Procedure for the regulatory order

(1) The Federal Network Agency generally submits a draft regulatory order within six months of publication of the results of the market definition and market analysis.
(2) Where the intended obligations of the regulatory order would have a significant effect on the market concerned, the consultation procedure under section 12(1) and the procedure for adopting interim measures under section 12(7) apply correspondingly.
(3) The consolidation procedure under section 12(2), (3), and (6) applies correspondingly where the intended obligations of the regulatory order would affect trade between the Member States of the European Union and no exception applies under a recommendation or guidelines adopted by the Commission under Article 34 of Directive (EU) 2018/1972. In the consolidation procedure, the Federal Network Agency submits to the Commission, together with the draft regulatory order, the decision declaring commitments binding. Where the Federal Network Agency intends to impose obligations under sections 31 and 32, it initiates the procedure under subsections (1) and (2) only after the Commission has, on a corresponding request, authorised the imposition of those obligations under the procedure of Article 118(3) of Directive (EU) 2018/1972. The Federal Network Agency may conduct the procedure under subsections (1) and (2) together with, or following, the procedure under section 12.
(4) Where the Commission, within the one-month period under section 12(2), third sentence, notifies the Federal Network Agency and BEREC by decision of the reasons why it considers that the draft regulatory order, which does not merely maintain an obligation, would create a barrier to the internal market, or why it has serious doubts as to its compatibility with the law of the European Union, the Federal Network Agency does not adopt the intended obligations before the expiry of a further three months.
(5) Within the three-month period under subsection (4), the Federal Network Agency cooperates closely with the Commission and BEREC to identify the most appropriate and effective measure having regard to the objectives of section 2. In doing so, it takes into account the views of market participants and the need to develop consistent regulatory practice.
(6) Where BEREC, within six weeks of the beginning of the three-month period under subsection (4), issues an opinion on the Commission's notification in which it shares the Commission's serious doubts, the Federal Network Agency may, before the expiry of the three-month period under subsection (4), amend the draft regulatory order having regard to the Commission's notification and BEREC's opinion, thereby making the amended draft measure the subject of further examination by the Commission.
(7) After the expiry of the three-month period under subsection (4), the Federal Network Agency gives the Commission the opportunity to issue a recommendation within a further month. Where the Commission, in the case of subsection (6), requires the Federal Network Agency, within the one-month period under the first sentence, to withdraw an intended obligation under section 13(4), third and fourth sentences, or section 22(1), the procedure under section 12(5) applies correspondingly.
(8) After the expiry of the one-month period under subsection (7), first sentence, the Federal Network Agency transmits the regulatory order to the Commission and BEREC, or notifies them that it has withdrawn the draft regulatory order. Where the Federal Network Agency does not follow the Commission's recommendation, it states its reasons. Where a further consultation procedure under section 12(1) must be conducted under subsection (1) or under section 16, the period under the first sentence is extended correspondingly.
(9) The Federal Network Agency may withdraw a draft regulatory order under section 13 at any time.