Berec was not consulted during the the elaboration of the legislation, nor was the proposal subject to a public consultation. As a result, the EC "has not had the opportunity to test the extent to which its proposals will deliver on its stated objectives, or the extent to which they are operationally feasible or effective, or might otherwise have unintended consequences", the regulator said.
Berec sees the proposals as a move away from the current pro-competitive regulation towards a framework that favours market consolidation. It noted that this may not be needed, as the market situation is not as bad as some make out. The regulator fears the EC's proposals could undermine the legal certainty of the current EU regulatory framework, as well as jeopardise investment, competition and consumer benefits.
Berec termed the EC's proposals "an aggregation of several unrelated measures", whereas the EU regulatory framework "should be approached as a coherent whole". The regulator is also concerned that the proposal will upset the balance power among the EC, member states and national regulators, by centralising too much power at the EC and reducing the national regulators' room for manoeuvre.
Berec said it will work any EU bodies to provide its input as the legislation goes through Parliament and the Council.
