= Council of the European Union Brussels, 14 November 2014 15541114 Interinstitutional F 2013/0309 (COD) LIMITE TELECOM 207 COMPET 625 Mi 886 CONSOM 241 CODEC 2252 NOTE from: Presidency to: Delegations No. prev. doc.: 13383/14 TELECOM 164 COMPET 525 MI 677 CONSOM 173 CODEC 1852 No. Cion prop.:_ 13555/13 TELECOM 232 COMPET 646 MI 753 CONSOM 161 CODEC 2000 Subject: Proposal for a Regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) No 531/2012 - General approach Intre tion 1, The Barroso Commission adopted its proposal for a Regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent (the TSM proposal) on 11 September 2013 with article 114 TFEU as a legal basis. Doc 10109/14 describes the progress made on the file until May 2014. The main elements of the proposal included provisions on a single EU authorisation for electronic communications providers, European inputs, including coordination of use of radio spectrum and provisions on European virtual access products, harmonised rights of end-users including net neutrality, facilitating change of provider, and provisions concerning the powers of national regulators, roaming and BEREC. 15541/14 PT/ek 1 DG E2B LIMITE ENNext to the operative part of the Regulation, the proposal also sought to achieve its aims by amending parts of the existing regulatory framework, namely Directives 2002/20/EC', 2002/21/EC* and 2002/22/EC’ and Regulations 531/2012* and 1211/2009°. Doc 10109/14 describes the progress made on the file until May 2014. 2. The political guidelines of the Juncker Commission state that it will present ambitious legislative steps towards a connected digital single market within the first six months of its ‘mandate, including by adding more ambition to the ongoing reform of the telecoms rules. This has been further developed in the mission letters to Commissioners Ansip and Oettinger. 3. Without prejudice to any proposals in related fields, a number of existing instruments of relevance for the TSM proposal are subject to review in the near-term: A full review of the framework for electronic communications is expected to be launched during 2015, with proposals possible in 2016. Accordingly, the BEREC draft work programme for 2015 envisages a comprehensive analysis by BEREC of the areas of the framework that require review. The Directive on privacy and electronic communications (Directive 2002/58/EU), one part of the framework for electronic communications, is included for review in the Commission's Regulatory Fitness and Performance Programme (REFIT) for 2014. The Radio Spectrum Policy Programme (Decision 243/2012/EU) is due for review by 31 December 2015. Commission Recommendation 2009/396/EU on termination rates requires a review by 2016. The Roaming Regulation (Regulation (EU) 531/2012) is due for review by 30 June 2016, Furthermore, the Audiovisual Media Services Directive (Directive 2010/13/EU), covering content delivered using any technological means, including both linear and non- linear (OTT) services, is to be reviewed in 2015 under the REFIT programme. In addition, a proposal on copyright is expected during 2015. i Directive 2002/20/EC on the authorisation of electronic communications networks and services ? Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services d Regulation No 531/2012 on roaming on public mobile communications networks within the Union : Regulation 1211/2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office 1541/14 PTiek 2 DGE2B LIMITE ENState of the Coun 4. The file has been discussed at a total of 9 meetings of Working Party on Telecommunications and the Information Society (WP TELE) under the Italian Presidency. Furthermore, high- level political input has been sought by the Italian Presidency at the September informal ministerial meeting and a written consultation took place in July. 5. Based on the discussions up to then, the Italian Presidency presented a text containing new. and substantially amended provisions on 19 September 2014 (doc 13383/14). Compared to the TSM proposal, the Presidency text introduced fundamentally different texts on roaming and spectrum, amended texts on open internet/net neutrality, and also addressed end-users’ rights. Based on input received both at Working Party and at political level, the TSM proposal was simplified in doc 13383/14, with the deletion of the following parts: Chapter II on single authorisation, Section 2 of Chapter III on other inputs and Article 37 on BEREC. The new text has been discussed in WP TELE on 6 occasions. The Presidency has also arranged a joint Council-EP workshop with BEREC on 11 November to discuss roaming. BEREC is expected to deliver an opinion on possible approaches on roaming in early December. 6. Delegations generally accepted the deletions and the focus, in the text presented by the Presidency (Doc 13383/14), on roaming and open internet/net neutrality as the two core issues. Meanwhile, a number of delegations considered that the text still contained complexities with respect to roaming and that it did not yet offer sufficient solutions to the existing problems relating to open internet/net neutrality, on which they invoked a principles- based approach. The intensive examination of both the TSM proposal and of Doe 13383/14 has resulted in an understanding to focus continuing discussions only on the two core issues, primarily roaming but also open internet/net neutrality. The Presidency is also presenting a new, simplified text on spectrum, reflecting the common denominator between Member States’ positions. 15541/14 PT/ek 3 DG E2B LIMITE EN