The European Commission has decided to require the Dutch telecoms regulator (OPTA) to amend or withdraw a fixed and mobile termination rates proposal that it claims would negatively affect consumers in the Netherlands.

European Commission Vice President Neelie Kroes said: "The proposed Dutch termination rates would be twice as high as under the approach foreseen under EU law, so I am now requiring OPTA to withdraw the proposal, or amend it. This is in the interests of both consumers and businesses, and consistent with OPTA's original proposal."

In 2010, OPTA initially proposed cost-oriented fixed and mobile termination rates which were in line with the Commission's 2009 Recommendation. Following an appeal brought by certain telecoms operators, these rates were overturned in August 2011 by the Dutch Trade and Industry Appeals Tribunal which prescribed a different methodology that includes costs not directly related to call termination. Following this ruling OPTA proposed new rates, and in doing so triggered the Commission's 2012 investigation.

The Commission's decision follows a three month investigation during which BEREC, the body of European Telecoms Regulators, expressed support for the Commission's position.