The European Commission aims to fine-tune the European Electronic Communications Code (EECC) to better regulate competitive dynamics in the telecom sector and clarify roles and obligations. This report is likely to stir reactions among national regulatory authorities, telecom operators, consumer advocates, and EU institutions by proposing significant changes to market regulation tools and universal service frameworks.
Published on January 21, 2026, the report (COM(2026)35) originates from the Directorate-General for Communications Networks, Content and Technology (CNECT). It responds to a legal obligation under the 2018 EECC Directive to assess the code’s operational effectiveness since December 2020.
The document is a Commission report that evaluates existing legislation rather than enacting new laws. It includes concrete recommendations such as revising or removing complex provisions like co-investment rules and functional separation, while suggesting simplifications to voluntary separation practices and endorsing the retention of joint market power assessments.
Policy adjustments emphasize tweaking regulatory tools to adapt to market realities: retaining the significant market power (SMP) regime as the cornerstone, revising underutilized or ineffective articles (notably Articles 76, 77, and 78), and addressing uneven application of universal service obligations. The Commission also underscores delays in member states’ transposition of the EECC, highlighting increased complexity and regulatory burden as unintended consequences.
Stakeholders face mixed impacts. National regulatory authorities may find streamlined obligations helpful but could encounter challenges adapting to revisions, particularly regarding joint SMP assessments. Telecom operators might welcome the rollback of onerous co-investment and functional separation requirements, although they face continued SMP scrutiny. Consumers benefit from reinforced competition and more consistent universal service access, yet simplification efforts might dilute some protections. EU institutions gain clearer direction to harmonize telecom regulation but must navigate legal clarifications pending at the Court of Justice.
This report constitutes a mid-term review feeding into the broader Digital Networks Act initiative. The next steps foresee legislative proposals that may incorporate these adjustments. The European Parliament and the Council are expected to engage actively, and ongoing judicial rulings will influence further regulatory interpretation and harmonization.
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