IRG/ERGIRG/ERG

Gabrielle Gauthey

Member of the Board of ART

IRG: First steps of the IRG: First steps of the cooperation between NRAscooperation between NRAs

• Independent regulatory group (IRG) was founded in 1997 in Paris

• Informal group of telecom NRAs with the aim of harmonising regulatory practices across Europe and to ensure a consistent application of the European legislation by issuing so called Principles of Implementation and Best Practice (PIBs)

• Since April 2004 IRG has 31 members who meet regularly (15 “old” MS + 10 “new” MS + EEA countries+ Switzerland + 2 “candidates” countries)

• BIPT (Belgium) chairs IRG since Jan 2004 for one year, next year NITA (Denmark)

IRG: Working methodsIRG: Working methods

• Sharing experience and information• Developing common approaches• Discussing national implementation measures• Horizontal coordination on a voluntary basis• Public consultations• 7 permanent working groups + project teams when

needed• Decision by consensus

ERG: A new approach of the ERG: A new approach of the cooperation between NRAscooperation between NRAs

• The ERG (European Regulators Group) was established by the Commission’s decision of July 29th (2002/627/EC) amended by the Commission Decision 2004/3445/EC of 14 September 2004

• Heads of the relevant NRAs and Commission delegates sit at the ERG

ERG: FunctionsERG: Functions

• Has advisory functions: assists and advises the Commission

• Discusses implementation measures • Does not take legally binding decisions• Provides different kinds of documents:

Common PositionsOpinionsReports, often including benchmarksInternal document (working paper)

ERG: OrganisationERG: Organisation

• The chairperson is always a NRA president, he is responsible for the agenda

• The secretariat of the group is provided by the Commission

• Regular ERG meetings (5 in 2004, 4 scheduled in 2005) at “Heads” level

Harmonisation in practice through Harmonisation in practice through ERG 2004 work programmeERG 2004 work programme

3 examples3 examples

• Development of a common analysis e.g. : common approach on remedies

• Opinion to the Commission, e.g. : common position on accounting separation

• Common action, e.g. : mobile termination

Common approach on remediesCommon approach on remedies

NB : The remedies applie when markets have been defined and SMP operators designated

• A typology of practical situations that can be faced• Theoretical analysis of these situations (theoretical

economics, competition case law) • Outcome: an analitycal collection of remedies

adapted to each market situation that enables NRAs to apply the same remedies to the same situations

Common position on accounting Common position on accounting separationseparation

• A revision of the Commission recommendation of 1998 due to the new framework and taking into account the past experience

• Outcome: a new (draft) recommendation (to be formally adopted by the Commission) reflecting NRAs concerns

Mobile terminationMobile termination

• The goal of this paper is to implement PIBs about mobile termination adopted in 2003

• Agreement on a maximum tariff to be reached by all the mobile operators at a fixed date (to be finalised during the ERG meeting of the next week)

• Outcome: an harmonisation with an impact on all member states end users

Work to be continued in 2005Work to be continued in 2005

• The draft of the 2005 work programme will be submitted to a public consultation in december

• Main issues :        economics and legal scheme of VoIP        international roaming : end of the

analysis started in 2004        operating aspects of accounting separation

_ evaluation of market analysis : relevant markets, remedies

ConclusionConclusion

ERG usefulness lies in information and experiences sharing in a mutual way:

• It helps each NRA to improve its regulatory practice

• It gives each NRA the opportunity to share the benefit of its experiences

Thank you for your attentionThank you for your attention