Authority intends to designate as having significant market power has the right to submit objections to the draft decision within one month after the receipt thereof. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (3) The Consumer Protection and Technical Regulatory Authority prepares a draft decision to designate an undertaking as having significant market power or a draft decision not to designate an undertaking as having significant market power, taking account of the opinions submitted concerning the draft decision specified in subsection 2 of § 441or subsection 1 of § 46 of this Act. If the Consumer Protection and Technical Regulatory Authority does not take account of the submitted opinions, the Consumer Protection and Technical Regulatory Authority must justify it in the draft decision. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (4) The draft decision specified in subsection 3 of this section must contain the information specified in subsection 2 of § 441or subsection 1 of § 46 of this Act. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 48. Consultations with European Commission, BEREC and regulators of Member States of European Union (1) The Consumer Protection and Technical Regulatory Authority must inform the European Commission, BEREC and the communications market regulators of Member States of the European Union of a draft decision to designate an undertaking as having significant market power or not to designate an undertaking as having significant market power prepared pursuant to subsection 3 of § 47 of this Act. (2) If performance of an act or application of a measure provided in the draft decision prepared pursuant to subsection 3 of § 47 of this Act may affect trade between Member States of the European Union, the Consumer Protection and Technical Regulatory Authority must grant the European Commission, BEREC and the communications market regulators of Member States of the European Union the possibility to submit their opinions regarding the draft decision within one month. Upon making the decision provided in subsection 1 of § 49, the Consumer Protection and Technical Regulatory Authority takes account of the opinions submitted concerning the draft decision to the greatest extent possible and sends the decision to the European Commission. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (3) Acts or measures that may have an influence, direct or indirect, actual or potential, on trade between Member States of the European Union in a manner which may hinder the implementation of the principles of the single market are deemed to be acts or measures which affect trade between Member States of the European Union. Such acts or measures may affect prices charged from subscribers of services in other Member States, the ability of undertakings operating in other Member States to provide communications services, the ability to offer services on a transnational basis as well as market structure or access, which may in turn lead to repercussions for communications undertakings in other Member States. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (4) If the European Commission notifies the Consumer Protection and Technical Regulatory Authority that definition of the communications market planned by the Consumer Protection and Technical Regulatory Authority differs from the recommendation of the European Commission or that designation of an undertaking as an undertaking with significant market power or not designating an undertaking with significant market power hinders the development of the European single market and is contrary to the European Union law, the Consumer Protection and Technical Regulatory Authority shall, if required by the European Commission, suspend the making of the planned decision for two months. (5) If the European Commission decides within the term of two months specified in subsection 4 of this section that the Consumer Protection and Technical Regulatory Authority must withdraw the draft decision, the Consumer Protection and Technical Regulatory Authority shall withdraw the draft decision or amend it within six months as of the date of the decision of the European Commission. In the case of amendment of the draft decision, the Consumer Protection and Technical Regulatory Authority shall proceed from the provisions of § 47 of this Act and subsections 1, 2 and 4 of this section. (6) The Consumer Protection and Technical Regulatory Authority may, in exceptional circumstances, in accordance with this Act, impose provisional and proportionate measures, by way of derogation from the procedure provided for in subsections 1, 2 and 4 of this section, if it considers that the performance of corresponding acts or the application of corresponding measures is necessary in order to safeguard competition and protect the interests of end-users. In such case the Consumer Protection and Technical Regulatory Authority must promptly notify the European Commission, BEREC and the communications market regulators of Member States of the European Union of the applied measures and of reasons for the application thereof. If the Consumer Protection and Technical Regulatory Authority wishes to make such provisional measures permanent or if it wishes to extend the period of application of such measures, it must follow the procedure provided for in subsections 1, 2 and 4. [RT I, 23.03.2011, 1 – entry into force 25.05.2011] Page 28 / 89 Electronic Communications Act