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European Electronic Communications Code (EECC)
From Department of the Environment, Climate and Communications
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The European Electronic Communications Code (EECC) represents a revision of the entire EU regulatory framework for the telecommunications sector.
Directive 2018/1972 establishes the EECC, and repeals and replaces the Framework Directive, the Authorisation Directive, the Access Directive and the Universal Services Directive.
The electronic communications sector had seen rapid development in the ten years since the previous European regulatory framework was established, including the emergence of Over the Top (OTT) players to challenge the traditional telecommunications market, increased demand for connectivity globally requiring an increase in High Capacity Networks (HCN) and the development of next generation mobile connectivity (such as 5G).
These changes required a review of the legislative framework for the telecommunications sector to make it fit for the digital age and to provide a regulatory landscape in which Europe's electronic communications sector could thrive.
To achieve this, the EECC updates the following key areas:
- The end-user rights enjoyed by consumers of electronic communications services in the Union
- The Universal Services regime applicable to electronic communications
- The rules governing the assignment and use of radio spectrum
- The regime governing access to infrastructure obligations on operators deemed to have Significant Market Power
- Expansion of scope of the regulatory framework to include new market players
Primary and secondary legislation gives effect to the transposition of the EECC, specifically in the Communications Regulation Bill 2022 and the European Union (European Electronic Communications Code) Regulations 2022.
Ensuring the regulatory framework as transposed by Ireland is fit for purpose for the next decade is critical. Our objective is to complete the transposition process as soon as is practical but, in doing so, we must ensure a fully effective and considered legal instrument.
The Communications Regulation Bill aims to achieve five objectives:
1. The Bill designates ComReg as the competent authority for the purpose of enforcing the EECC and transpose the enforcement elements of this Directive.
2. The Bill provides ComReg with a new civil enforcement regime and an updated criminal enforcement procedure for the electronic communications sector, fulfilling a key commitment in the Programme for Government 2020.
3. The Bill transposes the security provisions of the Code (Article 40 and 41) and, in so doing, provide a mechanism for the Minister to specify security measures by Regulation and to make guidelines relating to network security and to provide a legislative basis to enforce the Electronic Communications Security Measures.
4. The Bill provides for additional consumer protections, specifically, an enhanced alternative dispute resolution process for consumers, a new power for ComReg to set minimum quality of service standards that operators must guarantee to their consumers, a new compensation scheme that will entitle consumers to compensation for specific customer service failings on the part of their operator and a new “Customer Charter” that will clearly set out the standards consumers can expect their services to provide. These measures will also give effect to Articles 25, 104 and 106(8) of the EECC.
5. Finally, the Bill makes several amendments to the Communications Regulation Act, 2002 (the 2002 Act), to update a number of ComReg's investigatory and prosecutorial powers in light of the EECC.
The priority drafting of the Bill was approved by Cabinet on 14 December 2021. Pre-legislative scrutiny of the Bill was carried out by the Joint Oireachtas Committee for Transport and Communications, whose report was published on 24 June 2022. Government subsequently approved publication of the Bill on 27 July 2022.
Regulatory Impact Assessment - Communications Regulation Bill 2022
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Communications Regulation (Enforcement) Bill 2022 - Summary Document
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The majority of the EECC will be transposed by way of secondary legislation, which will be enacted at the same time as the Communications Regulation Bill, 2022.
Below you will find the European Union (Electronic Communications Code) Regulations 2022, which were signed on 6 September 2022, and will commence on enactment of the Communications Regulation Bill.)
DECC have held a number of workshops with stakeholders in relation to the EECC. Presentations from these information sessions are below.
Communications Regulation Bill Industry Presentation October 2022
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OTT Stakeholder Event Presentation Nov 2020
Presentation for the European Electronic Communications Code
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Industry Seminar EECC Presentation July 2020
Presentation for the European Electronic Communications Code
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OTT Presentation March 2020
Presentation for the European Electronic Communications Code
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Stakeholder Presentation Dec 2019
Presentation for the European Electronic Communications Code
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Should you have any questions in respect of this upcoming primary legislation, or the Code transposition more generally, you are invited to contact the Department via email at tprd@decc.gov.ie
Please note, the draft legislation above is provided for information purposes only and is subject to change.