RD190 - ETNO Reflection Document on Market Analysis Procedures in Accession Countries

ETNO continues to fully subscribe to the concept of harmonisation throughout Europe and finds that the New Regulatory Framework (NRF) should be applied equally in Accession Countries (AC) and EU15 countries.

However the association finds it important that the Commission, the ERG and the professional community are made aware of the particularities of the implementation of the NRF under specific market realities that prevail in AC countries. These particularities require an in-depth analysis, whereby transparency and reasonable consultation deadlines should be ensured during the whole market analysis process. In the course of identifying markets where ex-ante regulation is necessary, AC NRAs should be encouraged to draw appropriate and proportionate conclusions from the respective market particularities and trends. NRAs should refrain from copying EU15 market analysis procedure patterns and decisions. Besides the 18 markets of the EU Recommendation, geographical segmentation might also be considered if markets can be segmented due to heterogeneous competition conditions. Regulatory tools for wholesale markets which could lead to below-cost wholesale prices have to be avoided. To eliminate the digital divide between Acs and EU15 member states, in addition to governments’ actions (like tax allowances and direct funding of projects) utilisation of structural funds through National Development Plans could play an important role.