IRG/ERG Gabrielle Gauthey Member of the Board of ART

IRG: First steps of the cooperation 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 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 cooperation between NRAs The ERG (European Regulators Group) was established by the Commission’s decision of July 29 th (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: Functions Has advisory functions: assists and advises the Commission Discusses implementation measures Does not take legally binding decisions Provides different kinds of documents: Common Positions Opinions Reports, often including benchmarks Internal document (working paper)

ERG: 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

The IRG/ERG coexistence IRG favoured the establishment of the ERG With the ERG, where the Commission participates, IRG has an official role to play, IRG continues to exist in parallel Joint IRG/ERG Work programme

Harmonisation in practice through ERG 2004 work programme 3 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 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 separation 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 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 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

Conclusion 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 attention