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Communications Regulatory Authority

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esolution by each <strong>Authority</strong>, in observance of the ceilings provided by law, paid<br />

directly to AGCOM itself.” Such provision, in the part in which identifies the source of<br />

financing of AGCOM in the “market of competence”, raises serious doubts about its<br />

compliance with principles specified by the Community law-maker in article 3 and<br />

above all in whereas no. 11 of the directive 2002/21/EC, where it is provided that,<br />

Member States are to guarantee to national regulatory authorities all the necessary<br />

resources, not only in terms of staffing and expertise, but also as to financial means for<br />

the performance of their tasks.<br />

In the aforementioned article 1 of the so-called 2006 finance act, the subsequent<br />

paragraph 66 provides also that: “during its first enforcement, for the year 2006, the<br />

amount of the contribution to be paid by subjects working in communications sectors as<br />

specified in article 2, paragraph 38, clause b), of law no. 481 of 14 November 1995 is<br />

set at 1.5 per thousand of the revenues resulting in the last balance sheet approved prior<br />

to the date in which this law came into force.”<br />

112

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