IRG/ERG

1. IRG/ERG Gabrielle Gauthey Member of the Board of ART

2. 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)

3. 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

4. ERG: A new approach of the cooperation 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

5. 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)

6. 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

7. Harmonisation in practice through ERG 2004 work programme3 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. Thank you for your attention