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(1)This section applies where, after complying with section 80A(9) in relation to a proposal of EU significance, OFCOM wish to proceed with the proposal.
(2)After making any modifications of the proposal that appear to OFCOM to be appropriate, OFCOM must send a copy of the proposal, and of a statement setting out the reasons for it, to—
(a)the European Commission;
(b)BEREC; and
(c)the regulatory authorities in every other member State.
(3)If at the end of the period of one month referred to in paragraph (3) of [F2Article 32 of the EECC Directive] no indication has been given to OFCOM by the Commission under paragraph (4) of that Article, OFCOM may give effect to the proposal, with any modifications that appear to them to be appropriate.
(4)Before giving effect to the proposal under subsection (3), OFCOM must consider any comments made by—
(a)the Commission;
(b)BEREC; and
(c)any regulatory authority in any other member State.
(5)Subsections (6) to (8) apply where such an indication is given by the Commission to OFCOM during that period.
(6)If under [F3Article 32(6)(a) of the EECC Directive] the Commission requires OFCOM to withdraw the proposal, OFCOM must amend or withdraw the proposal within 6 months of the date of the Commission’s decision.
(7)Where the proposal is amended under subsection (6), section 80 applies in relation to the amended proposal as if it were a new proposal.
(8)OFCOM may give effect to the proposal, with any modifications that appear to them to be appropriate—
(a)if the Commission takes a decision to lift its reservations in accordance with [F4paragraph (6)(b) of Article 32 of the EECC Directive]; or
(b)if at the end of the period of 2 months referred to in paragraph (4) of that Article the Commission has neither required OFCOM to withdraw the proposal under paragraph [F5(6)(a)] nor lifted its reservations under paragraph [F6(6)(b)].]
Textual Amendments
F1Ss. 80A, 80B inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 43 (with Sch. 3 paras. 2, 11)
F2Words in s. 80B(3) substituted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 37(2)
F3Words in s. 80B(6) substituted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 37(3)
F4Words in s. 80B(8)(a) substituted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 37(4)(a)
F5Word in s. 80B(8)(b) substituted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 37(4)(b)(i)
F6Word in s. 80B(8)(b) substituted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 37(4)(b)(ii)
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