The Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 919
Exiting The European Union
Broadcasting
Electronic Communications
The Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019
Made 9th May 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introduction
Citation and commencement
1.—(1) These Regulations may be cited as the Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019.
(2) They come into force on the later of exit day or the day after the day on which they are made.
PART 2
Amendment of primary legislation
Amendment of the Communications Act 2003
2. In section 4(10)(a) of the Communications Act 20032, after “Directive” insert “(whether before or after exit day)”.
PART 3
Amendment of subordinate legislation
Amendment of the Privacy and Electronic Communications (EC Directive) Regulations 2003
3.—(1) Regulation 37 of the Privacy and Electronic Communications (EC Directive) Regulations 20033is amended as follows.
(2) In paragraph (1)(a), for the words from “implementation” to the end substitute “implementing provisions”.
(3) After paragraph (1) insert—
“1A “The implementing provisions” means the provisions contained in or made under an Act that were relied on by the United Kingdom immediately before exit day to implement the Directive, so far as those provisions remain in force.”
(4) Omit paragraph (2).
(5) In paragraph (3)(a), for the words from “implementation” to the end substitute “implementing provisions”.
PART 4
Amendments of retained direct EU legislation
Amendment of Commission Regulation (EU) No 611/2013
4.—(1) Commission Regulation (EU) No 611/2013on the measures applicable to the notification of personal data breaches under Directive 2002/58/ECof the European Parliament and of the Council on privacy and electronic communications is amended as follows.
(2) In Article 2—
(a)
(a) in the heading, for “competent national authority” substitute “Information Commissioner”;
(b)
(b) in paragraph 1, for “competent national authority” substitute “Information Commissioner”;
(c)
(c) in paragraph 2, for “competent national authority” (in both places) substitute “Information Commissioner”;
(d)
(d) in paragraph 3, for “competent national authority” (in each place it occurs) substitute “Information Commissioner”;
(e)
(e) in paragraph 4—
(i) for “competent national authority” substitute “Information Commissioner”;
(ii) for “Member State concerned” substitute “United Kingdom”;
(iii) omit the final sentence;
(f)
(f) omit paragraph 5.
(3) In Article 3—
(a)
(a) in paragraph 3, for “competent national authority” substitute “Information Commissioner”;
(b)
(b) in paragraph 5, for “competent national authority” (in both places) substitute “Information Commissioner”;
(c)
(c) in paragraph 7, for “, in the relevant Member States,” substitute “in the United Kingdom”.
(4) In Article 4—
(a)
(a) in paragraph 1, for “competent national authority” substitute “Information Commissioner”;
(b)
(b) omit paragraph 3.
(5) Omit Article 6.
(6) Omit the sentence following Article 7.
(7) In Annex 1—
(a)
(a) in the heading, for “competent national authority” substitute “Information Commissioner”;
(b)
(b) omit points 16 and 17 (and the italic heading before them).
Amendment of Regulation (EU) 2015/2120
5.—(1) Regulation (EU) 2015/2120 of the European Parliament and of the Council laying down measures concerning open internet access and retail charges for regulated intra-EU communications and amending Directive 2002/22/ECand Regulation (EU) No 531/2012 is amended as follows.
(2) Omit Article 1(3).
(3) In Article 2, in the second paragraph, omit the definitions of “regulated intra-EU communications” and “number-based interpersonal communications service”.
(4) Omit Article 5a.
(5) Omit Article 10(5).
PART 5
Revocations of retained direct EU legislation
6. Regulation (EU) 2018/1971 of the European Parliament and of the Council establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office), amending Regulation (EU) 2015/2120 and repealing Regulation (EC) No 1211/2009is revoked.
Retained direct EU legislation relating to the .eu top-level domain
7. The following instruments are revoked—
(a) Regulation (EC) No 733/2002of the European Parliament and of the Council on the implementation of the .eu Top Level Domain;
(b) Commission Regulation (EC) No 874/2004laying down public policy rules concerning the implementation and functions of the .eu Top Level Domain and the principles governing registration;
(c) Commission Regulation (EC) No 1654/2005amending Regulation (EC) No 874/2004;
(d) Commission Regulation (EC) No 1255/2007amending Commission Regulation (EC) No 874/2004;
(e) Commission Regulation (EC) No 560/2009amending Regulation (EC) No 874/2004;
(f) Commission Implementing Decision 2014/207/EUon the designation of the .eu Top Level Domain Registry;
(g) Commission Regulation (EU) 2015/516 amending Regulation (EC) No 874/2004.
8. In the Annex to Regulation (EC) No 1137/2008of the European Parliament and of the Council adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny, omit point 6.2.
Commission Decision 2003/548/EC
9. The following instruments are revoked—
(a) Commission Decision 2003/548/ECon the minimum set of leased lines with harmonised characteristics and associated standards referred to in Article 18 of the Universal Service Directive;
(b) Commission Decision 2008/60/ECamending Decision 2003/548/EC.
Commission Decision 2007/176/EC
10. The following instruments are revoked—
(a) Commission Decision 2007/176/ECestablishing a list of standards and/or specifications for electronic communications networks, services and associated facilities and services and replacing all previous versions;
(b) Commission Decision 2008/286/ECamending Decision 2007/176/EC.
11. Regulation (EC) No 544/2009of the European Parliament and of the Council amending Regulation (EC) No 717/2007on roaming on public mobile...
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