May 8, 2017

The Post Implementation Review (PIR) is essentially a review of the UK’s implementation of revisions to the EU Electronic Communications Framework, which took place in May 2011. The revisions, which were agreed by the EU in 2009, were transposed into UK legislation using four negative resolution statutory instruments:

• The Privacy and Electronic Communications (EC Directive) (Amendment) 2011;
• The Electronic Communications (Universal Services) Amendment (Order 2011);
• The Electronic Communications and Wireless Telegraphy Regulations 2011; and
• The Communications Act 2003 (Maximum Penalty for Contravention of Information Requirements) Order 2011.

The Government notes that the European Commission gave Member States a deadline of 26 May 2011 to implement the 2009 revisions into national legislation, and the UK was one of only five Member States, and the only large Member State, to implement in full and on time.

The Framework establishes the rules that govern the European telecommunications sector, and is subject to five-yearly reviews of its fitness for purpose, hence the PIR. These reviews include negotiation of updates and revision as necessary.

The PIR examines:

• the extent to which the UK Government’s implementation has impacted upon business and consumers;
• the extent to which changes are achieving their original objectives; and
• the extent to which the effects anticipated in the original impact assessments (IAs) materialised and whether or not there were any unintended consequences.

The Government notes that the PIR does not, of itself, aim to propose the repeal of, or amendment to, any existing legislation. Nor is it the Government’s intention to propose the introduction of any domestic legislation as a direct consequence of this PIR. However, the Government says that its production has informed the UK’s policy position towards developing a future electronic communications regulatory Framework that remains fit for purpose. To access the PIR, click here.