RD364 - ETNO Reflection Document - ETNO answer to EU-consultation on Non Discrimination
ETNO welcomes the consultation launched by the European Commission on non-discrimination. This is a matter of great impact and importance to its members. ETNO hereby submits answers to the questions that are of joint concern to the association.Executive Summary
ETNO welcomes the consultation launched by the European Commission on non-discrimination. This is a matter of great impact and importance to its members. ETNO hereby submits answers to the questions that are of joint concern to the association.
Executive Summary
- ETNO welcomes the consultation launched by the European Commission on non-discrimination. This is a matter of great impact and importance to its members. ETNO hereby submits answers to the questions that are of joint concern to the association.
- ETNO is of the view that the non-discrimination obligation should be implemented in a proportionate manner, while taking due account of the specific national circumstances of each case. Therefore, the obligations related to non-discrimination are in the very first place to be dealt with at national level.
- Respecting the principle of proportionality is all the more important in an NGA-NGN context, where an overly strict implementation of the non-discrimination obligation would seriously hamper the traditional SMP operators as compared to their non-regulated platform competitors.
- In light of the above, ETNO believes that guidance from the EU Commission on the non-discrimination principle should be limited to what is really necessary to achieve a uniform interpretation of the non-discrimination obligation, and should refrain from artificially extending the scope or the application of this remedy.
- ETNO also considers that the respect of the non-discrimination obligation is most efficiently monitored by KPI.