(1) In implementing these Regulations, the Regulator shall ensure, subject to paragraphs (2) and (3), that no mandatory requirements for specific technical features are imposed on terminal or other electronic communication equipment which could impede the placing of equipment on the market and the free circulation of such equipment in the European Union.

(2) Where these Regulations can be implemented only by requiring specific technical features in electronic communications networks, the Regulator shall inform the Commission in accordance with the procedure provided for by Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 [OJ No. L 204, 21.07.1998, p. 37].

(3) The Regulator shall issue such instructions as may be necessary for the purpose of requiring any specific technical features on terminal or other electronic communication equipment necessary under paragraph (1).