Public consultation in France on the transposition of the EECC
The French government has launched a public consultation on the transposition of Directive (EU) 2018/1972 of 11 December 2018, establishing the EU Electronic Communications Code (EECC), which must be transposed before 21 December 2020.
What is it about?
The consultation concerns the draft amendment to the Postal and Electronic Communications (CPCE) and Consumer Code, with a view to transposing the EECC.
What is the EECC?
Since the liberalization of the telecoms sector in 1998, there have been three telecom “packages” – in 2002, 2009 and 2018 – with this directive. In this new directive, there is no longer a “package” of five directives, but a single “code” directive. However, the EECC is fundamentally in line with previous texts.
Emphasis is placed on investing in next-generation networks (very high capacity networks, such as fiber optics and 5G), in addition to other more traditional objectives, such as competition (including ‘effective competition’). infrastructure-based ‘) or the development of the internal market.
The French government specifies that the objective of the code is to create a harmonized framework within the EU for the regulation of electronic communications networks and services, whether intended for telecoms or the audiovisual sector. The goal is to :
Regulate access to communication networks and services, whether fixed or mobile, using the concepts of ex ante competition law
Guarantee the quality, resilience and security of networks
Grant rights to users of electronic communications services (number porting, information to be included in contracts, maximum duration of contracts, etc.)
For more information see our publication on the EECC.
How is the consultation presented?
This is the draft modification of the CPCE, which is broken down into seven annexes, with the full text of the proposed modifications and that of the Consumer Code in an eighth annex, as follows:
Annex 1: Transposition relating to definitions and governance
Annex 2: Transposition relating to general authorization and legal obligations
Annex 3: Transposition relating to information on the state of networks, deployment schedules and requests for information from companies
Annex 4: Transposition relating to the universal electronic communications service
Annex 5: Transposition relating to access
Appendix 6: Transposition relative to the p spectrum
Annex 7: Transposition relating to numbering
Annex 8: Transposition relating to consumer rights
What are the consequences for Internet and OTT services?
The EECC now includes over the top service providers (OTT) in electronic communications operators.
The new definition of electronic communications operator introduced by the EECC is now based on a functional approach, taking into account the evolution of uses and the desire to offer better protection to end users. He understands:
Interpersonal communication service by number (traditional telcos, but also OTT)
Interpersonal communications services, Internet access services and number independent signal transmission services
Although they are now incorporated into electronic communications law, number-independent interpersonal communications services are however subject only to certain obligations contained therein (in particular, alerting populations, interceptions, protection of communication data. 2002/58 / EU…)
For more information see our publication on EECC and OTT.
Who wrote the text presented for consultation?
The Government specifies that the transposition falls under the competence of the Ministry of the Economy and Finance (in association with other ministries possibly concerned) and more particularly of the General Directorate of Enterprises (DGE), with regard to the modification of the CPCE, and the French regulator in charge of consumer protection (DGCCRF), in compliance with the modification of the consumer code.
The government has asked Parliament to empower it to take the legislative measures for this transposition by ordinance (i.e. without the full legislative process before Parliament – there is a review by Parliament after the promulgation) within the framework of the bill on audiovisual and cultural communication. sovereignty in the digital age.
When is the deadline to contribute?
Contributions must be sent by March 16, 2020, as follows:
Directorate-General for Enterprises
Department of Digital Economy
67, rue Barbès – BP
80001 94201 IVRY-SUR-SEINE CEDEX
© Copyright 2021 Squire Patton Boggs (US) LLPRevue nationale de droit, volume X, number 45