Paragraph 89

Before section 151 (but after the cross-heading immediately before it) insert—

“Proposals of EU significance

150A

(1)

This section applies in relation to a proposal—

(a)

to set, modify or revoke a condition under section 45;

(b)

to give a direction, approval or consent for the purposes of such a condition;

(c)

to modify or withdraw such a direction, approval or consent;

(d)

to identify a market for the purposes of making or reviewing a market power determination; or

(e)

to make or review a market power determination.

(2)

The proposal is of EU significance for the purposes of this Chapter if—

(a)

paragraph (3) of Article 7 of the Framework Directive applies, or would apply but for paragraph (9) of that Article, in relation to it;

(b)

(in a case within paragraph (a), (b) or (c) of subsection (1)) the condition is an access-related condition falling within section 73(2) or an SMP services condition;

(c)

(in a case within paragraph (d) or (e) of subsection (1)) the market in question is a services market; and

(d)

in OFCOM's opinion it would affect trade between member States.”