International current consultations

  • BEREC consultation on the incorporation of the ECJ judgements on the Open Internet Regulation in the BEREC Guidelines
The Body of European Regulators for Electronic Communications (BEREC) is currently assessing the rulings issued by the Court of Justice (ECJ) on 2 September 2021 regarding violation of the Open Internet Regulation (C 34/20 – Telekom Deutschland, C-854/19 – Vodafone and C-5/20 – Vodafone). This assessment will help to prepare the review of the BEREC Guidelines on the Implementation of the Open Internet Regulation in line with the ECJ rulings.
The three cases referred to in the ECJ rulings consist of internet access services’ offers including a ‘zero-tariff’ or ‘zero-rating’ option.  Such practices entail that the traffic generated by specific (categories of) applications is not counted towards the data volume of the basic package. BEREC has observed that all three rulings refer to the obligation of equal treatment of traffic (Article 3(3) of the Open internet Regulation) and the practice of differentiated billing based on commercial considerations.
During its 48th plenary meeting (30 September 2021, Dubrovnik), the Board of Regulators has decided to launch a call to all interested stakeholders and offer them the opportunity to share their views on the ECJ rulings on zero-rating with an appropriate justification supporting their understanding.
More details on the public consultation are available on the BEREC webpage, while inputs can be submitted by 20.10.2021, 18:00 hours (Romania’s time).