European Commission Seeks Update From Romania on Regulator's Independence

The European Commission has decided to send a second formal request for information to Romania on the independence of its telecoms regulator ANCOM (Autoritatea Nationala pentru Administrare si Reglementare in Comunicatii). The Commission's request is prompted by concerns that, as far as the Commission is aware, Romania still does not have a law which guarantees the independence of the regulator, and that the Government can use emergency legislation to restructure this body.

A separate infringement procedure against Romania over the independence of its telecoms regulator, concerning separation of public bodies supervising telecoms operators and those providing telecoms services, is still pending.

The Commission had expressed its concerns about the independence of the Romanian telecoms regulator in a first letter of formal notice in January 2009. This was triggered by a governmental emergency decree of September 2008 which restructured the regulator and dismissed its president. These actions were carried out despite a court order suspending the removal decision. The Romanian telecoms regulator has been restructured by the Government four times by way of emergency legislation in the past five years, whilst a governmental department exercises ownership and control activities in companies providing telecoms networks and/or services.

In April 2009, the Romanian authorities informed the Commission that the Government had adopted a new emergency act (Emergency Ordinance 22/2009) reorganising the telecoms regulator as the National Regulatory and Administration Authority for Communications - ANCOM. However, as far as the Commission is aware, the act has not yet been approved by the national parliament. This creates uncertainty around the regulator and leaves the independence of Romania's national regulatory authority open to question, which has prompted the Commission to send the second letter of formal notice.

Romania now has two months to reply to the European Commission's request for information. If the Romanian authorities fail to satisfy the Commission's concerns within this period, the Commission may send Romania a formal request, in the form of a reasoned opinion under TFEU infringement procedures, to amend its legislation so as to guarantee the independence of the telecoms regulator in accordance with EU telecoms rules.