On 24 February 2024, the European Commission published the White Paper "How to master Europe's digital infrastructure needs?", a strategic discussion paper on the possible directions for the development of the EU telecoms market and on the challenges and measures to address as regards the EU's digital infrastructure.

As a reflection on the 12 scenarios outlined in the White Paper, the Hungarian Presidency of the EU presented council conclusions to the Member States and set up a conference on the future of the telecoms sector in Budapest on 2 October 2024, co-organised by the NMHH. The council conclusions were presented by the Presidency to the Member States on 5 September 2024. The conclusions were several times discussed in the Council Working Party on Telecommunications and the Information Society and the final version was approved by the ministers responsible for telecommunications at the Council meeting on 6 December 2024.

The Council conclusions recognise the positive effects of digital convergence and the need for significant investment, in particular by the private sector, to achieve the goals set in the Digital Decade Policy Programme. The member states acknowledged the cross-sectoral impact of the digital transformation and stressed the importance of taking into account the interests and rights of end-users in all initiatives. The Council conclusions invite the Commission to further analyse the need to develop appropriate legislative proposals and to improve cross-border connectivity. Member states also stressed that any future regulatory measures to foster the development of the digital single market should also aim to promote interconnectivity and innovation and foster competition, and contribute to consumer welfare, while ensuring a high level of cyber resilience and cyber security. Reflecting on the Commission's scenarios in the White Paper, Member States highlighted that it may be necessary to maintain ex-ante regulation in certain markets and invited the Commission to further analyse the impact of ex-post regulation exclusivity in the markets concerned.

The Council Conclusions include findings on spectrum management, highlighting that simultaneous selection procedures may in certain circumstances have restrictive effects on competition or negatively affect smaller operators competing in national or sub-national markets. They also underline that effective spectrum management needs to address emerging demand and the challenges it poses, that a peer review mechanism is valuable and that for satellite services, increased harmonisation of procedures and conditions could be explored. The cooperation with international organisations currently in place is considered by all Member States to be working well.

The Council conclusions also include an environmental and sustainability dimension, calling on all actors in the digital ecosystem to strive to minimise their environmental footprint, and on the Commission to consider proposing a green digitisation target based on a commonly agreed monitoring methodology in the context of the review of the Digital Decade Policy Programme.

As regards the application of the 'country of origin' principle proposed by the Commission, it notes that the introduction of the 'country of origin' principle into the rules for the authorisation of backbone networks and backbone network service providers requires further detailed analysis, including the development of relevant definitions and an assessment of market trends, and should be without prejudice to the law enforcement powers and capabilities of Member States and their exclusive responsibility for national security. Furthermore, Member States would like to see detailed analysis on the emergence of pan-European players.

Further information to be found at website of the Council.

Download: Conclusions on the White Paper "How to master Europe's digital infrastructure needs?"