# The Electronic Communications and Wireless Telegraphy Regulations 2011, 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.”

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Source: https://www.legislation.gov.uk/uksi/2011/1210/schedule/1/paragraph/89 (the official version)
Page: https://openlegislation.uk/electronic-communications-and-wireless-telegraphy-regulations-2011/schedule-1/paragraph-89
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

