The European Commission has decided to send a formal request for information to Poland concerning its implementation of EU telecoms rules. In particular, the Commission is concerned that Poland may have failed to correctly implement into national law EU rules on the setting of prices for wholesale telecom services. This has created legal uncertainty and could be discriminatory for telecoms companies.

 

The request for information takes the form of a "letter of formal notice under EU infringement procedures (Article 258 of the Treaty on the Functioning of the European Union). Poland has two months to reply. If the Commission receives no reply, or if the observations presented by the Polish Government are not satisfactory, the Commission may issue a 'reasoned opinion' under EU infringement procedures (requesting Poland to amend its legislation to ensure full compliance with EU rules).

Digital Agenda Commissioner Neelie Kroes said "The Commission has to verify that the Polish regulator has the right tools to impose the right remedies in wholesale telecom markets. This principle is one of the cornerstones of EU telecoms rules.

The Commission's concerns stem from an amendment to the Polish Telecommunications Act of 24 April 2009, which gives the Polish regulator broad discretion to set the level of prices for wholesale telecommunications services by applying its own methodology, which can include comparison with other comparable markets. This methodology can be applied independently of an imposed cost-orientation, a mandated cost accounting system currently in place and the positive verification of compliance by a qualified independent body. This does not comply with the relevant requirements of the EU regulatory framework, which requires national regulators to carefully select the remedies, ensuring that the obligations imposed are appropriate and proportionate in relation to the nature of the problem identified.