EUU, Alm.del - 2024-25 - Bilag 622: Notat samt høringssvar vedr. Digital net (Digital Networks Act)

Europaudvalget 2024-25
EUU Alm.del Bilag 622
Offentligt

The Danish Government’s response to the Commission's call for evi-

dence for the Digital Networks Act (DNA)

Denmark welcomes the opportunity to provide feedback to the European Commis-

sion’s consultation on the upcoming Digital Networks Act (DNA). The Commis-

sion’s aim to revise the European Electronic Communications Code (EECC) in or-

der to ensure a European digital infrastructure that is of high quality, secure and re-

silient is essential to the competitiveness of the EU.

In general, Denmark supports the Commission’s policy objectives of consumer wel-

fare, competitiveness, security and resilience and environmental sustainability. In

particular, we support the Commission’s aims towards

simplifying the telecoms ac-

quis, including the proposed reduction of existing reporting obligations with up to 50

per cent and, most importantly, to remove unnecessary regulatory burdens. Further,

we share the Commission’s objectives of rationalising and

simplifying the regulatory

environment generally, with the aim of reducing administrative burdens by 25 per

cent, and believe that the upcoming DNA has potential to contribute significantly to-

wards this aim.

Denmark emphasize the need for continuity in the regulatory framework and underlines

that the fundamental elements of the current approach has served Europe well. There-

fore, we are cautious about introducing new measures in the upcoming DNA, as doing

so would inevitably shift focus away from the existing objectives, which we consider to

be both relevant and important.

We believe that the most important aim for the EU is to

maintain a technology-neutral

and market-based regulatory approach, and avoid unnecessary intervention that

could harm well-functioning markets.

Any addition of new objectives must be based

on evidence, and demonstrably aligned to whether such new objectives are consistent

with, and have an equal standing with, the existing objectives. Hence, any addition of

new objectives, e.g. as

those mentioned in the Commission’s White Paper on “How to

master Europe’s digital infrastructure needs?”

must be aligned and work toward the

same overall goals as the current objectives.

The digital connectivity landscape is changing, and we must ensure that Europe has

the best possible conditions to foster the deployment of digital infrastructure. How-

ever, framework conditions cannot replace a business case. Investment in deploy-

ment of telecommunications infrastructure will only happen if there is a broad de-

mand for services that require such infrastructure. Therefore, the DNA should not

seek to promote specific technologies, if these are not in broad demand. In general,

we believe that the DNA should continue the technology-neutral approach to regu-

lation, and that it should maintain a focus on ensuring framework conditions that are

transparent and predictable. Such conditions will ensure a strong and well-function-

ing market for electronic communications with a high level of private investments.

To ensure that the DNA delivers a flexible, simplified, and future-proof telecom legisla-

tion of high quality, Denmark recommends that the Commission takes the following into

account, when introducing the DNA:

The 11th of July 2025

EUU, Alm.del - 2024-25 - Bilag 622: Notat samt høringssvar vedr. Digital net (Digital Networks Act)

Streamline regulation with responsible simplification

Maintain a proportionate approach to spectrum policy

Safeguard competition through targeted regulation

4. Preserve effective and balanced governance

1. Streamline regulation with responsible simplification

As outlined by the Commission in Section B on Simplification, the DNA may include

measures to reduce existing reporting obligations by up to 50 per cent. Denmark

broadly supports these objectives. A substantial reduction in administrative complexity

is desirable, and we strongly support a regulatory approach that eliminates unneces-

sary requirements while preserving key safeguards. However, any simplification must

be pursued with due consideration. In particular, the potential removal or modification

of national regulatory rules must take into account implications for national security,

which remains the competence of Member States.

One promising area for simplification is the conditions set out in

Annex I of the EECC

on authorisations, which could be streamlined to reduce regulatory burdens and foster

a more uniform authorisation regime across the Union. In this regard, Denmark notes

the Commission’s reflections on merging relevant legislative instruments into the DNA,

including the Open Internet Regulation. It is of paramount importance that the core prin-

ciples of open internet access are preserved to ensure that end-users retain the right to

access and provide content and services of their own choosing.

Denmark supports efforts to ensure coherence and proportionality between sector-spe-

cific and horizontal consumer protection rules. In cases where horizontal legislation al-

ready provides equivalent safeguards, a partial repeal of duplicative sector-specific pro-

visions could be considered. However, it is vital that the DNA maintains flexibility to

reflect specific market conditions in member states, such as consumer preferences and

competition levels. For example, in Denmark, a maximum consumer contract commit-

ment period of six months has been shown to promote both consumer welfare and

competition in the market.

2. A proportionate approach to Spectrum policy

In Section B on Spectrum, the Commission highlights concerns around fragmented as-

signment procedures, harmonisation gaps, and barriers to market entry, particularly for

satellite services. Denmark acknowledges these challenges, but emphasises that the

existing EECC framework already provides a solid basis for coordinated and harmo-

nised spectrum policy across the EU.

The regulatory framework already contains a broad set of tools and mechanisms that

enable coordinated and harmonised spectrum policy and management across the Un-

ion. These include, among others, deadlines for the award of spectrum, common timing,

joint authorisation selection processes and procedures for limiting the number of rights

of use to be granted. Preserving the flexibility currently embedded in the EU framework

is essential as it allows Member States to adapt policy implementation to national mar-

ket conditions and strategic considerations.

EUU, Alm.del - 2024-25 - Bilag 622: Notat samt høringssvar vedr. Digital net (Digital Networks Act)

While Denmark acknowledges the aim of strengthening internal market integration, it is

important to recognise that a more centralised or uniform approach to the radio spec-

trum market may, in certain contexts, risk adverse effects on competition, innovation,

and growth, potentially to the detriment of both consumers and businesses.

Nonetheless, Denmark sees merit in further exploring targeted initiatives to support a

more coherent and equitable framework for specific cross-border challenges. In partic-

ular, we support examining how a level playing field might be established for satellite

constellations seeking access to the EU market.

Additionally, European cooperation on spectrum policy is functioning effectively. This

includes the current role of the Radio Spectrum Policy Group (RSPG), which provides

high-level strategic advice to support the Commission in developing Union-wide spec-

trum policy. In a similar manner the cooperation between the European Union and the

European Conference of Postal and Telecommunications Administrations (CEPT) has

proven valuable

for Member States. CEPT’s in-depth

technical work has served as a

robust foundation for spectrum-related decisions at EU level. Denmark considers it a

particular strength that CEPT includes both EU and non-EU countries, thereby facilitat-

ing broader harmonisation across the European continent and contributing to a more

integrated and competitive telecommunications market.

3. Safeguard competition through targeted regulation

While the Commission, in Section B on Access Regulation, suggests that reducing the

role of ex-ante regulation could help advance a more integrated single market, Denmark

believes that the existing framework already plays a central role in supporting this ob-

jective. In our view, it is precisely the availability of targeted ex-ante tools that has ena-

bled effective competition to emerge across diverse national markets, thereby contrib-

uting to the gradual strengthening of the internal market for electronic communications.

While harmonisation plays an important role in supporting the Digital Single Market, it

is equally essential to uphold a regulatory framework that remains flexible and allows

Member States to account for national market conditions, legal frameworks, and policy

priorities when making decisions. In this context, Denmark finds it important to retain

the overarching objectives of the EECC. The framework has proven effective in foster-

ing competition, while supporting continued investment in infrastructure and innovation

at the same time. Crucially, it enables national regulatory authorities to incorporate a

diverse set of economic and technological considerations into their decision-making.

In line with this, and as part of the Danish national telecom agreement from June this

year, Denmark will initiate a national analysis of investment needs in telecom infrastruc-

ture, including security and green transition, to better understand market dynamics and

ensure that regulatory decisions continue to support fair competition and adequate in-

vestment conditions.

Against this backdrop, it is vital that the DNA preserves the possibility for ex-ante regu-

lation. Such tools remain necessary to ensure that providers have access to infrastruc-

ture on fair and reasonable terms, particularly in areas where parallel or competing net-

works do not exist. Ex-ante measures are indispensable for promoting effective com-

petition and safeguarding end-user interests in less competitive market segments.

EUU, Alm.del - 2024-25 - Bilag 622: Notat samt høringssvar vedr. Digital net (Digital Networks Act)

4. Preserve effective governance and institutional balance

In Section A and B on Governance, the Commission reflects on the limited role of ex-

isting governance bodies such as the Body of European Regulators for Electronic Com-

munications (BEREC) and RSPG and considers expanding their functions to include

decision-making power. Denmark acknowledges this discussion but calls for caution.

Denmark supports the current institutional setup of BEREC. We see no justification for

centralising or redistributing the responsibilities and competences currently held by

Member States and National Regulatory Authorities (NRAs). Denmark supports the

principle of a level playing field for services that are functionally equivalent. However,

there is currently not enough evidence of a sufficient degree of convergence currently

existing between traditional electronic communications networks and other digital infra-

structure, such as cloud services, to warrant an extension of the regulatory scope at

this time.

In relation to IP-interconnection,

the White Paper on “How

to master Europe’s digital

infrastructure needs?”

indicates that markets for transit and peering and the contractual

relationships between markets players generally function well. Therefore, any policy

measures that gives NRAs or BEREC the empowerment to facilitate cooperation under

certain conditions and in duly justified cases, should be subject to careful assessment,

as the market is driven by functioning market dynamics and by cooperative behavior of

market players. In addition, it is unclear what the mandate of the NRAs or BEREC would

be, and in what cases an expanded role would be duly justified.

Conclusion: A call for a proportional, flexible and coordinated Digital Networks

Act

Strengthening European competitiveness requires access to fast, secure, and resilient

digital infrastructure. Hence, Denmark welcomes the Commission’s aim

to create the

best possible framework conditions to support this. However, we do have some reser-

vations regarding the possible policy options with regards to the DNA. We believe it is

possible to strive for both competition in the telecommunications market and competi-

tiveness for Europe. Denmark welcomes the Commission’s initiative to establish a mod-

ernised regulatory framework through the Digital Networks Act. We share the ambition

of ensuring that Europe is equipped with fast, secure and resilient digital infrastructure,

which is essential for long term competitiveness, innovation and inclusion across the

Union.

As outlined in this response, we believe that this ambition can best be realised through

a framework that is balanced, proportionate and firmly grounded in evidence. A forward

-looking DNA should be built on the strengths of the current system, preserving the

principles of technological neutrality, effective competition, subsidiarity and national

flexibility, all of which have proven effective in advancing connectivity and market de-

velopment in diverse national settings. In conclusion, we believe that the EU’s telecom-

munication objectives should

maintain a technology-neutral and market-based reg-

ulatory approach, and avoid unnecessary intervention that could harm well-func-

tioning markets.