EMERG Plenary in Sarajevo decided to strengthen the activity of the permanent Expert Working Group on the Net neutrality and the transition to Open Internet (NN EWG).
The workshop in Rome, chaired by INTT (Tunisia) in cooperation with the AGCOM (Italy) as chair of the EWG, will be the opportunity to start a glide path towards the approximation of the South Mediterranean Countries to the new EU regulatory framework.
To this aim, starting from a questionnaire sent to the EMERG Members, the EMERG will discuss about the possible projects that can be implemented in the next years in terms for example, of monitoring the quality of internet connection through a dedicated measurement tool, the traffic management evaluation and the approximation to the new EU horizon.
In particular, following the entry into force of the Regulation (EU) 2015/2120 (also: the “TSM Regulation”) of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, National Regulatory authorities (hereafter NRA) in the EU Member States shall monitor the implementation of net Neutrality provisions of the TSM Regulation. In the European Union, the TSM regulation is the legal basis for monitoring and enforcement of net neutrality rules. The regulation sets several principles to protect consumers and provides clear rules for Internet service providers and content providers. The aim of the regulation is to ensure that Internet access is not hampered by commercial or political interests and that everybody can benefit from online connectivity.
When analysing the behaviour of the EU NRAs in the past three years it is apparent that the early focus was on enforcement of Internet access and monitoring zero rating offers (see published EC/BEREC reports and national regulatory authorities’ individual reports).
Going forward, most NRA’s actions will likely be devoted to traffic management (including monitoring QoS and assessing which specialized services can benefit from regulatory exemptions, and how), 5G services, end-user rights and commercial practices, then transparency and national regulatory authorities’ supervision. This trend was outlined in a public stakeholders’ workshop held in Brussels on 29 May 2019.
In the Mediterranean, the EMERG benchmark report 2018 drew a picture of the current status of the net neutrality in the EMERG Countries. In particular:
“All European members of EMERG have disclosed an official position on regulating net neutrality. Next to the European Union member states, also Israel, Tunisia and Switzerland have taken an official stand in the matter [..] In Israel the Telecommunications law prohibits operators to block or restrict services, applications or telecommunication equipment, while in Switzerland there is an ongoing legislative process foreseeing regulation focussing on rules of transparency and obligation for providers to inform end users.
France, Cyprus, Israel, Italy, Palestine, Switzerland and Tunisia have included net neutrality in a law or legislative proposal. In general national law in the European countries follows the adoption of European regulation on open internet access and of the BEREC guidelines. On the other hand, in Tunisia the principle of neutrality is enshrined at the level of the license agreements. The article on the neutrality requires that the holder guarantees that its service is neutral regarding the information content transmitted over its network. Thus, under current regulations, he is obliged to take all necessary measures to guarantee the neutrality of its staff concerning the content of messages transmitted over its network. For this purpose, he provides the services without discrimination, whatever the nature of the transmitted messages and takes the appropriate measures to ensure entirety.”
 Telecom Single Market Regulation (EU) 2015/2120 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2015.310.01.0001.01.ENG&toc=OJ:L:2015:310:TOC
 Annual country reports from National Regulatory Authorities (NRAs) on compliance with the provisions on open internet (2018) https://ec.europa.eu/digital-single-market/en/news/annual-country-reports-open-internet-national-regulators
 For European countries the provisions of the European net neutrality regulation apply directly in each Member State and do not require their transposition into national law. However, national legal provisions may be needed to define the institutional framework for net neutrality, and to ensure compliance in individual Member States.
 BEREC guidelines (on the Implementation by National Regulators of European Net Neutrality Rules) constitute recommendations which, while not mandatory, NRAs should take into utmost account.
 EMERG benchmark report 2018 http://www.emergonline.org/2019/05/08/emerg-benchmark-report-2018/
Communications Regulatory Agency (CRA) as EMERG Chair 2019, invited the EMERG Members to the Plenary assembly that will be held in Sarajevo on 26 March 2019. According to the EMERG Charter the Plenary’s tasks are:
- Appointing the new Chairman and the new Vice-Chairman;
- Appointing the members of the Permanent Secretariat;
- Establishing Expert Working Groups and appointing their Chair or co-chairs.
- Approving the Work-plan;
- Approving the Annual Report and the Benchmark Report of the previous year and decide on their publication on the EMERG Website;
- Granting membership and/or observer status to candidates;
- Adopting and amend the EMERG Charter;
- Adopting and amend its own rules of procedure, as well as those of the Contact Network and the Permanent Secretariat;
- Discussing regulatory issues and proposals emerging from the benchmarking or working group activities with a view to approximation
The Plenary meeting will agree on the EMERG sustainability after 2020.
Public AGENDA link:
EMERG Work Plan for 2019
The Work Plan 2019 is the result of a comprehensive, transparent and inclusive procedure, aiming at relaunching the EMERG activities, stimulating the participation of the Members and achieving the main strategic goals for the benefit of both sides of the Mediterranean basin.
With the aim to ensure continuity in the workflow over the year, EMERG agreed that two 2019 workshops serve as a follow-up to the two virtual working groups and cover topics of Net Neutrality and International Roaming.
Namely, at the Plenary meeting in Rome in 2017 Members expressed the need to set up two Expert working groups in order to better consolidate a cooperation among the Members, on the specific topics that push for harmonized approaches, such as Net Neutrality and International Roaming. The two groups were officially activated at the Plenary meeting in Cairo in 2018 and as a follow up to these activities, topics have been included in Working Plan 2019.
Workshop 2: Net Neutrality
Workshop 3: International Roaming
Workshop 4: The new role of regulators in the Era of new ecosystem of telecommunications and the new challenges of telecom’s regulation
The Plenary Assembly appointed the Chair for 2020:
The Permanent Secretariat will also include:
Communications Regulatory Agency CRA (Bosnia and Herzegovina) EMERG Chair 2019
National Telecommunications Regulatory Authority NTRA (Egypt) EMERG Chair 2018