Art. 40 The high-level group | DMA regulation | DMA

This article establishes a high-level group to support the Commission in implementing the Digital Markets Act.

Drawing together five major European regulatory bodies and networks spanning communications, data protection, competition, consumer protection, and audiovisual media, the group serves as a cross-disciplinary advisory forum.

Its role is to provide the Commission with expertise and recommendations on implementation, enforcement, and regulatory coherence, as well as to flag where the DMA intersects or potentially conflicts with other sector-specific rules.

The group connects directly to the Commission's broader enforcement and market investigation activities, including those under Articles 17, 18, and 19.

Important points:

The Commission is required to establish and chair the high-level group, providing it with secretariat services and convening it at least once per calendar year.
The high-level group must submit an annual report to the Commission, the European Parliament, and the Council, identifying interactions between the DMA and other sector-specific regulations.
The high-level group may advise the Commission on whether rules in the Regulation need to be amended, added, or removed in the context of market investigations into new services and practices.

1. The Commission shall establish a high-level group for the Digital Markets Act (‘the high-level group’).
1. The high-level group shall be composed of the following European bodies and networks:
  1. Body of the European Regulators for Electronic Communications;
  2. European Data Protection Supervisor and European Data Protection Board;
  3. European Competition Network;
  4. Consumer Protection Cooperation Network; and
  5. European Regulatory Group of Audiovisual Media Regulators.
1. The European bodies and networks referred to in paragraph 2 shall each have an equal number of representatives in the high-level group. The maximum number of members of the high-level group shall not exceed 30.
1. The Commission shall provide secretariat services to the high-level group in order to facilitate its work. The high-level group shall be chaired by the Commission, which shall participate in its meetings. The high-level group shall meet upon request of the Commission at least once per calendar year. The Commission shall also convene a meeting of the group when so requested by the majority of the members composing the group in order to address a specific issue.
1. The high-level group may provide the Commission with advice and expertise in the areas falling within the competences of its members, including:
  1. advice and recommendations within their expertise relevant for any general matter of implementation or enforcement of this Regulation; or
  2. advice and expertise promoting a consistent regulatory approach across different regulatory instruments.
1. The high-level group may, in particular, identify and assess the current and potential interactions between this Regulation and the sector-specific rules applied by the national authorities composing the European bodies and networks referred to in paragraph 2 and submit an annual report to the Commission presenting such assessment and identifying potential trans-regulatory issues. Such report may be accompanied by recommendations aiming at converging towards consistent transdisciplinary approaches and synergies between the implementation of this Regulation and other sectoral regulations. The report shall be communicated to the European Parliament and to the Council.
1. In the context of market investigations into new services and new practices, the high-level group may provide expertise to the Commission on the need to amend, add or remove rules in this Regulation, to ensure that digital markets across the Union are contestable and fair.