunication Office (CTU) has disclosed that the EECC is currently being transposed into the Czech law. It is now being discussed in the Government Legislative Council and shall be then advanced to the Parliament for the final approval process of the amendment, where it is envisaged, that the wording from the EECC will be used in the amendment without any changes. Therefore, once the contract is to be terminated, the providers will be obliged to provide the end-user with information about best tariffs. The obligation will become effective once the transposition process is completed, which should be applied starting from 21 December 2020.

On November 9 2020, the Czech Government approved the bill amending Act No. 127/2005, partially transposing Directive (EU) 2018/1972 into Czech law. [source]

On 4 February 2021, the Commission opened infringement procedures against Czechia for not transposing new EU telecom rules in time. [source]

Denmark | Passed

On 28 May 2020, the Ministry of Climate, Energy and Supply initiated consultation on the draft proposal amending various laws for electronic communication, requesting consultation responses by 26 June 2020. [source] The finished bill is planned to be submitted in October 2020 and to be put into effect on 21 December 2020. [source]

The draft amendment of the Danish Act on Electronic Communications Network and Service was submitted to the Danish Parliament on 7 October 2020. [source]

As of 8 December 2020, the amendment of the Danish Act on Electronic Communications Networks and Services became national law. [source] This includes an executive order on end-user rights in the telecommunications area [source], stating:

Before an agreement with a limited duration is automatically renewed, providers of electronic communications services must clearly and in a timely manner, and on a durable medium, inform the end user of the termination of the contractual obligation and of how the agreement is terminated. In addition, providers must also advise the end user on the best price for its services. Providers must also provide end users with information on the best price at least once a year.

Chapter 3, Section 8 of the BEK No. 1887 of 08/12/2020

Estonia | Drafted

The Consumer Protection and Technical Regulatory Authority has stated that the adoption of the directive is on time. At present the draft law is being coordinated with other ministries. In autumn, the draft law will be sent for adoption by Parliament.

On 4 February 2021, the Commission opened infringement procedures against Estonia for not transposing new EU telecom rules in time. [source]

Finland | Passed

According to the Ministry of Transport and Communications (colloquially, LVM), a draft Act on Electronic Communication Services went into circulation for comments on the 22 November 2019. [source] Which has, since then, been submitted by the Government to Parliament on the 11 June 2020. [source]

Since 19 November 2020, the law is awaiting Parliament consideration in a preliminary debate, which is then drafted into a report and discussed in a plenary session. [source] The proposal is scheduled to enter into force on the 21 December 2020.

The President of the Republic, Sauli Niinistö, has approved the amendments to the Act on Electronic Communications Services, which has entered into force on 1 January 2021. [source]

France | Passed

The French government, responsibility of the Ministry of Economy and Finance (in association with other ministries possibly concerned), has launched a public consultation on the transposition of Directive (EU) 2018/1972 into national law, which concerns the modification of the French Postal Service and Electronic Communications (CPCE) and French Consumer Code. [source] Contributions were finalized on 16 March 2020 with 16 total responses. [source]

On 4 February 2021, the Commission opened infringement procedures against France for not transposing new EU telecom rules in time. [source]

On 27 May 2021 the EU Directive (UE) 2018/1972 was transposed to French law and written in the “JO” (Journal Officiel). [source] When it comes to the best tariff obligation, Chapter Article 47, sub-chapter Art. L. 224-40 mentions:

FR: “En outre, ils conseillent au moins une fois par an les consommateurs sur le meilleur tarif qu’ils proposent pour leurs services.”

EN: “In addition, they (operators) advise consumers at least once a year on the best tariff they offer for their services.”

In other words, there is no legal obligation to provide the ‘cheapest’ or down-selling tariff offer for the end-customer. Where French Telecom’s are still obligated to suggest a tariff offer to their customers at least once a year, the method of communication is not clarified, leaving it free to interpretation, be it SMS, Voice, invoice, email, etc.

Germany | Passed

Germany’s national regulatory authority, Federal Network Agency (colloquially, Bundesnetzagentur or BNetzA), hosted a public hearing on 13 February 2019 regarding the amendment of the Telecommunications Act (TKG) planned by the Federal Government. [source] Subsequently, a draft was coordinated within the ministries.

On 11 November 2020, a draft was submitted by the Federal Ministry for Economic Affairs and Energy, along with the Federal Ministry for Transport and Digital Infrastructure. The Federal Government has not yet reached an agreement on several issues, unraveling a clear need for further discussion and amendments. Comments on the draft were to be submitted by 20 November 2020. [source]

On 9 December 2020, a draft bill intending to implement Directive (EU) 2018/1972 was published and can be read in German, here. It was expected that the Telecommunications Modernization Act will be adopted in June or July of 2021.

On 4 February 2021, the Commission opened infringement procedures against Germany for not transposing new EU telecom rules in time. [source]

On 7 May 2021, the Bundesrat approved the Telecommunications Modernization Act (Telekommunikationsmodernisierungsgesetz, or simply TKMoG) which was submitted by the Bundestag two weeks prior. This reform of the telecommunications regulatory regime transposes the European Electronic Communications Code into national law. [source]

Greece | Passed

The Hellenic Telecommunications and Post Commission (colloquially, EETT) has commented that Greece is working on the implementation of the European Directive 2018/1972 into national law.

The Ministry of Digital Governance unveiled a public consultation on 29 June 2020, regarding a draft law implementing the Directive (EU) 2018/1972. Comments may be submitted by 17 July 2020. [source]

On 23 September 2020, a new Greek Law 4727/2020 “Digital Governance (Transposition to the Greek Legislation of Directive (EU) 2016/2102 and the Directive (EU) 2019/1024) – Electronic Communications (Transposition to the Greek Law of Directive (EU) 2018/1972) and other provisions” was published in the Government Gazette (A’ 184/23.09.2020). [source]

The new law adopts Directive (EU) 2018/1972, including its text regarding best tariff within “Article 213 Duration and termination of the contract (Article 105 of Directive (EU) 2018/1972) stating,

“Before the automatic extension of the contract, the providers shall inform end users, visibly, in a timely manner and infixed instrument, on the expiry of the contractual and the means of terminating the contract. In addition, at the same time, providers provide to end users tips for the best invoices in relation to their services. The providers provide end users with information on best invoices at least once a year.”

Hungary | Passed

On 23 June 2020, the National Media and Infocommunication Authority (colloquially, NMHH) submitted a draft proposal to Parliament regarding the transposition of the European Directive 2018/1972 into national law, where it has been accepted. [source]

The Ministry for Innovation and Technology has confirmed that a “majority of the work is done with the revision of the Hungarian Act C. of 2003 on Electronic Communications (which was published in the HU Official Journal on 14 July 2020 and will enter into force on 21 December 2020). Some secondary legislation still needs to be done by the relevant authorities (i.e. National Media and Infocommunication Authority), but we will certainly meet the deadline of 21 December. As soon as this work is done, we will proceed with the notification towards the European Commission.”

Iceland | Undefined

As a member of the European Economic Area (EEA), the Post and Telecom Administration in Iceland has expressed its interest in amending its legal framework for electronic communication and postal services influence by the EECC Directive.

No confirmed dates have been provided.

Ireland | Consulted

The Commission for Communications Regulation (ComReg) has commented that the deadline for transposition—which must be met by all Member States—is 21 December 2020, and Ireland is planning towards meeting that deadline.

As of 21 December 2020, Ireland has failed to meet the transposition deadline of Directive (EU) 2018/1972, leaving the State open to infringement proceedings and penalties. [source] ComReg has however, produced a draft implementing legislation on end-user rights—including best tariff obligations—which can be found here.

“Section 3 further provides some practical guidance on the obligations of providers under those Articles 102 (5) and (6) and Articles 103 to 107, in particular regarding: the provision of facilities to monitor usage, alerts and notifications on consumption limits; independent comparison tools and publication of information on the terms and conditions of offers and quality of service; contract duration and termination including notifications on end of contract and best tariff advice, handset unlocking; IAS switching and prepaid credit refunds; and bundled offers.”

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

Italy | Passed

The Italian Autorità per la Garanzie nelle Cominicazioni (AGCOM) has stated that the provision envisaged by the new European Electronic Communication Code aught to be transposed into national legislation by the end of 2020.

On 5 May 2020, the Italian Senate published a bill which, if passed, is intended to delegate the Government to enact, among others, the new European Electronic Communications Code (EECC). [source]

No confirmed dates have been provided.

On 4 February 2021, the Commission opened infringement procedures against Italy for not transposing new EU telecom rules in time. [source]

A legislative decree, published in the Official Journal on 23 April 2021 [source], has announced the delegating law (Law No. 53/2021 of 22 April 2021), which officially transposes the Directive (EU) No. 2018/1972 of 11 December 2018 into national law. [source]

The law is in force as of 5 May 2021.

Latvia | Postponed

The directive on a new regulatory framework for the electronic communication sector, adopted on 11 December 2018, will be implemented through amendments to the Electronic Communications Law of Latvia by December 2020. [source]

On 4 February 2021, the Commission opened infringement procedures against Latvia for not transposing new EU telecom rules in time. [source]

Lichtenstein | Undefined

The Office for Communications noted that since Lichtenstein is not a member of the EU, but of the European Economic Area (EEC), the directive is only binding once it has been incorporated into the EEA Agreement. Once that occurs, the implementation obligation applies.

No confirmed dates have been provided.

Lithuania | Drafted

On the 29-30 August 2019, Baltic regulators, including representatives of the Lithuanian Communications Regulatory Authority (RRT), Estonian E-Communications Regulatory Authority (TTJA) and Latvian E-Communications and Postal Regulatory Authority (SPRK), met to share experiences and practical issues arising from the transposition of the European Electronic Communications Code. [source]

On 3 September 2020, the draft law amending the Law on Electronic Communication (recast) had been prepared and submitted for consideration to the Government of the Republic of Lithuania. [source]

According to the preliminary transposition table, Article 105 of Directive 2018/1972 on end-user rights is only partly transposed by this draft. [source] Though a draft on secondary legislation is currently being prepared and should include further transposition on end-user rights, including text on best tariff practices.

Replying to our request for more information, RRT foresees that the legislation transposing Directive 2018/1972 will enter into force in Lithuania from 21 December 2020, as it is indicated in the Directive.

On 4 February 2021, the Commission opened infringement procedures against Lithuania for not transposing new EU telecom rules in time. [source]

Luxembourg | Postponed

On July 16 2020, the Luxembourg Minister of Communications and Medias submitted a draft Law No. 7632 aimed to implement the Directive (EU) 2018/1972 into Luxembourg law. [source] The new law will repeal and replace the amended Law of 27 February 2011. [source]

As part of the legislative procedure, the law is currently being discussed by the Chamber of Deputies and is subject to amendments. At this time, the law may be adopted by the end of the year or shortly after.

On 4 February 2021, the Commission opened infringement procedures against Luxembourg for not transposing new EU telecom rules in time. [source]

Malta | Postponed

On 8 June 2020, The Malta Communications Authority (MCA) published a response to the Consultation on Proposed Changes to Regulation 51 of the Electronic Communications Networks and Services Regulations. In total, there was one joint response from the three main electronic communications network operators, namely GO, Melita and Vodafone. [source]

As no issues were raised that warranted necessary changes to the proposed amendment, Malta has confirmed to continue as the changes were proposed. [source]

On the 11 January 2021, Malta published its consultation documents, [source] amending most of Malta’s existing telcom legislation, including:

  • The Malta Communications Authority Act (Chapter 418)
  • The Utilities and Services (Regulation of Certain Works) Act (Chapter 81)
  • The Electronic Communications (Regulation) Act (Chapter 399)
  • The Single European Emergency Call Service (‘112’ number) and The European Harmonised Services of Social Value (‘116’ numbering range) Regulations (S.L. 399.43)

As well as the enactment of a new regulation to replace the current:

  • Electronic Communications Networks and Services (General) Regulations (SL 399.28)

Those interested in making submissions on the proposed amendments are invited to do so by not later than 15 March 2021.

On 4 February 2021, the Commission opened infringement procedures against Malta for not transposing new EU telecom rules in time. [source]

Netherlands | Partially Passed

On 14 October 2020, news of The Dutch Ministry of Economic Affairs and Climate (EZK) is said to be finalizing a bill implementing the European Electronic Communication Code (EECC). The ministry plans to ask the Council of State for further advice this year. [source]

On 4 February 2021, the Commission opened infringement procedures against Netherlands for not transposing new EU telecom rules in time. [source]

Norway | Undefined

Norway is not a member of the EU, but of the European Economic Area (EEC), the directive is only binding once it has been incorporated into the EEA Agreement. Once that occurs, the implementation obligation applies.

No confirmed dates have been provided.

Poland | Drafted

In April 2020, a draft bill named the Electronic Communications Law (ECL), implementing the provisions of the European Electronic Communications Code (EECC), was prepared by the The Ministry of Digital Affairs and initially consulted with representatives of the telecommunications market. [source] In the beginning of July the draft bill was subject to public consultation.

The date of adoption by the Council of Ministers and introduction to Parliament is not yet formally determined, however the final work on the Act should be completed by 21 December 2020, as specified in European Electronic Communications Code.

A consulted version of the draft Electronic Communications Law can be found here.

On 21 December 2021, a significant amendment to the Telecommunications Law (TL) entered into force in Poland, which partially implemented Directive (EU) 2018/1972, including legislation on number portability after contract termination, rights to continuity of internet access, shorter notice periods, and so on.

A full implementation of the EECC is expected with the adoption of the Electronic Communications Law (ECL).

On 4 February 2021, the Commission opened infringement procedures against Poland for not transposing new EU telecom rules in time. [source]

Portugal | Drafted

Portugal’s National Regulatory Authority, the Autoridade Nacional de Counicaçőes (ANACOM), has commented that the transposition deadline is foreseen in the Directive itself — article 124 — and is 21 December 2020.

In its role of assisting the Government, a public hearing on the transposition of the EECC was launched on 26 November 2019. Comments could be sent in writing by 13 January 2020, which would be taken into account during the preparation of a draft project. [source]

On 31 July 2020, ANACOM presented a draft project for the transposition of the European Electronic Communications Code to the executive branch of both the Parliament and the Assistant Secretary of State and of Communications, aimed at replacing the current Electronic Communications Act. [source]

On 4 February 2021, the Commission opened infringement procedures against Portugal for not transposing new EU telecom rules in time. [source]

Romania | Consulted

When asked, the National Authority for Management and Regulation in Communications of Romania (ANCOM) commented that under no.SC-17226/12.06.2020, all Member States must adopt and publish the laws, regulations and administrative provisions necessary to comply with the Directive (EU) 2018/1972 by 21 December 2020.

ANCOM is currently working on finalizing this draft normative act, intending to complete this stage by August 2020 at the latest. Subsequently, a public consultation will be organized, in accordance with the legal provisions in force, by the institutions who will assume the role of initiator of the draft normative act.

As of 21 December 2020, Romanian regulator ANCOM has failed to transpose Directive (EU) 2018/1972 into national law. An Action Plan for 2021 outlines the intent to transpose legislation in Q1, which can be found in Romanian, here.

On 4 February 2021, the Commission opened infringement procedures against Romania for not transposing new EU telecom rules in time. [source]

Slovakia | Postponed

The Regulatory Authority for Electronic Communications and Postal Services () is responsible for the implementation of the DIRECTIVE (EU) 2018/1972 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL.

The RÚ is preparing a draft of the new Act on Electronic Communications. In these days the Ministry communicates the first draft with the Slovak Regulatory Office.

When asked, the Ministry responded that they will try to meet a deadline for the implementation which is 21 December 2020.

As of 21 December 2020, Slovakia missed the deadline for the EECC implementation. Slovakia’s approach to prepare a completely new act on electronic communication replacing the current Act No. 351/2011 Coll. on Electronic Communication.

Unfortunately, an implementation date is unknown to the public at this moment, but according to the latest information, it is expected that the bill will be submitted to the inter-ministerial comment procedure in January or February of 2021. [source]

On 4 February 2021, the Commission opened infringement procedures against Slovakia for not transposing new EU telecom rules in time. [source]

Slovenia | Consulted

Communication with the Agency for Communication Networks and Services of the Republic of Slovenia (AKOS-RS) revealed that the draft of new Electronic Communications Act (ZEKom-2) is in the final stages of preparation within the Ministy of Public Administration.

A link to the published draft can be found here, which includes text regulating end user rights in Articles 178-205.

The public consultation is envisaged until 15 October 2020. [source] Unfortunately, the timeline for its adoption is not yet clear, though AKROS-RS stated “hopefully in the first half of 2021.”

On 4 February 2021, the Commission opened infringement procedures against Slovenia for not transposing new EU telecom rules in time. [source]

Spain | Drafted

In accordance with article 124.1 of DIRECTIVE (EU) 2018/1972 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2018 establishing the European Code of Electronic Communications, Member States shall adopt and publish, at the latest on December 21, 2020, the legal, regulatory and administrative provisions necessary to comply with the provisions of this Directive.
 
It is the intention of the Ministry of Economic Affairs and Digital Transformation (CNMC) that said Directive be transposed into the Spanish legal system before that date through the approval of a new General Telecommunications Law.

On 11 September 2020, the Government of Spain announced the start of a public consultation on the draft General Telecommunications Law, which broadens it’s own scope to include interpersonal communication services not based on numbering or messaging, capabilities of emergency communications, user rights—among others.

“The COVID-19 health crisis has given value to telecommunications networks, so the draft pays special attention to favoring access under equal conditions and in affordable conditions to electronic communications with the renewal and flexibility of the universal service.”

Contributions can be made until 13 October 2020 on the website of the Ministry of Economic Affairs and Digital Transformation. [source]

On 4 February 2021, the Commission opened infringement procedures against Spain for not transposing new EU telecom rules in time. [source]

Sweden | Postponed

The Swedish Ministry of Infrastructure has commented, that due to unforeseen circumstances there is a slight delay in the implementation. The plan at the moment is to table a draft law before Parliament (Riksdag) at the end of summer, 2021.

On 4 February 2021, the Commission opened infringement procedures against Sweden for not transposing new EU telecom rules in time. [source]

Switzerland | Undefined

United Kingdom | Partially Passed

The UK, under the post-Brexit transition period active until the end of 31 December 2020, was continuously subject to the rights and obligations of EU membership, including full transposition of EU directives in domestic law.

The UK Government’s response to the first public consultation on implementing the EECC was published by the Department of Digital, Culture Media & Sport (DCMS) on 22 July 2020. The response highlighted their aim to meet the minimum requirements of the Directive, as to minimize additional costs to businesses, while still ensuring updates to the UK regulatory framework that contribute to the Government’s ambitions for digital connectivity. [source]

On 24 July 2020, The Office of Communications (Ofcom) published a revision to their 2019 proposal, which includes further text on annual best tariff measures so that “broadband, phone and pay TV customers who are out-of-contract must be sent reminders every year showing them the best deals available,” inviting responses to this consultation by 11 September 2020 followed by a statement, which the Government has confirmed will be implemented by 21 December 2020.

Ofcom consultation deadlines have passed, where a final statement setting out their decision on the revised proposals can be expected in Autumn of 2020. [source]

On 12 October 2020, a statement made by Parliamentary Under-Secretary of State for Digital Infrastructure, Matt Warman, mentioned the submission of legislation to Parliament which commits “a high level of consumer protection,” implementing the EECC into national law. [source] The full legislative text can be found here.

On 2 December 2020, the United Kingdom passed The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020, officially fully transposing the EECC into national law. [source]

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