Review of market definition, market analysis, and regulatory order

(1) Where facts become known, or are brought to the attention of, the Federal Network Agency, it examines within six weeks whether those facts justify the assumption that the results of the market definition and market analysis under sections 10 and 11 no longer correspond to actual market conditions, and that the results must be reviewed. Sections 10 to 14 apply correspondingly to the review of the results of sections 10 and 11.
(2) Where the Federal Network Agency finds, within the six-week period under subsection (1), first sentence, that
1. the facts under subsection (1) are not significant enough to require a new market definition and market analysis, and
2. the obligations imposed on the undertaking with significant market power no longer correspond to the conditions referred to in section 13(1), it may amend or revoke existing obligations, or impose new obligations, under the procedure of section 14. The first sentence applies in particular where the undertaking with significant market power has submitted commitments declared binding under section 19(1), or where the Federal Network Agency finds under section 19(6) that the undertaking has failed to comply with commitments declared binding.
(3) Except in the cases of subsections (1) and (4), the Federal Network Agency submits a new draft of the results of the market definition and market analysis no later than every five years, but not before the expiry of three years from publication of the results of the market definition and market analysis under section 12(6). The Federal Network Agency may, exceptionally, extend this period by one year. For this purpose, it notifies the Commission, four months before the end of the five-year period, of a reasoned proposal for extension. Where the Commission has not raised objections within one month of the Federal Network Agency's notification of the proposed extension, the requested extended review period applies.
(4) Where the recommendation under Article 64(1) of Directive (EU) 2018/1972 has changed, the drafts of the market definition and market analysis under sections 10 and 11 and of the regulatory order under section 13 must, for markets in respect of which the Commission has not received a prior submission under section 12(2), be submitted under the procedures of sections 12 and 14 within three years of the adoption of the amendment to the recommendation.
(5) Where the Federal Network Agency has not completed the market definition and market analysis under sections 10 and 11 within the prescribed period in respect of a relevant market defined in the version of Recommendation (EU) 2020/2245 in force at the time, or where the Federal Network Agency doubts that it will complete them within that period, it may request BEREC's assistance in finalising the market definition, the market analysis, and the regulatory order. Where such a request is made, the Federal Network Agency submits the drafts of the market definition, the market analysis, and the regulatory order to the Commission under the procedure of section 12(2) within six months of BEREC's commencing its assistance.