See Full Document Text
Official Journal EN
of the European Union L series
2025/2407 27.11.2025
EFTA SURVEILLANCE AUTHORITY DECISIONNo 102/25/COL
of 2 July 2025
EFTA Surveillance Authority Recommendation on the form, content, time limits and level of detail
to be given in notifications under the procedures set in Article 32 of the Act referred to at point 5czs
of Annex XI to the EEA Agreement (Directive (EU) 2018/1972 of the European Parliament and of the
Council of 11 December 2018 establishing the European Electronic Communications Code), as adapted by
Protocol 1 to the EEA Agreement and by the sectoral adaptations contained in Annex XI to that
Agreement [2025/2407]
THE EFTA SURVEILLANCE AUTHORITY (‘THE AUTHORITY’),
Having regard to the Agreement on the European Economic Area (‘EEA Agreement’)(1) and the Agreement between the
EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (‘the Surveillance and Court
Agreement’)(2), and in particular Article 5(2)(b) of Part II of the Surveillance and Court Agreement,
Having regard to the Act referred to at point 5czs of Annex XI to the EEA Agreement, Directive (EU) 2018/1972 of the
European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (‘the
Code’)(3), as adapted by Protocol 1 to the EEA Agreement and by the sectoral adaptations contained in Annex XI to that
Agreement, and in particular Article 34 of the Code,
Having regard to the Authority’s Recommendation of 2 December 2009 on notifications, time limits and consultations
provided for in Article 7 of the Act referred to at point 5cl of Annex XI to the EEA Agreement (‘the Authority’s 2009
Recommendation’)(4),
WHEREAS:
(1) On 30 March 2021, the European Commission (‘the Commission’) issued Recommendation (EU) 2021/554 of
30 March 2021 on the form, content, time limits and level of detail to be given in notifications under the procedures
set in Article 32 of the Code (‘Recommendation (EU) 2021/554’)(5). The Body of European Regulators for Electronic
Communications (‘BEREC’) was consulted by the Commission pursuant to Article 34 of the Code and delivered an
opinion on 12 February 2021.
(2) The objective of the EEA Agreement is to establish a dynamic and homogeneous European Economic Area (‘EEA’)
based on common rules and equal conditions of competition(6). In light of this objective and the considerations
above, the Authority adopts the present Recommendation (‘this Recommendation’) aligned with Recommendation
(EU) 2021/554 in order to ensure a uniform application of the common regulatory framework and legal certainty
for stakeholders within the electronic communications markets in the EEA.
(1) OJ L 1, 3.1.1994, p. 3.
(2) OJ L 344, 31.12.1994, p. 1 and EEA Supplement No 59, 31.12.1994, p. 1.
(3) OJ L 321, 17.12.2018, p. 36.
(4) EFTA Surveillance Authority Recommendation of 2 December 2009 on notifications, time limits and consultations provided for in
Article 7 of the Act referred to at point 5cl of Annex XI to the EEA Agreement (Directive 2002/21/EC of the European Parliament and of
the Council on a common regulatory framework for electronic communications networks and services), as adapted by Protocol 1 thereto and by
the sectoral adaptations contained in Annex XI to that Agreement (OJ C 302, 13.10.2011, p. 12 and EEA Supplement No 56,
13.10.2011, p. 10).
(5) Commission Recommendation (EU) 2021/554 of 30 March 2021 on the form, content, time limits and level of detail to be given in
notifications under the procedures set in Article 32 of Directive (EU) 2018/1972 of the European Parliament and of the Council
establishing the European Electronic Communications Code (OJ L 112, 31.3.2021, p. 5).
(6) 4threcital in the Preamble to the EEA Agreement.
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(3) Under the Code, the national regulatory authorities (‘NRAs’) are to contribute to the development of the internal
market by working with NRAs of other EEA States, with the Authority and with BEREC under Regulation
(EU) 2018/1971 of the European Parliament and of the Council(7), in a transparent manner in order to ensure the
consistent application of the Code in all EEA States.
(4) To ensure that decisions taken at national level do not adversely affect the internal market for electronic
communications or the objectives of the regulatory framework, NRAs are required to notify the Authority, BEREC
and the NRAs in other EEA States of the draft measures referred to in Article 32(3) of the Code. This notification
therefore constitutes an essential procedural requirement. Consequently, failure to comply with this requirement,
including in the case of draft decisions specifying or modifying previously notified regulatory obligations, may lead
to the annulment of the measure in conformity with national law(8).
(5) Articles 32 and 33 of the Code lay down certain procedures and binding time limits for the consideration of the
notifications.
(6) To ensure the effectiveness of cooperation and the consultation mechanism, and to contribute to legal certainty,
recommendations concerning the main procedural aspects of the notifications made under the relevant provisions
were introduced by the EFTA Surveillance Authority Recommendation of 14 July 2004 (‘the Authority’s 2004
Recommendation’)(9). The Authority’s 2004 Recommendation was later replaced by the Authority’s 2009
Recommendation with a view to further simplifying and improving guidance on the notification process. This
Recommendation updates the applicable guidance to reflect recent practice and accommodates the provisions of the
Code.
(7) Pre-notification contacts to discuss formal and substantive issues concerning draft measures before formal
notification have proven to be very useful for both the Authority and the NRAs, which have often requested them.
During such exchanges, NRAs have the opportunity to present their draft measures and have an open discussion
with the Authority on the proposed national measures. Therefore, NRAs should be encouraged to request pre-
notification contacts as early as possible, before or/and after their national consultations, especially for draft
measures concerning market reviews.
(8) Contacts between the Authority and the notifying NRAs are foreseen at different stages of the notification process,
including when the Authority requests additional information from the NRA or immediately after the Authority
adopts comments or no comments letters or decisions opening an in-depth phase of investigation.
(9) The Code allows NRAs to withdraw a notified draft measure at any time. Where a notified draft measure is withdrawn
in the initial 1-month period, the notified measure is always removed from the register in the secure electronic
interface and from the public register(10). Where, however, the notified draft measure is withdrawn only after the
Authority has issued a decision requiring the NRA to withdraw that draft measure under Article 32(6), point (a) of
the Code, the initially notified measure remains in the register in the secure electronic interface and in the public
register for transparency purposes. In either case, a notice of withdrawal is published in the public register.
(7) Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 establishing the Body of European
Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office), amending Regulation
(EU) 2015/2120 and repealing Regulation (EC) No 1211/2009 (OJ L 321, 17.12.2018, p. 1) (referred to at point 5czr of Annex XI to
the EEA Agreement).
(8) Judgment of the Court of Justice of 20 December 2017, Polkomtel sp. z o.ov Prezes Urzędu Komunikacji Elektronicznej, Case C-277/16,
EU:C:2017:989, paragraph 45; judgment of the Court of Justice of 14 April 2016, Polkomtel, Case C-397/14, EU:C:2016:256,
paragraph 56 and reply of the Court to question 2; judgment of the Court of Justice of 17 September 2015, KPN BV v Autoriteit
Consument en Markt (ACM), Case C-85/14, EU:C:2015:610, paragraph 47. Please also see national court judgments of the Italian
Consiglio di Stato, n. 3722/2019, which annulled AgCom’s decision n. 259/14/CONS based on purely procedural grounds (without
entering in the merits of the dispute) for failure to comply with the internal market consultation procedure. Also, the Polish courts
annulled the national regulatory decisions, affecting trade between Member States which imposed regulatory obligations without
mandatory prior EU consultations (VI ACa 1148/11, VI ACa 137/14).
(9) Recommendation of the EFTA Surveillance Authority No 193/04/COL of 14 July 2004 on notifications, time limits and consultations
provided for in Article 7 of Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework
for electronic communications networks and services (OJ L 113, 27.4.2006, p. 10 and EEA Supplement No 21, 27.4.2006, p. 39).
(10) https://www.eftasurv.int/competition/ecom-notifications/ecom-documents.
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(10) To give further guidance to NRAs on the content of draft measures, this Recommendation identifies certain
minimum information that should be provided on the content of draft measures in order for them to be properly
assessed. This should also reduce the amount of information subsequently requested by the Authority during the
assessment of the notification.
(11) Account has to be taken of the need to ensure effective assessment, on the one hand, and to simplify administrative
procedures as far as possible, on the other. In this respect, the notification mechanism should not involve any
unnecessary administrative burdens on the parties concerned. To help simplify the examination of a notified draft
measure by the Authority, BEREC and NRAs of other EEA States, and to make the process faster, NRAs should use a
set of forms for notifications.
(12) In order to increase transparency on a notified draft measure and to facilitate the exchange of information about such
measures between NRAs of EEA States, BEREC and the Authority, both the Standard and the Short Notification
Forms that are made public should contain a clear, summarised description of the main elements of the draft
measure to be notified. The templates of those forms indicate that the information required in the template sections
should be provided where applicable, meaning that not all the information may be relevant in every single case.
(13) A Short Notification Form should be used for certain categories of draft measures of a recurring and/or technical
character in order to reduce the administrative burden on all parties concerned. NRAs frequently amend technical
details of the remedies previously imposed to take account of changes in relevant economic indicators or factors
(such as changes in the cost of equipment, cost of labour, inflation rate, or property rental rates), or to update
forecasts or assumptions. Only changes or updates of details that do not change the nature or the general scope of
pre-existing remedies should be notified by means of the Short Notification Form. The assessment of such types of
draft measures is likely to be less complex; therefore, as it has happened already in the past, it may be completed by
the Authority in less than 1-month period. Similarly, the Authority’s past practice shows that the assessment of
those types of draft measures has often not given rise to comments by the Authority to the NRA in accordance with
Article 32(3) of the Code. Therefore, it is clarified in the Recommendation in which situations a Short Notification
Form can be used.
(14) On the other hand, material changes to the nature or scope of remedies that have an appreciable impact on the
market, such as amendments to the methodologies used to calculate costs or prices(11), determination of glide paths
or changes in price levels (except for price updates that simply reflect changes in the relevant economic indicators or
factors described above), should be notified using the Standard Notification Form.
(15) The set of notification forms should also include, where applicable, indications on the content of notifications related
to the new provisions introduced by the Code. This includes in particular notifications falling under the scope of
Articles 61 and 76 of the Code (symmetric access obligations and co-investment offers) and under the scope of
Articles 78 to 81 of the Code (voluntary separation, commitments, wholesale-only undertakings and migration
from legacy infrastructure).
(16) The mechanism allowing the Authority to require NRAs to withdraw planned measures concerning market definition
and the designation of undertakings as having significant market power, where such measures would create a barrier
to the internal market or would be incompatible with EEA law, has contributed significantly to consistent regulatory
approaches amongst EEA States. The mechanism has proven to be effective in clarifying the circumstances in which
ex anteregulation should be applied.
(11) For example, information regarding the calculation of the Weighted Average Cost of Capital in line with the Commission Notice on the
calculation of the cost of capital for legacy infrastructure (WACC Notice) (2019/C 375/01), OJ C 375, 6.11.2019, p. 1.
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(17) The experience of the internal market procedure under Articles 7 and 7a of Directive 2002/21/EC of the European
Parliament and of the Council(12)has shown that inconsistencies in the NRAs’ application of remedies under similar
market conditions may undermine the internal market in electronic communications.
(18) The Code has conferred new powers on the Authority, where BEREC shares its concerns, to require an NRA to
withdraw draft measures relating to (i) the extension of obligations beyond the first concentration or distribution
point to address high and non-transitory economic or physical barriers to replication (Article 61(3) of the Code), or
(ii) to the regulatory treatment of new very high-capacity networks (VHCN) (Article 76 of the Code).
(19) To meet the general objectives laid down in Article 3 of the Code, in particular the objectives of removing remaining
obstacles to the internal market and promoting regulatory predictability, full compliance with the notification
mechanism laid down in Article 32 of the Code is essential.
(20) With the aim to increase the transparency and effectiveness of Article 32 consultation mechanism, the Authority,
NRAs of other EEA States and BEREC should be able to verify readily whether and how the notifying NRA has taken
into account the comments provided on a notified draft measure. To this purpose, when an NRA communicates the
adopted measure to the Authority, BEREC or NRAs of other EEA States, after having received comments from them,
it should specify the manner in which it took the utmost account of those comments.
(21) NRAs’ requests to extend the deadline to notify a new market analysis under Article 67(5) of the Code are to contain
sufficient and reasoned information to allow the Authority to assess whether to grant the requested extension.
(22) This Recommendation has been subject to a consultation with NRAs in the EFTA States and with the
Commission(13).
HEREBY RECOMMENDS:
Communication channels
1. NRAs are encouraged to avail themselves of the opportunity to discuss informally with the Authority any preliminary
findings or questions related to future draft measures in a pre-notification meeting (including a phone call or
videoconference, where more convenient). These pre-notification contacts should be encouraged, before and/or after
the national consultation provided for in Article 23(1) of the Code. These pre-notification contacts are of particular
importance for draft measures consisting of market reviews but also relevant for remedies. In those cases, in
particular where the draft measure is subject to significant changes following the public consultation, additional pre-
notification contacts are encouraged before the formal notification of such measures under Article 32(3) of the Code.
2. NRAs should submit notifications via the secure electronic interface identified by the Authority.
3. Where, for technical or other reasons, documents related to the notification cannot be uploaded to the secure
electronic interface, the NRA may send the documents to the Authority by electronic mail. The NRA should upload
any document, exceptionally sent by electronic mail, to the secure electronic interface as soon as technically possible.
(12) Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for
electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33), as referred to at point 5cl of
Annex XI to the EEA Agreement and as adapted to the Agreement by Protocol 1 thereto and subsequently deleted by Article 1(3) of
Decision of the EEA Joint Committee No 275/2021 of 24 September 2021 amending Annex XI (Electronic communication,
audiovisual services and information society) to the EEA Agreement [2024/479] (OJ L, 2024/479, 22.2.2024and EEA Supplement
No 17, 22.2.2024, p. 94).
(13) The consultation took place between 2 May 2025 and 23 May 2025.
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4. Following the upload of a notification to the secure electronic interface (registration), the Authority may send the
NRA a request for information or clarification, in accordance with Article 20(2) of the Code. It is recommended that
NRAs provide the information requested within 3 working days(14), where this is readily available. NRAs should
inform the Authority of any problem they might encounter to meet this deadline.
5. Where an NRA of another EEA State or BEREC makes comments on a notification, it may issue these comments in
any official language it chooses, and should preferably accompany them by an English translation, which may
facilitate their consultation by all NRAs of other EEA States. It should communicate those comments to the
Authority, BEREC and the NRAs of other EEA States, by electronic means.
6. NRAs should identify and redact any confidential information, and request correction of any errors contained in the
Authority’s comments or no comments letter within 3 working days, before the latter is published in the public
register.
7. An NRA may decide at any time to withdraw the notified draft measure. In this case, the NRA should upload a Notice
of Withdrawal in the secure electronic interface.
8. Where an NRA adopts a draft measure, previously notified under Article 32(3) of the Code, after having received
comments from the Authority, BEREC or an NRA of another EEA State, it should communicate to the Authority,
BEREC and NRAs of other EEA States both the adopted measure and the manner in which it took the utmost
account of the comments made. In order to increase transparency, and facilitate procedures for the communication
of adopted measures, NRAs should communicate to the Authority their adopted measures by completing and
submitting the form set out in Annex IV, along with the adopted measure.
Level of detail to be contained in notifications
9. Notifications should be in any of the official languages of the EFTA States, accompanied by an English translation.
The Standard Notification Form (Annexes I and II) or the Short Notification Form (Annex III), together referred to as
the ‘set of notification forms’, and the communication of adopted measures (Annex IV) may be in any of the official
languages of the EFTA States, accompanied by an English translation, which may facilitate exchanges between NRAs
of EEA States and BEREC.
10. Draft measures notified by an NRA should be duly substantiated and accompanied by any other documentation
needed for the assessment of the measure. All information submitted by NRAs should be complete and summarised
in the notification form.
11. In order to improve the efficiency of the notification mechanism, to increase legal certainty for NRAs and market
players and to ensure timely implementation of regulatory measures, it is desirable that a notification by an NRA
covering a market analysis also include the remedies proposed by the NRA to address the market failures identified,
where possible. Where the draft measure relates to a market that is found to be competitive and remedies already
exist in relation to that market, the notification should also include the proposal to withdraw those obligations.
12. The set of notification forms are not meant to replace the notified draft measure, but their correct use should enable
the Authority, BEREC and the NRAs of other EEA States to verify that the notified draft measure does indeed contain
all the information needed for them to carry out their tasks under Articles 32 and 33 of the Code within the time
frame set therein.
(14) Time limits are calculated according to Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules
applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1), as referred to at point 6 of Annex XVI to the EEA Agreement
and as adapted to the Agreement by point 6 of Annex XVI and Protocol 1 thereto.
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13. The requested information should be provided by the NRA in the relevant sections of the notification form, with
cross-references to the part of the notified draft measure where this information is to be found.
14. NRAs are encouraged to discuss in advance with the Authority, especially during informal pre-notification contacts
any questions on whether a given national measure would fall in the scope of Article 32(3) of the Code, and on the
form or substance of planned notifications. Accordingly, NRAs are encouraged to consult the Authority on any
aspect of or question on the set of notification forms and, in particular, on the kind of information they are
requested to supply.
Notification by way of Standard Notification Form
15. Draft measures should be made available to the Authority, BEREC and the NRAs of other EEA States accompanied by
a duly completed Standard Notification Form as set out in Annex I and II, except in the cases referred to in point 18 of
this Recommendation.
16. The notified draft measures should include each of the following, where applicable:
(a) information required for all notifications by way of a Standard Notification Form
(1) the dates and results of the prior public consultation carried out by the NRA;
(2) the opinion issued by the national competition authority, where provided;
(b) additional information required for notifications of draft measures related to market analysis and
imposition of remedies (Articles 64, 67 and 68 of the Code)
(1) the relevant product or service market(15), in particular, a description of the products and services to be included in
and excluded from the relevant market on the basis of demand-side and supply-side substitutability; where, for the
purposes of the market analysis, a draft measure defines a relevant market which differs from those in the
Authority’s Recommendation on Relevant Markets of 9 April 2025(16), NRAs should demonstrate that the criteria
set in Article 67(1) of the Code are met;
(2) the relevant geographic market, including a reasoned analysis of the competitive conditions on the basis of demand-
side and supply-side substitutability as well as information and data used in the geographic analysis, regarding the
choice of the basic geographic unit, the structural and behavioural indicators used (that is to say, where applicable,
number of competing networks, market shares and shares trends, analysis of pricing behaviours or different prices at
regional level, and behavioural patterns)(17);
(3) the main undertakings active on the relevant market;
(15) See in particular points 24 to 51 of the EFTA Surveillance Authority Guidelines of 16 November 2022 on market analysis and the
assessment of significant market power under the EU regulatory framework for electronic communications networks and services
referred to in Annex XI of the Agreement on the European Economic Area, published here.
(16) EFTA Surveillance Authority Recommendation of 9 April 2025 on relevant product and service markets within the electronic
communications sector susceptible to ex anteregulation in accordance with the Act referred to at point 5czs of Annex XI to the EEA
Agreement (Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European
Electronic Communications Code), as adapted by Protocol 1 to the EEA Agreement and by the sectoral adaptations contained in Annex XI
to that Agreement, available on ESA’s website(‘the Authority’s Recommendation on Relevant Markets of 9 April 2025’).
(17) See the Authority’s Recommendation on Relevant Markets of 9 April 2025 and the Explanatory Note (SWD(2020) 337 final)
accompanying Commission Recommendation (EU) 2020/2245 of 18 December 2020 on relevant product and service markets
within the electronic communications sector susceptible to ex anteregulation in accordance with Directive (EU) 2018/1972 of the
European Parliament and of the Council establishing the European Electronic Communications Code (OJ L 439, 29.12.2020, p. 23).
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(4) the results of the analysis of the relevant market, in particular findings on the presence or absence of effective
competition on the relevant wholesale market and the analysis of the corresponding retail market, including the
reasons for that presence or absence, i.e. the notified draft measure should contain the market shares (preferably
both in terms of value and volume) of the different undertakings and trends in these market shares and a reference
to other relevant criteria, as appropriate, such as barriers to entry, economies of scale and scope, vertical integration,
control of infrastructure not easily duplicated, technological advantages or superiority, absence of or low
countervailing buying power, easy or privileged access to capital markets/financial resources, overall size of the
undertaking, product/services diversification, highly developed distribution and sales network, absence of potential
competition and barriers to expansion;
(5) where the case, the undertakings to be designated as having, individually or jointly, significant market power and the
reasoning, evidence and any other relevant factual information in support of such designation;
(6) in the case of notification of draft measures which fall within the scope of Article 68 of the Code, the specific
regulatory obligations proposed to address the lack of effective competition in the relevant market concerned or, in
cases where a relevant market is found to be effectively competitive and such obligations have already been imposed
on that market, the draft measures proposed to withdraw those obligations;
(7) for draft measures falling in the scope of Article 76(2) of the Code, the notification should contain in particular: a
detailed description of the commitment offered by the significant market power operator and how it complies with
the conditions of Article 76(1) of the Code, a description of the regulatory treatment of the new very high-capacity
networks network elements subject to the commitment, the entities co-investing, the degree of their co-investment
and their likely competitive role on the market, and, where relevant a description of the remedies imposed on the
basis of the third subparagraph of Article 76(2) of the Code and the justification for imposing, maintaining or
adapting such remedies;
(8) for draft measures falling under Article 79 of the Code, the notification should include the commitment decision
(where it is distinct from the draft measure), a detailed description of the conditions accepted by the NRA and the
nature and results of the market test performed;
(9) for draft measures falling under the scope of Article 80 of the Code, the notification should include the relevant
information showing in detail that the conditions for removing some of the significant market power obligations,
under Article 80(1) of the Code, are met;
(10) notifications made in accordance with Article 68(3) second subparagraph of the Code should also contain adequate
reasoning to support the request to the Authority as to why obligations for access or interconnection other than
those listed in Articles 69 to 74 and Articles 76 and 80 of the Code should be imposed on operators with significant
market power;
(11) notifications falling within the scope of Article 68(5) of the Code should also contain adequate reasoning as to why
the intended draft measures are required in order to comply with international commitments;
(c) additional information required for notifications of other type of draft measures (Article 61 of the Code)
(1) in the case of notification of draft measures falling under Article 61(1) to 61(4) of the Code, the draft measure should
include the affected undertakings, the justification of the draft measure under the legal basis used, the description of
the obligations to be imposed, and a reference to any related previously notified draft measures including the results
of the analysis of the relevant market which may be affected, as described in point (4);
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(2) in particular, draft measures falling under Article 61(3) of the Code should include a description of how the NRA
determined the first concentration or distribution point (‘FCDP’), and/or the point beyond the FCDP capable of
hosting a sufficient number of end-user connections to enable an efficient undertaking to overcome the significant
replicability barriers identified, and information and reasoning supporting the conclusion that the concerned
network elements are not replicable, and that therefore obligations are justified; in particular, regarding obligations
proposed under Article 61(3), second subparagraph, of the Code, NRAs should include a description of which
economic or physical barriers to replication they consider high and non-transitory and the competition problems
and market failures at the retail level that the proposed obligations seek to address, and the justifications for any
exception that would apply, such as the determination of which network deployments can be considered new and
which projects can be considered small.
Notifications by way of Short Notification Form
17. The following draft measures should be made available by duly completing the Short Notification Form, set out in
Annex III:
(a) draft measures of a purely technical nature that update details of previously imposed regulatory remedies and
do not have an appreciable impact on the market; such draft measures may be modifications to reference
offers that contain minor adjustments of the obligations already defined, and notifications in second
instances(18)when there is no change made or it is of technical nature;
(b) updates of decisions concerning the Economic Replicability Test(19), which do not change the underlying
methodology (such as testing of new prices/offers);
(c) subsequent notifications of other operators’ obligations using the same approach/methodology that was
already used (such as update of obligations on termination markets), if those amendments are limited to
remedies, and do not concern market definition and significant market power designation;
(d) draft measures falling under the scope of Article 76(2) of the Code, only to the extent that they are limited to
subsequent individual draft decisions under a previously notified and assessed co-investment scheme, and
provided there was no material change in circumstances since the assessment of the co-investment scheme(20).
18. For draft measures listed in point 17, it should be sufficient for the NRA to complete and submit a Short Notification
Form to the Authority’s secure electronic interface so that it can be made publicly accessible. In case the Authority
considers, during the assessment of the notified measure, that additional documentation is needed, it can request it
at any stage of the procedure.
19. However, if the Authority, upon verification of the conditions for a Short Notification Form to fall within the
categories listed under point 17 within 5 working days, considers that those conditions are not met, the notifying
NRA should submit the draft measure using the Standard Notification Form without delay. In such cases the
1-month review period would not be interrupted.
(18) That may be the case when a national court annuls an NRA’s decision on procedural grounds, and that NRA has to renotify the
Authority the same measure.
(19) As referred to in point 46 and Annex III of Commission Recommendation (EU) 2024/539 of 6 February 2024 on the regulatory
promotion of gigabit connectivity (notified under document C(2024) 523), OJ L, 2024/539, 19.2.2024, ELI: http://data.europa.eu/eli/
reco/2024/539/oj.
(20) See recital 201 of the Code: in the specific case of co-investment schemes falling under Article 76 of the Code. Recital 201 indicates
that: ‘In the interest of efficiency, a national regulatory authority should be able to submit a single notification to the [Authority] of a
draft measure that relates to a co-investment scheme that meets the relevant conditions. Where the [Authority] does not exercise its
powers to require the withdrawal of the draft measure, it would be disproportionate for subsequent simplified notifications of
individual draft decisions of the national regulatory authority on the basis of the same scheme, including in addition evidence of
actual conclusion of an agreement with at least one co-investor, to be subject to a decision requiring withdrawal in the absence of a
change in circumstances.’
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20. In planning notifications made pursuant to Article 68(3), second to fourth subparagraphs, of the Code, the NRAs
should envisage that a period of at least 5 months would be necessary for the adoption of the authorising decision
by the Authority.
Registration of notifications
21. Notifications made by means of the set of notification forms listed in points 16 and 17 are registered in the order in
which they are notified. NRAs should note that the 1-month review period starts immediately at the moment of
receipt of the notification of the draft measure.
22. The acknowledgement and allocation of a notification number should be registered, and notice by electronic means
should be given by the Authority to NRAs, BEREC and the Commission. This registration notice should include the
following:
(a) the registration date of the notification;
(b) the subject matter of the notification;
(c) the notification form;
(d) any supporting documentation received.
Processing of Confidential Information
23. Where the NRA considers that information related to a notification is confidential in accordance with EEA and
national rules on commercial confidentiality, the originator of the information should mark it clearly as
‘Confidential’, before uploading it to the Authority’s secure electronic interface or, where applicable, sending it by
electronic means.
24. To ensure transparency for notifications, any notification submitted as ‘Confidential’ should also be submitted in a
redacted or adapted non-confidential version that will be made public.
25. When completing the notification forms referred to in point 9, NRAs should not include confidential information.
26. This Recommendation is addressed to the EFTA States.
Done at Brussels, 2 July 2025.
For the EFTA Surveillance Authority,
Arne RØKSUND Stefan BARRIGA
President College Member
Árni Páll ÁRNASON Melpo-Menie JOSÉPHIDÈS
Responsible College Member Countersigning as Director,
Legal and Executive Affairs
ELI: http://data.europa.eu/eli/dec/2025/2407/oj 9/15EN
OJ L, 27.11.2025
ANNEX I
STANDARD NOTIFICATION FORM
Draft measure related to market analysis and imposition of remedies (Articles 64, 67 and 68 of the Code)(referred
to in points 16(a) and (b)
Section 1 – Market definition
Please provide information on the following, where applicable:
1.1 The relevant product/service market.
1.2. The relevant geographic market(s)
1.3. If the National Competition Authority (‘NCA’) issued Agreement Disagreement
an opinion, indication of whether it agrees or not with
the proposed draft analysis of the relevant market
If the NCA disagrees, please outline the reasons:
1.4 Dates of the national public consultation From________ to__________
1.5 A brief overview of the results of the public (e.g. how many comments were received, which respondents agreed
consultation on the proposed market definition. Please with the proposed market definition, which respondents disagreed
indicate whether any change was made to the draft with it and for which reasons).
measure subsequently to the public consultation, and if
so, briefly describe the changes.
1.6. Where the relevant market is different from those listed
in the Authority’s Recommendation on Relevant
Markets of 9 April 2025, a summary of the main
reasons justifying the proposed market definition in
light of the three criteria set in Article 67(1) of the
Code(1).
Section 2 – Designation of undertakings with Significant Market Power (SMP)
Please provide information on the following, where applicable:
2.1. The name of the undertakings designated as having,
individually or jointly, SMP. Where applicable, the
name of the undertakings considered as no longer
having SMP.
2.2. The criteria used to designate whether or not an
undertaking has individual or joint SMP.
2.3. The name of the main undertakings (competitors)
active in the relevant market.
2.4. The market shares of the undertakings mentioned
above and the basis for calculation of market share (e.g.
turnover, number of subscribers).
2.5. If the National Competition Authority (‘NCA’) issued Agreement Disagreement
an opinion, indication of whether it agrees or not with
the proposed draft SMP assessment.
If the NCA disagrees, please outline the reasons:
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OJ L, 27.11.2025
2.6. The results of the public consultation on the proposed
designation(s) as undertakings having SMP (e.g. total
number of comments received, numbers agreeing/
disagreeing). Please indicate whether any change was
made to the draft measure subsequently to the public
consultation, and if so, briefly describe the changes.
Section 3 - Regulatory obligations
Please provide information on the following, where applicable:
3.1. The legal basis for the obligations to be imposed,
maintained, amended or withdrawn (Articles 69 to 74
and Articles 76 to 81 of the Code).
3.2. The reasons for which the imposition, maintenance or
amendment of obligations on undertakings is
considered proportional and justified in light of the
legal provision they are based on. Alternatively,
indicate the paragraphs, sections or pages of the draft
measure where such information is to be found.
3.3. Where the remedies proposed are other than those set
out in Articles 69 to 74, and Articles 76 and 80 of the
Code, please indicate what ‘exceptional circumstances’
within the meaning of Article 68(3) of the Code justify
the imposition of such remedies. Alternatively, indicate
the paragraphs, sections or pages of the draft measure
where such information is to be found.
Section 3a - Draft measures under Article 76(2) of the Code
Please provide information on the following, where applicable:
3a.1. Short description of the commitments offered by the
SMP operator and how they comply with the
conditions of Article 76(1).
3a.2. A description of the regulatory treatment of the new
VHCN network elements subject to the commitment
under Article 76(2), first subparagraph.
3a.3. If applicable, a description of the remedies imposed on
the basis of the third subparagraph of Article 76(2).
Section 3b - Draft measures under Article 79 of the Code
Please provide information on the following, where applicable:
3b.1. Short description of the attached commitment
decision (or, indication of the paragraphs, sections or
pages of the draft measure where such information is
to be found).
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OJ L, 27.11.2025
Section 3c - Draft measures under Article 80 of the Code
Please provide information on the following, where applicable:
3c.1. Short description of the structure of the undertaking
(or indication of the paragraphs, sections or pages of
the draft measure where such information is to be
found).
3c.2. If applicable, a description of the remedies imposed or
withdrawn.
(1) Act referred to at point 5czs of Annex XI to the EEA Agreement (Directive (EU) 2018/1972 of the European Parliament and of the Council
of 11 December 2018 establishing the European Electronic Communications Code), as adapted by Protocol 1 to the EEA Agreement and by
the sectoral adaptations contained in Annex XI to that Agreement
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OJ L, 27.11.2025
ANNEX II
STANDARD NOTIFICATION FORM
Symmetric obligations under Article 61 of the Code(referred to in points 16(a)-(c))
Section 1 – Draft measures concerning imposition of symmetric obligations
Please provide information on the following, where applicable:
1.1. A brief summary of the content of the notified
draft measure.
1.2. The legal basis for the obligations to be Article 61(1)
imposed, maintained, amended or withdrawn
Article 61(2)
(Art. 61 paragraphs 1, 2, 3 or 4).
point (a) point (b)
point (c) point (d)
Article 61(3)
First subparagraph
Second subparagraph
Article 61(4)
1.3. The Article 32 notification reference of any
related previously notified draft measures,
where applicable.
1.4. Names of the affected undertakings.
1.5. The obligations to be imposed, maintained or
withdrawn.
1.6. The reasons for which the imposition,
maintenance or amendment of obligations on
undertakings is considered proportional and
justified in the light of the legal provision they
are based on. Alternatively, indicate the
paragraphs, sections or pages of the draft
measure where such information is to be found.
1.7. The opinion of the national competition
authority, where provided.
1.8. The date(s) of the public consultation on the
proposed obligations and a brief overview of
the results of that public consultation. Please
indicate whether any change was made to the
draft measure subsequently to the public
consultation, and if so, briefly describe the
changes.
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OJ L, 27.11.2025
ANNEX III
SHORT NOTIFICATION FORM (referred to in point 17)
Section 1 – Draft measures that change the technical details of previously imposed regulatory remedies(1)or
subsequent notifications of other operators’ obligations using the same approach/methodology that was already
used
Please provide information on the following, where applicable:
1.1 The notification reference number(s) of the previously
notified draft measure(s).
1.2 Short description of the technical detail(s) being
changed (indicating the relevant market concerned), or
in the case of a subsequent notification of other
operators’ obligations using the same approach/
methodology that was already used, indication of the
remedies to be imposed.
1.3. If the technical details updated relate to a pricing
structure (e.g. annual updates of costs and estimates of
accounting models) explanation on whether this is a
routine update
1.4. Was the NCA consulted on the proposed draft measure?
If so, what was its opinion:
1.5 Comments:
Section 2 – Draft measures in the form of subsequent individual draft decision under a previously notified and
assessed co-investment scheme provided there was no change in circumstances. (Article 76 of the Code)
Please provide information on the following, where applicable:
2.1. Short description of the content of the draft measure,
indicating evidence of conclusion of an agreement with
at least one co-investor.
2.2. Notification reference number(s) of the previously
notified draft measure(s)
2.3. List of the operators to whom this draft measure is
applicable.
2.4. Was the NCA consulted on the proposed draft measure?
If so, what was its opinion?
2.5. Comments.
(1) NRAs frequently amend technical details of the remedies previously imposed to take account of changes in relevant economic
indicators or factors (such as changes in the cost of equipment; cost of labour; inflation rate; or property rental rates), or to update
forecasts or assumptions. Only changes or updates of details that do not change the nature or the general scope of pre-existing
remedies should be notified by means of the Short Notification Form. On the other hand, material changes to the nature or scope of
the remedies (such as amendments to the methodologies used to calculate costs or prices; to the determination of glide paths or to
price levels, except for the price changes that simply reflect changes in relevant economic indicators or factors mentioned above,)
should be notified using the Standard Notification Form.
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OJ L, 27.11.2025
ANNEX IV
COMMUNICATION OF ADOPTED MEASURE(S) (referred to in point 8)
Section 1 – Identification of Adopted Measure
Please provide information on the following, where applicable:
1.1. Date of entry into force of the adopted measure
1.2. Registration number and title of notification previously
made to the Authority on the measure at draft stage.
1.3. Did your NRA receive comments from the Authority, Yes No
other NRAs or BEREC in reaction to the notification of
the draft measure under Article 32(3) Code?
Section 2 – Detail on how utmost account was taken of comments made
Please provide information on the following, where applicable:
2.1. Explanation on how the NRA took utmost account of [Heading of the comment 1]
the comments raised. Where, in order to reflect Explanations how it was taken into account and/or reference to
comments made, changes have been made to the text of the section of the adopted measure where this information can be
the draft measure please provide the relevant references found
to the updated Articles/section/page number.
[Heading of the comment 2]
Explanations how it was taken into account and/or reference to
the section of the adopted measure where this information can be
found
[Heading of the comment 3]
Explanations how it was taken into account and/or reference to
the section of the adopted measure where this information can be
found
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