The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Regulation 4

SCHEDULE 3 Amendments of retained direct EU legislation

Regulation (EC) No 1211/2009

1.  Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office is revoked.

Commission Delegated Regulation (EU) No 305/2013

2.—(1) Commission Delegated Regulation (EU) No 305/2013 of 26 November 2012 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the harmonised provision for an interoperable EU-wide eCall is amended as follows.

(2) In Article 1 (subject matter and scope), omit “harmonised EU-wide”.

(3) In Article 2 (definitions)—

(a) in points (a) and (b), for “Member State” substitute “Secretary of State”;

(b) in point (h), omit the words from “(referred to” to “EU-wide eCall)”;

(c) in point (m), for the words from “means” to the end substitute “means a communications network used wholly or mainly for the provision of publicly available mobile wireless communications services”;

(d) after point (o) insert—

“(p) “the GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018(1);

(q) “the data protection legislation” has the meaning given by section 3 of the Data Protection Act 2018.”

(4) In Article 3 (eCall PSAP requirements), in paragraph 1, for “Member States” substitute “The Secretary of State”.

(5) In Article 4 (conformity assessment), for “Member States” substitute “The Secretary of State”.

(6) In Article 5 (obligations relating to the deployment of the eCall PSAPs infrastructure)—

(a) for “Member States” substitute “The Secretary of State”;

(b) omit “interoperable EU-wide”, in both places where it occurs;

(c) for “each Member State” substitute “the Secretary of State”;

(d) omit the words from “on its territory” to the end.

(7) In Article 6 (rules on privacy and data protection)—

(a) in paragraph 1—

(i) for “data controllers”, in both places it occurs, substitute “controllers”;

(ii) for “Article 2(d) of Directive 95/46/EC” substitute “Article 4(7) of the GDPR”;

(iii) for “Member States” substitute “The Secretary of State”;

(iv) for “Directives 95/45/EC and 2002/58/EC” substitute “the data protection legislation and provision made by or under an enactment in implementation of Directive 2002/58/EC”;

(b) in paragraph 2, for “Member States” substitute “the Secretary of State”.

(8) In Article 7 (rules on liability), in paragraph 2, for “Articles 6, 13 and 17 of Directive 95/46/EC” substitute “any applicable provisions of the data protection legislation”.

(9) Omit the following provisions—

(a) Article 8 (reporting),

(b) Article 9 (entry into force and application), and

(c) after Article 9, the words from “This Regulation” to “all Member States”.

Regulation (EU) No 283/2014

3.  Regulation (EU) No 283/2014 of the European Parliament and of the Council of 11 March 2014 on guidelines for trans-European networks in the area of telecommunications infrastructure and repealing Decision No 1336/97/EC is revoked.

Decision No 585/2014/EU

4.—(1) Decision No 585/2014/EU of the European Parliament and of the Council of 15 May 2014 on the deployment of the interoperable EU-wide eCall service is amended as follows.

(2) In Article 1—

(a) in paragraph 1—

(i) for “Member States” substitute “The Secretary of State”;

(ii) for “on their territory” substitute “in the United Kingdom”;

(iii) omit the words from “at least six months” to “2017”;

(iv) omit “interoperable EU-wide”;

(b) in paragraph 2—

(i) for “each Member State”, in both places where it occurs, substitute “the Secretary of State”;

(ii) for “its emergency services” substitute “emergency services in the United Kingdom”;

(iii) for “its needs” substitute “the needs of the United Kingdom”;

(iv) for “recognised by it” substitute “recognised by the Secretary of State”;

(c) in paragraph 3, for “Member States” substitute “The Secretary of State”.

(3) In Article 2—

(a) for “Member States” substitute “The Secretary of State”;

(b) omit “EU-wide”.

(4) Omit Article 3.

(5) In Article 4—

(a) for “Member States” substitute “The Secretary of State”;

(b) for “their territory” substitute “the United Kingdom”.

(6) Omit Articles 5 and 6.

Regulation (EU) 2017/1953

5.  Regulation (EU) 2017/1953 of the European Parliament and of the Council of 25 October 2017 amending Regulations (EU) No 1316/2013 and (EU) No 283/2014 as regards the promotion of internet connectivity in local communities is revoked.

(1)

2018 c. 12.