**Executive Summary**
This directive amends Commission Directive 2008/63/EC by removing the annual reporting obligation for Member States. This action is part of the Commission's strategy to reduce administrative burdens and streamline reporting requirements, as the original objectives of Directive 2008/63/EC have largely been achieved. The directive enters into force twenty days after its publication in the Official Journal of the European Union.
**Key Points / Main Content**
* **Amendment of Directive 2008/63/EC:** This directive specifically amends Commission Directive 2008/63/EC.
* **Deletion of Reporting Obligation:** Article 7 of Directive 2008/63/EC, which required Member States to submit annual reports to the Commission, is deleted.
* **Deletion of Reporting Annex:** Annex I of Directive 2008/63/EC, which outlined the format for the reports, is also deleted.
* **Justification for Deletion:** The reporting requirement is deemed no longer necessary as Member States have significantly progressed in eliminating exclusive or special rights in telecommunications terminal equipment markets, and the directive's policy objectives are still relevant.
* **Objective:** The primary aim is to streamline reporting requirements and reduce administrative burdens, in line with the Commission's targets for burden reduction.
* **Effect on Transposition Measures:** The deletion of Article 7 and Annex I allows Member States to repeal any transposition measures previously adopted in their laws, regulations, or administrative provisions related to this reporting.
* **Entry into Force:** The directive will enter into force on the twentieth day following its publication in the Official Journal of the European Union.
**Impact Analysis**
**Member States**
* **Impact:** Member States are relieved of the administrative burden associated with preparing and submitting annual reports on compliance with Directive 2008/63/EC. They may also repeal existing national transposition measures related to this reporting.
* **Action Required:** Member States should ensure their national legislation and administrative practices are updated to reflect the deletion of Article 7 and Annex I of Directive 2008/63/EC, and cease reporting activities as required by the repealed provisions.
Key Entities Referenced
COMMISSION DIRECTIVE (EU) 2026/500: The primary policy document being amended, which concerns reporting obligations.
Directive 2008/63/EC: The original EU directive concerning competition in telecommunications terminal equipment markets that is being amended.
Article 7 of Directive 2008/63/EC: The specific reporting obligation within the original directive that is being deleted.
Annex I to Directive 2008/63/EC: The outline for the reporting obligation that is being deleted.
Competitiveness Compass: A referenced Commission initiative that supports streamlining and reducing administrative burdens.
Official Journal EN
of the European Union L series
2026/500 6.3.2026
COMMISSION DIRECTIVE(EU) 2026/500
of 5 March 2026
amending Directive 2008/63/EC as regards a reporting obligation
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 106(3) thereof,
Whereas:
(1) Commission Directive 2008/63/EC(1)aims at preserving competition in the markets in telecommunications terminal
equipment and requires Member States which have granted exclusive or special rights to undertakings to ensure that
all exclusive rights are withdrawn, as well as those special rights which: (a) limit to two or more the number of
undertakings, otherwise than according to objective, proportional and non-discriminatory criteria; or (b) designate,
otherwise than according to the criteria referred to in point (a), several competing undertakings. Article 3 of that
Directive also requires Member States to ensure that operators have the right to import, market, connect, bring into
service and maintain terminal equipment.
(2) Article 7 of Directive 2008/63/EC lays down a reporting obligation according to which Member States are to provide
the Commission at the end of each year with a report allowing it to monitor compliance with Articles 2, 3, 4, and 6
of that Directive. An outline of the report referred to in Article 7 is set out in Annex I to Directive 2008/63/EC.
(3) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation.
However, it is important to streamline those requirements, to ensure that they fulfil the purpose for which they were
intended and to limit the administrative burden. This is aligned with the Commission’s target, announced, in the
January 2025 Competitiveness Compass(2) and February 2025 Communication on implementation and
simplification(3), of reducing administrative burdens by at least 25 % and by at least 35 % for small and medium
enterprises (‘SMEs’).
(4) Directive 2008/63/EC has in great part achieved its objectives as Member States have progressively eliminated
exclusive or special rights for terminal equipment. In light of this, the obligation set out in Article 7 of that Directive
to provide the Commission at the end of each year with a report allowing it to monitor compliance with Articles 2, 3,
4, and 6 is no longer necessary. Therefore, and in line with the Commission’s priority of streamlining reporting
requirements and reducing administrative burden, this reporting requirement should be eliminated.
(5) The proposal to delete the reporting requirement does not affect the relevance of the policy objectives at the basis of
Directive 2008/63/EC.
(6) The deletion of Article 7 of Directive 2008/63/EC and Annex I thereto allows Member States to repeal any
transposition measures which have been adopted in their laws, regulations or administrative provisions.
(7) Directive 2008/63/EC should therefore be amended accordingly,
(1) Commission Directive 2008/63/EC of 20 June 2008 on competition in the markets in telecommunications terminal equipment
(OJ L 162, 21.6.2008, p. 20, ELI: http://data.europa.eu/eli/dir/2008/63/oj).
(2) Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and
Social Committee and the Committee of the Regions, A competitiveness compass for the EU, COM(2025) 30 final.
(3) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and
the Committee of the Regions, A simpler and faster Europe: Communication on implementation and simplification, COM(2025) 47
final.
ELI: http://data.europa.eu/eli/dir/2026/500/oj 1/2EN
OJ L, 6.3.2026
HAS ADOPTED THIS DIRECTIVE:
Article 1
In Directive 2008/63/EC, Article 7 and Annex I are deleted.
Article 2
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 5 March 2026.
For the Commission
The President
Ursula VON DER LEYEN
2/2 ELI: http://data.europa.eu/eli/dir/2026/500/oj