Article 17. 1. In exceptional cases which require urgent action due to a direct and serious
threat to competitiveness or user interests, the President of UKE may, without carrying out
consultation proceedings, issue a decision in cases referred to in Article 15 for a period not
exceeding 6 months.
2. The issuance of a subsequent decision in cases referred to in paragraph 1, including
a decision whose content – except for the period of validity – corresponds to a previously
issued decision, shall be preceded by consultation proceedings. This decision shall exclude
the application of a decision referred to in paragraph 1, before the expiry of its validity.
Article 17a. The President of UKE shall publish on the UKE BIP website information on
consultation proceedings in progress together with additional documents and positions of the
participants which do not constitute business confidentiality (non-confidential positions of the
participants to consultation proceedings).
Article 17b. Article 79a of the Code of Administrative Procedure of 14 June 1960 shall not
apply to the cases referred to in Article 15.
Chapter 4
Consolidation proceedings
Article 18. 1. In cases where decisions referred to in Article 15 may affect trade between
Member States, the President of UKE, following the completion of consultation proceedings
and examination of positions of participants to the proceedings, shall commence consolidation
proceedings by sending draft decisions together with their reasoning to the European
Commission, the Body of European Regulators for Electronic Communications, hereinafter
referred to as the "BEREC" and regulatory authorities of other Member States.
2. Simultaneously with the activities referred to in paragraph 1, the President of UKE shall
publish on the UKE BIP website the documents submitted to the European Commission as
well as the opinions and decisions received in this case.
Article 19. 1. The President of UKE shall adopt a measure, taking the utmost account of
comments of the European Commission, BEREC or regulatory authorities, submitted within
one month of the date of receiving a draft measure. The President of UKE shall inform the
European Commission of the adopted measure.
2. Where with respect to finding significant market power and the intention to define
a relevant market which differs from those defined in the Commission Recommendation on
relevant product and service markets in the electronic communications sector susceptible to
ex-ante regulation, hereinafter referred to as "the Commission Recommendation", the
European Commission informs the President of UKE of its opinion in which it finds that the
draft measure would create a barrier to the single market or of its serious doubts as to the
measure's compatibility with the European Union law, the President of UKE shall suspend
proceedings for the period of 2 months. Where within that period the European Commission
issues a decision requiring the national regulatory authority to withdraw a draft measure in
full or in part, the President of UKE shall take account of the European Commission's position
and shall amend the draft measure or shall discontinue proceedings within 6 months of the
issuance of the decision by the European Commission.
2a. Where the President of UKE amends the draft measure under paragraph 2 the provisions
of Articles 15-20 shall apply. The amendment to the reasoning of the draft measure shall not
be an amendment to the draft measure.