Evropsko poslanko Piratske stranke, Julia Reda, smo povprašali o izzivih harmonizacije lokalne zakonodaje, ki se nanaša na nevtralnost interneta. Slovenska vlada namreč spremembe zakona o elektronskih komunikacijah utemeljuje z obveznostjo hamonizacije z evropsko zakonodajo.
Julie Reda komentira:
“In short, it depends on the exact changes, you should definitely try to oppose any legalization of zero rating, when it comes to specialized services or traffic management, the EU regulation indeed is not as solid as we would like. That said, the Commission is usually quite reluctant to actually start infringement procedures unless there is an obvious contradiction between national law and EU law.”
Njen svetovalec Cristian Bulumac dodaja:
“The common rules at the Union level are meant to ensure the openness of the internet and to avoid fragmentation of the internal market resulting from measures adopted by individual Member States.
According to recital 18, the provisions on safeguarding of open internet access should be complemented by effective end-user provisions which address issues particularly linked to internet access services and enable end-users to make informed choices. Those provisions should apply in addition to the applicable provisions of Directive 2002/22/EC of the European Parliament and of the Council and Member States should have the possibility to maintain or adopt more far- reaching measures. (1)
Recital 18 is not to be interpreted as a blank check to ignore the Regulation but as a tool to interpret it with the meaning that the stricter measures for preserving the openness of the internet are allowed. Looking at the BEREC guidelines (2) we see that the cases of traffic management, zero rating and specialised services, are explicitly allowed but treated in a restricted way, being limited exceptions from the principle of openness. As a result, it is expected that the MS will allow them, but is not explicit that MS are obliged to accept zero rating.
In my opinion the case of Nederland and Slovenia are particular because of the existence of an ex ante explicit ban on zero rating and traffic management, while the regulation allows for case by case ex post measures and explicitly allows providers to do limited traffic management and offer specialised services. Will this require a change in the legislation under the threat of an infringement procedure? I guess it depends on the current bans. A zero rating ban might survive, while a ban on specialised services or a general ban on traffic management will infringe on art. 3.5 and 3.3 a-c.
(2) http://berec.europa.eu/eng/document_register/subject_matter/berec/download/0/6160-berec-guidelines-on-the-implementation-b_0.pdf ”