§ 481. Special requirements for application of obligations of undertaking with significant market power (1) If the European Commission notifies the Consumer Protection and Technical Regulatory Authority within one month after the receipt of the draft decision provided for in subsection 1 of § 48 of this Act that the obligations to be imposed, amended or withdrawn by the Consumer Protection and Technical Regulatory Authority in the draft decision affect trade between Member States of the European Union or are contrary to the European Union law, the Consumer Protection and Technical Regulatory Authority shall not make a decision within three months after the receipt of the notification from the European Commission. In the absence of such notification the Consumer Protection and Technical Regulatory Authority may make the decision prepared pursuant to subsection 1 of § 49, taking account of the opinions of the European Commission, BEREC and the communications market regulators of Member States of the European Union to the greatest extent possible. (2) Upon receipt of the notification from the European Commission provided for in subsection 1 of this section the Consumer Protection and Technical Regulatory Authority shall co-operate with the European Commission and BEREC in order to identify the most appropriate and effective measures. (3) The Consumer Protection and Technical Regulatory Authority may amend, withdraw or maintain the draft decision before the expiry of the three-month term specified in subsection 1 of this section, taking account of the reasons presented in the notification of the European Commission provided for in subsection 1 and the opinion of BEREC to the greatest extent possible. (4) The European Commission may, within one month after the expiry of the three-month term provided in subsection 1 of this section, make a recommendation to the Consumer Protection and Technical Regulatory Authority to amend or withdraw its draft decision. The European Commission may also make a decision to withdraw the opinions submitted in the notification provided in subsection 1. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (5) The Consumer Protection and Technical Regulatory Authority shall send the final measures to the European Commission and BEREC within one month after the receipt of the recommendation or decision specified in subsection 4 of this section from the European Commission. The specified one-month term may be extended to undertake a national consultation in accordance with § 47 of this Act. (6) If the Consumer Protection and Technical Regulatory Authority decides not to amend or withdraw the draft decision on the basis of the recommendation of the European Commission, it shall submit its reasons to the European Commission. (61) If the European Commission decides within one month after the expiry of the three-month term specified in subsection 1 of this section that the Consumer Protection and Technical Regulatory Authority must withdraw the draft decision provided in subsections 4 and 5 of § 561of this Act, the Consumer Protection and Technical Regulatory Authority withdraws the draft decision or amends it within six months as of the making of the corresponding decision of the European Commission. In the case of amendment of the draft decision, the Consumer Protection and Technical Regulatory Authority proceeds from the provisions of § 47 and subsections 1, 2 and 4 of § 48 of this Act. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (7) The Consumer Protection and Technical Regulatory Authority may withdraw the draft decision at any stage of the procedure. (8) If the Consumer Protection and Technical Regulatory Authority finds that, due to exceptional circumstances, obligations not provided for in §§ 51 – 54 of this Act must be imposed on an undertaking with significant market power, it must submit the respective application to the European Commission. The Consumer Protection and Technical Regulatory Authority may impose the planned obligation only after the European Commission has granted permission therefor. [RT I, 23.03.2011, 1 – entry into force 25.05.2011] § 49. Designation of undertaking as having significant market power, imposition of obligations and not designating undertaking with significant market power (1) The Consumer Protection and Technical Regulatory Authority shall make a decision to designate an undertaking as having significant market power and to impose an obligation thereon (hereinafter decision to designate an undertaking as having significant market power) or a decision not to designate an undertaking with significant market power after consultations with the European Commission in accordance with § 48 of this Act. If the consent of the European Commission is necessary to impose an obligation in accordance with § 48 of this Act, the consent must be appended to the decision. [RT I 2007, 66, 408 – entry into force 01.01.2008] Electronic Communications Act Page 29 / 89