European Commission acts against Romania to ensure impartial regulation of telecoms

The European Commission has sent a formal request to Romania to comply with the rules that require a clear separation between entities which make telecoms rules and those providing telecoms services. At the same time, the EC has decided to refer Lithuania to the EU’s Court of Justice for failing to comply with EU the same rules.

This separation is essential to preserve the impartiality of national telecoms regulators, guaranteeing fair regulation for consumers and businesses and maintaining competition. The request to Romania takes the form of a ‘reasoned opinion’ under EU infringement procedures. If Romania fails to comply within two months, the Commission may decide to refer it to the Court of Justice.

While the Romanian Ministry of Communications and Information Society carries out regulatory tasks like the allocation and assignment of radio frequencies (e.g. adopting the national frequency plan and preparing government decisions relating to radio spectrum management), it also exercises ownership and control activities in two companies providing telecoms networks and/or services (Romtelecom S.A. and S.N.R. S.A. – ‘Radiocom’). Despite regular discussions on this issue, the country has still not changed its rules on structural separation, and the Commission has decided to send a reasoned opinion to Romania requesting it to do so.

The Commission has decided to close a separate infringement proceeding opened in January 2009 over the lack of independence of the national telecoms regulator following the removal of its president in 2008 (IP/10/519). The Romanian Parliament has adopted a new legal framework which strengthens the independence of the telecoms regulator.

These infringement proceedings are part of the European Commission’s efforts to ensure that national telecoms regulators are independent. Article 3(2) of the Framework Directive 2002/21/EC says that Member States that retain ownership or control companies providing telecommunications services must ensure effective structural separation of the regulatory function from activities associated with ownership or control. These rules further provide that Member States shall ensure that national regulators exercise their power impartially and transparently.

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