Hi Jan,
> On Sep 30, 2023, at 16:28, Jan Ceuleers via Bloat
> <bloat@lists.bufferbloat.net> wrote:
>
> On 30/09/2023 14:19, Sebastian Moeller via Bloat wrote:
>>
>> P.S.: Of course if we look close enough we surely can find corner-cases
>> where either the EU regulations or the translation into national law result
>> in less desirable outcomes, but "nothing is perfect" and all in all the
>> regulations seem to be "good enough". With the caveat that explicitly
>> excluding ISP interconnect from the regulations BEREC essentially pointed
>> the way for ISPs wanting to monetize their eye-balls twice to do so via
>> interconnects, but that only works for the 800 pound gorillas and generally
>> is not a game smaller ISPs can play. I do understand why BEREC wants to stay
>> out of the interconnection issue, as this is rather complicated and the
>> market seems to generally work okay-ish (that is not badly enough to make
>> intervention a hot-button issue for voters and hence politicians).
> EU Regulations have force of law in and of themselves; they need not be
> transposed into national law. That sets Regulations apart from
> Directives: those do need to be transposed into national law. Having
> said that many member states may adopt laws that implement Regulations,
> but in case of any differences between those national laws and the
> Regulations in question the Regulations will prevail in the courts.
[SM] Thanks for clearing this up! The regulation does punt a few things
to wards national regulatory agencies that requires local action before being
applicable like:
Article 4
[...]
4. Any significant discrepancy, continuous or regularly recurring, between
the actual performance of the internet access service regarding speed or other
quality of service parameters and the performance indicated by the provider of
internet access services in accordance with points (a) to (d) of paragraph 1
shall, where the relevant facts are established by a monitoring mechanism
certified by the national regulatory authority, be deemed to constitute
non-conformity of performance for the purposes of triggering the remedies
available to the consumer in accordance with national law.
where without action by the national regulatory agency to certify a monitoring
mechanism and where the remedies apparently need to be need to be at least
harmonized with local law.
But not being a lawyer, I completely missed that differenve between regulation
and directive (I falsly assumed a directive would be of higher legal priority
than a regulation).
Regards & Thanks again
Sebastian
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