EU Member States: Status of EECC Transposition into National Law

EU Member States: Status of EECC Transposition into National Law

26. August 2020 News 0

As the 21 December 2020 deadline draws to a close, it’s clear that not all EU Member States will 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).

Among other objectives, the directive aims to strengthen the protection of consumers rights across the EU, including greater flexibility and choice of services for end-users in the fast-evolving digital ecosystem.

One such implementation, in situations where automatic prolongation of a fixed duration contract is provided, regulated providers are required to tell customers about the best tariffs available to them, resulting in better-informed consumer behavior.

The deadline to transpose the new directive into national legislation for each Member State is 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: ✅ On time ✳️ Inconclusive ❎ Not on time

✳️ Austria

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]

Though corona restrictions have led to some delays, Austria is striving for a timely implementation.

✅ Belgium

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 06 December 2019.

✅ Bulgaria

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.

✳️ Croatia

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]

✅ Cyprus

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

✅ Czech Republic

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.

✅ Denmark

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]

✅ Estonia

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.

✅ Finland

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] It is currently awaiting Parliament consideration in a preliminary debate, which is then drafted into a report and discussed in a plenary session. The proposal is scheduled to enter into force on the 21 December 2020.

✳️ France

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]

✳️ Germany

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.

✅ Greece

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

No confirmed dates have been provided.

✅ Hungary

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

✳️ Iceland

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

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.

✳️ Italy

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.

No confirmed dates have been provided.

✅ Latvia

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]

✳️ Lichtenstein

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.

✅ Lithuania

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), meet to shared experiences and practical issues arising from the transposition of the European Electronic Communications Code. [source]

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.

Luxembourg

✳️ Malta

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]

Netherlands

Norway

✅ Poland

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.

✅ Portugal

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]

✳️ Romania

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 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2018 establishing the European Electronic Communications Code 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.

✳️ Slovak Republic

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.

❎ Slovenia

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

The public consultation is envisaged in next few weeks. Unfortunately, the timeline for its adoption is not yet clear (hopefully in the first half of 2021).

✅ Spain

In accordance with article 124.1 of DIRECTIVE (EU) 2018/1972 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of December 11, 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.

❎ Sweden

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) in the fall of 2020. It will then come into force in the beginning of 2021.

Switzerland

✅ United Kingdom

The UK is currently under Post-Brexit transition period till the end of 31 December 2020, where it is subject to the rights and obligations of EU membership, including full transposition of EU directives in domestic law. On 24 July 2020, The Office of Communications (Ofcom) published a revision to their proposal, 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. [source]

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