Ref. Ares(2015)3111763 - 24/07/2015
Meeting document for 1st trilogue on 23 March 2015
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives
2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) No 531/2012
COMMISSION
EUROPEAN PARLIAMENT
COUNCIL
COMMENTS
Title
Title
Title
Proposal for a
Proposal for a
Proposal for a
REGULATION OF THE EUROPEAN REGULATION OF THE EUROPEAN REGULATION OF THE EUROPEAN PARLIAMENT
PARLIAMENT
AND
OF
THE PARLIAMENT
AND
OF
THE AND OF THE COUNCIL
COUNCIL
COUNCIL
laying down measures concerning the European single
laying down measures concerning the laying down measures concerning the market for electronic communications and to achieve a
European single market for electronic European single market for electronic Connected Continent,
open internet and amending
communications and to achieve a communications and to achieve a Directives 2002/20/EC, 2002/21/EC and 2002/22/EC
Connected Continent, and amending Connected Continent, and amending and Regulations (EC) No 1211/2009 and (EU) No
Directives 2002/20/EC, 2002/21/EC Directives 2002/20/EC, 2002/21/EC and 531/2012
of the European Parliament and of the
and 2002/22/EC and Regulations (EC) 2002/22/EC and Regulations (EC) No
Council of 13 June 2012 on roaming on public mobile
No 1211/2009 and (EU) No 531/2012
1211/2009 and (EU) No 531/2012
and communications networks within the Union
Decision 243/2012/EU.
(1) Europe has to tap all sources of
deleted
(1) Europe has to tap all sources of
growth to exit the crisis, create jobs growth to exit the crisis, create jobs and
and
regain
its
competitiveness. regain its competitiveness. Restoring
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Restoring growth and job creation in growth and job creation in the Union is
the Union is the aim of the Europe the aim of the Europe 2020 Strategy.
2020 Strategy. The 2013 Spring
Furthermore, the Digital Sphere has
European
Council
stressed
the
become a part of the public space
importance of the digital single market
where new forms of cross-border trade
for growth and called for concrete
are established, and business
measures, in order to establish a single
opportunities for European companies
market
in
information
and
in the global digital economy are being
communications technology (ICT) as
created along with innovative market
early as possible. In line with the
development and social and cultural
objectives of the Europe 2020 Strategy
interaction. The 2013 Spring European
and with this call, this regulation aims Council stressed the importance of the
at establishing a single market for digital single market for growth and
electronic
communications
by called for concrete measures, in order to
completing and adapting the existing establish a single market in information
Union Regulatory Framework for and communications technology (ICT)
Electronic Communications.
as early as possible. In line with the
objectives of the Europe 2020 Strategy
and with this call, this regulation aims at
establishing
contributing to the
establishment of a single market for
electronic communications by
completing and adapting the existing
Union Regulatory Framework for
Electronic Communications (Directives
2002/19/EC1, 2002/20/EC2,
1
Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic
communications networks and associated facilities (Access Directive) (OJ L 108, 24.4.2002, p. 7).
2
Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic
communications networks and services (Authorisation Directive) (OJ L 108, 24.4.2002, p. 21).
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2002/21/EC3, 2002/22/EC4,
2002/58/EC5 of the European Parliament
and of the Council, Commission
Directive 2002/77/EC6, as well as
Regulations (EC) No 1211/20097, (EU)
No 531/20128 of the European
Parliament and of the Council and
Decision No 243/2012/EU of the
European Parliament and of the
Council9)
in certain respects, and by
defining the overall content, aim and
timing of the next review of that
framework.
(2) The Digital Agenda for Europe (2) The Digital Agenda for Europe
deleted
(DAE), one of the flagship initiatives (DAE), one of the flagship initiatives of
3
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for
electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).
4
Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to
electronic communications networks and services (Universal Service Directive) (OJ L 108, 24.4.2002, p. 51).
5
Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and
the protection of privacy in the electronic communications sector (E-Privacy Directive) (OJ L 201, 31.7.2002, p. 37).
6
Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and
service (OJ L 249, 17.9.2002, p. 21).
7
Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European
Regulators for Electronic Communications (BEREC) and the Office (OJ L 337, 18.12.2009, p. 1).
8
Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile
communications networks within the Union (OJ L 172, 30.6.2012, p. 10).
9
Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum
policy programme (OJ L 81, 21.3.2012, p. 7).
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of Europe 2020 Strategy, has already Europe 2020 Strategy, has already
recognised the role of ICT and network recognised the role of ICT and network
connectivity as an indispensable basis connectivity as an indispensable basis
for the development of our economy for the development of our economy and
and society. For Europe to reap the society. For Europe to reap the benefits
benefits of digital transformation, the of digital transformation, the Union
Union needs a dynamic single market needs a dynamic single market in
in electronic communications for all electronic
communications
for
all
sectors and across all of Europe. Such a sectors and across all of Europe. Such a
truly single communications market truly single communications market will
will be the backbone of an innovative be the backbone of an innovative and
and 'smart' digital economy and a 'smart' digital economy and a foundation
foundation of the digital single market of the digital single market where online
where online services can freely flow services can freely flow across borders
across borders.
within a single, open, standardised and
interoperable framework.
(3) In a seamless single market in (3) In a seamless single market in
deleted
electronic
communications,
the electronic communications, The freedom
freedom
to
provide
electronic to provide electronic communications
communications networks and services networks and services to every customer
to every customer in the Union and the in the Union and the right of each user to
right of each end-user to choose the choose the best offer available on the
best offer available on the market market should be ensured and should not
should be ensured and should not be be hindered by the fragmentation of
hindered by the fragmentation of markets along national borders. The
markets along national borders. The current
regulatory
framework
for
current regulatory framework for electronic
communications
,
while
electronic communications does not
recognising
and
allowing
for
fully address such fragmentation, with
objectively different conditions in the
national,
rather
than
Union-wide
Member States, does not fully address
general authorisation regimes, national such fragmentation with
due to other
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spectrum
assignment
schemes,
causes, with diverging national, rather
differences
of
Access
products then Union-wide
implementation of the
available
for
electronic general authorisation regimes
regime,
communications providers in different national spectrum assignment schemes,
Member States, and different sets of differences of access products available
sector-specific
consumer
rules for electronic communications providers
applicable. The Union rules in many in different
and different sets of sector-
cases merely define a baseline, and are
specific consumer rules applicable. For
often implemented in diverging ways
example, while Directive 2020/20/EC
by the Member States.
(Authorisation Directive) limits the type
of information which may be required,
12 Member States, and different sets of
sector-specific
consumer
rules
applicable. The Union rules in many
cases merely define a baseline, and are
often implemented in diverging ways
demand additional detail such as a
categorisation of the intended types of
activities, the geographical scope of the
activity, the targeted market, the
company structure, including names of
shareholders and of shareholders of
shareholders, Chamber of Commerce
certification and a criminal records of
the representative of the undertaking.
Additional requirements such as these
underline the importance of a firm
policy
by
the
Member
States
Commission regarding infringement
procedures.
(4) A truly single market for electronic (4) A truly single market for electronic
deleted
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communications
should
promote communications
should
promote
competition, investment and innovation competition,
coordination, investment,
in new and enhanced networks and innovation
and more capacity in new
services by fostering market integration and enhanced networks and services by
and cross-border service offerings. It fostering market integration and cross-
should thus help to achieve the border service offerings,
and should
ambitious
high-speed
broadband
reduce to a minimum unnecessary
targets set out in the DAE. The
regulatory burdens on undertakings. It
growing
availability
of
digital should thus help to achieve,
and even
infrastructures and services should in
surpass,
the
ambitious
high-speed
turn increase consumer choice, quality broadband targets set out in the DAE
of service and diversity of content, and
and facilitate the emergence of services
contribute to territorial and social
and applications that are able to exploit
cohesion, as well as facilitating
open
data
and
formats
in
an
mobility across the Union.
interoperable, standardised and safe
way, ensuring that they are available at
the
same
functional
and
non-
functional levels throughout the Union.
The growing availability of digital
infrastructures and services should in
turn increase consumer choice, quality
of service and diversity of content, and
contribute to territorial and social
cohesion, as well as facilitating mobility
across the Union.
(4a) As the European Parliament’s
Directorate-General
for
Internal
Policies (Policy Department B –
Structural and Cohesion Policies)
stresses in its 2013 study entitled
‘Internet,
Digital
Agenda
and
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Economic Development of European
Regions’ (’the study‘), a favourable
regional context in terms of acceptance
and
receptiveness
of
ICT
and
information society development is an
important or even decisive factor as this
is the privileged place where demand
for ICT development can emerge.
(4b) As the study notes, the regional
level is pertinent for identifying the
opportunities
offered
by
the
Information Society and for carrying
out plans and programmes in support
of it. The study also points out that the
interplay between the different levels of
governance yields great potential for
growth.
Top-down
initiatives
and
bottom-up projects should be combined,
or at least developed in parallel, in
order to attain the objective of creating
a common digital market.
(4c) If a European single market for
electronic communications is to be
established and territorial and social
cohesion are to be strengthened,
investment priority (2)(a) laid down in
Article 5 of Regulation (EU) No
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1301/2013 of the European Parliament
and of the Council10 should be
implemented with a view to improving
broadband access and high-speed
networks and supporting the use of new
technologies and networks in the digital
economy and all European regions
should be put in a position to make
investments in this area, as specified in
Article 4 of that Regulation.
(4d)
Investment
in
the
latest
infrastructure, which is essential if
people in the Union are to be in a
position to take advantage of new,
innovative
services
must
not
be
restricted
to
central
or
densely
populated areas where it is certain to
yield a return. Such investment must
also be made at the same time in
outlying and outermost regions, which
are less densely populated and less
developed, so that these regions do not
fall even further behind.
(5) The benefits arising from a single (5) The benefits arising from a single
deleted
market for electronic communications market for electronic communications
should extend to the wider digital should extend to the wider digital
10 Regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional
Development Fund and on specific provisions concerning the Investment for growth and jobs goal and repealing Regulation (EC) No
1080/2006 (OJ L 347, 20.12.2013, p. 289).
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ecosystem
that
includes
Union ecosystem
that
includes
Union
equipment manufacturers, content and equipment manufacturers, content and
application providers and the wider application
and software providers and
economy, covering sectors such as the wider economy, covering sectors
banking, automotive, logistics, retail, such as
education, banking, automotive,
energy and transport, which rely on logistics,
retail,
energy
,
medicine,
connectivity
to
enhance
their
mobility and transport,
and the
productivity through, for example,
intelligent management of emergencies
ubiquitous
cloud
applications,
and natural disasters, which rely on
connected objects and possibilities for connectivity
and broadband to enhance
integrated
service
provision
for their productivity,
quality and end-user
different parts of the company. Public
provision through, for example,
administrations and the health sector ubiquitous cloud applications,
advanced
should also benefit from a wider
analysis
of
big
data
from
availability of e-government and e-
communications networks, connected
health services. The offer of cultural
and
interoperable
objects
and
content and services, and cultural possibilities for integrated
cross-border diversity in general, may be also service provision for different parts of
enhanced in a single market for the company,
against a background of
electronic
communications.
The
open-standard system interoperability
provision of connectivity through
and
open
data.
Citizens,
public
electronic communications networks administrations and the health sector
and services is of such importance to should also benefit from a wider
the wider economy and society that availability of e-government and e-
unjustified
sector-specific
burdens, health services. The offer of cultural
and
whether
regulatory
or
otherwise,
educational content and services, and
should be avoided.
cultural diversity in general, may be also
enhanced in a single market for
electronic
communications.
The
provision
of
connectivity
communications
through
electronic
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communications networks and services
is of such importance to the wider
economy and society
and to the smart
cities of the future that unjustified
sector-specific
burdens,
whether
regulatory or otherwise, should be
avoided.
(6) This Regulation aims at the (6) This Regulation aims at
moving (6)
(1)This Regulation aims at the completion of the
completion of the single electronic
further towards the completion of the single electronic communications market through action
communications market through action single
electronic
communications on three broad, inter-related axes. First, it should secure
on three broad, inter-related axes. First, market through action on three broad, the freedom to provide electronic communications
it should secure the freedom to provide inter-related axes. First, it should secure services across borders and networks in different
electronic communications services
affirm the freedom to provide electronic Member States, building on the concept of a single EU
across borders and networks in communications services across borders authorisation which puts in place the conditions for
different Member States, building on and networks in different Member ensuring greater consistency and predictability in the
the
concept
of
a
single
EU States, building on the concept of a content
and
implementation
of
sector-specific
authorisation which puts in place the single EU authorisation which puts in regulation throughout the Union.
conditions
for
ensuring
greater place the conditions for ensuring greater Second, it is necessary to enable access on much more
consistency and predictability in the consistency and predictability in the convergent terms and conditions to essential inputs for
content and implementation of sector-
content and implementation of sector-
the cross-border provision of electronic
specific regulation throughout the specific regulation throughout the Union
communications networks and services, not only for
Union.
by harmonising and simplifying the wireless broadband communications, for which both
Second, it is necessary to enable access
application of the general authorisation licensed and unlicensed spectrum is key, but also for
on much more convergent terms and
scheme. Second, it is necessary to fixed line connectivity. Third, in the interests of
conditions to essential inputs for the enable access on much more convergent aligning business conditions and building the digital
cross-border provision of electronic terms and conditions to essential inputs confidence of citizens, this Regulation should
communications
networks
and for the cross-border provision of harmonise rules on the protection of end-users,
services,
not
only
for
wireless electronic communications networks and especially consumers. This includes rules on
broadband communications, for which services, not only
address the conditions nondiscrimination, contractual information, termination
both licensed and unlicensed spectrum
and procedures for granting spectrum of contracts and switching, in addition to rules on
is key, but also for fixed line
licenses
for
wireless
broadband access to online content, applications and services and
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connectivity. Third, in the interests of communications,
for
which
both on traffic management which not only protect end-users
aligning
business
conditions
and licensed and
as well as the use of but simultaneously guarantee the continued functioning
building the digital confidence of unlicensed spectrum is key, but also for of the Internet ecosystem as an engine of
citizens,
this
Regulation
should fixed line connectivity. Third, in the innovation.
harmonising rules on safeguarding access
harmonise rules on the protection of interests of aligning business conditions
to open internet by ensuring end-users’ right to access
end-users, especially consumers. This and building the digital confidence of
and distribute information and lawful content, run
includes rules on nondiscrimination, citizens,
this
Regulation
should
applications and use services of their choice, as well
contractual information, termination of harmonise
address
rules
on
the
as by establishing common rules on traffic
contracts and switching, in addition to protection
of
end-users,
especially management which not only protect end-users but
rules on access to online content, consumers. This includes rules on non-
simultaneously guarantee the continued functioning of
applications and services and on traffic discrimination, contractual information, the Internet ecosystem as an engine of innovation. In
management which not only protect termination of contracts and switching, addition, further Reforms in the field of roaming should
end-users but simultaneously guarantee in addition to rules on access to online give end-users the confidence to stay connected when
the continued functioning of the content, applications and services and on they travel in the Union, and should become over time a
Internet ecosystem as an engine of traffic
management
and
shared, driver of convergent pricing and other conditions in the
innovation. In addition, further reforms
common standards on user privacy and Union.
in the field of roaming should give end-
data protection and security, which not
users the confidence to stay connected only
protect
end-users
but
when they travel in the Union, and simultaneously guarantee the continued
should become over time a driver of functioning of the Internet ecosystem as
convergent
pricing
and
other an engine of innovation. In addition,
conditions in the Union.
further reforms in the field of roaming
should give users the confidence to stay
connected when they travel in the Union
, and should become over time a driver
of
convergent
pricing
and
other
conditions
without being subject to
additional charges over and above the
tariffs which they pay in the Union
Member State where their contract was
concluded.
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(7) This Regulation should therefore (7) This Regulation should therefore
deleted
complement
the
existing
Union complement
supplement the existing
regulatory
framework
(Directive Union regulatory framework (Directive
2002/19/EC
of
the
European 2002/19/EC of the European Parliament
Parliament and of the Council11, and of the Council2 , Directive
Directive 2002/20/EC of the European 2002/20/EC of the European Parliament
Parliament and of the Council12, and of the Council3 , Directive
Directive 2002/21/EC of the European 2002/21/EC of the European Parliament
Parliament and of the Council13, and of the Council4 , Directive
Directive 2002/22/EC of the European 2002/22/EC of the European Parliament
Parliament and of the Council14, and of the Council5 , Directive
Directive 2002/58/EC of the European 2002/58/EC of the European Parliament
Parliament and of the Council15, and of the Council6 , Commission
Commission Directive 2002/77/EC16, Directive 2002/77/EC7 , as well as
as well as Regulation (EC) No Regulation (EC) No 1211/2009 of the
11 Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic
communications networks and associated facilities (Access Directive) (OJ L 108, 24.4.2002, p. 7).
12Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications
networks and services (Authorisation Directive) (OJ L 108, 24.4.2002, p. 21).
13 Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic
communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).
14 Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to
electronic communications networks and services (Universal Service Directive) (OJ L 108, 24.4.2002, p. 51).
15 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the
protection of privacy in the electronic communications sector (E-Privacy Directive) (OJ L 201, 31.7.2002, p. 37)
16 Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and service
(OJ L 249, 17.9.2002, p. 21.)
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1211/2009 of the European Parliament European Parliament and of the Council8
and of the Council17, Regulation (EU) , Regulation (EU) No 531/2012 of the
No
531/2012
of
the
European European Parliament and of the Council9
Parliament and of the Council18 and and Decision No 243/2012/EU of the
Decision No 243/2012/EU of the European
Parliament10)
and
the
European
Parliament19)
and
the applicable national legislations adopted
applicable national legislations adopted in conformity with Union law, by
in conformity with Union law, by
introducing certain targeted measures establishing
specific
rights
and establishing
specific
rights
and
obligations
for
both
electronic obligations
for
both
electronic
communications providers and end-
communications providers and end-
users,
by
making
consequential users,
by
making
consequential
amendments to the existing Directives amendments to the existing Directives
and to Regulation (EU) No 531/2012 in and to Regulation (EU) No 531/2012 in
order to secure greater convergence as order to secure greater convergence as
well as some substantive changes well as some substantive changes
consistent with a more competitive consistent with a more competitive
Single Market.
Single Market.
(8) The measures provided in this
[no change]
(8)
(2) The measures provided in this Regulation
Regulation respect the principle of
respect the principle of technological neutrality, that is
technological neutrality, that is to say
to say they neither impose nor discriminate in favour of
they neither impose nor discriminate in
the use of a particular type of technology.
favour of the use of a particular type of
17 Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European
Regulators for Electronic Communications (BEREC) and the Office (OJ L 337, 18.12.2009, p. 1).
18 Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications
networks within the Union (OJ L 172, 30.6.2012, p. 10.)
19 Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy
programme (OJ L 81, 21.3.2012, p. 7)
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technology.
(9) The provision of cross-border (9) The provision of cross-border
deleted
electronic communications is still electronic
communications
is
still
subject to greater burdens than those subject to greater burdens than those
confined to the national borders. In confined to the national borders. In
particular, cross-border providers still particular, cross-border providers still
need to notify and pay fees in need to notify and pay fees in individual
individual host Member States. Holders host Member States. Holders of a single
of a single EU authorisation should be EU
A certain degree of harmonisation
subject to a single notification system
of the general authorisation should be
in the Member State of their main subject to a single notification system in
establishment (home Member State), the Member State of their main
which will reducē the administrative establishment (home Member State),
burden for cross-border operators. The which will reducē the administrative
single EU authorisation should apply to burden for cross-border operators. The
any undertaking that provides or single EU authorisation should apply to
intends
to
provide
electronic any undertaking that provides or intends
,
communications services and networks
involving the Body of European
in more than one Member State,
Regulators
for
Electronic
thereby entitling it to enjoy the rights
Communications (BEREC) as the
attached to the freedom to provide
recipient
of
notifications,
should
electronic communications services
further
ensure
the
practical
and networks in accordance with this
effectiveness of the freedom to provide
Regulation in any Member State. A electronic communications services and
single EU authorisation defining the networks in more than one Member
legal
framework
applicable
to State, thereby entitling it to enjoy the
electronic communications operators rights attached to the freedom to provide
providing services across Member electronic communications services and
States on the basis of a general networks in accordance with this
authorisation in the home Member Regulation in any Member State. A
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State should ensure the effectiveness of single EU authorisation defining the
the freedom to provide electronic legal framework applicable to electronic
communications services and networks communications operators providing
in the whole Union.
services across Member States on the
basis of a general authorisation in the
home Member State should ensure the
effectiveness of the freedom to provide
electronic communications services and
networks in the whole Union.
the whole
Union. Furthermore, notification is not
mandatory in order to benefit from the
general authorisation scheme and not
all Member States require it. As a
notification requirement imposes an
administrative burden on the operator,
Member States requiring notification
should show that it is justified, in line
with Union policy on abolishing
unnecessary regulatory burdens. The
Commission should be required to
evaluate such requirements and, where
appropriate, be empowered to request
their removal.
(10) The provision of electronic
deleted
deleted
communications services or networks
across borders may take different
forms, depending on several factors
such as the kind of network or services
provided, the extent of the physical
infrastructure needed or the number of
subscribers in the different Member
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States. The intention to provide
electronic communications services
cross-border or to operate an electronic
communications network in more than
one
Member
State
may
be
demonstrated by activities such as
negotiation of agreements on access to
networks in a given Member State or
marketing via an internet site in the
language of the targeted Member State.
(11) Irrespective of how the provider
deleted
deleted
chooses
to
operate
electronic
communications networks or provide
electronic communications services
across borders, the regulatory regime
applicable to a European electronic
communications provider should be
neutral
vis-à-vis
the
commercial
choices which underlie the organisation
of functions and activities across
Member States. Therefore, regardless
of the corporate structure of the
undertaking, the home Member State
of
a
European
electronic
communications provider should be
considered to be the Member State
where
the
strategic
decisions
concerning the provision of electronic
communications networks or services
are taken.
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(12) The single EU authorisation
deleted
deleted
should be based on the general
authorisation in the home Member
State. It should not be made subject to
conditions which are already applicable
by virtue of other existing national law
which is not specific to the electronic
communications sector. In addition, the
provisions of this Regulation and
Regulation (EU) No. 531/2012 should
also apply to European electronic
communications providers.
(13) Most sector-specific conditions,
deleted
deleted
for example concerning access to or
security and integrity of networks or
access to emergency services, are
strongly linked to the place where such
network is located or the service is
provided. Consequently a European
electronic communications provider
may be subject to conditions applicable
in the Member States where it operates,
to the extent that this Regulation does
not provide otherwise.
(14) Where Member States require
[no change]
deleted
contribution from the sector in order to
finance universal service obligations
and to the administrative costs of the
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EN
national regulatory authorities, the
criteria
and
procedures
for
apportioning contributions should be
proportionate and non-discriminatory
with regard to European electronic
communications providers, so as not to
hinder cross-border market entry, in
particular of new entrants and smaller
operators; individual undertakings’
contributions should therefore take into
account the contributor’s market share
in terms of turnover realised in the
relevant Member State and should be
subject to the application of a de
minimis threshold.
(15) It is necessary to ensure that in (15) It is necessary to ensure that in
deleted
similar circumstances there is no similar circumstances there is no
discrimination in the treatment of any discrimination in the treatment of any
European electronic communications European electronic communications
provider by different Member States provider by different Member States and
and that consistent regulatory practices that consistent regulatory practices are
are applied in the single market, in applied in the single market, in
particular as regards measures falling particular as regards measures falling
within the scope of Articles 15 or 16 of within the scope of Articles 15 or 16 of
EN 18 EN Directive 2002/21/EC, or EN 18 EN Directive 2002/21/EC, or
Articles
5
or
8
of
Directive Articles 5 or 8 of Directive 2002/19/EC.
2002/19/EC.
European
electronic European electronic communications
communications
providers
should providers should therefore have a right
therefore have a right to equal to equal treatment by the different
treatment by the different Member Member States in objectively equivalent
States
in
objectively
equivalent situations in order to enable more
18
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EN
situations in order to enable more integrated multi-territorial operations.
integrated multi-territorial operations. Furthermore, there should be specificē
Furthermore, there should be specificē procedures at Union level for the review
procedures at Union level for the of draft decisions on remedies within the
review of draft decisions on remedies meaning of Article 7a of Directive
within the meaning of Article 7a of 2002/21/EC in such cases, in order to
Directive 2002/21/EC in such cases, in avoid
unjustified
divergences
in
order to avoid unjustified divergences obligations applicable to European
in obligations applicable to European electronic communications providers in
electronic communications providers in different Member States.
The principle
different Member States.
of equal treatment is a general
principle of European Union law
enshrined in Articles 20 and 21 of the
Charter of Fundamental Rights of the European Union. According to settled
case-law, that principle requires that
comparable situations must not be
treated differently and that different
situations must not be treated in the
same way unless such treatment is
objectively justified. It is necessary to
ensure that in similar circumstances
there is no discrimination in the
treatment
of
any
electronic
communications provider by different
Member States and that consistent
regulatory practices are applied in the
single market, in particular as regards
measures falling within the scope of
Articles
15
or
16
of
Directive
2002/21/EC, or Articles 5 or 8 of
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Directive 2002/19/EC.
(16) An allocation of regulatory and
deleted
deleted
supervisory competences should be
established between the home and any
host Member State of European
electronic communications providers
with a view to reducing the barriers to
entry while ensuring that the applicable
conditions
for
the
provision
of
electronic communications services
and networks by these providers are
properly enforced. Therefore, while
each national regulatory authority
should supervise compliance with the
conditions applicable in its territory in
accordance with Union legislation,
including by means of sanctions and
interim measures, only the national
regulatory authority in the home
Member State should be entitled to
suspend or withdraw the rights of a
European electronic communications
provider
to
provide
electronic
communications networks and services
in the whole Union or part thereof.
(17) Radio spectrum is a public good (17) Radio spectrum is a public good
deleted
and an essential resource for the and an essential
finite resource
vital for
internal market for mobile, wireless
the achievement of a wide range of
broadband
and
satellite
social, cultural and economic values for
communications
in
the
Union. the internal market for mobile, wireless
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Development of wireless broadband broadband
, broadcasting and satellite
communications contributes to the communications in the Union.
Radio
implementation of the Digital Agenda
spectrum policy in the Union should
for Europe and in particular to the aim
contribute to the freedom of expression,
of securing access to broadband at a
including the freedom of opinion and
speed of no less than 30 Mbps by 2020
the freedom to disseminate information
for all Union citizens and of providing
and ideas, irrespective of borders, as
the Union with the highest possible
well as freedom and plurality of the
broadband
speed
and
capacity.
media.
Development
of
wireless
However, the Union has fallen behind broadband communications contributes
other major global regions - North to the implementation of the Digital
America, Africa and parts of Asia - in Agenda for Europe and in particular to
terms of the roll-out and penetration of the aim of securing access to broadband
the latest generation of wireless at a speed of no less than 30 Mbps by
broadband
technologies
that
are 2020 for all Union citizens and of
necessary to achieve those policy providing the Union with the highest
goals. The piecemeal process of possible broadband speed and capacity.
authorising and making available the However,
while some regions of the
800 MHz band for wireless broadband Union has fallen behind other major
communications, with over half of the global regions - North America, Africa
Member States seeking a derogation or and parts of Asia - in terms of the roll-
otherwise failing to do so by the out and penetration of the latest
deadline laid down in the Radio generation of
are far advanced, both
Spectrum Policy Programme (RSPP)
with respect to the policy goals of the
Decision 243/2012 of the European
Digital Agenda for Europe and
Parliament and the Council testifies to
globally, others have been lagging
the urgency of action even within the
behind. In particular this is partly due
term of the current RSPP. Union
to the fragmentation of the Union
measures to harmonise the conditions
process for making available spectrum
of availability and efficient use of radio
particularly suitable for high speed
spectrum
for
wireless
broadband wireless broadband technologies that are
21
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EN
communications pursuant to Decision necessary to achieve
access, which
676/2002/EC
of
the
European
jeopardises the achievement of those
Parliament and the Council have not policy goals
for the Union as a whole.
been sufficient to address this problem.
The piecemeal process of authorising
and making available the 800 MHz band
for wireless broadband communications,
with over half of the Member States
seeking
having
been
granted
a
derogation
by the Commission or
otherwise failing to do so by the
deadline laid down in the Radio
Spectrum Policy Programme (RSPP)
Decision 243/2012 of the European
Parliament and the Council, testifies to
the urgency of action even within the
term of the current
Radio Spectrum
Policy Programme.
It also indicates a
need
for
improvement
in
the
Commission's exercise of its powers, of
crucial importance for the loyal
implementation of Union measures and
sincere cooperation between Member
States.
Stringent
efforts
by
the
Commission to enforce already adopted Union measures to harmonise the
conditions of availability and efficient
use of radio spectrum for wireless
broadband communications pursuant to
Decision 676/2002/EC of the European
Parliament and of the Council have not
been sufficient to address
should, by
22
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EN
themselves, contribute substantially to
addressing this problem.
(17a) Trading and leasing of spectrum
harmonised for wireless broadband
communications increases flexibility
and leads to more efficient allocation of
spectrum resources. It should therefore
be further facilitated and stimulated,
including by ensuring that all rights of
use, including those already granted,
are of a sufficiently long duration.
(18) The application of various national (18) The application of various national
deleted
policies creates inconsistencies and policies creates inconsistencies and
fragmentation of the internal market fragmentation of the internal market
which hamper the roll-out of Union-
which hamper the roll-out of Union-
wide services and the completion of the wide services and the completion of the
internal market for wireless broadband internal market for wireless broadband
communications. It could in particular communications. It could in particular
create unequal conditions for access to create unequal conditions for access to
such services, hamper competition such services, hamper competition
between undertakings established in between undertakings established in
different Member States and stifle different Member States and stifle
investments
in
more
advanced investments in more advanced networks
networks and technologies and the and technologies and the emergence of
emergence of innovative services, innovative services, thereby depriving
thereby
depriving
citizens
and citizens and businesses of ubiquitous
businesses of ubiquitous integrated integrated high-quality services and
high-quality services and wireless wireless
broadband
operators
of
broadband operators of increased increased efficiency gains from large-
efficiency gains from largescale more scale
more
integrated
operations.
23
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EN
integrated operations. Therefore, action Therefore,
action
at
Union
level
at Union level regarding certain aspects regarding certain aspects of radio
of radio spectrum assignment should spectrum assignment should accompany
accompany the development of wide the development of wide integrated
integrated
coverage
of
advanced coverage
of
advanced
wireless
wireless broadband communications broadband
communications
services
services throughout the Union. At the throughout the Union. At the same time,
same time, Member States should
sufficient flexibility is needed to
retain the right to adopt measures to
accommodate
specific
national
organise their radio spectrum for public
requirements and Member States should
order, public security purposes and retain the right to adopt measures to
defence.
organise their radio spectrum for
purposes of public order, public security
purposes and defence
and defence,
safeguarding and promoting general
interest objectives such as linguistic
and cultural diversity and media
pluralism.
(19)
Electronic
communications (19) Electronic communications services
deleted
services providers, including mobile providers, including mobile operators or
operators
or
consortia
of
such consortia of such operators should be
operators,
should
be
able
to able
to
collectively
organise
the
collectively organise the efficient and efficient
,
technologically
modern,
affordable coverage of a vast part of
advanced and affordable coverage of a
the Union's territory to the long-term vast part of the Union's territory to the
benefit of end users, and therefore use long-term benefit of end users, and
radio spectrum across several Member therefore use radio spectrum across
States
with
similar
conditions, several Member States with similar
procedures, costs, timing, duration in conditions, procedures, costs, timing,
harmonised
bands,
and
with duration in harmonised bands, and with
complementary
radio
spectrum complementary
radio
spectrum
24
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EN
packages, such as a combination of packages, such as a combination of
lower and higher frequencies for lower and higher frequencies for
coverage of densely and less densely coverage of densely and less densely
populated areas. Initiatives in favour of populated areas. Initiatives in favour of
greater coordination and consistency greater coordination and consistency
would also enhance the predictability would also enhance the predictability of
of
the
network
investment the network investment environment.
environment. Such predictability would Such predictability would also be greatly
also be greatly favoured by a clear favoured by a clear policy in favour of
policy in favour of long-term duration long-term duration of rights of use
of rights of use related to radio related to radio spectrum, without
spectrum, without prejudice to the prejudice to the indefinite character of
indefinite character of such rights in such rights in some Member States, and
some Member States, and linked in its linked in its turn to clear
improved turn to clear conditions for the transfer, conditions for the transfer, lease or
lease or sharing of part of all of the sharing of part of all of the radio
radio spectrum subject to such an spectrum subject to such an individual
individual right of use.
right of use.
(20) Coordination and consistency of (20) Coordination and consistency of
deleted
rights of use for radio spectrum should rights of use for radio spectrum should
be improved, at least for the bands be improved, at least for the bands
which have been harmonised for which have been harmonised for
wireless fixed, nomadic and mobile wireless fixed, nomadic and mobile
broadband
communications.
This broadband
communications.
This
includes the bands identified at ITU includes the bands identified at ITU
level
for
International
Mobile level
for
International
Mobile
Telecommunications (IMT) Advanced Telecommunications (IMT) Advanced
systems, as well as bands used for systems, as well as bands used for radio
radio local area networks (RLAN) such local area networks (RLAN) such as 2.4
as 2.4 GHz and 5 GHz. It should also GHz and 5 GHz. It should also extend to
extend
to
bands
that
may
be bands that may be harmonised in the
25
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EN
harmonised in the future for wireless future
for
wireless
broadband
broadband
communications,
as communications, as envisaged in Article
envisaged in Article 3(b) of the RSPP 3(b) of the RSPP and in the RSPG
and in the RSPG Opinion on "Strategic Opinion on ‘ Strategic challenges facing
challenges facing Europe in addressing Europe in addressing the growing radio
the growing radio spectrum demand for spectrum
demand
for
wireless
wireless broadband" adopted on 13 broadband’ adopted on 13 June 2013,
June 2013, such as, in the near future, such as, in the near future, the 700 MHz,
the 700 MHz, 1.5 GHz and 3.8-4.2 1.5 GHz and 3.8-4.2 GHz bands.
GHz bands.
Considering the significant societal,
cultural, social and economic impact of
decisions regarding spectrum, such
decisions should take due account of
the considerations mentioned in Article
8a of Directive 2002/21/EC and, where
relevant , of the general-interest
objectives mentioned in Article 9(4) of
that Directive.
(21) Consistency between the different
[no change]
deleted
national radio spectrum assignment
procedures would be favoured by more
explicit provisions on the criteria
relevant to the timing of authorisation
procedures; the duration for which the
rights of use are granted, fees and their
payment modalities; capacity and
coverage obligations; definition of the
range of radio spectrum and spectrum
blocks subject to a granting procedure;
objective threshold requirements for
the promotion of effective competition;
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EN
conditions for the tradability of rights
of use, including sharing conditions.
(22) Limitation of the burden of fees to
[no change]
deleted
what is required by optimal radio
spectrum management, with a balance
between immediate payments and
periodic
fees,
would
encourage
investment
in
infrastructure
and
technology roll-out, and pass-on of the
attendant cost advantages to end users.
(23) More synchronised radio spectrum
[no change]
deleted
assignments and consequential wireless
broadband roll-out across the Union
should support the achievement of
scale effects in related industries such
as for network equipment and terminal
devices. Such industries could in turn
take into account Union initiatives and
policies regarding radio spectrum use,
to a greater extent than has recently
been the case. A harmonisation
procedure for the EN 20 EN timetables
for assignment and minimum or
common duration of rights of use in
such bands should therefore be
established.
(24) As regards the other main (24) As regards the other main
deleted
substantive conditions which may be substantive conditions which may be
attached to rights of use of radio attached to rights of use of radio
spectrum for wireless broadband, the spectrum for wireless broadband, The
convergent application by individual convergent application by individual
27
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EN
Member States of the regulatory Member States of the regulatory
principles and criteria set down in this principles and criteria set down in this
Regulation would be favoured by a Regulation
the
Union
regulatory
coordination mechanism whereby the
framework would be favoured by a
Commission
and
the
competent coordination mechanism whereby the
authorities of the other Member States Commission
and
the
competent
have an opportunity to comment in authorities of the other Member States
advance of the granting of rights of use have an opportunity to comment in
by a given Member State and whereby advance of the granting of rights of use
the Commission has an opportunity, by a given Member State and whereby
taking into account the views of the the Commission has an opportunity,
Member
States,
to
forestall taking into account the views of the
implementation of any proposal which Member
States,
to
forestall
appears to be non-compliant with implementation of any proposal which
Union law.
appears to be non-compliant with Union
law.
(25) Considering the massive growth in (25) Considering the massive growth in
deleted
radio spectrum demand for wireless radio spectrum demand for wireless
broadband, solutions for alternative broadband, solutions for alternative
spectrally efficient access to wireless spectrally efficient access to wireless
broadband should be promoted. This broadband
should
be
promoted.
includes the use of low-power wireless
encouraged and not prevented. This
access systems with a smallarea
currently includes
but is not restricted
operating range such as so called
to the use of low-power wireless access
'hotspots' of radio local area networks systems with a small-area operating
(RLAN, also known as 'Wi-Fi'), as well range such as so called ' hotspots' of
as networks of low-power small size radio local area networks (RLAN, also
cellular Access points (also called known as 'Wi-Fi'), as well as networks
femto-, pico- or metrocells).
of low-power small size cellular access
points (also called femto-, pico- or
metrocells).
Dynamic spectrum access,
28
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EN
including on a licence-exempt basis
and other innovative technologies and
uses of spectrum should be encouraged
and made possible.
(26) Complementary wireless access
[no change]
deleted
systems such as RLAN, in particular
publicly accessible RLAN access
points, increasingly allow access to the
internet for end users and allow mobile
traffic off-loading by mobile operators,
using harmonised radio spectrum
resources
without
requiring
an
individual authorisation or right of use
of the radio spectrum.
(27) Most RLAN access points are so
[no change]
deleted
far used by private users as a local
wireless extension of their fixed
broadband connection. If end users,
within the limits of their own internet
subscription, choose to share access to
their
RLAN
with
others,
the
availability of a large number of such
access points, particularly in densely
populated areas, should maximise
wireless data capacity through radio
spectrum re-use and create a cost-
effective
complementary
wireless
broadband infrastructure accessible to
other end users. Therefore, unnecessary
restrictions for end users to share
access to their own RLAN access
29
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EN
points with other end users or to
connect to such Access points, should
be removed or prevented.
(28)
In
addition,
unnecessary
[no change]
deleted
restrictions to the deployment and
interlinkage of RLAN access points
should also be removed. Public
authorities or providers of publicē
services increasingly use RLAN access
points in their premises for their own
purposes, for example for use by their
personnel, to better facilitate cost-
effective onsite access by citizens to e-
Government services, or to support
provision of smart public services with
real-time information, such as for
public transport or traffic management.
Such bodies could also provide access
to such access points for citizens in
general as an ancillary service to
services offered to the public on such
premises, and should be enabled to do
so in conformity with competition and
publicē procurement rules. The making
available of local access to electronic
communications networks within or
around a private property or a limited
public area as an ancillary service to
another activity that is not dependant
on such an access, such as RLAN
hotspots made available to customers
30
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EN
of other commercial activities or to the
general public in that area, should not
qualify such a provider as an electronic
communications provider.
(29) Low power small-area wireless
[no change]
deleted
access points are very small and
unobtrusive equipment similar to
domestic Wi-Fi routers, for which
technical characteristics EN 21 EN
should be specified at Union level for
their deployment and use in different
local contexts subject to general
authorisation,
without
undue
restrictions from individual planning or
other permits. The proportionality of
measures specifying the technical
characteristics for such use to benefit
from general authorisation should be
ensured through characteristics which
are significantly more restrictive than
the applicable maximum thresholds in
Union measures regarding parameters
such as power output.
(30) Member States should ensure that
deleted
deleted
the management of radio spectrum at
national level does not prevent other
Member States from using the radio
spectrum to which they are entitled, or
from complying with their obligations
as regards bands for which the use is
harmonised at Union level. Building on
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EN
the existing activities of the RSPG, a
coordination mechanism is necessary
to ensure that each Member State has
equitable access to radio spectrum and
that the outcomes of coordination are
consistent and enforceable.
(31) Experience in the implementation
deleted
deleted
of the Union's regulatory framework
indicates
that
existing
provisions
requiring the consistent application of
regulatory measures together with the
goal of contributing to the development
of the internal market have not created
sufficient incentives to design access
products on the basis of harmonised
standards and processes, in particular
in relation to fixed networks. When
operating in different Member States,
operators have difficulties in finding
access inputs with the right quality and
network and service interoperability
levels, and when they are available,
such inputs exhibit different technical
features. This increases costs and
constitutes an obstacle to the provision
of services across national borders.
(32) The integration of the single
deleted
deleted
market for electronic communications
would
be
accelerated
through
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EN
establishment of a framework to define
certain key European virtual products,
which are particularly important for
providers of electronic communication
services
to
provide
cross-border
services and to adopt a pan-Union
strategy in an increasingly all-IP
environment, based on key parameters
and minimum characteristics.
(33) The operational needs served by
deleted
deleted
various virtual products should be
addressed. European virtual broadband
access products should be available in
cases
where
an
operator
with
significant market power has been
required under the terms of the
Framework Directive and the Access
Directive
to
provide
access
on
regulated terms at a specific access
point in its network. First, efficient
cross-border entry should be facilitated
by harmonised products that enable
initial
provision
by
cross-border
providers of services to their end
customers without delay and with a
predictable and sufficient quality,
including
services
to
business
customers with multiple sites in
different Member States, where this
would be necessary and proportionate
33
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EN
pursuant to market analysis. These
harmonised
products
should
be
available for a sufficient period in
order to allow access seekers and
providers to plan medium and long
term investments.
(34) Secondly, sophisticated virtual
deleted
deleted
access products that require a higher
level of investment by access seekers
and allow them a greater level of
control and differentiation, particularly
by providing access at a more local
level, are key to creating the conditions
for sustainable competition across the
internal market. Hence, these key
wholesale access products to next-
generation access (NGA) networks
should also be harmonised to facilitate
cross-border investment. Such virtual
broadband access products should be
designed
to
have
equivalent
functionalities to physical unbundling,
in order to broaden the range of
potential wholesale remedies available
for EN 22 EN consideration by
national regulatory authorities under
the proportionality assessment pursuant
to Directive 2002/19/EC.
(35) Thirdly, it is also necessary to
deleted
deleted
34
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EN
harmonise a wholesale access product
for terminating segments of leased
lines with enhanced interfaces, in order
to enable cross-border provision of
mission-critical connectivity services
for the most demanding business users.
(35a) There is a need to harmonise the
conditions for high-quality wholesale
products used for the supply of
business
services
to
enable
the
provision of seamless services to cross-
border and multi-national corporations
across the European Union. Such
harmonisation could play a significant
role
in
terms
of
EU
business
competitiveness
with
regards
to
communications costs.
(36) In a context of progressive
deleted
deleted
migration to 'all IP networks', the lack
of availability of connectivity products
based on the IP protocol for different
classes of services with assured service
quality that enable communication
paths across network domains and
across network borders, both within
and between Member States, hinders
the development of applications that
rely on access to other networks, thus
limiting
technological
innovation.
Moreover, this situation prevents the
35
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EN
diffusion
on
a
wider
scale
of
efficiencies which are associated with
the management and provision of
IPbased networks and connectivity
products with an assured service
quality level, in particular enhanced
security, reliability and flexibility, cost-
effectiveness and faster provisioning,
which
benefit
network
operators,
service providers and end users. A
harmonised approach to the design and
availability of these products is
therefore necessary, on reasonable
terms including, where requested, the
possibility of crosssupply by the
electronic
communications
undertakings concerned.
(37) The establishment of European
deleted
deleted
virtual broadband access products
under this Regulation should be
reflected in the assessment by national
regulatory authorities of the most
appropriate access remedies to the
networks of operators designated as
having significant market power, while
avoiding over-regulation through the
unnecessary
multiplication
of
wholesale access products, whether
imposed pursuant to market analysis or
provided under other conditions. In
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EN
particular, the introduction of the
European
virtual
access
products
should not, in and of itself, lead to an
increase in the number of regulated
access products imposed on a given
operator. Moreover, the need for
national
regulatory
authorities,
following
the
adoption
of
this
Regulation, to assess whether a
European virtual broadband access
product should be imposed instead of
existing wholesale access remedies,
and to assess the appropriateness of
imposing a European virtual broadband
access product in the context of future
market reviews where they find
significant market power, should not
affect their responsibility to identify the
most appropriate and proportionate
remedy to address the identified
competition problem in accordance
with
Article
16
of
Directive
2002/21/EC.
(38) In the interests of regulatory
deleted
deleted
predictability, key elements of evolving
decisional practice under the current
legal framework which affect the
conditions under which wholesale
access products, including European
virtual broadband access products, are
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EN
made available for NGA networks,
should also be reflected in the
legislation.
These
should
include
provisions reflecting the importance,
for the analysis of wholesale access
markets and in particular of whether
there is a need for price controls on
such access to NGA networks, of the
relationship
between
competitive
constraints from alternative fixed and
wireless
infrastructures,
effective
guarantees
of
nondiscriminatory
access, and the existing level of
competition in terms of price, choice
and quality at retail level. The latter
consideration ultimately determines the
benefits to end users. For example, in
the conduct of their case-by-case
assessment pursuant to Article 16 of
Directive 2002/21/EC and without
prejudice
to
the
assessment
of
significant market power and the
application of EU competition rules,
national regulatory authorities may
consider that in the presence of two
fixed NGA networks, EN 23 EN
market conditions are competitive
enough to be able to drive network
upgrades and to evolve towards the
provision of ultra-fast services, which
is one important parameter of retail
38
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EN
competition.
(39) It is to be expected that intensified
[no change]
deleted
competition in a single market will lead
to a reduction over time in sector-
specific regulation based on market
analysis. Indeed, one of the results of
completing the Single Market should
be a greater tendency towards effective
competition on relevant markets, with
ex post application of competition law
increasingly being seen as sufficient to
ensure market functioning. In order to
ensure legal clarity and predictability
of
regulatory
approaches
across
borders, clear and binding criteria
should be provided on how to assess
whether a given market still justifies
the imposition of ex-ante regulatory
obligations, by reference to the
durability of bottlenecks and the
prospects of competition, in particular
infrastructure-based competition, and
the conditions of competition at retail
level on parameters such as price,
choice
and
quality,
which
are
ultimately what is relevant to end users
and to the global competitiveness of
the EU economy. This should underpin
successive reviews of the list of
markets
susceptible
to
ex
ante
39
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EN
regulation and help national regulators
to focus their efforts where competition
is not yet effective and to do so in a
convergent manner. The establishment
of a true single market for electronic
communications may in addition affect
the geographical scope of markets, for
the purposes of both sectorspecific
regulation
based
on
competition
principles and the application of
competition law itself.
(40)
Disparities
in
the
national
deleted
deleted
implementation of sector-specific end-
user protection rules create significant
barriers to the single digital market, in
particular in the form of increased
compliance costs for providers of
electronic communications to the
publicē wishing to offer services across
Member
States.
Moreover,
fragmentation and uncertainty as to the
level of protection granted in different
Member States undermines end-users'
trust
and
dissuades
them
from
purchasing electronic communications
services abroad. In order to achieve the
Union's objective to remove barriers to
the internal market it is necessary to
replace existing, divergent national
legal measures with a single and fully
harmonised set of sector-specific rules
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which create a high common level of
end-user
protection.
Such
full
harmonisation of the legal provisions
should not prevent providers of
electronic communications to the
public
from
offering
end-users
contractual arrangements which go
beyond that level of protection.
(41) As this Regulation harmonises (41) As This Regulation harmonises
deleted
only certain sector-specific rules, it only certain sector-specific rules, it
should be without prejudice to the should be without prejudice to the
general consumer protection rules, as general consumer protection rules, as
established by Union acts and national established by Union acts
law and
legislation implementing them.
national legislation implementing them.
(42) Where the provisions in Chapters
deleted
deleted
4 and 5 of this Regulation refer to end-
users, such provisions should apply not
only to consumers but also to other
categories of endusers, primarily micro
enterprises. At their individual request,
end-users other than consumers should
be able to agree, by individual contract,
to deviate from certain provisions.
(43) The completion of the single
[no change]
deleted
market for electronic communications
also requires the removal of barriers for
end-users to have access to electronic
communications services across the
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Union.
Public
authorities
should
therefore
not
raise
or
maintain
obstacles to the cross-border purchase
of
such
services.
Providers
of
electronic communications to the
public should not deny or restrict
access or discriminate against end-
users on the basis of their nationality or
Member
State
of
residence.
Differentiation should, however, be
possible on the basis of objectively
justifiable differences in costs, risks
and market conditions such as demand
variations and pricing by competitors.
(44) Very significant price differences
deleted
deleted
continue to prevail, both for fixed and
mobile
communications,
between
domestic
voice
and
SMS
communications and those terminating
in another Member State. While there
are substantial variations between
countries,
operators
and
tariff
packages, and between mobile and
fixed services, this continues to affect
more vulnerable customer groups and
to
pose
barriers
to
seamless
communication within the Union. This
occurs in spite of a very significant
reduction, and convergence in absolute
terms, of termination rates in the
different Member States, and low
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EN
prices on transit markets. Moreover,
the transition to an "all-IP" electronic
communications environment should in
due course bring additional cost
reductions. Any significant retail tariff
differences between domestic fixed
longdistance communications which
are communications other than those
within one local area identified by a
geographic area code in the national
numbering
plan,
and
fixed
communications terminating in another
Member State, should therefore be
justified by reference to objective
criteria. Retail tariffs for international
mobile communications should not
exceed the euro-voice and euro-SMS
tariffs for regulated roaming calls and
SMS messages, respectively, provided
for in Regulation (EU) No 531/2012
unless
justified
by
reference
to
objective criteria. Such criteria may
include
additional
costs
and
a
reasonable
related
margin.
Other
objective
factors
may
include
differences in related price elasticity
and the easy availability to all end
users of alternative tariffs from
providers of electronic communications
to the public which offer cross-border
communications within the Union at
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EN
little or no extra charge, or of
information society services with
comparable functionalities, provided
that end users are actively informed of
such alternatives by their providers.
(45) The internet has developed over (45) The internet has developed over the (45)
(3) The internet has developed over the past
the past decades as an open platform past decades as an open platform for decades as an open platform for innovation with low
for innovation with low access barriers innovation with low access barriers for access barriers for end-users, content and application
for end-users, content and application end-users,
content
and
application providers and internet service providers. The existing
providers
and
internet
service providers and internet service providers. regulatory framework aims at promoting the ability of
providers. The existing regulatory The
principle of ‘net neutrality’ in the end-users to access and distribute information or run
framework aims at promoting the
open internet means that traffic should applications and services of their choice. Recently,
ability of end-users to access and
be
treated
equally,
without However , the report of the Body of European
distribute
information
or
run
discrimination,
restriction
or Regulators for Electronic Communications (BEREC)
applications and services of their
interference, independent of the sender, on traffic management practices published in May 2012
choice. Recently, however, the report
receiver, type, content, device, service and a study, commissioned by the Executive Agency
of the Body of European Regulators for
or application. As stated by the for Consumers and Health and published in December
Electronic Communications (BEREC)
European Parliament resolution of 17 2012, on the functioning of the market of internet
on
traffic
management
practices
November 2011 on the open internet access and provision from a consumer perspective,
published in May 2012 and a study,
20
and net neutrality in Europe , the showed that a significant number of end-users are
commissioned
by
the
Executive
internet's open character has been a affected by traffic management practices which block
Agency for Consumers and Health and
key driver of competitiveness, economic or slow down specific applications. These tendencies
published in December 2012, on the
growth, social development and require clear
common rules at the Union level to
functioning of the market of internet
innovation – which has led to maintain the open internet and to avoid fragmentation
access and provision from a consumer
spectacular levels of development in of the single market resulting from individual Member
perspective, showed that a significant
online applications, content and States’ measures.
number of end-users are affected by
services – and thus of growth in the
traffic management practices which
offer of, and demand for, content and
20
P7_TA(2011)0511 (OJ C 153 E, 31.5.2013, p. 128).
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block
or
slow
down
specific
services, and has made it a vitally
applications. These tendencies require
important accelerator in the free
clear rules at the Union level to
circulation of knowledge, ideas and
maintain the open internet and to avoid
information, including in countries
fragmentation of the single market
where access to independent media is
resulting from individual Member
limited.
The
existing
regulatory
States' measures.
framework aims at promoting the ability
of users to access and distribute
information or run applications and
services of their choice. Recently,
however, the report of the Body of
European Regulators for Electronic
Communications (BEREC) on traffic
management practices published in May
2012 and a study, commissioned by the
Executive Agency for Consumers and
Health and published in December 2012,
on the functioning of the market of
internet access and provision from a
consumer perspective, showed that a
significant number of users are affected
by traffic management practices which
block
or
slow
down
specific
applications. These tendencies require
clear rules at the Union level to maintain
the
open
internet
and
to
avoid
fragmentation of the single market
resulting
from
individual
Member
States' measures.
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EN
(4) End-users should be free to choose between various types of terminal equipment (defined in
Directive 2008/63/EC on competition in the markets in
telecommunications terminal equipment) to access the
internet. Providers of internet access service should
not impose restrictions on the use of terminal
equipment connecting to the network, in addition to
those imposed by terminal equipment’s manufacturers
or distributors in compliance with Union law.
(5) Internet access service is any service that provides
connectivity to the internet, irrespective of the network
technology and terminal equipment used by end-user.
However, for reasons outside the control of internet
access service providers, some end points of the
internet may not always be accessible, for instance due
to measures taken by public authorities. Therefore, a
provider is deemed to comply with its obligation
related to the offering an internet access service
within the meaning of this Regulation when that
service provides connectivity to substantially all end
points of the internet.
(6) In order to exercise their right set out in Article
3(1), end-users should be free to agree with providers
of internet access services on tariffs with specific data
volumes and speeds or on other technical or
commercial characteristics of the internet access
service. Such agreements, as well as commercial
practices conducted by providers of internet access
service, should not limit the exercise of the right set
out in Article 3(1) and thus circumvent provisions of
this Regulation on safeguarding internet access.
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Commercial practices should not, given their scale,
lead to situations where end-users’ choice is
significantly reduced in practice. Since the right to
open internet is based on end-user’s choice to access
preferred content and information, such practices
would therefore result in undermining the essence of
this right.
(46) The freedom of end-users to (46) The freedom of end-users to access
deleted
access and distribute information and and distribute information and lawful
lawful content, run applications and content, run applications and use
use services of their choice is subject to services of their choice is subject to the
the respect of Union and compatible respect of Union and compatible
national law. This Regulation defines national law. This Regulation defines the
the limits for any restrictions to this limits for any restrictions to this freedom
freedom by providers of electronic by
providers
of
electronic
communications to the public but is communications to the public but is
without prejudice to other Union without prejudice to other Union
legislation, including copyright rules legislation, including copyright rules and
and Directive 2000/31/EC.
Directive 2000/31/EC.
(47) In an open internet, providers of (47) In an open internet, providers of
deleted
electronic communications to the electronic communications to the public
public should, within contractually
internet access services should, within
agreed limits on data volumes and contractually agreed limits on data
speeds for internet Access services, not volumes and speeds for internet access
block,
slow
down,
degrade
or services, not block, slow down, degrade
discriminate against specific content, or discriminate against specific content,
applications or services or specific applications or services or specific
classes thereof except for a limited classes thereof except for a limited
number
of
reasonable
traffic number
of
reasonable
traffic
management measures. Such measures management measures. Such measures
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should be transparent, proportionate should
be
technically
necessary,
and non-discriminatory. Reasonable transparent, proportionate and non-
traffic
management
encompasses discriminatory.
Reasonable
traffic
prevention or impediment of serious management encompasses prevention or
crimes, including voluntary actions of impediment of serious crimes, including
providers to prevent access to and voluntary actions of providers to prevent
distribution of child pornography. access to and distribution of child
Minimising the effects of network pornography. Minimising the effects of
congestion
should
be
considered network
congestion
should
be
reasonable provided that network considered reasonable provided that
congestion occurs only temporarily or network
congestion
occurs
only
in exceptional circumstances.
temporarily
or
in
exceptional
circumstances
Addressing
network
congestion should be allowed provided
that network congestion occurs only
temporarily
or
in
exceptional
circumstances. National Regulatory
Authorities should be able to require
that a provider demonstrates that equal
treatment of traffic will be substantially
less efficient.
(47a) This Regulation is without
prejudice to Directive 2002/58/EC.
(48) Volume-based tariffs should be (48) Volume-based tariffs should be
deleted
considered
compatible
with
the considered compatible with the principle
principle of an open internet as long as of an open internet as long as they allow
they allow end-users to choose the end-users
to
choose
the
tariff
tariff corresponding to their normal corresponding to their normal data
data consumption based on transparent consumption based on
clear, transparent
information about the conditions and
and explicit information about the
implications of such choice. At the conditions and implications of such
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same time, such tariffs should enable choice. At the same time, such tariffs
providers of electronic communications should enable providers of electronic
to the public to better adapt network communications to the public
internet
capacities to expected data volumes. It
access services to better adapt network
is essential that end-users are fully capacities to expected data volumes. It is
informed before agreeing to any data essential that end-users are fully
volume or speed limitations and the informed before agreeing to any data
tariffs applicable, that they can volume or speed limitations and the
continuously
monitor
their tariffs
applicable,
that
they
can
consumption
and
easily
acquire continuously monitor their consumption
extensions of the available data and easily acquire extensions of the
volumes if desired.
available data volumes if desired.
(49) There is also end-user demand for (49) There is also end-
It should be (49)
(7) There is also end-user demand for services and
services and applications requiring an
possible to meet user demand for applications requiring an enhanced level of assured
enhanced level of assured service services and applications requiring an service quality offered by providers of electronic
quality
offered
by
providers
of enhanced level of assured service quality communications to the public or by content,
electronic communications to the offered by providers of electronic applications or service providers
on the part of content,
public or by content, applications or communications to the public or by
applications and services providers, as well as on the
service providers. Such services may content,
applications
or
service
part of end-users, for the provision of electronic
comprise inter alia broadcasting via providers. Such services may comprise
communication services other than internet access
Internet Protocol (IP-TV), video-
inter alia broadcasting via Internet
services, based on specific quality of service levels.
conferencing
and
certain
health Protocol (IP-TV), video-conferencing Such services may comprise inter alia broadcasting via
applications.
End-users
should and certain health applications. End-
Internet Protocol (IP-TV), video-conferencing and
therefore also be free to conclude Users should therefore also be free to certain health applications.
Agreements in this respect
agreements on the provision of conclude agreements on the provision of
could also play an important role in the provision of
specialised services with an enhanced specialised services with an enhanced
services with a public interest as well as in the
quality of service with either providers quality of service with either providers
development of new services such as machine-to-
of electronic communications to the of
internet access services, providers of machine communications. At the same time, such
public
or
providers
of
content, electronic communications to the public
agreements should allow providers of electronic
applications or services.
or providers of content, applications or
communications to the public to better balance traffic
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services.
Where such agreements are and prevent network congestion. End-users, including
concluded with the provider of internet providers of content, applications and services End-
access, that provider should ensure that users should therefore also be
remain free to conclude
the enhanced quality service does not agreements
with
providers
of
electronic
cause material detriment to the general communications to the public, on the provision of
quality of internet access. Furthermore, specialised
which require specific levels of quality of
traffic management measures should service with an enhanced quality of service with either
not be applied in such a way as to providers of electronic communications to the public or
discriminate
between
competing providers of content, applications or services.
Such
services.
services should not be offered as a replacement for
internet access services, and their provision should not
impair in a material manner the availability and
quality of internet access services for other end-users.
National regulatory authorities should ensure that
providers of electronic communications to the public
comply with this requirement, as set out in Article 4.
In this respect, national regulatory authorities should
assess whether the negative impact on the availability
and quality of internet access services is material by
analysing, inter alia, quality parameters such as
timing and reliability parameters (latency, jitter,
packet loss), levels and effects of congestion in the
network, actual versus advertised speeds, performance
of internet access services compared with services
other than internet access services, and quality as
perceived by end-users.
(8) End-users should have rights to access their preferred content and information, to use and provide
preferred services and applications, as well as
terminal equipment. Reasonable traffic management
contributes to an efficient use of network resources
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and thus also protects the freedom of internet access
service providers to conduct a business. Innovation by
content service and application providers should be
fostered. In order to be considered reasonable, traffic
management measures applied by providers of
internet access services should be transparent,
proportionate, non-discriminatory and should not
constitute
anti-competitive
behaviour.
The
requirement for traffic management measures to be
non-discriminatory does not preclude providers of
internet
access
services
to
implement
traffic
management measures which take into account
objectively different quality of service requirements of
certain traffic (for example, latency or high
bandwidth). Blocking, slowing down, altering,
degrading or discriminating against specific content,
applications or services should be prohibited, subject
to justified and defined exceptions laid down in this
Regulation. Content, services and applications should
be protected because of the negative impact of
blocking or other restrictive measures on end-user
choice and innovation. Rules against altering content,
services or applications refer to a modification of the
content of the communication, but do not ban non-
discriminatory data compression techniques which
reduce the size of a data file without any modification
of the content. Such compression enables a more
efficient use of scarce resources and serves the end-
users’ interest in reducing data volumes, increasing
speed and enhancing the experience of using the
content, services or applications in question.
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(9) Providers of internet access service may be subject to legal obligations requiring, for example, blocking of
specific content, applications. Those legal obligations
should be laid down in Union or national legislation
(for example, Union or national legislation related to
the lawfulness of information, content, applications or
services, or legislation related to public safety), in
compliance with Union law, or they should be
established in measures implementing or applying
such legislation, such as national measures of general
application, courts orders, decisions of public
authorities vested with relevant powers, or other
measures ensuring compliance with such legislation
(for example, obligations to comply with court orders
or orders by public authorities requiring to block
unlawful content). The requirement to comply with
Union law relates, among others, to the compliance
with the requirements of the Charter of Fundamental
rights of the European Union in relation to limitations
of fundamental rights and freedoms. Reasonable
traffic management should also allow actions to
protect the integrity of the network, for instance in
preventing cyber-attacks through the spread of
malicious software or end-users’ identity theft through
spyware. In the operation of their networks, providers
of internet access services should be allowed to
implement reasonable traffic management measures
to avoid congestion of the network. Exceptionally,
more
restrictive traffic
management
measures
affecting certain categories of content, applications or
services may be necessary for the purpose of
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preventing network congestion, i.e. situations where
congestion is pending. Moreover, minimising the
effects of actual network congestion should be
considered
reasonable
provided
that
network
congestion occurs only temporarily or in exceptional
circumstances. This includes situations, especially in
mobile access networks, where despite operators’
efforts to ensure the most efficient use of the resources
available and thus prevent congestion, demand
occasionally exceeds the available capacity of the
network, for example in large sport events, public
demonstrations and other situations where a large
number of users is trying to make use of the network
at the same time.
(10) This Regulation does not seek to regulate the lawfulness of the information, content, application or
services, nor the procedures, requirements and
safeguards related thereto. These matters remain thus
subject to Union legislation or national legislation in
compliance with Union law, including measures
giving effect to such Union or national legislation (for
example, court orders, administrative decisions or
other measures implementing or, applying or ensuring
compliance with such legislation). If those measures
prohibit end-users to access unlawful content (such
as, for example, child pornography), end-users should
abide by those obligations by virtue of and in
accordance with that Union or national law.
(50) In addition, there is demand on the (50) In addition, there is demand on the
deleted
part of content, applications and part of content, applications and services
services providers, for the provision of providers,
for
the
provision
of
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transmission services based on flexible transmission services based on flexible
quality parameters, including lower quality parameters, including lower
levels of priority for traffic which is not levels of priority for traffic which is not
time-sensitive. The possibility for time-sensitive.
The
possibility
for
content,
applications
and
service content,
applications
and
service
providers to negotiate such flexible providers to negotiate such flexible
quality of service levels with providers quality of service levels with providers
of electronic communications to the of electronic communications to the
public is necessary for the provision of public is
may also be necessary for the
specialised services and is expected to provision of specialised services and is
play
an
important
role
in
the expected to play an important role in the
development of new services such as development of new
certain services
machine-to-machine
(M2M) such as machine-to-machine (M2M)
communications. At the same time communications. At the same time such
such
arrangements
should
allow arrangements should allow providers of
providers of electronic communications electronic communications to the public
to the public to better balance traffic to better balance traffic and prevent
and
prevent
network
congestion. network congestion. Providers of
Providers of content, applications and content, applications and services and
services and providers of electronic providers of electronic communications
communications to the public should to the public should therefore
continue
therefore
be
free
to
conclude
to be free to conclude specialised
specialised services agreements on services agreements on defined levels of
defined levels of quality of service as quality of service as long as such
long as such agreements do not agreements do not substantially impair
substantially impair the general quality the general quality of internet access
of internet access services.
services.
(51) National regulatory authorities (51) National regulatory authorities play (51)
(11) National regulatory authorities play an
play an essential role in ensuring that an essential role in ensuring that end-
essential role in ensuring that end-users are effectively
end-users are effectively able to users are effectively able to exercise this able to exercise the right to avail of open internet
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exercise this freedom to avail of open freedom to avail of open internet access. access. To this end, national regulatory authorities
internet access. To this end national To
this
end
national
regulatory should have monitoring and reporting obligations, and
regulatory authorities should have authorities should have monitoring and should ensure compliance of providers of electronic
monitoring and reporting obligations, reporting
obligations,
and
ensure communications to the public and the availability
with
and ensure compliance of providers of compliance of providers of
internet the obligation to ensure sufficient network capacity
electronic communications to the
access services, other providers of for the provision of non-discriminatory internet access
public and the availability of non-
electronic communications to the public services of high quality which are
should not be
discriminatory internet access services
and other service providers and the impaired by specialised
provision of services
with a
of high quality which are not impaired availability
of
non-discriminatory
specific level of quality. In their assessment of a
by specialised services. In their internet access services of high quality possible appreciable negative impact on internet access
assessment of a possible general which are not impaired by specialised services for other end-users, national regulatory
impairment of internet access services, services. In their assessment of a authorities should take account of quality parameters
national regulatory authorities should possible general impairment of internet such as timing and reliability parameters (latency, jitter,
take account of quality parameters such access services, national regulatory packet loss), levels and effects of congestion in the
as timing and reliability parameters authorities should take account of network, actual versus advertised speeds, performance
(latency, jitter, packet loss), levels and quality parameters such as timing and of internet access services compared with services with
effects of congestion in the network, reliability parameters (latency, jitter, a specific level of quality, and quality as perceived by
actual
versus
advertised
speeds, packet loss), levels and effects of end-users. National regulatory authorities should be
performance of internet access services congestion in the network, actual versus empowered
enforce compliance with Article 3, and
compared with specialised services, advertised
speeds,
performance
of
should have powers to impose minimum quality of
and quality as perceived by end-users. internet access services compared with service requirements on all or individual providers of
National regulatory authorities should specialised
enhanced quality services, electronic communications to the public if this is
be empowered to impose minimum and quality as perceived by end-users. necessary to prevent general impairment/ degradation of
quality of service requirements on all National regulatory authorities should the quality of service of internet access services
for
or individual providers of electronic
establish
complaint
procedures other end-users.
In doing so, national regulatory
communications to the public if this is
providing effective, simple and readily authorities should take utmost account of relevant
necessary
to
prevent
general
available redress mechanisms for end guidance from BEREC.
impairment/degradation of the quality
users and be empowered to impose
of service of internet access services.
minimum
quality
of
service
requirements on all or individual
providers of
internet access services,
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other
providers
of
electronic
communications to the public
and other
service providers if this is necessary to
prevent general impairment/degradation
of the quality of service of internet
access services.
(52) The measures to ensure better (52) The measures to ensure better
deleted
transparency and comparability of transparency
and
comparability
of
prices, tariffs, terms and conditions, prices, tariffs, terms and conditions, and
and quality of service parameters quality of service parameters including
including
those
specific
to
the those specific to the provision of internet
provision of internet access services, access services, should increase the
should increase the ability of end-users ability of end-users to optimise their
to optimise their selection of providers selection of providers and thus benefit
and
thus
benefit
fully
from fully from competition.
Any voluntary
competition.
certification scheme for interactive
comparison
websites,
guides
or
similar tools should be independent
from any provider of electronic
communications, use plain and clear
language, use complete and up-to-date
information,
have
transparent
methodology,
be
reliable
and
accessibility
according
to
Web
Content Accessibility Guidelines 2.0
and have an effective complaints
handling procedure
(53) End-users should be adequately
deleted
deleted
informed of the price and the type of
service offered before they purchase a
service. This information should also
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be provided immediately prior to
connection of the call when a call to a
specific number or service is subject to
particular pricing conditions, such as
calls to premium rate services which
are often subject to a special rate.
Where
such
an
obligation
is
disproportionate in view of the duration
and cost of the tariff information for
the service provider compared to the
average call duration and the cost risk
to which the end-user is exposed,
national regulatory authorities may
grant a derogation. End-users should
also be informed if a free-phone
number is subject to additional charges.
(54)
Providers
of
electronic (54)
Providers
of
electronic
deleted
communications to the public should communications to the public should
inform end-users adequately inter alia inform end-users adequately inter alia on
on their services and tariffs, quality of their services and tariffs, quality of
service
parameters,
access
to service parameters, access to emergency
emergency services and any limitation, services and any limitation, and the
and the choice of services and products choice of services and products designed
designed for disabled consumers. This for disabled consumers.
In the case of
information should be provided in a
tariff plans with a predefined volume of
clear and transparent manner and be
communications,
providers
of
specific to the Member States where
electronic
communications
to
the
the services are provided, and in the
public should also inform on the ability
event of any change, be updated.
of consumers and other end-users so
Providers should be exempted from
requesting to roll-over any unused
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such information requirements as
volume of the previous billing period
regards
those
offers
which
are
into the current billing period. This
individually negotiated.
information should be provided in a
clear and transparent manner and be
specific to the Member States where the
services are provided, and in the event of
any change, be updated. Providers
should
be
exempted
from
such
information requirements as regards
those offers which are individually
negotiated.
(55)
Availability
of
comparable
[no change]
deleted
information on products and services is
paramount to the ability of end-users to
make an independent evaluation of
offers.
Experience
shows
that
availability of reliable and comparable
information
increases
end-user
confidence in the use of services and
enhances the willingness to exercise
their choice.
(56) Contracts are an important means (56) Contracts are an important means of
deleted
of giving end-users a high level of giving end-users a high level of
transparency of information and legal transparency of information and legal
certainty.
Providers
of
electronic certainty.
Providers
of
electronic
communications to the publicē should communications to the public should
give
end-users
clear
and give end-users clear and comprehensible
comprehensible information on all information on all essential elements of
essential elements of the contract the contract before the user is bound by
before the end-user is bound by the the contract. The information should be
contract. The information should be mandatory and not be altered except by
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mandatory and not be altered except by subsequent agreement of the end-user
subsequent agreement of the end-user and the provider. The Commission and
and the provider. The Commission and several national regulatory authorities
several national regulatory authorities recently
found
considerable
recently
found
considerable discrepancies between the advertised
discrepancies between the advertised speed of internet access services and the
speed of internet access services and speed actually available to end-users.
the speed actually available to end-
Providers of electronic communications
users.
Providers
of
electronic to the public should therefore inform
communications to the public should end-users, prior to the conclusion of the
therefore inform end-users, prior to the contract, of the speed and other quality
conclusion of the contract, of the speed of service parameters which they can
and other quality of service parameters realistically deliver at the end-user's
which they can realistically deliver at main location.
For fixed and mobile
the end-user's main location.
data links, normally available speed is
the speed of a communications service
that a consumer could expect to receive
most of the time when accessing the
service, regardless of the time of day.
Normally available speed should be
derived from estimated speed ranges,
speed averages, peak-hour speed and
minimal
speed.
The
methodology
should be established in BEREC
guidelines and regularly reviewed and
updated to reflect technology and
infrastructure
evolution.
Member
States should ensure that providers
enable end-users to have access to
comparable
information
on
the
coverage of the mobile networks,
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including different technologies in
their Member State, prior to the
conclusion of the contract, to enable
those end-users to make informed
purchasing decisions.
(57)
With
respect
to
terminal (57) With respect to terminal equipment,
deleted
equipment, contracts should specify contracts should specify any restrictions
any restrictions imposed by the imposed by the provider on the use of
provider on the use of the equipment, the equipment, for example by way of
for example by way of ‘SIM-locking’ ‘SIM-locking’ mobile devices, and any
mobile devices, and any charges due on charges due on termination of the
termination of the contract prior to the contract prior to the agreed expiry date.
agreed expiry date. No charges should No charges should be due after expiry of
be due after expiry of the agreed the agreed contract duration.
Contracts
contract duration.
should also specify the types of after-
sales services, maintenance services
and
customer
support
services
provided. Whenever possible, that
information
should
also
include
technical information, provided on
demand,
concerning
the
proper
functioning of the end-user's chosen
terminal equipment. Provided that no
technical incompatibility has been
identified, that information should be
provided free of charge.
(58) In order to avoid bill shocks, end-
(58) In order to avoid bill shocks,
for all deleted
users should be able to define
post-paid services, end-users should be
maximum financial limits for the able to define
set a predefined charges related to their usage of calls maximum financial limit for the charges
and internet access services. This related to their usage of calls and
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facility should be available free of internet access services. This facility
charge, with an appropriate notification should be available free of charge, with
that
can
be
consulted
again
include an appropriate notification that
subsequently, when the limit is being can be consulted again subsequently,
approached.
Upon
reaching
the when the limit is being approached.
maximum limit, end-users should no Upon reaching the maximum limit, end-
longer receive or be charged for those users should no longer receive or be
services
unless
they
specifically charged for those services unless they
request the continued provision as specifically
request
the
continued
agreed with the provider.
provision as agreed with the provider.
(58a) The processing of personal data
referred to in Regulation of the
European Parliament and of the
Council
laying
down
measures
concerning
the
European
Single
Market for electronic communications
and to achieve a Connected Continent
should comply with Directive 95/46 of
the European Parliament and of the
Council21,
which
governs
the
processing of personal data carried out
in the Member States pursuant to this
Regulation and under the supervision
of the Member States' competent
authorities,
in
particular
the
independent
public
authorities
designated by the Member States, and
21 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
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with Directive 2002/58/EC.
(58b) The processing of personal data
referred to in Regulation of the
European Parliament and of the
Council
laying
down
measures
concerning
the
European
Single
Market for electronic communications
and to achieve a Connected Continent
should comply with Regulation (EC)
No
45/2001
of
the
European
Parliament and of the Council22.
(59) Experience from Member States
deleted
deleted
and from a recent study commissioned
by
the
Executive
Agency
for
Consumers and Health has shown that
long contract periods and automatic or
tacit extensions of contracts constitute
significant obstacles to changing a
provider. It is thus desirable that end-
users should be able to terminate,
without incurring any costs, a contract
six months after its conclusion. In such
a case, endusers may be requested to
compensate their providers for the
residual value of subsidised terminal
equipment or for the pro rata temporis
value
of
any
other
promotions.
Contracts which have been tacitly
extended
should
be
subject
to
22 OJ L 8, 12.1.2001 p. 1.
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termination with a one-month notice
period.
(60) Any significant changes to the
[no change]
contractual conditions imposed by
providers of electronic communications
services to the public to the detriment
of the end-user, for example in relation
to charges, tariffs, data volume
limitations, data speeds, coverage, or
the processing of personal data, should
be considered as giving rise to the right
of the end-user to terminate the
contract without incurring any costs.
(61) Bundles comprising electronic
[no change]
deleted
communications and other services
such as linear broadcasting have
become increasingly widespread and
are
an
important
element
of
competition.
Where
divergent
contractual
rules
on
contract
termination and switching apply to the
different services composing such
bundles, end-users are effectively
prevented
from
switching
to
competitive offers for the entire bundle
or parts of it. The provisions of this
Regulation
regarding
contract
termination and switching should,
therefore, apply to all elements of such
a bundle.
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(62) In order to take full advantage of
[no change]
deleted
the competitive environment, end-users
should be able to make informed
choices and switch providers when it is
in their interests. Endusers should
therefore be able to switch without
being hindered by legal, technical or
procedural
obstacles,
including
contractual conditions and charges.
Number portability is a key facilitator
of consumer choice and effective
competition. It should be implemented
within a minimum delay so that the
number is effectively activated within
one working day of concluding an
agreement to port a number. Settlement
of outstanding bills should not be a
condition for execution of a porting
request.
(63) In order to support the provision (63) In order to support the provision of
deleted
of one-stop-shops and to facilitate a one-stop-shops and to facilitate a
seamless switching experience for end-
seamless switching experience for end-
users, the switching process should be users, the switching process should be
led by the receiving provider of led by the receiving provider of
electronic communications to the electronic communications to the public
public. The transferring provider of
BEREC should be empowered to lay
electronic communications to the
down
guidelines
setting
out
the
public should not delay or hamper the
respective
responsibilities
of
the
switching
process.
Automated
receiving and transferring provider in
processes should be used as widely as
the switching and porting process,
possible and a high level of protection
ensuring inter alia that the transferring
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of personal data should be ensured. provider of electronic communications
Availability of transparent, accurate to the public should
does not delay or
and timely information on switching hamper
the
switching
process,
should
increase
the
end-users' Automated processes should be used as
confidence in switching and make them widely
that the process is automated as
more willing to engage actively in the
much as possible and
that a high level
competitive process.
of protection of personal data should be
is ensured
. Those guidelines should
also address the question of how to
ensure continuity in the experience of
end-users,
including
through
identifiers, such as email addresses,
through, for instance, the opportunity
to opt for an email forwarding facility. Availability of transparent, accurate and
timely information on switching should
increase the end-users' confidence in
switching and make them more willing
to engage actively in the competitive
process.
(64)
Contracts
with
transferring
deleted
deleted
providers of electronic communications
to the public should be cancelled
automatically after switching without
any additional steps being required
from end-users. In the case of pre-paid
services any credit balance which has
not been spent should be refunded to
the switching consumer.
(65) End-users need to experience
deleted
deleted
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continuity when changing important
identifiers such as email addresses. To
this end, and to ensure that email
communications are not lost, end-users
should be given the opportunity to opt,
free of charge, for an email forwarding
facility offered by the transferring
internet access service provider in
cases where the end-user has an email
address provided by the transferring
provider.
(66) Competent national authorities
[no change]
deleted
may prescribe the global processes of
porting numbers and switching, taking
into
account
technological
development and the need to ensure a
swift, efficient and consumer-friendly
switching process. Competent national
authorities should be able to impose
proportionate measures to protect end-
users
adequately
throughout
the
switching
process
including
appropriate sanctions that are necessary
to minimise risks of abuse or delays
and of end-users being switched to
another provider without their consent.
They should also be able to set an
automatic compensation mechanism
for end-users in such instances.
(67) National regulatory authorities
[no change]
deleted
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should be able to take effective action
to monitor and secure compliance with
the provisions of this Regulation,
including the power to impose effective
financial or administrative penalties in
the event of any breach thereof.
(68) In order to take account of market
deleted
deleted
and technical developments, the power
to adopt acts in accordance with Article
290 of the Treaty on the Functioning of
the
European
Union
should
be
delegated to the Commission in respect
of adapting the Annexes. It is of
particular
importance
that
the
Commission carry out appropriate
consultations during its preparatory
work, including at expert level. The
Commission, when preparing and
drawing-up delegated acts, should
ensure a simultaneous, timely and
appropriate transmission of relevant
documents to the European Parliament
and to the Council.
(69) In order to ensure uniform
[no change]
deleted
conditions for the implementation of
this Regulation, implementing powers
should
be
conferred
on
the
Commission as regards the decision
requiring Member States to adapt their
plans for compliance with a common
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timetable for granting rights of use and
allowing actual use.
(70) The implementing powers relating (70) The implementing powers relating
deleted
to the harmonisation and coordination to the harmonisation and coordination of
of authorisation of radio spectrum, authorisation
of
radio
spectrum,
characteristics of small-area wireless characteristics of small-area wireless
access points, coordination between access points, coordination between
Member States regarding allocation of Member States regarding allocation of
radio spectrum, more detailed technical radio spectrum, more detailed technical
and methodological rules concerning and methodological rules concerning
European virtual access products and European virtual access products and the
the safeguarding of internet access and safeguarding of internet access and of
of reasonable traffic management and reasonable traffic management and
quality of service, should be exercised quality of service
and fair use criteria in accordance with Regulation (EU) should be exercised in accordance with
No182/2011
of
the
European Regulation (EU) No182/2011 of the
Parliament and of the Council14.
European
Parliament
and
of
the
Council23.
(71) In order to ensure consistency (71) In order to ensure consistency
deleted
between the objective and the measures between the objective and the measures
needed to complete the single market needed to complete the single market for
for electronic communications pursuant electronic communications pursuant to
to this Regulation and some specific
meet the objectives of this Regulation
existing legislative provisions and to and some specific existing legislative
reflect key elements of evolving provisions and to reflect key elements of
decisional
practice,
Directive evolving decisional practice, Directive
2002/21/EC,
the
Directives 2002/21/EC, the Directives 2002/20/EC
2002/20/EC and 2002/22/EC and and
2002/22/EC,
Regulations
No
23 Regulation (EU) No 182/2011 of the European Parliament and of the Council laying down the rules and general principles concerning
mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
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Regulation No 531/2012 should be 531/2012
and (EC) No 1211/2009, as
amended.
This
includes
making
well as Decision No 243/2012/EU,
provision for Directive 2002/21/EC should be amended. This includes
and the related Directives to be read in making
provision
for
Directive
conjunction with this Regulation, the 2002/21/EC and the related Directives to
introduction of strengthened powers of be read in conjunction with this
the Commission in order to ensure Regulation,
the
introduction
of
consistency of remedies imposed on strengthened powers of the Commission
European electronic communications in order to ensure consistency of
providers having significant market remedies
imposed
on
European
power in the context of the European electronic communications providers
consultation mechanism, harmonisation having significant market power in the
of the criteria adopted in assessing the context of the European consultation
definition and competitiveness of mechanism harmonisation of the criteria
relevant markets, the adaptation of the adopted in assessing the definition and
notification system under Directive competitiveness of relevant markets, the
2002/20/EC in view of the single EU adaptation of the notification system
authorisation as well as the repeal of under Directive 2002/20/EC in view of
provisions on minimum harmonisation the single EU authorisation as well as
of
end-users
rights
provided
in the repeal of provisions on minimum
Directive 2002/22/EC made redundant harmonisation
of
end-users
rights
by the full harmonisation provided in provided in Directive 2002/22/EC made
this Regulation.
redundant by the full harmonisation
provided in this Regulation.
(72) The mobile communications
deleted
(72)
(12) The mobile communications market remains
market remains fragmented in the
fragmented in the Union, with no mobile network
Union, with no mobile network
covering all Member States. As a consequence, in order
covering all Member States. As a
to provide mobile communications services to their
consequence, in order to provide
domestic customers travelling within the Union,
mobile communications services to
roaming providers have to purchase wholesale roaming
their domestic customers travelling
services from operators in a visited Member State.
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within the Union, roaming providers
These wholesale charges constitute an important
have to purchase wholesale roaming
impediment to providing roaming services at price
services from operators in a visited
levels corresponding to domestic mobile services.
Member
State.
These
wholesale
Therefore further measures should be adopted to
charges
constitute
an
important
facilitate lowering these charges. Commercial or
impediment to providing roaming
technical agreements among roaming providers which
services at price levels corresponding
allow a virtual extension of their network coverage
to domestic mobile services. Therefore
across the Union provide a means to internalise
further measures should be adopted to
wholesale costs. To provide appropriate incentives,
facilitate
lowering
these
charges.
certain regulatory obligations laid down in Regulation
Commercial or technical agreements
(EC) No 531/2012 of the European Parliament and the
among roaming providers which allow
Council15 should be adapted. In particular, when
a virtual extension of their network
roaming providers, through their own networks or
coverage across the Union provide a
through bilateral or multilateral roaming agreements
means to internalise wholesale costs.
ensure that all customers in the Union are offered by
To provide appropriate incentives,
default roaming tariffs at the level of domestic tariffs,
certain regulatory obligations laid
the obligation of domestic providers to enable their
down in Regulation (EC) No 531/2012
customers to access voice, SMS and data
of the European Parliament and the
roaming services of any alternative roaming provider
Council24 should be adapted. In
should not apply to such providers, subject to a
particular, when roaming providers,
transitional period where such access has already been
through their own networks or through
granted.
bilateral
or
multilateral
roaming
agreements ensure that all customers in
the Union are offered by default
roaming tariffs at the level of domestic
tariffs, the obligation of domestic
providers to enable their customers to
24 Regulation (EU) No 531/2012 of the European Parliament and the Council of 13 June 2012 on roaming on public mobile communications
networks within the Union (OJ L 172, 30.6.2012, p. 10).
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access voice, SMS and data roaming
services of any alternative roaming
provider should not apply to such
providers, subject to a transitional
period where such access has already
been granted.
(73) Bilateral or multilateral roaming
deleted
agreements can allow a mobile
operator to treat roaming by its
domestic customers on the networks of
partners as being to a significant degree
equivalent to providing services to such
customers on its own networks, with
consequential effects on its retail
pricing for such virtual on-net coverage
across the Union. Such an arrangement
at the wholesale level could allow the
development of new roaming products
and therefore increase choice and
competition at retail level.
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(74) The Digital Agenda for Europe
deleted
(74)
(13) The Digital Agenda for Europe and
and Regulation No 531/2012 establish
Regulation No 531/2012 establishes the policy
the policy objective that the difference
objective that the difference between roaming and
between roaming and domestic tariffs
domestic tariffs should approach zero.
However, the
should approach zero. In practical
ultimate aim of eliminating the difference between
terms, this requires that consumers
domestic charges and roaming charges cannot be
falling into any of the broad observable
attained in a sustainable manner with the observed
categories of domestic consumption,
level of wholesale charges. Therefore, a transitional
identified by reference to a party's
period is needed, allowing roaming providers to adapt
various domestic retail packages,
to wholesale market conditions while providing their
should be in a position to confidently
customers with a possibility to satisfy their
replicate
the
typical
domestic
communications needs. During the period concerned,
consumption pattern associated with
roaming providers should offer roaming services at
their
respective
domestic
retail
levels not exceeding those applicable for domestic
packages while periodically travelling
services, with a possibility to add a surcharge. The
within the Union, without additional
relevant domestic retail price should be equal to the
costs to those incurred in a domestic
retail per-unit domestic charge. However, in situations
setting. Such broad categories may be
where there are no specific domestic retail prices that
identified from current commercial
could be used as a basis for a regulated roaming
practice by reference, for example, to
service (for example, in case of domestic unlimited
the differentiation in domestic retail
tariff plans, bundles or domestic tariffs which do not
packages between pre-paid and post-
include data), the domestic retail price should be
paid customers; GSM-only packages
deemed to be the same charging mechanism as if the
(i.e. voice, SMS); packages adapted for
customer would be consuming the domestic tariff in
different volumes of consumption;
his Member State. In practical terms, this requires that
packages for business and consumer
consumers falling into any of the broad observable
use respectively; retail packages with
categories of domestic consumption, identified by
prices per unit consumed and those
reference to a party's various domestic retail packages,
which provide "buckets" of units (e.g.
should be in a position to confidently replicate the
voice minutes, megabytes of data) for a
typical domestic consumption pattern associated with
standard fee, irrespective of actual
their respective domestic retail packages while
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consumption. The diversity of retail
periodically travelling within the Union, without
tariff plans and packages available to
additional costs to those incurred in a domestic setting.
customers in domestic mobile markets
Such broad categories may be identified from current
across
the
Union
accommodates
commercial practice by reference, for example, to the
varying user demands associated with a
differentiation in domestic retail packages between pre-
competitive market. That flexibility in
paid and post-paid customers; GSM-only packages (i.e.
domestic markets should also be
voice, SMS); packages adapted for different volumes of
reflected in the intra-Union roaming
consumption; packages for business and consumer use
environment, while bearing in mind
respectively; retail packages with prices per unit
that the need of roaming providers for
consumed and those which provide "buckets" of units
wholesale inputs from independent
(e.g. voice minutes, megabytes of data) for a standard
network operators in different Member
fee, irrespective of actual consumption. The diversity of
States may still justify the imposition
retail tariff plans and packages available to customers in
of limits by reference to reasonable use
domestic
mobile
markets
across
the
Union
if domestic tariffs are applied to such
accommodates varying user demands associated with a
roaming consumption.
competitive market. That flexibility in domestic
markets should also be reflected in the intra-Union
roaming environment, while bearing in mind that the
need of roaming providers for wholesale inputs from
independent network operators in different Member
States may still justify the imposition of limits by
reference to reasonable use if domestic tariffs are
applied to such roaming consumption.
(14) Moreover, with a view to ensuring basic mobile phone usage for consumers when periodically
travelling, the Regulation should determine the
minimum level of a basic roaming allowance. This
transitory basic roaming allowance should be simple
and transparent, and set at a level which ensures that
consumers’ basic communication needs are facilitated
while travelling within the EU, until the necessary
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review of underlying wholesale roaming market
conditions has been undertaken. The basic roaming
allowance should mirror the variety of services
included in the tariff plan of the customer, and should
take account of the average travelling and domestic
consumption patterns of all Europeans, it being
understood that such an average pattern will not
reflect the practices of all individual consumers.
(15) With a view to improving competition in the retail
roaming market, Regulation (EU) No 531/2012
requires domestic providers to enable their customers
to access regulated voice, SMS and roaming services,
provided as a bundle by any alternative roaming
provider. Given that the retail roaming regime set out
in Articles 6a and 6b of this Regulation is expected to
substantially decrease the retail roaming charges set
out in Articles 8, 10 and 13 of Regulation (EU) No
531/2012, it would no longer be proportionate to
oblige operators to implement this type of separate
sale of regulated roaming services. Providers which
have already enabled their customers to access
regulated voice, SMS and roaming services, provided
as a bundle by any alternative roaming provider, may
continue to do so. On the other hand, while the basic
roaming allowance and the mechanism which limits
the surcharge over the domestic retail price provide
data roaming customers with certain safeguards
against excessive roaming charges, it may not allow
roaming customers to confidently replicate the
domestic consumption patterns for data roaming
services. Given the increasing demand and importance
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of data roaming services, roaming customers should
be provided with alternative ways of accessing data
roaming services when travelling. Therefore, the
obligation on domestic and roaming providers not to
prevent customers from accessing regulated data
roaming services provided directly on a visited
network by an alternative roaming provider as
provided for in Regulation (EU) No 531/2012 should
be maintained.
(16) In accordance with the calling party pays
principle mobile customers do not pay for receiving
domestic mobile calls, instead the cost of terminating a
call in the network of the called party is covered in the
retail charge of the calling party. The convergence of
mobile termination rates across the Member States
should allow for the implementation of the same
principle for regulated roaming calls. However, since
this is not yet the case, this Regulation allows roaming
providers, after the respective basic roaming
allowance is exceeded, to charge a retail roaming fee
for incoming calls, provided it does not exceed the
average maximum wholesale mobile termination rate
set across the Union. This is considered to be a
transitory regime until the Commission addresses this
outstanding issue. In addition, in order to prevent
anomalous or abusive usage of regulated roaming
calls
received,
roaming
providers
may
apply
appropriate usage policies. These usage policies may
include limitations on the volumes of roaming calls
received in case those volumes significantly exceed the
average volumes of domestic calls received.
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(75) While it is in the first place for (75) While it is in the first place for
deleted
roaming providers to assess themselves roaming providers to assess themselves
the reasonable character of the volumes the reasonable character of the volumes
of roaming voice calls, SMS and data of roaming voice calls, SMS and data to
to be covered at domestic rates under be covered at domestic rates under their
their various retail packages, national various retail packages,
they may,
regulatory authorities should supervise
notwithstanding the abolition of retail
the application by roaming providers of
roaming charges by 15 December 2015,
such reasonable use limits and ensure
apply a ‘fair use clause’ to the
that they are specifically defined by
consumption
of
regulated
retail
reference
to
detailed
quantified
roaming services provided at the
information in the contracts in terms
applicable domestic price level, by
which are clear and transparent to
reference to fair use criteria. These
customers. In so doing, national
criteria should be applied in such a way
regulatory authorities should take
that consumers are in a position to
utmost account of relevant guidance
confidently
replicate
the
typical
from BEREC. In its guidance, BEREC
domestic
consumption
pattern
should identify various usage patterns
associated
with
their
respective
substantiated by the underlying voice,
domestic
retail
packages
while
data and SMS usage trends at the
periodically
travelling
within
the
Union level, and the evolution of
Union. National regulatory authorities
expectations as regards in particular should supervise the application by
wireless data consumption.
roaming providers of such reasonable
fair use limits and ensure that they are
specifically defined by reference to
detailed quantified information in the
contracts in terms which are clear and
transparent to customers. In so doing,
national regulatory authorities should
take utmost account of relevant guidance
from BEREC,
based on the results of a
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public consultation, for the application
of fair use criteria in retail contracts
provided by roaming providers. In its
guidance,
BEREC
should
identify
various usage patterns substantiated by
the underlying voice, data and SMS
usage trends at the Union level, and the
evolution of expectations as regards in
particular wireless data consumption.
The maximum eurotariff price caps
should continue to serve as a safeguard
limit for charges for consumption in
excess of fair use limits until the expiry
of the Regulation (EU) No 531/2012.
(76) In addition, the significant (76)
In
addition,
the
significant
deleted
reduction in mobile termination rates reduction in mobile termination rates
throughout the Union in the recent past throughout the Union in the recent past
should now allow the elimination of should now allow the elimination of
additional
roaming
charges
for additional roaming charges for incoming
incoming calls.
calls.
order to provide clarity and legal
certainty, the date of 15 December 2015
should be set for the final phasing out
of retail roaming surcharges which
began with Regulation (EC) No
717/2007 of the European Parliament
25
and of the Council . In addition, the
Commission should by 30 June 2015,
in advance of that final abolition of
25
Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile
telephone networks within the Community and amending Directive 2002/21/EC (OJ L 171, 29.6.2007, p. 32)
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retail surcharges, report on any
necessary changes to the wholesale
rates or wholesale market mechanisms,
taking into account also mobile
termination rates (MTR) applicable to
roaming throughout the Union.
(77) In order to provide stability and
deleted
deleted
strategic
leadership
to
BEREC
activities, BEREC Board of Regulators
should be represented by a full-time
Chairperson appointed by the Board of
Regulators, on the basis of merit, skills,
knowledge
of
electronic
communication market participants and
markets, and of experience relevant to
supervision and regulation, following
an open selection procedure organised
and managed by the Board of
Regulators
assisted
by
the
Commission. For the designation of the
first Chairperson of the Board of
Regulators, the Commission should,
inter alia, draw up a shortlist of
candidates on the basis of merit, skills,
knowledge
of
electronic
communication market participants and
markets, and of experience relevant to
supervision and regulation. For the
subsequent
designations,
the
opportunity of having a shortlist drawn
up by the Commission should be
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reviewed in a report to be established
pursuant to this Regulation. The Office
of BEREC should therefore comprise
the Chairperson of the Board of
Regulators, a Management Committee
and an Administrative Manager.
(78)
Directives
2002/20/EC, (78) Directives 2002/20/EC, 2002/21/EC (78)
(17) Directives 2002/20/EC, 2002/21/EC and
2002/21/EC and 2002/22/EC and and 2002/22/EC and Regulations (EC) 2002/22/EC and Regulations (EC) No 1211/2009 and
Regulations (EC) No 1211/2009 and No 1211/2009 and (EU) No 531/2012, (EU) No 531/2012 should therefore be amended
(EU) No 531/2012 should therefore be
as well as Decision 243/2012/EU, accordingly.
amended accordingly.
should
therefore
be
amended
accordingly.
(18) This Regulation should constitute a specific measure within the meaning of Article 1(5) of
Directive 2002/21/EC26. Therefore, where providers of
Union-wide roaming services make changes to their
retail roaming tariffs and to accompanying roaming
usage policies in order to comply with the
requirements of this Regulation, such changes should
not trigger for mobile customers any right under
national laws transposing the current regulatory
framework for electronic communications to withdraw
from their contracts.
(79) The Commission may always seek (79) The Commission may always
deleted
BEREC's opinion in accordance with
should seek BEREC's opinion in
Regulation (EC) No 1211/2009, when accordance with Regulation (EC) No
it considers it necessary for the 1211/2009,
when
it
considers
it
26
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic
communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).
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implementation of the provisions of necessary for the implementation of the
this Regulation.
provisions of this Regulation.
(79 a) The regulatory framework for
electronic communications should be
reviewed as called for in the European
Parliament
resolution
on
Implementation
report
on
the
regulatory framework for electronic
communications27. The review should
be based on ex-post assessments of the
impact of the framework since 2009, a
full consultation and a thorough ex-
ante assessment of expected impacts of
the proposals emanating from the
review. The proposals should be
presented in sufficient time to enable
the legislator to analyse and debate
them properly.
(80)
This
Regulation
respects
[no change]
(80)
(19) This Regulation
respects complies with the
fundamental rights and observes the
fundamental rights and observes the rights and
rights and principles enshrined in the
principles enshrined in
recognised in particular by the
Charter of Fundamental Rights of the
Charter of Fundamental Rights of the European Union,
European Union, notably Article 8 (the
notably Article 8 (the protection of personal data),
protection of personal data), Article 11
Article 11 (, the freedom of expression and
(freedom
of
expression
and
information), Article 16 (,the freedom to conduct a
information), Article 16 (freedom to
business), Article 21 (, non-discrimination and Article
conduct a business), Article 21
38 (consumer protection.
(nondiscrimination) and Article 38
27 P7_TA(2013)0454
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(consumer protection).
(81) Since the objective of this
[no change]
(81)
(20) Since the objective of this Regulation, namely
Regulation, namely to establish the
to establish the regulatory principles and detailed rules
regulatory principles and detailed rules
necessary to complete a European single market for
necessary to complete a European
electronic communications,
common rules necessary
single
market
for
electronic
for safeguarding open internet and decreasing retail
communications, cannot be sufficiently
roaming charges, cannot be sufficiently achieved by
achieved by the Member States and can
the Member States and can therefore, by reason of its
therefore, by reason of its scale and
scale and effects, be better achieved at Union level, the
effects, be better achieved at Union
Union may adopt measures in accordance with the
level, the Union may adopt measures in
principle of subsidiarity as set out in Article 5 of the
accordance with the principle of
Treaty on European Union. In accordance with the
subsidiarity as set out in Article 5 of
principle of proportionality, as set out in that Article,
the Treaty on European Union. In
this Regulation does not go beyond what is necessary in
accordance with the principle of
order to achieve that objective.
proportionality, as set out in that
Article, this Regulation does not go
beyond what is necessary in order to
achieve that objective.
Chapter I
[no changes]
Chapter I
General provisions
General provisions
Article 1 – Objective and scope
Article 1 – Objective and scope
1. This Regulation establishes the 1. This Regulation establishes the This Regulation establishes the regulatory principles
regulatory principles and detailed rules regulatory principles and detailed rules and detailed rules necessary to complete a European
necessary to complete a European necessary to complete a European single single market for electronic communications where:
single
market
for
electronic market for electronic communications
common rules on open internet access safeguarding
communications where:
where:
related
end-user’s
rights and ensuring non-
discriminatory treatment of traffic in provision of
internet access services.
(a)
providers
of
electronic (a)
providers
of
electronic
deleted
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communications services and networks communications services and networks
have the right, the ability and the have
facilitate the practical exercise of incentive to develop, extend and the right , the ability and the incentive to
operate their networks and to provide develop, extend and
of providers of
services irrespective of where the
electronic communications services and
provider is established or its customers
networks to operate their networks and
are situated in the Union,
to provide services irrespective of where
the provider is established or its
customers are situated in the Union
through a harmonised and simplified
notification
system
based
on
a
harmonised template,
(b) citizens and businesses have the (b)
citizens
and
businesses
have
deleted
right and the possibility to access
facilitate the practical exercise of the
competitive,
secure
and
reliable right and the possibility
of citizens and
electronic communications services,
businesses to access competitive, secure
irrespective of where they are provided and reliable electronic communications
from in the Union, without being services, irrespective of where they are
hampered by cross-border restrictions provided from in the Union,
with
or unjustified additional costs.
common rules to guarantee high
standards of protection, privacy and
security of their personal data, without
being
hampered
by
cross-border
restrictions or unjustified additional
costs
and penalties,
(ba) achieve a more coordinated Union
framework
for
harmonised
radio
spectrum
for
wireless
broadband
communications services;
(bb) [moved down to compare with Art
1(3)(f) of the Commission proposal]
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2. This Regulation establishes in 2. This Regulation establishes in
particular
regulatory
principles particular regulatory principles pursuant
pursuant to which the Commission, the to which the Commission, the Body of
Body of European Regulators for European Regulators for Electronic
Electronic Communications (BEREC) Communications (BEREC) and the
and the national competent authorities national
and regional competent
shall act, each within its own authorities shall act, each within its own
competences, in conjunction with the competences, in conjunction with the
provisions of Directives 2002/19/EC, provisions of Directives 2002/19/EC,
2002/20/EC,
2002/21/EC
and 2002/20/EC,
2002/21/EC
and
2002/22/EC:
2002/22/EC:
a) to secure simplified, predictable and
deleted
deleted
convergent
regulatory
conditions
regarding
key
administrative
and
commercial parameters, including as
regards
the
proportionality
of
individual obligations which may be
imposed pursuant to market analysis;
b) to promote sustainable competition
deleted
deleted
within the single market and the global
competitiveness of the Union, and to
reduce
sector-specific
market
regulation accordingly as and when
these objectives are achieved;
c) to favour investment and innovation (c) to favour investment and innovation
deleted
in new and enhanced high-capacity in new and enhanced high-capacity
infrastructures which reach throughout infrastructures which
and to ensure that
the Union and which can cater for
they reach throughout the Union and
evolving end-user demand;
which can cater for evolving end-user
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demand,
wherever end-users may be
located in the Union;
d) to facilitate innovative and high-
deleted
deleted
quality service provision;
e) to ensure the availability and highly
deleted
deleted
efficient use of radio spectrum,
whether
subject
to
general
authorisation or to individual rights of
use, for wireless broadband services in
support of innovation, investment, jobs
and end-user benefits;
f) to serve the interests of citizens and
deleted
deleted
end-users in connectivity by fostering
the investment conditions for an
increase in the choice and quality of
network access and of service, and by
facilitating mobility across the Union
and
both
social
and
territorial
inclusion.
3. In order to ensure implementation of
deleted
deleted
the overarching regulatory principles
set out in paragraph 2, this Regulation
furthermore establishes the necessary
detailed rules for:
(a) a single EU authorisation for
deleted
deleted
European electronic communications
providers;
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(b) further convergence of regulatory
deleted
deleted
conditions as regards the necessity and
proportionality of remedies imposed by
national regulatory authorities on
European electronic communications
providers;
(c) the harmonised provision at Union
deleted
deleted
level of certain wholesale products for
broadband under convergent regulatory
conditions;
(d) a coordinated European framework
deleted
deleted
for the assignment of harmonised radio
spectrum
for
wireless
broadband
communications
services,
thereby
creating a European wireless space;
(e) the harmonisation of rules related to
deleted
deleted
rights of end-users and the promotion
of effective competition in retail
markets, thereby creating a European
consumer
space
for
electronic
communications;
(f) the phasing out of unjustified
(bb) to address the phasing out of 2. This Regulation establishes in particular regulatory
surcharges
for
intra-Union
unjustified surcharges for roaming principles pursuant to which the Commission, the Body
communications
and
roaming
communications within the Union.
of European Regulators for Electronic Communications
communications within the Union.
(BEREC) and the national competent authorities shall
act, each within its own competences, in conjunction
with the provisions of Directives 2002/19/EC,
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2002/20/EC, 2002/21/EC and 2002/22/EC:
sets up a new retail pricing mechanism which
decreases retail charges for Union-wide regulated
roaming services.
3a. The provisions of this Regulation
shall be without prejudice to the Union
acquis relating to data protection and
Articles 7 and 8 of the Charter of
Fundamental Rights of the European
Union.
Article 2 – Definitions
[no changes]
[no change]
For the purposes of this Regulation, the
[no change]
For the purposes of this Regulation, the definitions set
definitions set out in Directives
out
in
Directives
2002/19/EC,
2002/20/EC,
2002/19/EC, 2002/20/EC, 2002/21/EC,
2002/21/EC, 2002/22/EC and 2002/77/EC shall apply.
2002/22/EC and 2002/77/EC shall
The following definitions shall also apply:
apply. The following definitions shall
also apply:
(1)"European
electronic
deleted
deleted
communications provider" means an
undertaking established in the Union
providing or intending to provide
electronic communications networks or
services, whether directly or by means
of one or more subsidiaries, directed to
more than one Member State and
which
cannot
be
considered
a
subsidiary
of
another
electronic
communications provider;
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(2)"provider
of
electronic
[no change]
[no change]
communications to the public" means
an
undertaking
providing
public
electronic communications networks or
publicly
available
electronic
communications services;
(3) "subsidiary" means an undertaking
deleted
deleted
in which another undertaking directly
or indirectly:
(i) has the power to exercise more than
deleted
deleted
half the voting rights, or
(ii) has the power to appoint more than
deleted
deleted
half the members of the supervisory
board, board of management or bodies
legally representing the undertaking, or
(iii) has the right to manage the
deleted
deleted
undertaking's affairs;
(4) "single EU authorisation" means
deleted
deleted
the legal framework applicable to a
European electronic communications
provider in the whole Union based on
the general authorisation in the home
Member State and in accordance with
this Regulation;
(5) "home Member State" means the
deleted
deleted
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Member State where the European
electronic communications provider
has its main establishment;
(6) "main establishment" means the
deleted
deleted
place of establishment in the Member
State where the main decisions are
taken as to the investments in and
conduct of the provision of electronic
communications services or networks
in the Union;
(7) "host Member State" means any
deleted
deleted
Member State different from the home
Member State where a European
electronic communications provider
provides electronic communications
networks or services;
(8) "harmonised radio spectrum for (8) ‘harmonised radio spectrum for
deleted
wireless broadband communications" wireless broadband communications’
means radio spectrum for which the means radio spectrum for which the
conditions of availability and efficient conditions of availability
, and efficient
,
use are harmonised at Union level, in
efficiency
and
primary
use
are
particular
pursuant
to
Decision harmonised at Union level, in particular
676/2002/EC
of
the
European pursuant to
accordance with provisions
Parliament and the Council28, and
laid down in Directive 2002/21/EC and which
serves
for
electronic Decision 676/2002/EC of the European
28 Decision 676/2002/EC of the European Parliament and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in
the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, p. 1).
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communications services other than Parliament and the Council17, and which
broadcasting;
serves for electronic communications
services other than broadcasting;
(9) "small-area wireless access point" (9) ‘small-area wireless access point’
deleted
means a low power wireless network means a low power wireless network
access
equipment of small size access equipment of small size operating
operating within a small range, which within a small range
, using licensed
may or may not be part of a publicē
spectrum or a combination of licensed
terrestrial
mobile
communications
and license-exempt spectrum, which
network, and be equipped with one or may or may not be part of a public
more low visual impact antennas, terrestrial
mobile
communications
which allows wireless access by the network, and be equipped with one or
public to electronic communications more low visual impact antennas, which
networks regardless of the underlying allows wireless access by the public to
network topology;
electronic communications networks
regardless of the underlying network
topology;
(10) „radio local area network” (10) „radio local area network” (RLAN)
deleted
(RLAN) means a low power wireless means a low power wireless access
access system, operating within a small system, operating within a small range,
range, with a low risk of interference to with a low risk of interference to other
other such systems deployed in close such
systems
deployed
in
close
proximity by other users, using on a proximity by other users, using on a
non-exclusive basis spectrum for which non-exclusive
license-exempt
basis
the conditions of availability and spectrum for which the conditions of
efficient use for this purpose are availability and efficient use for this
harmonised at Union level;
purpose are harmonised at Union level;
(11) "virtual broadband access" means
deleted
deleted
a type of wholesale access to
broadband networks that consists of a
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virtual access link to the customer
premises over any access network
architecture,
excluding
physical
unbundling,
together
with
a
transmission service to a defined set of
points of handover, and including
specific network elements, specific
network functionalities and ancillary IT
systems;
(12) "assured service quality (ASQ)
deleted
deleted
connectivity product" means a product
that is made available at the internet
protocol (IP) exchange, which enables
customers
to
set
up
an
IP
communication link between a point of
interconnection and one or several
fixed network termination points, and
enables defined levels of end to end
network performance for the provision
of specific services to end users on the
basis of the delivery of a specified
guaranteed quality of service, based on
specified parameters;
(12 a)"net neutrality" means the
principle according to which all
internet traffic is treated equally,
without discrimination, restriction or
interference,
independently
of
its
sender, recipient, type, content, device,
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service or application;
(13) "long-distance communications"
deleted
deleted
means voice or messages services
terminating outside the local exchange
and
regional
charging
areas
as
identified by a geographic area code in
the national numbering plan;
(14) "internet access service" means a (14) ‘internet access service’ means a (14) (1) “internet access service” means a publicly
publicly
available
electronic publicly
available
electronic available electronic communications service that
communications service that provides communications service that provides provides connectivity
access to the internet, and thereby
connectivity to the internet, and connectivity
to
the
internet
in connectivity between virtually
to substantially all end
thereby connectivity between virtually
accordance with the principle of net points connected to
of the internet, irrespective of the
all end points connected to the internet,
neutrality, and thereby connectivity network technology
and terminal equipment used;
irrespective of the network technology between
virtually
all
end
points
used;
connected to
of the internet, irrespective
of the network technology
or terminal
equipment used;
(15) "specialised service" means an (15) ‘specialised service’ means an
deleted
electronic communications service or electronic communications service or
any other service that provides the any other service that provides the
capability to access specific content, capability to access specific content,
applications
or
services,
or
a applications
or
services,
or
a
combination
thereof,
and
whose combination
thereof,
and
whose
technical characteristics are controlled technical characteristics are controlled
from end-to-end or provides the from
end-to-end
or
provides
the
capability to send or receive data to or capability to send or receive data to or
from a determined number of parties or from a determined number of parties or
endpoints; and that is not marketed or endpoints;
optimised
for
specific
widely used as a substitute for internet
content, applications or services, or a
access service;
combination thereof, provided over
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logically distinct capacity, relying on
strict
admission
control,
offering
functionality
requiring
enhanced
quality from end to end and that is not
marketed or widely used
usable as a
substitute for internet access service;
(16) "receiving provider of electronic
deleted
deleted
communications to the public" means
the
provider
of
electronic
communications to the public to which
the telephone number or service is
transferred;
(17) "transferring provider of electronic
deleted
deleted
communications to the public" means
the
provider
of
electronic
communications to the public from
which a telephone number or service is
transferred.
Chapter II
[no changes]
deleted
Single EU authorisation
Article 3 – Freedom to provide
electronic communications across the
Union
1.
A
European
electronic 1.
A
European
Any
electronic
deleted
communications provider has the right communications provider has the right
to provide electronic communications to provide electronic communications
networks and services in the whole networks and services in the whole
Union and to exercise the rights linked Union and to exercise the rights linked
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to the provision of such networks and to the provision of such networks and
services in each Member State where it services in each Member State where it
operates pursuant to a single EU operates pursuant to a single EU
authorisation which is subject only to authorisation which is subject only to the
the notification requirements provided notification requirements provided in
in Article 4.
Article 4.
2.
The
European
electronic
deleted
deleted
communications provider is subject to
the rules and conditions applied in each
Member State concerned in compliance
with Union law unless otherwise
provided in this Regulation and without
prejudice to Regulation (EU) No
531/2012.
3. By way of derogation from Article
deleted
deleted
12
of
Directive
2002/20/EC,
a
European electronic communications
provider
may
be
subject
to
administrative charges applicable in the
host Member State only if it has an
annual
turnover
for
electronic
communications
services
in
that
Member State above 0,5% of the total
national electronic communications
turnover. In levying these charges only
the
turnover
for
electronic
communications
services
in
the
Member State concerned shall be taken
into account.
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4. By way of derogation from Article
deleted
deleted
13(1)(b) of Directive 2002/22/EC a
European electronic communications
provider may be subject to the
contributions imposed to share the net
cost of universal service obligations in
the host Member State only if it has an
annual
turnover
for
electronic
communications
services
in
that
Member State above 3% of the total
national electronic communications
turnover.
In
levying
any
such
contribution only the turnover in the
Member State concerned shall be taken
into account.
5.
A
European
electronic 5. A European
National regulatory deleted
communications provider shall be
authorities shall be entitled to equal
entitled to equal treatment by the treatment
treat
electronic
national
regulatory
authorities
of communications
provider
providers
different Member States in objectively
equally in objectively equivalent
equivalent situations.
comparable situations, of different
irrespective of their Member States
State of establishment.
6. In the event of a dispute between
deleted
deleted
undertakings involving a European
electronic communications provider
regarding obligations applicable in
accordance
with
Directives
2002/19/EC, 2002/20/EC, 2002/21/EC
and 2002/22/EC, this Regulation or
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Regulation (EU) No 531/2012 in a host
Member State, the European electronic
communications provider may consult
the national regulatory authority in the
home Member State, which may
deliver an opinion with a view to
ensuring the development of consistent
regulatory practices. The national
regulatory authority in the host
Member State shall take utmost
account of the opinion issued by the
national regulatory authority of the
home Member State when deciding the
dispute.
7. European electronic communications
deleted
deleted
providers who, at the date of entry into
force of this Regulation, have the right
to provide electronic communications
networks and services in more than one
Member
State
shall
submit
the
notification provided for in Article 4 at
the latest by 1 July 2016.
Article 4 - Notification procedure for deleted
deleted
European electronic communications
providers
1.
A
European
electronic
deleted
deleted
communications provider shall submit
a single notification in accordance with
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EN
this
Regulation
to
the
national
regulatory authority of the home
Member
State,
before
beginning
activity in at least one Member State.
2. The notification shall contain a
deleted
deleted
declaration of the provision or the
intention to commence the provision of
electronic communications networks
and services and shall be accompanied
by the following information only:
(a) the name of the provider, his legal
deleted
deleted
status and form, registration number,
where the provider is registered in
trade or other similar public register,
the geographical address of the main
establishment, a contact person, a short
description of the networks or services
provided or intended to be provided,
including identification of the home
Member State;
(b) the host Member State(s) where the
deleted
deleted
services and the networks are provided
or intended to be provided directly or
by subsidiaries and, in the latter case,
the name, his legal status and EN 35
EN
form,
geographical
address,
registration number, where the provider
is registered in trade or other similar
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public register in the host Member
State, and contact point of any
subsidiary
concerned
and
the
respective operating areas. Where a
subsidiary is controlled jointly by two
or more electronic communications
providers
with
their
main
establishments in different Member
States the subsidiary shall indicate the
relevant home Member State among
those of the parent companies for the
purpose of this Regulation and shall be
notified by the parentē company of that
home Member State accordingly. The
notification shall be submitted in the
language or languages applicable in the
home Member State and in any host
Member State.
3. Any change to the information
deleted
deleted
submitted
in
accordance
with
paragraph 2 shall be made available to
the national regulatory authority of the
home Member State within one month
following the change. In the event that
the change to be notified concerns the
intention
to
provide
electronic
communications networks or services
in a host Member State that is not
covered by a previous notification, the
European electronic communications
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provider may begin activity in that host
Member State upon notification.
4.
Non-compliance
with
the
deleted
deleted
notification requirement laid down in
this Article shall constitute a breach of
the common conditions applicable to
the
European
electronic
communications provider in the home
Member State.
5. The national regulatory authority of
deleted
deleted
the home Member State shall forward
the information received in accordance
with paragraph 2 and any change to
that information in accordance with
paragraph 3 to the national regulatory
authorities of the concerned host
Member States and to the BEREC
Office within one week following
reception of such information or any
change. The BEREC Office shall
maintain a publicly accessible registry
of notifications made in accordance
with this Regulation.
6. At the request of a European
deleted
deleted
electronic communications provider,
the national regulatory authority of the
home Member State shall issue a
declaration in accordance with Article
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9 of Directive 2002/20/EC, specifying
that the undertaking in question is
subject to the single EU authorisation.
7. In the event that one or more
deleted
deleted
national
regulatory
authorities
in
different Member States consider that
the identification of the home Member
State in a notification made in
accordance with paragraph 2 or any
change to the provided information
made available in accordance with
paragraph 3 does not correspond or no
longer corresponds to the main
establishment
of
the
undertaking
pursuant to this Regulation, it shall
refer the issue to the Commission,
substantiating the grounds on which it
bases its assessment. A copy of the
referral shall be communicated to the
BEREC Office for information. The
Commission, having given the relevant
European electronic communications
provider and the national regulatory
authority of the disputed home Member
State the opportunity to express their
views,
shall
issue
a
decision
determining the home Member State of
the undertaking in question pursuant to
this Regulation within three months
following the referral of the issue.
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Article 5 –Compliance with the
deleted
deleted
single EU authorisation
1. The national regulatory authority of
deleted
deleted
each concerned Member State shall
monitor and ensure, in accordance with
its national legislation implementing
the procedures provided for in Article
10 of Directive 2002/20/EC, that
European electronic communications
providers comply with the rules and
conditions applicable in its territory in
accordance with Article 3.
EN 36 EN
2. The national regulatory authority of
deleted
deleted
a host Member State shall transmit to
the national regulatory authority of the
home Member State any relevant
information
concerning
individual
measures adopted in relation to a
European electronic communications
provider with a view to ensuring
compliance
with
the
rules
and
conditions applicable in its territory in
accordance with Article 3.
Article 6 – Suspension and
deleted
deleted
withdrawal of the rights to provide
electronic communications of
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European electronic communications
providers
1. Without prejudice to measures
deleted
deleted
concerning suspension or withdrawal
of rights of use for spectrum or
numbers granted by any concerned
Member State and interim measures
adopted in accordance with paragraph
3,
only
the
national
regulatory
authority of the home Member State
may suspend or withdraw the rights of
a European electronic communications
provider
to
provide
electronic
communications networks and services
in the whole Union or part thereof in
accordance with national legislation
implementing
Article
10(5)
of
Directive 2002/20/EC.
2. In cases of serious or repeated
deleted
deleted
breaches of the rules and conditions
applicable in a host Member State in
accordance with Article 3, where
measures
aimed
at
ensuring
compliance taken by the national
regulatory authority in the host
Member State in accordance with
Article 5 have failed, it shall inform the
national regulatory authority in the
home Member State and request that it
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adopts the measures provided for in
paragraph 1.
3. Until a final decision on a request
deleted
deleted
submitted
in
accordance
with
paragraph 2 is adopted by the national
regulatory authority of the home
Member State, the national regulatory
authority of the host Member State
may take urgent interim measures in
accordance with national legislation
implementing
Article
10(6)
of
Directive 2002/20/EC where it has
evidence of a breach of the rules and
conditions applicable in its territory in
accordance with Article 3. By way of
derogation from the three months time-
limit provided for in Article 10(6) of
Directive 2002/20/EC, such interim
measures may be valid until the
national regulatory authority of the
home Member State adopts a final
decision. The Commission, BEREC
and the national regulatory authorities
of the home Member State and other
host Member States shall be informed
of the interim measure adopted in due
time.
4. Where the national regulatory
deleted
deleted
authority of the home Member State
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considers taking a decision to suspend
or withdraw rights of a European
electronic communications provider in
accordance with paragraph 1 either on
its own initiative or at the request of
the national regulatory authority of a
host Member State, it shall notify its
intention to the national regulatory
authorities of any host Member State
affected by such a decision. The
national regulatory authority of a host
Member State may deliver an opinion
within one month.
5. Taking utmost account of any
deleted
deleted
opinion of the national regulatory
authority of the host Member States
concerned, the national regulatory
authority of the home Member State
shall adopt a final decision and shall
communicate it to the Commission,
BEREC and the national regulatory
authorities of the host Member States
affected by such a decision within one
week after its adoption.
6. Where the national regulatory
deleted
deleted
authority of the home Member State
has decided to suspendē or withdraw
rights of a European electronic
communications
provider
in
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accordance with paragraph 1, the
national regulatory authority of any
host Member State concerned shall
take appropriate measures to prevent
the
European
electronic
communications provider from further
providing
services
or
networks
concerned by this decision within its
territory.
Article 7 – Coordination of
deleted
deleted
enforcement measures
1. When applying Article 6, the
deleted
deleted
national regulatory authority of the
home
Member
State
shall
take
supervisory or enforcement measures
related
to
an
electronic
communications service or network
provided in another Member State or
which has caused damage in another
Member State with the same diligence
as if the electronic communications
service or network concerned was
provided in the home Member State.
2. The Member States shall ensure that
deleted
deleted
within their territories it is possible to
serve the legal documents relating to
measures taken in accordance with
Articles 5 and 6.
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Chapter III
[no changes]
deleted
European inputs
Section 1 - Coordination of use of
radio spectrum within the single
market
Article 8 – Scope of application and
general provisions
1. This section shall apply to 1. This section shall apply to harmonised
deleted
harmonised radio spectrum for wireless radio spectrum for wireless broadband
broadband communications.
communications
in accordance with
Directive
2002/21/EC,
Decision
676/2002/EC
and
Decision
243/2012/EU.
2. This section shall be without 2. This section shall be without
deleted
prejudice to the right of the Member prejudice to the right of the Member
States to benefit from fees imposed to States to benefit from fees imposed to
ensure the optimal use of radio ensure the optimal use of radio spectrum
spectrum resources in accordance with resources in accordance with Article 13
Article 13 of Directive 2002/20/EC and of Directive 2002/20/EC and to organise
to organise and use their radio and use their radio spectrum for public
spectrum for public order, public order, public security and defence
security and defence.
safeguarding general interest objectives
such as cultural diversity and media
pluralism.
3. In the exercise of powers conferred 3. In the exercise of powers conferred in
deleted
in this section, the Commission shall this section, the Commission shall take
take utmost account of any relevant utmost account of any relevant opinion
opinion issued by the Radio Spectrum issued by the Radio Spectrum Policy
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Policy Group (RSPG) established by Group
(RSPG)
established
by
Commission Decision 2002/622/EC29.
Commission Decision 2002/622/EC18
and of any regulatory best practice,
report or advice issued by BEREC on
matters within its competence.
Article 8a
Harmonisation
of
certain
aspects
relating to transfer or lease of
individual
rights
to
use
radio
frequencies and their duration
1. Without prejudice to Directive
2002/21 or to the application of
competition rules to undertakings, the
following shall apply with respect to the
transfer or lease of rights of use of
spectrum, or parts thereof, identified in
Article
6(8)
of
Decision
No
243/2012/EU:
(a) Member States shall make current
details of all such rights of use publicly
available in a standardised electronic
format;
(b) Member States may not refuse to
allow a transfer or lease to an existing
holder of such rights of use;
(c) in cases not covered by point (b),
Member States may refuse a transfer
29 Commission Decision 2002/622/EC of 26 July 2002 establishing a Radio Spectrum Policy Group (OJ L 198, 27.07.2002, p. 49)
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only where it is found that there is a
clear risk that the new holder would be
unable to meet the existing conditions
for the right of use;
(d) in cases not covered by point (b),
Member States may not refuse a lease
where the transferor undertakes to
remain liable for meeting the existing
conditions for the right of use.
2. Any administrative charge imposed
on undertakings in connection with
processing an application for the
transfer or lease of spectrum shall, in
total, cover only the administrative
costs, including ancillary steps such as
the issuance of a new right of use,
incurred in processing the application.
Any such charges shall be imposed in
an
objective,
transparent
and
proportionate manner which minimises
additional administrative costs and
attendant charges. Article 12(2) of
Directive 2002/20/EC shall apply to
charges imposed under this paragraph.
3. All rights of use of spectrum shall be
granted with a minimum duration of 25
years, and in any case for a duration
appropriate to incentivise investment
and competition and discourage the
under-use or ‘hoarding’ of spectrum.
Member States may grant rights of use
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of indefinite duration.
4. Member States may provide for
proportionate and non-discriminatory
withdrawal of rights, including those
with a 25 year minimum duration, in
order to ensure the efficient use of
spectrum including, but not limited to,
spectrum
management
purposes,
national security, breach of licence,
harmonised change of use of a band
and non-payment of fees.
5. The duration of all existing rights of
use of spectrum is hereby extended to
25 years from their date of grant,
without prejudice to other conditions
attached to the right of use and to
rights of use of indefinite duration.
6. The introduction of minimum 25
year licence duration should not
impede the ability of regulators to issue
temporary licences and licences for
secondary uses in a harmonised band.
Article 9 – Radio Spectrum use for
[no changes]
deleted
wireless broadband
communications: regulatory
principles
1. The national competent authorities 1.
Without prejudice to general interest deleted
for radio spectrum shall contribute to
objectives,
the
national
competent
the development of a wireless space authorities for radio spectrum shall
where investment and competitive contribute to the development of a
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EN
conditions for high-speed wireless wireless space where investment and
broadband communications converge competitive conditions for high-speed
and which enables planning and wireless
broadband
communications
provision of integrated multi-territorial converge and which enables planning
networks and services and economies and
provision
of
integrated,
of scale, thereby fostering innovation,
interoperable,
open
multi-territorial
economic growth and the long-term networks and services and economies of
benefit of end users.
scale, thereby fostering innovation,
economic growth and the long-term
benefit of end users.
The national competent authorities The national competent authorities shall
deleted
shall refrain from applying procedures refrain from applying procedures or
or imposing conditions for the use of imposing conditions for the use of radio
radio spectrum which may unduly spectrum which may unduly impede
impede
European
electronic European electronic communications
communications
providers
from providers from providing integrated
providing
integrated
electronic electronic communications networks and
communications networks and services services in several Member States or
in several Member States or throughout throughout the Union.
They shall ensure
the Union.
that the development of such a wireless
space does not unduly impede, by
creating interferences, the operation of
existing services or applications in the
concerned spectrum bands as well as in
adjacent bands.
2. The national competent authorities 2. The national competent authorities
deleted
shall
apply
the
least
onerous shall
apply
the
least
onerous
authorisation
system
possible
for authorisation
system
possible
for
allowing the use of radio spectrum, on allowing the use of radio spectrum, on
the basis of objective, transparent, the basis of objective, transparent, non-
nondiscriminatory and proportionate discriminatory
and
proportionate
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criteria, in such a way as to maximise criteria, in such a way as to maximise
flexibility and efficiency in radio flexibility and efficiency in radio
spectrum
use
and
to
promote spectrum
use
and
to
promote
comparable conditions throughout the comparable conditions throughout the
Union for integrated multi-territorial Union for integrated multi-territorial
investments
and
operations
by investments and operations by European
European electronic communications electronic communications providers.
providers.
3. When establishing authorisation 3. When establishing authorisation
deleted
conditions and procedures for the use conditions and procedures for the use of
of radio spectrum, national competent radio spectrum, national competent
authorities shall have regard in authorities shall have regard in particular
particular to equal treatment between to equal
objective, transparent and non-
existing and potential operators and
discriminatory
treatment
between
between
European
electronic existing and potential operators, and
as
communications providers and other
well as to collective, shared and
undertakings.
unlicensed use of spectrum. National
competent authorities shall also ensure
the coexistence between
existing and
potential
operators
and
between
European electronic communications
providers
and
other
undertakings
existing and new radio spectrum users.
To this end, they shall conduct a
comprehensive impact assessment as
well as consultations, which both shall
involve all stakeholders.
4. Without prejudice to paragraph 5, 4. Without prejudice to paragraph 5, the
deleted
the national competent authorities shall national competent authorities shall take
take into account and, where necessary, into account and, where necessary, shall
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EN
shall reconcile the following regulatory reconcile
the
following
regulatory
principles
when
establishing principles
when
establishing
authorisation
conditions
and authorisation conditions and procedures
procedures for rights of use for radio for rights of use for radio spectrum:
spectrum:
a) maximisation of end user interest, a) maximisation of end user interest,
deleted
including end users' interest in both including end users' interest in both
efficient long-term investment and efficient long-term investment and
innovation in wireless networks and innovation in wireless networks and
services and in effective competition;
services and in effective competition;
b) ensuring the most efficient use and b) ensuring the most efficient use and
deleted
effective
management
of
radio effective management of radio
spectrum
spectrum;
as well as availabity of unlicensed
spectrum;
c) ensuring predictable and comparable c) ensuring predictable and comparable
deleted
conditions to enable the planning of conditions to enable the planning of
network investments and services on a
long-term network investments and
multi-territorial
basis
and
the services on a multi-territorial basis and
achievement of scale economies;
the achievement of scale economies;
d)
ensuring
the
necessity
and d)
ensuring
the
necessity
and
deleted
proportionality
of
the
conditions proportionality
of
the
conditions
imposed,
including
through
an imposed, including through an objective
objective assessment of whether it is
and transparent assessment of whether
justified
to
impose
additional it is justified to impose additional
conditions which could be in favour of conditions which could be in favour of
or to the detriment of certain operators; or to the detriment of certain operators;
e) ensuring wide territorial coverage of e) ensuring wide territorial coverage of
deleted
high-speed
wireless
broadband high-speed wireless broadband networks
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networks
and
a
high
level
of and a high level of penetration and
penetration and consumption of related consumption of related services
at the
services.
same time taking account of the public
interest and the social, cultural and
economic value of spectrum as a whole.
ea) ensuring that any change in policy
with regard to the efficient use of
spectrum takes account of its impact on
the public interest in terms of harmful
interference and costs.
5. When considering whether to
[no changes]
deleted
impose any of the specific conditions
in respect of rights of use of radio
spectrum referred to in Article 10,
national competent authorities shall
have particular regard to the criteria
laid down in that Article.
5a. National competent authorities
shall ensure that information is
available on authorisation conditions
and procedures for the use of radio
spectrum, and allow stakeholders to
present their views during the process.
Article 10 –Relevant criteria to be
[no changes]
deleted
taken in account for use of radio
spectrum
1. When determining the amount and
[no changes]
deleted
type of radio spectrum to be assigned
in a given procedure for granting rights
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of use for radio spectrum, the national
competent authorities shall have regard
to the following:
(a) the technical characteristics of (a) the technical characteristics
and the deleted
different available radio spectrum
current and planned use of different
bands,
available radio spectrum bands,
(b) the possible combination in a single
[no changes]
deleted
procedure of complementary bands;
and
(c) the relevance of coherent portfolios
[no changes]
deleted
of radio spectrum rights of use in
different
Member
States
to
the
provision of networks or services to the
entire Union market or a significant
part thereof.
2. When determining whether to
[no changes]
deleted
specify any minimum or maximum
amount of radio spectrum, which
would be defined in respect of a right
of use in a given band or in a
combination of complementary bands,
national competent authorities shall
ensure:
(a) the most efficient use of the radio (a) the most efficient use of the radio
deleted
spectrum in accordance with Article spectrum in accordance with Article
9(4)(b), taking into account the 9(4)(b),
taking
into
account
the
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characteristics of the band or bands characteristics
and the current and
concerned;
planned use of the band or bands
concerned;
(b) efficient network investment in
[no changes]
deleted
accordance with Article 9(4)(a). This
paragraph shall be without prejudice to
the application of paragraph 5 as
regards conditions defining maximum
amounts of radio spectrum.
3. National competent authorities shall National competent authorities shall
deleted
ensure that the fees for rights of use for ensure that the fees for rights of use for
radio spectrum, if any:
radio spectrum
of all types , if any:
(a) appropriately reflect the social and (a) appropriately reflect the social
, deleted
economic value of the radio spectrum,
cultural and economic value of the radio
including beneficial externalities;
spectrum,
including
beneficial
externalities;
(b) avoid under-utilisation and foster (b) avoid under-utilisation and foster
deleted
investment in the capacity, coverage investment in capacity, coverage and
and quality of networks and services;
quality of networks and services;
(c) avoid discrimination and ensure (c) avoid discrimination and ensure
deleted
equality
of
opportunity
between equality
of
opportunity
between
operators, including between existing operators, including between existing
and potential operators;
and potential operators;
(d) achieve an optimal distribution (d) achieve an optimal distribution
deleted
between immediate and, if any, between immediate and, if any,
upfront
periodic payments, having regard in
and, preferably, periodic payments,
particular to the need to incentivise having regard in particular to the need to
rapid network roll-out and radio incentivise rapid network roll-out and
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spectrum utilisation in accordance with radio spectrum utilisation in accordance
Article 9(4)(b) and (e).
with Article 9(4)(b) and (e);
(da) are paid not more than one year
before operators can start using the
radio spectrum.
The
technical
and
regulatory
conditions attached to the rights of use
for radio spectrum shall be defined and
available
to
the
operators
and
stakeholders prior the start of the
auction process.
This paragraph shall be without This
paragraph
shall
be
without
deleted
prejudice
to
the
application
of prejudice to the application of paragraph
paragraph 5 as regards any conditions 5 as regards any conditions resulting in
resulting in differentiated fees between differentiated fees between operators
operators which are laid down with a which are laid down with a view to
view
to
promoting
effective promoting effective competition.
competition.
4. National competent authorities may
[no change]
deleted
impose obligations to reach minimum
territorial coverage only when they are
necessary
and
proportionate,
in
accordance with Article 9(4)(d), to
achieve specific objectives of general
interest determined at national level.
When imposing such obligations, the
national competent authorities shall
have regard to the following:
(a) any pre-existing coverage of the
[no change]
deleted
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national territory by the relevant
services,
or
by
other
electronic
communications services;
(b) the minimisation of the number of
[no change]
deleted
operators potentially subject to such
obligations;
(c) the possibility of burden sharing
[no change]
deleted
and
reciprocity
among
various
operators, including providers of other
electronic communications services;
(d) the investments required to achieve
[no change]
deleted
such coverage and the need to reflect
these in the applicable fees;
(e) the technical suitability of the
[no change]
deleted
relevant bands for efficient provision of
wide territorial coverage.
5. When determining whether to
[no change]
deleted
impose any of the measures to promote
effective competition provided for in
Article
5(2)
of
Decision
No
243/2012/EC
of
the
European
Parliament and the Council,29 national
competent authorities shall base their
decision on an objective, prospective
assessment of the following, taking
into account market conditions and
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available benchmarks:
(a)
whether
or
not
effective
[no change]
deleted
competition is likely to be maintained
or achieved in the absence of such
measures, and
(b) the likely effect of such temporary
[no change]
deleted
measures on existing and future
investments by market operators.
6. National competent authorities shall
[no change]
deleted
determine conditions under which
undertakings may transfer or lease part
or all of their individual rights to use
radio spectrum to other undertakings,
including the sharing of such radio
spectrum. When determining those
conditions,
national
competent
authorities shall have regard to the
following:
(a) optimisation of efficient radio
[no change]
deleted
spectrum use in accordance with
Article 9(4)(b);
(b) enabling the exploitation of
[no change]
deleted
beneficial sharing opportunities;
(c) reconciliation of the interests of
[no change]
deleted
existing and potential right-holders;
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(d) creation of a better-functioning,
[no change]
deleted
more liquid market for access to radio
spectrum. This paragraph shall be
without prejudice to the application of
competition rules to undertakings.
7. National competent authorities shall
[no change]
deleted
authorise the sharing of passive and
active infrastructure and the joint roll-
out of infrastructure for wireless
broadband communications, taking into
account:
(a) the state of infrastructure-based
[no change]
deleted
competition and any additional service-
based competition;
(b) the requirements of efficient radio
[no change]
deleted
spectrum use;
(c) increased choice and a higher
[no change]
deleted
quality of service for end users;
(d) technological innovation. This
[no change]
deleted
paragraph shall be without prejudice to
the application of competition rules to
undertakings.
Article 11 – Additional provisions
[no changes]
deleted
related to conditions for use of radio
spectrum
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1. Where the technical conditions for 1. Where the technical conditions for the
deleted
the availability and efficient use of availability
and
efficient
use
of
harmonised radio spectrum for wireless harmonised radio spectrum for wireless
broadband communications make it broadband communications make it
possible to use the relevant radio possible to use the relevant radio
spectrum under a general authorisation spectrum under a general authorisation
regime, national competent authorities regime, national competent authorities
shall avoid imposing any additional shall avoid imposing any additional
condition and shall prevent any condition
and
shall
prevent
any
alternative use from impeding the alternative use from impeding the
effective
application
of
such effective application of such harmonised
harmonised regime.
regime.
This shall be without prejudice
to the provisions of Article 2(8).
2. National competent authorities shall
[no change]
deleted
establish
authorisation
conditions
whereby an individual authorisation or
right of use may be revoked or
cancelled in case of persistent failure to
use the relevant radio spectrum. The
revocation or cancellation may be
subject to appropriate compensation
when the failure to use the radio
spectrum is due to grounds beyond the
control of the operator, and is
objectively justified.
3. National competent authorities shall
[no change]
deleted
consider the need to establish, in
conformity with competition rules, and
with a view to the timely freeing up or
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sharing of sufficient harmonised radio
spectrum in cost-efficient bands for
high-capacity
wireless
broadband
services:
(a)
appropriate
compensation
or
[no change]
deleted
incentive payments to existing users or
radio spectrum usage right holders,
inter alia through incorporation in the
bidding system or fixed amount for
rights of use; or
(b) incentive payments to be paid by
[no change]
deleted
existing users or radio spectrum usage
right holders.
4. The national competent authorities
[no change]
deleted
shall consider the need to fix
appropriate
minimum
technology
performance levels for different bands
in accordance with Article 6(3) of
Decision No 243/2012/EC with a view
to improving spectral efficiency and
without prejudice to measures adopted
under Decision No 676/2002. When
fixing those levels, they shall in
particular:
(a) have regard to the cycles of
[no change]
deleted
technology
development
and
of
renewal of equipment, in particular
terminal equipment; and
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(b) apply the principle of technology
[no change]
deleted
neutrality to achieve the specified
performance level, in accordance with
Article 9 of Directive 2002/21/EC.
Article 12- Harmonisation of certain
[no changes]
deleted
authorisation conditions relative to
wireless broadband communications
1. National competent authorities shall 1.
Taking full account of Directive deleted
establish timetables for the granting or
2002/21/EC, in particular Articles 7, 8,
reassignment of rights of use, or for the
8a, 9 and 9a thereof, Decision No
renewal of those rights under the terms
676/2002/EU
and
Decision
No
of existing rights, which shall apply to
243/2012/EU, in particular Articles 2,
radio spectrum harmonised for wireless
3, 5 and 6 thereof, national competent
broadband communications.
authorities shall establish timetables for
the granting or reassignment of rights of
use, or for the renewal of those rights
under the terms of existing rights, which
shall
apply
to
radio
spectrum
harmonised for wireless broadband
communications.
The duration of the rights of use or the
deleted
deleted
dates for subsequent renewal shall be
set well in advance of the relevant
procedure included in the timetable
referred to in the first subparagraph.
The timetables, durations and renewal
cycles shall take account of the need
for
a
predictable
investment
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EN
environment, the effective possibility
to release any relevant new radio
spectrum
bands
harmonised
for
wireless broadband communications
and of the period for amortisation of
related investments under competitive
conditions.
2. In order to ensure a coherent 2. In order to ensure a coherent
deleted
implementation
of
paragraph
1 implementation
of
paragraph
1
throughout the Union and in particular throughout the Union and in particular to
to enable the synchronised availability enable the synchronised availability of
of wireless services within the Union, wireless services within the Union, the
the Commission may, by way of Commission may
shall, by way of
implementing acts:
implementing acts
to be adopted within
one year from the date of entry into
force of this Regulation:
(a) establish a common timetable for (a) establish a common timetable for the
deleted
the Union as a whole, or timetables Union as a whole, or timetables
appropriate to the circumstances of appropriate to the circumstances of
different categories of Member States, different categories of Member States,
the date or dates by which individual the date or dates by which individual
rights of use for a harmonised band, or rights of use for a harmonised band, or a
a combination of complementary combination
of
complementary
harmonised bands, shall be granted and harmonised bands, shall be granted and
actual use of the radio spectrum shall actual use of the radio spectrum shall be
be allowed for exclusive or shared allowed
for
exclusive
or
shared
provision
of
wireless
broadband provision
of
wireless
broadband
communications throughout the Union; communications throughout the Union;
(b) determine a minimum duration for (b) determine a minimum duration
that deleted
the rights granted in the harmonised
is no less than 25 years, for the rights
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bands;
granted in the harmonised bands
, and in
any case for a duration appropriate to
incentivise investment, innovation and
competition, and discourage the under-
use or 'hoarding' of spectrum; or
determine that the rights are to be
granted for an indefinite duration;
(c) determine, in the case of rights (c) determine, in the case of rights which
deleted
which are not indefinite in character, a are not indefinite in character, a
synchronised expiry or renewal date for synchronised expiry or renewal date for
the Union as a whole;
the Union as a whole;
(d) define the date of expiry of any (d) define the date of expiry of any
deleted
existing rights of use of harmonised existing rights of use of
by which, in
bands
other
than
for
wireless
bands harmonised bands other than for
broadband communications, or, in the wireless broadband communications, or,
case of rights of indefinite duration, the in the case of rights of indefinite
date by which the right of use shall be duration, the date by which the right of
amended, in order to allow the use
an existing right of use of spectrum
provision
of
wireless
broadband shall be amended, in order to allow the
communications.
provision
of
wireless
broadband
communications.
Those implementing acts shall be Those implementing acts shall be
deleted
adopted in accordance with the adopted
in
accordance
with
the
examination procedure referred to in examination procedure referred to in
Article 33(2).
Article 33(2)
as well as without
prejudice to the provisions set in article
9 (3) and (4) of Directive 2002/21/EC.
3. The Commission may also adopt
Subject
to
Article
8a(4),
the
deleted
implementing acts harmonising the Commission may
shall also adopt
date of expiry or renewal of individual implementing acts
within one year from
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rights to use radio spectrum for
the date of entry into force of this
wireless broadband in harmonised
Regulation, harmonising the date of
bands, which already exist at the date expiry or renewal of individual rights to
of adoption of such acts, with a view to use
radio
spectrum
for
wireless
synchronising throughout the Union broadband in harmonised bands, which
the date for renewal or reassignment of already exist at the date of adoption of
rights of use for such bands, including such acts, with a view to synchronising
possible synchronisation with the date throughout the Union the date for
of renewal or reassignment of other renewal or reassignment of rights of use
bands harmonised by implementing for such bands, including possible
measures adopted in accordance with synchronisation with the date of renewal
paragraph 2 or with this paragraph. or
reassignment
of
other
bands
Those implementing acts shall be harmonised by implementing measures
adopted in accordance with the adopted in accordance with paragraph 2
examination procedure referred to in or
with
this
paragraph.
Those
Article 33(2).
implementing acts shall be adopted in
accordance
with
the
examination
procedure referred to in Article 33(2).
Where implementing acts provided for Where implementing acts provided for
deleted
in this paragraph define a harmonised in this paragraph define a harmonised
date for renewal or reassignment of date for renewal or reassignment of
rights of use of radio spectrum which rights of use of radio spectrum which
falls after the date of expiry or renewal falls after the date of expiry or renewal
of any existing individual rights of use of any existing individual rights of use
of such radio spectrum in any of the of such radio spectrum in any of the
Member States, the national competent Member States, the national competent
authorities shall extend the existing authorities shall extend the existing
rights until the harmonised date under
duration of those rights until the
the
same
previously
applicable harmonised date under the same
substantive authorisation conditions, previously
applicable
substantive
including any applicable periodic fees.
authorisation
of use shall be extended
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EN
without prejudice to other conditions
including any applicable periodic fees
attached to those rights.
Where the extension period granted in
deleted
deleted
accordance
with
the
second
subparagraph
is
significant
in
comparison with the original duration
of the rights of use, national competent
authorities may subject the extension of
rights to any adaptations of the
previously
applicable
authorisation
conditions which are necessary in the
light of the changed circumstances, EN
42 EN including the imposition of
additional fees. These additional fees
shall be based on an application pro
rata temporis of any initial fee for the
original rights of use which was
expressly calculated by reference to the
originally foreseen duration.
The implementing acts provided for in The implementing acts provided for in
deleted
this paragraph shall not require the this paragraph shall not require the
shortening of the duration of existing shortening of the duration of existing
rights of use in any Member State rights of use in any Member State except
except in accordance with Article 14(2) in accordance with Article 14(2) of
of Directive 2002/20/EC and shall not Directive 2002/20/EC and shall not
apply to existing rights of indefinite apply to existing rights of indefinite
duration.
duration.
Where the Commission adopts an Where the Commission adopts an
deleted
implementing
act
pursuant
to implementing act pursuant to paragraph
paragraph 2, it may apply the 2, it may apply the provisions of this
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EN
provisions of this paragraph mutatis paragraph mutatis mutandis to any rights
mutandis to any rights of use of the of use of the harmonised band concerned
harmonised
band
concerned
for for wireless broadband.
wireless broadband.
4. When adopting the implementing [no changes]
deleted
acts provided for in paragraphs 2 and 3,
the Commission shall have regard to:
(a) the regulatory principles set out in [no changes]
deleted
Article 9 ;
(b) objective variations across the [no changes]
deleted
Union in the needs for additional radio
spectrum
for
wireless
broadband
provision, while taking into account
common radio spectrum needs for
integrated networks covering several
Member States;
(c) the predictability of operating [no changes]
deleted
conditions for existing radio spectrum
users;
(d) the take-up, development and [no changes]
deleted
investment
cycles
of
successive
generations of wireless broadband
technologies;
(e) end-user demand for high-capacity [no changes]
deleted
wireless broadband communications.
In determining timetables for different
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EN
categories of Member States which
have not already granted individual
rights of use and allowed actual use of
the harmonised band in question, the
Commission shall have due regard to
any submissions made by Member
States
regarding
the
way
radio
spectrum rights have been historically
granted, the grounds of restriction
provided for in in Article 9(3) and (4)
of Directive 2002/21/EC, the possible
need to vacate the band in question, the
effects on competition or geographical
or technical constraints, taking into
account the effect on the internal
market. The Commission shall ensure
that implementation is not unduly
deferred and that any variation in
timetables between Member States
does not result in undue differences in
the competitive or regulatory situations
between Member States.
5. Paragraph 2 shall be without [no changes]
deleted
prejudice to the right of the Member
States to grant rights of use for and to
allow actual use of a harmonised band
before the adoption of an implementing
act in respect of that band, subject to
compliance
with
the
second
subparagraph of this paragraph, or in
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EN
advance of the harmonised date
established by an implementing act for
that band.
Where national competent authorities Where national competent authorities
deleted
grant rights of use in a harmonised grant rights of use in a harmonised band
band before the adoption of an before the adoption of an implementing
implementing act in respect of that act in respect of that band, they shall
band, they shall define the conditions define the conditions of such grant, and
of such grant, and in particular those in particular those relative to duration, in
relative to duration, in such a way that such a way that beneficiaries of the
beneficiaries of the rights of use are rights of use are made aware of the
made aware of the possibility that the possibility that the Commission would
Commission
would
adopt
will
adopt
implementing
acts
in
implementing acts in accordance with accordance
with
paragraph
2
paragraph 2 establishing a minimum establishing a minimum duration of such
duration
of
such
rights
or
a rights or a synchronised expiry or
synchronised expiry or renewal cycle renewal cycle for the Union as a whole.
for the Union as a whole. This This subparagraph shall not apply to the
subparagraph shall not apply to the grant of rights of indefinite duration.
grant of rights of indefinite duration.
6. For the harmonised bands for which For the harmonised bands for which a
deleted
a common timetable for granting rights common timetable for granting rights of
of use and allowing actual use has been use and allowing actual use has been
established in an implementing act established in an implementing act
adopted in accordance with paragraph adopted in accordance with paragraph 2,
2, national competent authorities shall national competent authorities shall
provide timely and sufficiently detailed provide timely and sufficiently detailed
information to the Commission on their information to the Commission on their
plans to ensure compliance. The plans to ensure compliance. The
Commission may EN 43 EN adopt Commission may
shall adopt
an
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EN
implementing acts defining the format implementing acts
act defining the
and procedures for the provision of format and procedures for the provision
such information. Those implementing of such information
within one year
acts shall be adopted in accordance
from the date of entry into force of this
with
the
examination
procedure
Regulation. Those
That implementing
referred to in Article 33(2).
acts act shall be adopted in accordance
with the examination procedure referred
to in Article 33(2).
Where the Commission considers,
[no change]
deleted
upon reviewing such detailed plans
provided by a Member State, that it is
unlikely that the Member State in
question will be able to comply with
the timetable applicable to it, the
Commission may adopt a decision by
means of implementing act requiring
that Member State to adapt its plans in
an appropriate way to ensure such
compliance.
Article 12a
Joint authorisation process to grant
individual rights of use of radio
spectrum
1. Two or several Member States may
cooperate with each other, and with the
Commission,
in
meeting
their
obligations under Article 6 and 7 of the
Authorisation Directive with a view to
establish a joint authorisation process
to grant individual rights of use of
radio
spectrum,
in
line,
where
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EN
applicable, with any common timetable
established in accordance with Article
12(2). The joint authorisation process
shall meet the following criteria:
(a)
the
individual
national
authorisation
processes
shall
be
initiated and implemented by the
national
competent
authorities
according to a common schedule;
(b) it shall provide where appropriate
for common conditions and procedures
for the selection and granting of
individual rights among the Member
States concerned;
(c) it shall provide where appropriate
for common or comparable conditions
to be attached to the individual rights of
use
among
the
Member
States
concerned inter alia allowing operators
to be granted consistent spectrum
portfolios with regard to the spectrum
blocks to be assigned.
2. Where Member States intend to
establish a joint authorisation process,
the national competent authorities
concerned shall simultaneously make
their draft measures accessible to the
Commission
and
the
competent
authorities. The Commission shall
inform the other Member States.
3. A joint authorisation process shall be
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EN
open at any time to other Member
States.
Article 13 –Coordination of
[no changes]
deleted
authorisation procedures and
conditions for the use of radio
spectrum for wireless broadband in
the internal market
1.
Where
a
national
competent
[no change]
deleted
authority intends to subject the use of
radio
spectrum
to
a
general
authorisation or to grant individual
rights of use of radio spectrum, or to
amend rights and obligations in relation
to the use of radio spectrum in
accordance with Article 14 of Directive
2002/20/EC, it shall make accessible
its draft measure, together with the
reasoning thereof, simultaneously to
the Commission and the competent
authorities for radio spectrum of the
other Member States, upon completion
of the public consultation referred to in
Article 6 of Directive 2002/21/EC, if
applicable, and in any event only at a
stage in its preparation which allows it
to provide to the Commission and the
competent authorities of the other
Member States sufficient and stable
information on all relevant matters.
The national competent authority shall
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EN
provide
information
which
shall
include at least the following matters,
where applicable:
(a) the type of authorisation process;
[no change]
deleted
(b) the timing of the authorisation
[no change]
deleted
process;
(c) the duration of the rights of use;
(c) the duration of the rights of use
, deleted
which shall be no less than 25 years,
and in any case appropriate to
incentivise investment and competition,
and discourage the under-use or
'hoarding' of spectrum;
(d) the type and amount of radio
[no change]
deleted
spectrum available, as a whole or to
any given undertaking;
(e) the amount and structure of any fees
[no change]
deleted
to be paid;
(f)
compensation
or
incentives
[no change]
deleted
regarding the vacation or sharing of
radio spectrum by existing users;
(g) coverage obligations;
[no change]
deleted
(h) wholesale access, national or
[no change]
deleted
regional roaming requirements;
(i) the reservation of radio spectrum for
[no change]
deleted
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EN
certain types of operators, or the
exclusion of certain types of operators;
(j) conditions related to the assignment, (j) conditions related to the assignment
, deleted
transfer or accumulation of rights of
reassignment, transfer or accumulation
use;
of rights of use;
(k) the possibility to use radio spectrum
[no change]
deleted
on a shared basis;
(l) infrastructure sharing;
[no change]
deleted
(m) minimum technology performance
[no change]
deleted
levels;
(n) restrictions applied in accordance
[no change]
deleted
with Articles 9(3) and 9(4) of Directive
2002/21/EC; (o) a revocation or
withdrawal of one or several rights of
use or an amendment of rights or
conditions attached to such rights
which cannot be considered as minor
within the meaning of Article 14(1) of
Directive 2002/20/EC.
2. National competent authorities and
[no change]
deleted
the Commission may make comments
to the competent authority concerned
within a period of two months. The
two-month
period
shall
not
be
extended. When assessing the draft
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EN
measure in accordance with this
Article, the Commission shall have
regard in particular to:
(a) the provisions of Directives
[no change]
deleted
2002/20/EC and 2002/21/EC and
Decision No. 243/2012/EC;
(b) the regulatory principles set out in
[no change]
deleted
Article 9;
(c) the relevant criteria for certain
[no change]
deleted
specific conditions set out in Article 10
and the additional provisions set out in
Article 11;
(d) any implementing act adopted in (d) any implementing act
acts adopted in
deleted
accordance with Article 12;
accordance with Article 12;
(e) coherence with recent, pending or
[no change]
deleted
planned procedures in other Member
States, and possible effects on trade
between Member States. If, within this
period, the Commission notifies the
competent authority that the draft
measure would create a barrier to the
internal market or that it has serious
doubts as to its compatibility with
Union law, the draft measure shall not
be adopted for an additional period of
two months. The Commission shall
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EN
also inform the competent authorities
of the other Member States of the
position it has taken on the draft
measure in such a case.
3. Within the additional two-month
[no change]
deleted
period referred to in paragraph 2, the
Commission
and
the
competent
authority concerned shall cooperate
closely to identify the most appropriate
and effective measure in the light of the
criteria referred to in paragraph 2,
whilst taking due account of the views
of market participants and the need to
ensure the development of consistent
regulatory practice.
4. At any stage during the procedure,
[no change]
deleted
the competent authority may amend or
withdraw its draft measure taking
utmost account of the Commission's
notification referred to in paragraph 2.
5. Within the additional two-month
[no change]
deleted
period referred in paragraph 2, the
Commission may:
a) present a draft decision to the
[no change]
deleted
Communications Committee requiring
the competent authority concerned to
withdraw the draft measure. The draft
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EN
decision shall be accompanied by a
detailed and objective analysis of why
the Commission considers that the draft
measure should not be adopted as
notified, together where necessary with
specific proposals for amending the
draft measure; or
b) take a decision changing its position
[no change]
deleted
in relation to the draft measure
concerned.
6. Where the Commission has not
[no change]
deleted
presented a draft decision referred to in
paragraph 5(a) or takes a decision
referred to in paragraph 5(b), the
competent authority concerned may
adoptē the draft measure. Where the
Commission has presented a draft
decision referred to in accordance with
paragraph 5(a), the draft measure shall
not be adopted by the competent
authority for a period not exceeding six
months from the notification sent to the
competent
authority
pursuant
to
paragraph 2. The Commission may
decide to change its position in relation
to the draft measure concerned at any
stage of the procedure, including after
the submission of a draft decision to
the Communications Committee.
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EN
7. The Commission shall adopt any
[no change]
deleted
decision
requiring
the
competent
authority to withdraw its draft measure
by means of implementing acts. Those
implementing act shall be adopted in
accordance
with
the
examination
procedure referred to in Article 33(2).
8. Where the Commission has adopted
[no change]
deleted
a
decision
in
accordance
with
paragraph 7, the competent authority
shall amend or withdraw the draft
measure within six months of the date
of notification of the Commission's
decision. When the draft measure is
amended, the competent authority shall
undertake a public consultation where
appropriate, and shall make the
amended draft measure accessible to
the Commission in accordance with
paragraph 1.
9. The competent authority concerned
[no change]
deleted
shall take the utmost account of any
comments of competent authorities of
the other Member States and the
Commission and may, except in cases
covered by the third sub-paragraph of
paragraph 2, by the second sub-
paragraph of paragraph 6 and by
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EN
paragraph 7, adopt the resulting draft
measure and where it does so, shall
communicate it to the Commission.
10. The competent authority shall
[no change]
deleted
inform the Commission of the results
of the procedure to which its measure
relates once that procedure has been
concluded.
Article 14 – Access to radio local
[no changes]
deleted
area networks
1. National competent authorities shall
[no change]
deleted
allow the provision of access through
radio local area networks to the
network of a provider of electronic
communications to the public as well
as the use of the harmonised radio
spectrum for such provision, subject
only to general authorisation.
2. National competent authorities shall
[no change]
deleted
not prevent providers of electronic
communications to the public from
allowing access for the public to their
networks, through radio local area
networks, which may be located at an
end
user's
premises,
subject
to
compliance
with
the
general
authorisation conditions and the prior
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EN
informed agreement of the end user.
3.
Providers
of
electronic
[no change]
deleted
communications to the public shall not
unilaterally restrict:
a) the right of end users to accede to
[no change]
deleted
radio local area networks of their
choice provided by third parties;
b) the right of end users to allow
[no change]
deleted
reciprocally or more generally access
to the networks of such providers by
other end users through radio local area
networks, including on the basis of
third-party initiatives which federate
and make publicly accessible the radio
local area networks of different end
users.
4. National competent authorities shall
[no change]
deleted
not restrict the right of end users to
allow reciprocally or more generally
access to their radio local area
networks by other end users, including
on the basis of third-party initiatives
which federate and make publicly
accessible the radio local area networks
of different end users.
5. National competent authorities shall
[no change]
deleted
not restrict the provision of public
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EN
access to radio local area networks:
(a) by public authorities on or in the
[no change]
deleted
immediate
vicinity
of
premises
occupied by such publicē authorities,
when it is ancillary to the public
services provided on such premises;
(b) by initiatives of non-governmental
[no change]
deleted
organisations or public authorities to
federate and make reciprocally or more
generally accessible the radio local area
networks of different end users,
including, where applicable, the radio
local area networks to which public
access is provided in accordance with
sub-point (a).
6. An undertaking, public authority or
[no change]
deleted
other end user shall not be deemed to
be
a
provider
of
electronic
communications to the public solely by
virtue of the provision of public access
to radio local area networks, where
such provision is not commercial in
character, or is merely ancillary to
another commercial activity or public
service which is not dependent on the
conveyance
of
signals
on
such
networks.
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EN
Article 15 –Deployment and
[no changes]
deleted
operation of small-area wireless
access points
1. National competent authorities shall
[no change]
deleted
allow the deployment, connection and
operation of unobtrusive small-area
wireless access points under the
general authorisation regime and shall
not unduly restrict that deployment,
connection
or
operation
through
individual town planning permits or in
any other way, whenever such use is in
compliance
with
implementing
measures
adopted
pursuant
to
paragraph 2. This paragraph is without
prejudice to the authorisation regime
for the radio spectrum employed to
operate small-area wireless access
points.
2. For the purposes of the uniform 2. For the purposes of the uniform
deleted
implementation
of
the
general implementation
of
the
general
authorisation
regime
for
the authorisation regime for the deployment,
deployment, connection and operation connection and operation of small-area
of small-area wireless access points wireless access points pursuant to
pursuant
to
paragraph
1,
the paragraph 1, the Commission may
shall,
Commission may, by means of an by means of an implementing act
to be
implementing act, specify technical
adopted within one year from the date
characteristics
for
the
design,
of entry into force of this Regulation,
deployment and operation of small-
specify technical characteristics for the
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EN
area wireless access points, compliance design, deployment and operation of
with
which
shall
ensure
their small-area
wireless
access
points,
unobtrusive character when in use in compliance with which shall ensure their
different
local
contexts.
The unobtrusive character when in use in
Commission
shall
specify
those different
local
contexts.
The
technical characteristics by reference to Commission
shall
specify
those
the
maximum
size,
power
and technical characteristics by reference to
electromagnetic characteristics, as well the
maximum
size,
power
and
as the visual impact, of the deployed electromagnetic characteristics, as well
small-area wireless access points. as the visual impact, of the deployed
Those technical characteristics for use small-area wireless access points. Those
of smallarea wireless access points technical characteristics for use of small-
shall at a minimum comply with the area wireless access points shall at a
requirements
of
Directive minimum comply with the requirements
2013/35/EU19 and with the thresholds of Directive 2013/35/EU30 and with the
defined in Council Recommendation thresholds
defined
in
Council
No 1999/519/EC20.
Recommendation No 1999/519/EC31.
The characteristics specified in order The
technical characteristics specified in
deleted
for the deployment, connection and order for the deployment, connection
operation of smallarea wireless access and operation of small-area wireless
point to benefit from paragraph 1 shall access point to benefit from paragraph 1
be without prejudice to the essential shall be without prejudice to the
requirements of Directive 1999/5/EC essential requirements of Directive
of the European Parliament and the 1999/5/EC of the European Parliament
30 Directive 2013/35/EU of the European Parliament and of the Council of 26 June 2013 on the minimum health and safety requirements
regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (20th individual Directive within the
meaning of Article 16(1) of Directive 89/391/EEC) and repealing Directive 2004/40/EC (OJ L 179, 29.6.2013, p. 1).
31 Recommendation 1999/519/EC of the Council of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0
Hz to 300 GHz) (OJ L 1999, 30.7.1999, p. 59).
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EN
Council relative to the placing on the and the Council relative to the placing
market of such products32.
on the market of such products21.
Article 16 – Radio spectrum
deleted
deleted
coordination among Member States
1.
Without
prejudice
to
their
deleted
deleted
obligations under relevant international
agreements
including
ITU
Radio
Regulations, the national competent
authorities shall ensure that the use of
radio spectrum is organised on their
territory, and shall in particular take all
necessary radio spectrum allocation or
assignment measures, in order that no
other Member State is impeded from
allowing on its territory the use of a
specific
harmonised
band
in
accordance with Union legislation.
2. Member States shall cooperate with
deleted
deleted
each
other
in
the
cross-border
coordination of the use of radio
spectrum in order to ensure compliance
with paragraph 1 and to ensure that no
Member State is denied equitable
access to radio spectrum.
3. Any concerned Member State may
deleted
deleted
32 Directive 1999/5/EC of the European Parliament and the Council of 9 March 1999 on radio equipment and telecommunications terminal
equipment and the mutual recognition of their conformity (OJ L 91, 7.4.1999, p. 10).
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EN
invite the Radio Spectrum Policy
Group to use its good offices to assist it
and any other Member State in
complying with this Article. The
Commission may adopt implementing
measures to ensure that coordinated
outcomes respect the requirement of
equitable access to radio spectrum
among the relevant Member States, to
resolve any practical inconsistencies
between distinct coordinated outcomes
between different Member States, or to
ensure the enforcement of coordinated
solutions under Union law.Those
implementing acts shall be adopted in
accordance
with
the
examination
procedure referred to in Article 33(2).
Section 2 – European virtual access
deleted
deleted
products Article 17 – European
virtual broadband access producēt
1. The provision of a virtual broadband
deleted
deleted
access product imposed in accordance
with Article 8 and 12 of Directive
2002/19/EC shall be considered as the
provision of a European virtual
broadband access product if it is
supplied in accordance with the
minimum parameters listed in one of
the Offers set out in Annex I and
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EN
cumulatively meets the following
substantive requirements:
(a) ability to be offered as a high
deleted
deleted
quality product anywhere in the Union;
(b) maximum degree of network and
deleted
deleted
service
interoperability
and
non-
discriminatory network management
between operators consistently with
network topology;
(c) capacity to serve end-users on
deleted
deleted
competitive terms;
(d) cost-effectiveness, taking into
deleted
deleted
account the capacity to be implemented
on existing and newly built networks
and to co-exist with other access
products that may be provided on the
same network infrastructure;
(e)
operational
effectiveness,
in
deleted
deleted
particular in respect of limiting to the
extent
possible
implementation
obstacles and deployment costs for
virtual broadband access providers and
virtual broadband access seekers;
(f) respect of the rules on protection of
deleted
deleted
privacy, personal data, security and
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EN
integrity of networks and transparency
in conformity with Union law.
2.
The
Commission
shall
be
deleted
deleted
empowered to adopt delegated acts in
accordance with Article 32 in order to
adapt Annex I in light of market and
technological developments, so as to
continue to meet the substantive
requirements listed in paragraph 1.
Article 17a
Wholesale high-quality access
products allowing the provision of
business communications services
1. National Regulatory Authorities
shall consider the proportionality of
imposing on providers of electronic
communications services designated in
accordance with article 16 of Directive
2002/21/EC (Framework Directive) as
having significant market power in a
relevant
market
relating
to
the
provision of wholesale high-quality
electronic communications services an
obligation to publish a wholesale
reference offer taking into account the
BEREC guidelines referred to in
paragraph 2. This consideration should
take place within one month after the
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publication of the BEREC guideline.
2. By 31 December 2015 BEREC shall,
after consulting stakeholders and in
cooperation with the Commission lay
down
guidelines
specifying
the
elements to be included in the reference
offer. The guidelines should cover
terminating segments of leased lines as
a minimum and may cover other
business wholesale access products that
BEREC deems appropriate taking into
account retail and wholesale demand
as well as regulatory best practices.
NRAs may require additional elements
to be included in the reference offer.
BEREC shall review these guidelines
regularly in light of market and
technological developments.
Article 18 – Regulatory conditions
deleted
deleted
related to European virtual
broadband access producēt
1. A national regulatory authority
deleted
deleted
which has previously imposed on an
operator in accordance with Articles 8
and 12 of Directive 2002/19/EC any
obligation to provide wholesale access
to a next-generation network shall
assess whether it would be appropriate
and proportionate to impose instead an
obligation to supply a European virtual
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broadband
access
product
which
provides
at
least
equivalent
functionalities to the currently imposed
wholesale access products National
regulatory authorities referred to in the
first subparagraph shall conduct the
requisite
assessment
of
existing
wholesale access remedies as soon as
possible after the entry into force of
this Regulation, irrespective of the
timing of the analysis of relevant
markets in accordance with Article
16(6) of Directive 2002/21/EC. Where
a national regulatory authority which
has previously imposed an obligation
to provide virtual broadband access
considers, following its assessment
pursuant to the first subparagraph, that
a European virtual broadband access
product is not appropriate in the
specificē circumstances, it shall
provide a reasoned explanation in its
draft measure in accordance with the
procedure set out in Articles 6 and 7 of
Directive 2002/21/EC.
2.
Where
a
national
regulatory
deleted
deleted
authority intends to impose on an
operator an obligation to provide
wholesale access to a next-generation
network in accordance with Articles 8
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and 12 of Directive 2002/19/EC, it
shall assess in particular, in addition to
the factors set out in Article 12(2) of
that Directive, the respective merits of
imposing
(i) a passive wholesale input, such as
deleted
deleted
physical unbundled access to the local
loop or the subloop;
(ii) a non-physical or virtual wholesale
deleted
deleted
input
offering
equivalent
functionalities, and in particular a
European virtual broadband access
product that satisfies the substantive
requirements and parameters set out in
Article 17(1) and in Annex I, point 1,
of this Regulation.
3. By way of derogation from Article
deleted
deleted
12(3) of Directive 2002/19/EC, where
a national regulatory authority intends
to impose on an operator an obligation
to provide virtual broadband access in
accordance with Articles 8 and 12 of
that Directive, it shall impose an
obligation to supply a European virtual
broadband access product which has
the most relevant functionalities to
meet the regulatory need identified in
its assessment. Where a national
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regulatory authority considers that a
European virtual broadband access
product would not be appropriate in the
specific circumstances, it shall provide
a reasoned explanation in its draft
measure in accordance with the
procedure set out in Articles 6 and 7 of
Directive 2002/21/EC.
4.
When
assessing
pursuant
to
deleted
deleted
paragraphs 1, 2 or 3 whether to impose
a European virtual broadband access
product instead of any other possible
wholesale access product, the national
regulatory authority shall have regard
to the interest in convergent regulatory
conditions throughout the Union for
wholesale access remedies, the current
and prospective state of infrastructure-
based competition and the evolution of
market conditions towards provision of
competing next-generation networks,
to investments made respectively by
the operator designated as having
significant market power and by
access-seekers, and to the amortisation
period for such investments. The
national regulatory authority shall set a
transitional period for replacing an
existing wholesale access product by a
European virtual broadband access
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product if necessary.
5. By way of derogation from Article
deleted
deleted
9(3) of Directive 2002/19/EC, where
an operator has obligations under
Articles 8 and 12 of that Directive to
provide a European virtual broadband
access product, national regulatory
authorities shall ensure the publication
of a reference offer containing at least
the elements set out in Annex I, point
1, point 2 or point 3, as the case may
be.
6. By way of derogation from Article
deleted
deleted
16(3) of Directive 2002/21/EC, a
national regulatory authority shall not
impose a mandatory period of notice
before
withdrawing
a
previously
imposed obligation to offer a European
virtual broadband access product that
satisfies the substantive requirements
and parameters set out in Article 17(1)
and in Annex I, point 2 of EN 49 EN
this
Regulation,
if
the
operator
concerned voluntarily commits to make
such product available at the request of
third parties on fair and reasonable
terms for a further period of three
years.
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7.
Where
a
national
regulatory
deleted
deleted
authority is considering, in the context
of
an
assessment
pursuant
to
paragraphs 2 or 3, whether or not to
impose or maintain price controls in
accordance with Article 13 of Directive
2002/19/EC for wholesale access to
next-generation networks, whether by
means of one of the European virtual
broadband
access
products
or
otherwise, it shall consider the state of
competition in respect of the prices,
choice and quality of products offered
at retail level. It shall have regard to the
effectiveness of protection against
discrimination at wholesale level and to
the
state
of
infrastructure-based
competition from other fixed line or
wireless networks, giving due weight
to
the
role
of
existing
infrastructurebased
competition
between next-generation networks in
driving further improvements in quality
for end users, in order to determine
whether price controls for wholesale
access would not be necessary or
proportionate in the specific case.
Article 19 – Assured service quality
deleted
deleted
(ASQ) connectivity product
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1. Any operator shall have the right to
deleted
deleted
provide a European ASQ connectivity
product as specified in paragraph 4.
2. Any operator shall meet any
deleted
deleted
reasonable request to provide a
European ASQ connectivity product as
specified in paragraph 4 submitted in
writing by an authorised provider of
electronic communications services.
Any refusal to provide a European
ASQ product shall be based on
objective criteria. The operator shall
state the reasons for any refusal within
one month from the written request. It
shall be deemed to be an objective
ground of refusal that the party
requesting the supply of a European
ASQ connectivity product is unable or
unwilling to make available, whether
within the Union or in third countries, a
European ASQ connectivity product to
the requested party on reasonable
terms, if the latter so requests.
3. Where the request is refused or
deleted
deleted
agreement on specific terms and
conditions, including price, has not
been reached within two months from
the written request, either party is
entitled to refer the issue to the relevant
national regulatory authority pursuant
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to Article 20 of Directive 2002/21/EC.
In such a case, Article 3(6) of this
Regulation may apply.
4. The provision of a connectivity
deleted
deleted
product shall be considered as the
provision
of
a
European
ASQ
connectivity product if it is supplied in
accordance
with
the
minimum
parameters listed in Annex II and
cumulatively meets the following
substantive requirements:
(a) ability to be offered as a high
deleted
deleted
quality product anywhere in the Union;
(b) enabling service providers to meet
deleted
deleted
the needs of their end-users;
(c) cost-effectiveness, taking into
deleted
deleted
account existing solutions that may be
provided on the same networks;
(d)
operational
effectiveness,
in
deleted
deleted
particular in respect of limiting to the
extent
possible
implementation
obstacles and deployment costs for
customers; and
(e) ensuring that the rules on protection
deleted
deleted
of privacy, personal data, security and
integrity of networks and transparency
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EN
in accordance with Union law are
respected.
5.
The
Commission
shall
be
deleted
deleted
empowered to adopt delegated acts in
accordance with Article 32 in order to
adapt Annex II in light of market and
technological developments, so as to
continue to meet the substantive
requirements listed in paragraph 4.
Article 20 – Measures relating to
deleted
deleted
European access products
1. The Commission shall adopt by 1
deleted
deleted
January 2016 implementing acts laying
down
uniform
technical
and
methodological
rules
for
the
implementation of a European virtual
broadband access product within the
meaning of Article 17 and of Annex I,
point 1, in accordance with the criteria
and parameters specified therein and in
order to ensure the equivalence of the
functionality
of
such
a
virtual
wholesale access product to next-
generation networks with that of a
physical unbundled access product.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred to in
Article 33(2).
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2.
The
Commission
may
adopt
deleted
deleted
implementing
acts
laying
down
uniform technical and methodological
rules for the implementation of one or
more of the European access products
within the meaning of Articles 17 and
19 and of Annex I, points 2 and 3, and
Annex II, in accordance with the
respective criteria and parameters
specified therein. Those implementing
acts shall be adopted in accordance
with
the
examination
procedure
referred to in Article 33(2).
Chapter IV
Chapter IV
deleted
Harmonised rights of end-users
Harmonised
Users' rights of end-users
Article 21 – Elimination of
to open internet access
restrictions and discrimination
Article 21 – Elimination of restrictions
and discrimination
1. The freedom of end-users to use
[no change]
deleted
public
electronic
communications
networks
or
publicly
available
electronic communications services
provided by an undertaking established
in another Member State shall not be
restricted by public authorities.
2.
Providers
of
electronic
[no change]
deleted
communications to the public shall not
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EN
apply any discriminatory requirements
or conditions of access or use to end-
users
based
on
the
end-user's
nationality or place of residence unless
such
differences
are
objectively
justified.
3.
Providers
of
electronic
deleted
deleted
communications to the public shall not
apply
tariffs
for
intra-Union
communications terminating in another
Member State which are higher, unless
objectively justified:
a) as regards fixed communications,
deleted
deleted
than tariffs for domestic long-distance
communications;
b) as regards mobile communications,
deleted
deleted
than the euro-tariffs for regulated voice
and SMS roaming communications,
respectively, established in Regulation
(EC) No 531/2012.
Article 22 - Cross-border dispute
deleted
deleted
resolution
1. The out-of-court procedures set up in
deleted
deleted
accordance with Article 34 (1) of
Directive 2002/22/EC shall also apply
to disputes related to contracts between
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EN
consumers, and other end-users to the
extent
that
such
out-of-court
procedures are available also for them,
and
providers
of
electronic
communications to the public which
are established in another Member
State. For disputes within the scope of
Directive 2013/11/EU33, the provisions
of that Directive shall apply.
Article 23 - Freedom to provide and
Article 23 - Freedom to provide and
Article 23 - Freedom to provide and avail of open
avail of open internet access, and
avail of open internet access, and
internet access, and reasonable traffic management
reasonable traffic
reasonable traffic management
Safeguarding of open internet access
management
1. End-users shall be free to access and 1. End-Users shall be free
have the right 1. End-users shall be free
have the right to access and
distribute information and content, run to access and distribute information and distribute information and content, run
use and provide applications and use services of their content, run
and provide applications applications and use services
and use terminal
choice via their internet access service. and use services
and use terminals of
equipment of their choice via their internet access
End-users shall be free to enter into their choice via their internet access service
irrespective of the end-user’s or provider’s
agreements on data volumes and service.
, irrespective of the end-user’s location or the location, origin or destination of the
speeds with providers of internet access
or provider’s location or the location, service, information or content, via their internet
services and, in accordance with any
origin or destination of the service, access service in accordance with this Article. such agreements relative to data
information or content,
via their End-users shall be free to enter into agreements on data
volumes, to avail of any offers by
internet access service. End-users shall volumes and speeds with providers of internet access
providers
of
internet
content, be free to enter into agreements on data services and, in accordance with any such agreements
applications and services.
volumes and speeds with providers of relative to data volumes, to avail of any offers by
internet
access
services
and,
in providers of internet content, applications and services.
accordance with any such agreements
33 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes
and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, OJ L 165 of 18 June 2013, p.63.
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relative to data volumes, to avail of any
offers by providers of internet content,
applications and services.
[para 2 moved down, for easier [para 2 moved down, for easier 2.
Providers of internet access services and end-users
comparison with Pres para 3]
comparison with Pres para 3]
shall also be free to
may agree with either providers of
electronic communications to the public or with
providers of content, applications and services on the
provision of specialised services with an enhanced
quality of service. In order to enable the provision of
specialised services to end-users, providers of content,
applications and services and providers of electronic
communications to the public shall be free to enter into
agreements with each other to transmit the related data
volumes or traffic as specialised services with a defined
quality of service or dedicated capacity. The provision
of specialised services shall not impair in a recurring or
continuous manner the general quality of internet access
services.
on commercial and technical conditions and
characteristics of internet access services, such as
price, volume and speed. Such agreements, and any
commercial practices conducted by providers of
internet access services, shall not limit the exercise of
the right of end-users set out in paragraph 1.
2. End-users shall also be free to agree 2. End-users shall also be free to agree 3. This Article is without prejudice to Union or national
with either providers of electronic with either providers
Providers of legislation related to the lawfulness of the information,
communications to the public or with
internet
access,
of
electronic content, application or services transmitted.
Providers
providers of content, applications and communications to the public or with
of electronic communications to the public, including
services on the provision of specialised
and providers of content, applications
providers of internet access services, shall be free to
services with an enhanced quality of and services
shall be free to offer on the
enter into agreements with end-users, including
service. In order to enable the provision provision of specialised services
to end-
providers of content, applications and services to
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of specialised services to end-users,
users. Such services shall only be deliver a service other than internet access services,
providers of content, applications and
offered if the network capacity is which requires a specific level of quality. Providers of
services and providers of electronic
sufficient to provide them in addition to electronic communications to the public, including
communications to the public shall be
internet access services and they are providers of internet access services, shall ensure that
free to enter into agreements with each
not to the detriment of the availability sufficient network capacity is available so that the
other to transmit the related data
or with an enhanced quality of service
availability and quality of internet access services for
volumes or traffic as specialised
internet access services. Providers of other end-users are not impaired in a material
services with a defined quality of
internet access to end-users shall not manner. service or dedicated capacity. The
discriminate
between
functionally
provision of specialised services shall
equivalent services and applications. In
not impair in a recurring or continuous order to enable the provision of
manner the general quality of internet specialised
services
to
end-users,
access services.
providers of content, applications and
services and providers of electronic
communications to the public shall be
free to enter into agreements with each
other to transmit the related data
volumes or traffic as specialised services
with a defined quality of service or
dedicated capacity. The provision of
specialised services shall not impair in a
recurring or continuous manner the
general quality of internet access
services.
3. This Article is without prejudice to
[deleted]
[see para 6 in this column]
Union or national legislation related to
the lawfulness of the information,
content,
application
or
services
transmitted.
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4. The exercise of the freedoms 4. The exercise of the freedoms provided
provided for in paragraphs 1 and 2 for in paragraphs 1 and 2 shall be
shall be facilitated by the provision of facilitated by the provision of
End-users
complete information in accordance
shall be provided with complete
with Article 25(1), Article 26 (2), and information in accordance with Article
Article 27 (1) and (2).
25(1), Article 26 (2), and Article 27 (1)
and (2)
Article 20(2), Article 21(3) and
Article 21a of Directive 2002/22/EC,
including information on any traffic
management measures applied that
might affect access to and distribution
of information, content, applications
and services as specified in paragraphs
1 and 2 of this Article.
5.
Within
the
limits
of
any 5. Within the limits of any contractually 4. The exercise of the freedoms provided for in
contractually agreed data volumes or agreed
Providers of internet access paragraphs 1 and 2 shall be facilitated by the provision
speeds for internet access services,
services and end-users may agree to set of complete information in accordance with Article
providers of internet access services
limits on data volumes or speeds for 25(1), Article 26 (2), and Article 27 (1) and (2).
Subject
shall not restrict the freedoms provided internet access services, providers of
to this paragraph, providers of internet access services
for in paragraph 1 by blocking, slowing internet access services shall not restrict
shall equally treat equivalent types of traffic when
down, degrading or discriminating the freedoms provided for in paragraph 1
providing internet access services.
against specific content, applications or by blocking, slowing down,
altering
services, or specific classes thereof, degrading or discriminating against
Providers of internet access services may implement
except in cases where it is necessary to specific content, applications or services,
traffic management measures. Such measures shall be
apply reasonable traffic management or specific classes thereof, except in
transparent, non-discriminatory, proportionate and
measures.
Reasonable
traffic cases where it is necessary to apply
shall not constitute anti-competitive behaviour. When
management
measures
shall
be traffic management measures. Traffic
implementing these measures, providers of internet
transparent,
non-discriminatory, management
measures
shall
be
access services shall not block, slow down, alter,
proportionate and necessary to:
transparent,
non-discriminatory,
degrade or discriminate against specific content,
proportionate and necessary to:
applications or services except as necessary, and only
for as long as necessary, to:
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a) implement a legislative provision or a) implement a legislative provision or a
a) comply with legal obligations to which the internet a court order, or prevent or impede court order, or prevent or impede serious
access service provider is subject;
serious crimes;
crimes;
b) preserve the integrity and security of [no change]
[no change]
the network, services provided via this
network, and the end-users' terminals;
c)
prevent
the
transmission
of
deleted
c)[compare with (d) in EP position] prevent pending
unsolicited communications to end-
network congestion and mitigate the effects of
users who have given their prior
exceptional
or
temporary
network
congestion,
consent to such restrictive measures;
provided that equivalent types of traffic are treated
equally;
d) minimise the effects of temporary or d) minimise
prevent or mitigate the
d) [compare with (c) in COM proposal] comply with an
exceptional
network
congestion effects of temporary or
and exceptional
explicit request from the end-user, in order to prevent
provided that equivalent types of traffic network congestion provided that
transmission of unsolicited communication within the
are treated equally.
equivalent types of traffic are treated
meaning of Article 13 of Directive 2002/58/EC34 or to
equally.
implement parental control measures.
The legal obligations referred to in point (a) shall be laid down in Union legislation or national legislation,
in compliance with Union law, or in measures giving
effect to such Union or national legislation, including
orders by courts or public authorities vested with
relevant powers.
Reasonable
Traffic management shall
[compare with chapeau before points a-d]
34
Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data
and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201 ,
31.07.2002, p. 37).
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only entail processing of data that is
necessary and proportionate to achieve
the purposes set out in this paragraph
measures shall not be maintained
longer than necessary.
Reasonable traffic management shall
Without
prejudice
to
Directive 5.
Within the limits of any contractually agreed data
only entail processing of data that is
95/46/EC,
traffic
management volumes or speeds for internet access services,
necessary and proportionate to achieve
measures shall only entail such providers of internet access services shall not restrict
the purposes set out in this paragraph.
processing of personal data that is the freedoms provided for in paragraph 1 by blocking,
necessary and proportionate to achieve slowing down, degrading or discriminating against
the purposes set out in this paragraph, specific content, applications or services, or specific
and shall also be subject to Directive classes thereof, except in cases where it is necessary to
2002/58/EC, in particular with respect apply reasonable traffic management measures.
to confidentiality of communications.
Reasonable traffic management measures shall be
transparent, non-discriminatory, proportionate and
necessary to:
Traffic management measures may only
entail processing of personal data that is necessary
and proportionate to achieve the objectives of
paragraph 4 (a – d). Such processing shall be carried
out in accordance with Directive 95/46. Traffic
management measures shall also comply with
Directive 2002/58.
Providers of internet access services
shall put in place appropriate, clear,
open and efficient procedures aimed at
addressing
complaints
alleging
breaches of this Article.
Such procedures shall be without
prejudice to the end-users right to refer
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the matter to the national regulatory
authority.
6. Paragraph 1 is without prejudice to Union law or national law, in compliance with Union law, related to
the lawfulness of the information, content, application
or services.
Article 24 - Safeguards for quality of [no change]
Article 24 - Safeguards for quality of service the
service
availability of internet access services
1. National regulatory authorities shall 1. National regulatory authorities shall 1. National regulatory authorities shall closely monitor
closely
monitor
and
ensure
the closely monitor and ensure the effective and ensure the effective ability of endusers to benefit
effective ability of endusers to benefit ability of end-users to benefit from the from the freedoms provided for in Article 23 (1) and
from the freedoms provided for in freedoms provided for in
In exercising (2), compliance with Article 23 (5)
3, and
shall
Article 23 (1) and (2), compliance with
their powers under Article 30a with promote
the
continued
availability
of
non-
Article 23 (5), and the continued
respect to Article 23(1) and (2), discriminatory internet access services at levels of
availability
of
non-discriminatory compliance with Article 23 (5), and
, quality that reflects advances in technology and that are
internet access services at levels of
national regulatory authorities shall not impaired by specialised services. They shall, in
quality
that
reflect
advances
in
closely monitor compliance with Article cooperation with other competent national authorities,
technology and that are not impaired
23(5) and the continued availability of also monitor the effects of specialised services on
by specialised services. They shall, in non-discriminatory
internet
access cultural diversity and innovation.
For those purposes
cooperation with other competent services at levels of quality that reflect
national regulatory authorities may impose technical
national authorities, also monitor the advances in technology and that are not
characteristics and minimum quality of service
effects of specialised services on impaired by specialised services. They
requirements. National regulatory authorities shall
cultural diversity and innovation. shall,
in
cooperation
with
other report
publish reports on an annual basis
regarding
National regulatory authorities shall competent national authorities, also
their monitoring and findings, and provide those
report on an annual basis to the monitor the effects of specialized
reports to the Commission and BEREC on their
Commission and BEREC on their services on cultural diversity and monitoring and findings.
monitoring and findings.
innovation.
National
regulatory
authorities shall report
publish reports on an annual basis
regarding their
monitoring and findings, and provide
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those reports to the Commission and
BEREC on their monitoring and
findings.
2. In order to prevent the general 2. In order to prevent the general
impairment of quality of service for impairment of quality of service for
internet access services or to safeguard internet access services or to safeguard
the ability of end-users to access and the ability of end-users to access and
distribute content or information or to distribute content or information or to
run applications and services of their run applications, services
and software choice, national regulatory authorities of their choice, national regulatory
shall have the power to impose authorities shall have the power to
minimum
quality
of
service impose minimum quality of service
requirements on providers of electronic requirements,
and where appropriate,
communications to the public.
other quality of service parameters, as
defined by the national regulatory
authorities on providers of electronic
communications to the public.
National regulatory authorities shall, in National regulatory authorities shall, in
good time before imposing any such good time before imposing any such
requirements, provide the Commission requirements, provide the Commission
with a summary of the grounds for with a summary of the grounds for
action, the envisaged requirements and action, the envisaged requirements and
the proposed course of action. This the proposed course of action. This
information shall also be
made information shall also be made available
available to BEREC. The Commission to BEREC. The Commission may,
may,
having
examined
such having examined such information,
information,
make
comments
or make comments or recommendations
recommendations
thereupon,
in thereupon, in particular to ensure that
particular to ensure that the envisaged the envisaged requirements do not
requirements do not adversely affect adversely affect the functioning of the
the functioning of the internal market. internal
market.
The
envisaged
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The envisaged requirements shall not requirements shall not be adopted during
be adopted during a period of two a period of two months from the receipt
months from the receipt of complete of
complete
information
by
the
information by the Commission unless Commission unless otherwise agreed
otherwise
agreed
between
the between the Commission and the
Commission
and
the
national national regulatory authority, or the
regulatory
authority,
or
the Commission has informed the national
Commission has informed the national regulatory authority of a shortened
regulatory authority of a shortened examination period, or the Commission
examination period, or the Commission has
made
comments
or
has
made
comments
or recommendations. National regulatory
recommendations. National regulatory authorities shall take the utmost account
authorities shall take the utmost of the Commission’s comments or
account
of
the
Commission’s recommendations
and
shall
comments or recommendations and communicate the adopted requirements
shall
communicate
the
adopted to the Commission and BEREC.
requirements to the Commission and
BEREC.
2. In order to prevent the general impairment of quality
of service for internet access services or to safeguard
the ability of end-users to access and distribute content
or information or to run applications and services of
their choice, national regulatory authorities shall have
the power to impose minimum quality of service
requirements
on
providers
of
electronic
communications to the public.
Providers of electronic communication services to the
public, including providers of internet access services,
shall make available, at the request of the national
regulatory authority, information about how their
network traffic and capacity are managed, as well as
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justifications for any traffic management measures
applied. Article 5 of the Framework Directive shall
apply, mutatis mutandis, in respect of the provision of
information under this Article.
3.
The
Commission
may
adopt 3.
Within six months of adoption of this 3. The Commission may adopt implementing acts
implementing acts defining uniform
regulation,
BEREC
shall,
after defining uniform conditions for the implementation of
conditions for the implementation of
consulting stakeholders and in close the obligations of national competent authorities under
the obligations of national competent
cooperation with the Commission may this Article. Those implementing acts shall be adopted
authorities under this Article. Those adopt implementing acts
, lay down in accordance with the examination procedure referred
implementing acts shall be adopted in
general guidelines defining uniform to in Article 33 (2).
No later than nine months after
accordance
with
the
examination conditions for the implementation of the
this Regulation enters into force, in order to
procedure referred to in Article 33 (2).
obligations
of
national
competent
contribute to the consistent application of this
authorities under this Article
, including Regulation,
BEREC
shall,
after
consulting
with respect to the application of traffic stakeholders and in close cooperation with the
management
measures
and
for Commission,
lay
down
guidelines
for
the
monitoring
of
compliance.
Those
implementation of the obligations of national
implementing acts shall be adopted in
competent authorities under this Article, including
accordance
with
the
examination
with respect to the application of traffic management
procedure referred to in Article 33 (2).
measures set out in Article 3(4) and for monitoring of
compliance.
Article 24a - Review
The Commission shall, in close
cooperation with BEREC, review the
functioning of the provisions on
specialised services and, after a public
consultation, shall report and submit
any appropriate proposals to the
European Parliament and the Council
by [insert date three years after the date
of applicability of this regulation].
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deleted
deleted
deleted
deleted
Article 25 - Transparency and
deleted
deleted
publication of information
1.
Providers
of
electronic
deleted
deleted
communications to the public shall,
save for offers which are individually
negotiated,
publish
transparent,
comparable, adequate and up-to-date
information on:
a) their name, address and contact
deleted
deleted
information;
b) for each tariff plan the services
deleted
deleted
offered and the relevant quality of
service parameters, the applicable
prices (for consumers including taxes)
and any applicable charges (access,
usage, maintenance and any additional
charges), as well as costs with respect
to terminal equipment;
c) applicable tariffs regarding any
deleted
deleted
number or service subject to particular
pricing conditions;
d) the quality of their services, in
deleted
deleted
accordance with implementing acts
provided for in paragraph 2;
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e) internet access services, where
deleted
deleted
offered, specifying the following:
(i) actually available data speed for
deleted
deleted
download and upload in the end-user's
Member State of residence, including
at peak-hours; EN 53 EN
(ii) the level of applicable data volume
deleted
deleted
limitations, if any; the prices for
increasing the available data volume on
an ad hoc or lasting basis; the data
speed, and its cost, available after full
consumption of the applicable data
volume, if limited; and the means for
end-users to monitor at any moment
the current level of their consumption;
(iii) a clear and comprehensible
deleted
deleted
explanation as to how any data volume
limitation, the actually available speed
and other quality parameters, and the
simultaneous
use
of
specialised
services with an enhanced quality of
service, may practically impact the use
of content, applications and services;
(iv) information on any procedures put
deleted
deleted
in place by the provider to measure and
shape traffic so as to avoid congestion
of a network, and on how those
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procedures could affect service quality
and the protection of personal data;
f)
measures
taken
to
ensure
deleted
deleted
equivalence in access for disabled end-
users, including regularly updated
information on details of products and
services designed for them;
g) their standard contract terms and
deleted
deleted
conditions, including any minimum
contractual period, the conditions for
and any charges due on early
termination
of
a
contract,
the
procedures and direct charges related to
switching and portability of numbers
and other identifiers, and compensation
arrangements for delay or abuse of
switching;
h) access to emergency services and
deleted
deleted
caller location information for all
services offered, any limitations on the
provision of emergency services under
Article 26 of Directive 2002/22/EC,
and any changes thereto;
i) rights as regards universal service,
deleted
deleted
including, where appropriate, the
facilities and services mentioned in
Annex I to Directive 2002/22/EC. The
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information shall be published in a
clear,
comprehensive
and
easily
accessible
form
in
the
official
language(s) of the Member State where
the service is offered, and be updated
regularly. The information shall, on
request, be supplied to the relevant
national
regulatory
authorities
in
advance of its publication. Any
differentiation in the conditions applied
to consumers and other end-users shall
be made explicit.
2.
The
Commission
may
adopt
deleted
deleted
implementing acts specifying the
methods for measuring the speed of
internet access services, the quality of
service parameters and the methods for
measuring them, and the content, form
and manner of the information to be
published, including possible quality
certification
mechanisms.
The
Commission may take into account the
parameters,
definitions
and
measurement methods set out in Annex
III of the Directive 2002/22/EC .Those
implementing acts shall be adopted in
accordance
with
the
examination
procedure referred to in Article 33(2).
3. End-users shall have access to
deleted
deleted
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independent evaluation tools allowing
them to compare the performance of
electronic communications network
access and services and the cost of
alternative usage patterns. To this end
Member States shall establish a
voluntary certification scheme for
interactive websites, guides or similar
tools. Certification shall be granted on
the basis of objective, transparent and
proportionate
requirements,
in
particular independence from any
provider of electronic communications
to the public, the use of plain language,
the provision of complete and up-to-
date information, and the operation of
an
effective
complaints
handling
procedure. Where certified comparison
facilities are not available on the
market free of charge or at a reasonable
price, national regulatory authorities or
other competent national authorities
shall make such facilities available
themselves or through third EN 54 EN
parties
in
compliance
with
the
certification
requirements.
The
information published by providers of
electronic communications to the
public shall be accessible, free of
charge, for the purposes of making
available comparison facilities.
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4. Upon request of the relevant public
deleted
deleted
authorities, providers of electronic
communications to the public shall
distribute public interest information
free of charge to end-users, where
appropriate, by the same means as
those ordinarily used by them in their
communications with end-users. In
such a case, that information shall be
provided by the relevant publicē
authorities
to
the
providers
of
electronic communications to the
public in a standardised format and
may, inter alia, cover the following
topics:
(a) the most common uses of electronic
deleted
deleted
communications services to engage in
unlawful activities or to disseminate
harmful content, particularly where it
may prejudice respect for the rights and
freedoms
of
others,
including
infringements of data protection rights,
copyright and related rights, and their
legal consequences; and
(b) the means of protection against
deleted
deleted
risks to personal security and unlawful
access to personal data when using
electronic communications services.
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Article 26 - Information
deleted
deleted
requirements for contracts
1. Before a contract on the provision of
deleted
deleted
connection to a public electronic
communications network or publicly
available electronic communications
services becomes binding providers of
electronic communications to the
public shall provide consumers, and
other end-users unless they have
explicitly agreed otherwise, at least the
following information:
(a) the identity, address and contact
deleted
deleted
information of the provider and, if
different, the address and contact
information for any complaints;
(b) the main characteristics of the
deleted
deleted
services
provided,
including
in
particular:
(i) for each tariff plan the types of
deleted
deleted
services offered, the included volumes
of communications and all relevant
quality of service parameters, including
the time for the initial connection;
(ii) whether and in which Member
deleted
deleted
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States access to emergency services
and caller location information is being
provided and any limitations on the
provision of emergency services in
accordance with Article 26 of Directive
2002/22/EC;
(iii) the types of after–sales services,
deleted
deleted
maintenance services and customer
support
services
provided,
the
conditions and charges for these
services, and the means of contacting
these services;
(iv) any restrictions imposed by the
deleted
deleted
provider on the use of terminal
equipment
supplied,
including
information on unlocking the terminal
equipment and any charges involved if
the contract is terminated before the
end of the minimum contract period;
(c) details of prices and tariffs (for
deleted
deleted
consumers including taxes and possibly
due additional charges) and the means
by which up-to-date information on all
applicable tariffs and charges are made
available;
(d) payment methods offered and any
deleted
deleted
cost differences due to the payment
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method, and available facilities to
safeguard
bill
transparency
and
monitor the level of consumption;
(e) the duration of the contract and the
deleted
deleted
conditions for renewal and termination,
including:
(i) any minimum usage or duration
deleted
deleted
required to benefit from promotional
terms;
(ii) any charges related to switching
deleted
deleted
and portability of numbers and other
identifiers, including compensation
arrangements for delay or abuse of
switching;
(iii) any charges due on early
deleted
deleted
termination of the contract, including
any cost recovery with respect to
terminal equipment (on the basis of
customary depreciation methods) and
other promotional advantages (on a pro
rata temporis basis);
(f) any compensation and refund
deleted
deleted
arrangements, including an explicit
reference to statutory rights of the end-
user, which apply if contracted service
quality levels are not met;
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(g) where an obligation exists in
deleted
deleted
accordance with Article 25 of Directive
2002/22/EC, the end-users' options as
to whether or not to include their
personal data in a directory, and the
data concerned;
(h) for disabled end-users, details of
deleted
deleted
products and services designed for
them;
(i) the means of initiating procedures
deleted
deleted
for the settlement of disputes, including
cross-border disputes, in accordance
with
Article
34
of
Directive
2002/22/EC and Article 22 of this
Regulation;
(j) the type of action that might be
deleted
deleted
taken by the provider in reaction to
security or integrity incidents or threats
and vulnerabilities.
2. In addition to paragraph 1, providers
deleted
deleted
of electronic communications to the
public shall provide end-users, unless
otherwise agreed by an end-user who is
not a consumer, at least the following
information with respect to their
internet access services:
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(a) the level of applicable data volume
deleted
deleted
limitations, if any; the prices for
increasing the available data volume on
an ad hoc or lasting basis; the data
speed, and its cost, available after full
consumption of the applicable data
volume, if limited; and how end-users
can at any moment monitor the current
level of their consumption;
(b) the actually available data speed for
deleted
deleted
download and upload at the main
location of the enduser, including
actual speed ranges, speed averages
and peak-hour speed, including the
potential impact of allowing access to
third parties through a radio local area
network ;
(c) other quality of service parameters;
deleted
deleted
(d) information on any procedures put
deleted
deleted
in place by the provider to measure and
shape traffic so as to avoid congestion
of a network, and information on how
those procedures could impact on
service quality and protection of
personal data;
(e)
a
clear
and
comprehensible
deleted
deleted
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EN
explanation as to how any volume
limitation, the actually available speed
and other quality of service parameters,
and the simultaneous use of specialised
services with an enhanced quality of
service, may practically impact the use
of content, applications and services.
3. The information referred to in
deleted
deleted
paragraphs 1 and 2 shall be provided in
a clear, comprehensive and easily
accessible manner and in an official
language of the end-user's Member
State of residence, and shall be updated
regularly. It shall form an integral part
of the contract and shall not be altered
unless the contracting parties expressly
agree otherwise. The end-user shall
receive a copy of the contract in
writing.
4.
The
Commission
may
adopt
deleted
deleted
implementing acts specifying the
details of the information requirements
listed
in
paragraph
2.
Those
implementing acts shall be adopted in
accordance
with
the
examination
procedure referred to in Article 33(2).
5. The contract shall also include, upon
deleted
deleted
request
by
the
relevant
public
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EN
authorities, any information provided
by these authorities for this purpose on
the use of electronic EN 56 EN
communications networks and services
to engage in unlawful activities or to
disseminate harmful content, and on
the means of protection against risks to
personal
security
and
unlawful
processing of personal data, referred to
in Article 25(4) and relevant to the
service provided.
Article 27 – Control of consumption deleted
deleted
1.
Providers
of
electronic
deleted
deleted
communications to the public shall
offer end-users the opportunity to opt,
free of charge, for a facility which
provides
information
on
the
accumulated consumption of different
electronic communications services
expressed in the currency in which the
end-user is billed. Such a facility shall
guarantee that, without the end-user's
consent, the accumulated expenditure
over a specified period of use does not
exceed a specified financial limit set by
the end-user.
2.
Providers
of
electronic
deleted
deleted
communications to the public shall
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EN
ensure that an appropriate notification
is sent to the end-user when the
consumption of services has reached
80% of the financial limit set in
accordance with paragraph 1. The
notification shall indicate the procedure
to be followed to continue the
provision of those services, including
their cost. The provider shall cease to
provide the specified services and to
charge the end-user for it if the
financial limit would otherwise be
exceeded, unless and until the end-user
requests the continued or renewed
provision of those services. After
having reached the financial limit end-
users shall continue to be able to
receive calls and SMS messages and
access
free-phone
numbers
and
emergency services by dialling the
European emergency number 112 free
of charge until the end of the agreed
billing period.
3.
Providers
of
electronic
deleted
deleted
communications to the public shall,
immediately prior to connecting the
call, enable end-users to access easily
and without incurring any costs
information
on
applicable
tariffs
regarding any number or service
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subject to particular pricing conditions
unless the national regulatory authority
has granted a prior derogation for
reasons of proportionality. Any such
information shall be provided in a
comparable fashion for all such
numbers or services.
4.
Providers
of
electronic
deleted
deleted
communications to the public shall
offer end-users the opportunity to opt,
free of charge for receiving itemised
bills.
Article 28 - Contract termination
deleted
deleted
1.
Contracts
concluded
between
deleted
deleted
consumers and providers of electronic
communications to the public shall not
provide for a minimum duration that
exceeds 24 months. Providers of
electronic communications to the
public shall offer end-users the
possibility to conclude a contract with
a maximum duration of 12 months.
2. Consumers, and other end-users
deleted
deleted
unless they have otherwise agreed,
shall have the right to terminate a
contract with a one-month notice
period, where six months or more have
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elapsed since conclusion of the
contract. No compensation shall be due
other than for the residual value of
subsidised equipment bundled with the
contract at the moment of the contract
conclusion and a pro rata temporis
reimbursement
for
any
other
promotional advantages marked as
such at the moment of the contract
conclusion. Any restriction on the
usage of terminal equipment on other
networks shall be lifted, free of charge,
by the provider at the latest upon
payment of such compensation.
3. Where the contracts or national law
deleted
deleted
provide for contract periods to be
extended tacitly, the provider of
electronic communications to the
public shall inform the end-user in due
time so that the end-user has at least
one month to oppose a tacit extension.
If the end-user does not EN 57 EN
oppose, the contract shall be deemed to
be a permanent contract which can be
terminated by the end-user at any time
with a one-month notice period and
without incurring any costs.
4. End-users shall have the right to
deleted
deleted
terminate
their
contract
without
incurring any costs upon notice of
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changes in the contractual conditions
proposed by the provider of electronic
communications to the public unless
the proposed changes are exclusively to
the benefit of the end-user. Providers
shall give end-users adequate notice,
not shorter than one month, of any such
change, and shall inform them at the
same time of their right to terminate
their contract without incurring any
costs if they do not accept the new
conditions. Paragraph 2 shall apply
mutatis mutandis.
5. Any significant and non-temporary
deleted
deleted
discrepancy
between
the
actual
performance regarding speed or other
quality parameters and the performance
indicated by the provider of electronic
communications to the public in
accordance with Article 26 shall be
considered
as
nonconformity
of
performance for the purpose of
determining the end-user's remedies in
accordance with national law.
6. A subscription to additional services
deleted
deleted
provided by the same provider of
electronic communications to the
public shall not re-start the initial
contract period unless the price of the
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additional
service(s)
significantly
exceeds that of the initial services or
the additional services are offered at a
special promotional price linked to the
renewal of the existing contract.
7.
Providers
of
electronic
deleted
deleted
communications to the public shall
apply conditions and procedures for
contract termination which do not raise
obstacles to or disincentives against
changing service provider.
Article 29 - Bundled offers
deleted
deleted
If a bundle of services offered to
deleted
deleted
consumers
comprises
at least a
connection
to
an
electronic
communications
network
or
one
electronic communications service,
Articles 28 and 30 of this Regulation
shall apply to all elements of the
bundle.
Chapter V
deleted
deleted
Facilitating change of providers
Article 30 - Switching and portability
of numbers
1. All end-users with numbers from a
deleted
deleted
national telephone numbering plan who
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so request shall have the right to retain
their number(s) independently of the
provider of electronic communications
to the public providing the service in
accordance with Part C of Annex I to
Directive 2002/22/EC, provided the
provider
is
an
electronic
communications
provider
in
the
Member State to which the national
numbering plan relates or is a
European electronic communications
provider which has notified to the
competent regulatory authority of the
home Member State the fact that it
provides or intends to provide such
services in the Member State to which
the national numbering plan relates.
2. Pricing between providers of
deleted
deleted
electronic communications to the
public related to the provision of
number portability shall be cost-
oriented, and direct charges to end-
users, if any, shall not act as a
disincentive for end-users against
changing provider.
3. Porting of numbers and their
deleted
deleted
activation shall be carried out within
the shortest possible time. For end-
users
who
have
concluded
an
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EN
agreement to port a number to a new
provider that EN 58 EN number shall
be activated within one working day
from the conclusion of such agreement.
Loss of service during the process of
porting, if any, shall not exceed one
working day.
4. The receiving provider of electronic
deleted
deleted
communications to the public shall lead
the switching and porting process. End-
users
shall
receive
adequate
information on switching before and
during the switching process, and also
immediately after it is concluded. End-
users shall not be switched to another
provider against their will.
5. The end-users’ contracts with
deleted
deleted
transferring providers of electronic
communications to the public shall be
terminated
automatically
after
conclusion of the switch. Transferring
providers of electronic communications
to the public shall refund any
remaining credit to the consumers
using pre-paid services.
6.
Providers
of
electronic
deleted
deleted
communications to the public which
delay or abuse switching, including by
not making available information
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necessary for porting in a timely
manner, shall be obliged to compensate
end-users who are exposed to such
delay or abuse.
7. In the event that an end-user
switching to a new provider of internet
access services has an email address
provided by the transferring provider,
the latter shall, upon request by the
enduser, forward to any email address
indicated by the end-user, free of
charge, all email communications
addressed to the end-user’s previous
email address for a period of 12
months. This email forwarding service
shall include an automatic response
message to all email senders alerting
them about the end-user's new email
address. The end-user shall have the
option of requesting that the new email
address should not be disclosed in the
automatic
response
message.
Following the initial 12-month period,
the transferring provider of electronic
communications to the public shall
give the end-user an option to extend
the period for email forwarding, at a
charge if required. The transferring
provider of electronic communications
to the public shall not allocate the end-
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users’ initial email address to another
end-user before a period of two years
following contract termination, and in
any case during the period for which
the
email
forwarding
has
been
extended.
8. The competent national authorities
may establish the global processes of
switching
and
porting,
including
provision of appropriate sanctions on
providers
and
compensations
for
endusers. They shall take into account
necessary
end-user
protection
throughout the switching process and
the need to ensure efficiency of such
process.
Article 30 a
Supervision and enforcement
1. National regulatory authorities shall
have the necessary resources to
monitor and supervise compliance with
this Regulation within their territories.
2. National regulatory authorities shall
make up-to-date information on the
application of this Regulation publicly
available in a manner that enables
interested parties to have easy access to
it.
3. National regulatory authorities shall
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have the power to require undertakings
subject to obligations under this
Regulation to supply all information
relevant to the implementation and
enforcement of this Regulation. Those
undertakings
shall
provide
such
information promptly on request and in
accordance with time limits and the
level of detail required by the national
regulatory authority.
4. National regulatory authorities may
intervene on their own initiative in
order to ensure compliance with this
Regulation.
5. National regulatory authorities shall
put in place appropriate, clear, open
and efficient procedures to address
complaints alleging breaches of Article
23. National regulatory authorities
shall respond to complaints without
undue delay.
6.
Where
a
national
regulatory
authority finds that a breach of the
obligations set out in this Regulation
has occurred, it shall require the
immediate cessation of such a breach.
Chapter VI
[no changes]
Chapter VI
Organisational and final provisions
Organisational and final provisions
Article 31 – Penalties
Article 31 5 – Penalties
Member States shall lay down the rules
[no change]
Member States shall lay down the rules on penalties
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on
penalties
applicable
to
applicable to infringements of the provisions of this
infringements of the provisions of this
Regulation
in Articles 3 and 4 and shall take all
Regulation and shall take all measures
measures
necessary
to
ensure
that
they
are
necessary to ensure that they are
implemented. The penalties provided for must be
implemented. The penalties provided
effective, proportionate and dissuasive. Member States
for must be effective, proportionate and
shall notify those provisions to the Commission by 1
dissuasive. Member States shall notify
July
30 June 2016 at the latest and shall notify it
those provisions to the Commission by
without delay of any subsequent amendment affecting
1 July 2016 at the latest and shall
them.
notify it without delay of any
subsequent amendment affecting them.
With regard to European electronic
deleted
deleted
communications providers, penalties
shall be imposed in accordance with
Chapter II regarding the respective
competences of national regulatory
authorities in the home and host
Member States.
Article 32 – Delegation of powers
deleted
deleted
1. The power to adopt delegated acts is
deleted
deleted
conferred on the Commission subject
to the conditions laid down in this
Article.
2. The power to adopt delegated acts
deleted
deleted
referred to in Articles 17(2) and 19(5)
shall be conferred on the Commission
for an indeterminate period of time
from the [date entry into force of the
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Regulation]
3. The delegation of power referred to
deleted
deleted
in Articles 17(2) and 19(5) may be
revoked at any time by the European
Parliament or by the Council. A
decision of revocation shall put an end
to the delegation of the power specified
in that decision. It shall take effect the
day following the publication of the
decision in the Official Journal of the
European Union or at a later date
specified therein. It shall not affect the
validity of any delegated acts already
in force.
4. As soon as it adopts a delegated act,
deleted
deleted
the
Commission
shall
notify
it
simultaneously
to
the
European
Parliament and to the Council.
5. A delegated act adopted pursuant to
deleted
deleted
Articles 17(2) and 19(5) shall enter into
force only if no objection has been
expressed either by the European
Parliament or the Council within a
period of two months of notification of
that act to the European Parliament and
the Council or if, before the expiry of
that period, the European Parliament
and the Council have both informed the
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Commission that they will not object.
That period shall be extended by two
months at the initiative of the European
Parliament or the Council.
Article 33 – Committee procedure
[no changes]
deleted
1. The Commission shall be assisted by
[no change]
deleted
the
Communications
Committee
established
by
Article
22(1)
of
Directive 2002/21/EC. That committee
shall be a committee within the
meaning of Regulation (EU) No
182/2011.
2. Where reference is made to this
[no change]
deleted
paragraph, Article 5 of Regulation
(EU) No 182/2011 shall apply.
Article 34 – Amendments to
[no changes]
Directive 2002/20/EC
In
Article
3(2),
the
second (1) In Article 3 3(2), the second
deleted
subparagraph is deleted.
subparagraph is deleted
is amended as
follows:
a) paragraph 2 is replaced by the
following:
"2.
The
provision
of
electronic deleted
communications
networks
or
the
provision of electronic communications
services may, without prejudice to the
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specific obligations referred to in
Article 6(2) or rights of use referred to
in Article 5, only be subject to a general
authorisation.
The
undertaking
concerned may be required Where a
Member State deems that a notification
requirement is justified, that Member
State may require undertakings to
submit a notification but to BEREC but
it may not be required require them to
obtain an explicit decision or any other
administrative act by the national
regulatory authority or any other
authority before exercising the rights
stemming from the authorisation. Upon
notification to BEREC, when required,
an undertaking may begin activity,
where
necessary
subject
to
the
provisions on rights of use in Articles 5,
6 and 7.’
(b) paragraph 3 is replaced by the deleted
following:
'3. A notification referred to in
paragraph 2 shall not entail more than
a declaration on a harmonised template
in the form set out in part D of the
Annex by a legal or natural person to
BEREC of the intention to commence
the
provision
of
electronic
communication networks or services
and the submission of the minimal
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EN
information which is required to allow
BEREC and the national regulatory
authority to keep a register or list of
providers of electronic communications
networks and services. Member States
may not impose any additional or
separate notification requirements .'
(c) the following paragraph is added:
'3a. Member States shall provide the
Commission and the other Member
States with a reasoned notification
within 12 months following the date of
application of Regulation EU No
[…/…]35 if they deem that a
notification requirement is justified.
The Commission shall examine the
notification and, where appropriate,
adopt a decision within a period of
three months from the date of the
notification requesting the Member
State in question to abolish the
notification requirement.
(2) In Article 10, the following new
paragraph 6a is added :
‘6a. A national regulatory authority
shall notify BEREC of any measures
intended to be taken by it under
35 Regulation (EU) No [XX/2014]of the European Parliament and of the Commission of ... laying down measures concerning the European
single market for electronic communications and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No
1211:/2009 and (EU) No 531/2012 (OJ L... , p. ...).'
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paragraphs 5 and 6. Within two months
from receipt of a notification, during
which period the national regulatory
authority may not adopt a final
measure, BEREC shall adopt a
reasoned opinion if it considers that the
draft measure would create a barrier to
the single market. BEREC shall
forward any opinion to the national
regulatory
authority
and
the
Commission. The national regulatory
authority shall take the utmost account
of any BEREC opinion and shall
communicate any final measure to
BEREC. BEREC shall update its
register accordingly.’
(3) In the Annex, the following part D
is added:
'D.
Information
required
in
a
notification pursuant to Article 3
A
notification
shall
contain
a
declaration
of
the
intention
to
commence the provision of electronic
communications networks and services
and shall be accompanied by the
following information only:
1. the name of the provider,
2. the provider's legal status, form and
registration
number,
where
the
provider is registered in a trade or other
similar public register,
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3. the geographical address of the
provider's main establishment,
4. a contact person,
5. a short description of the networks or
services intended to be provided,
6 . the Member States concerned, and
7. an estimated date for starting the
activity .'
Article 34a
Amendments
to
Decision
No
243/2012/EU
In Article 6(8) of Decision No deleted
243/2012/EU,
the
following
subparagraph is added:
'Member States shall allow the transfer deleted
or
leasing
of
any
additional
harmonised bands on the same basis as
those
enumerated
in
the
first
subparagraph.'
Article 35 – Amendments to
[no changes]
deleted
Directive 2002/21/EC
Directive 2002/21/EC is amended as
[no change]
follows:
(1) In Article 1, the following
deleted
deleted
paragraph 6 is added:
ʻThis Directive and the Specific
Directives shall be interpreted and
applied in conjunction with the
provisions
of
Regulation
No
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EN
[XX/2014].ʼ
(1a) In Article 2, point g is amended as
follows:
'national regulatory authority' means deleted
the body charged by a Member State
with the regulatory tasks assigned in
this
Directive
and
the
Specific
Directives;
(1b) In Article 3, paragraph 3a is deleted
replaced by the following:
'3a. Without prejudice to the provisions deleted
of paragraphs 4 and 5, each national
regulatory
authority
shall
be
responsible at least for ex-ante market
regulation under Articles 7, 7a, 15 and
16 of this Directive and Articles 9 to13b
of
Directive
2002/19/EC;
for
numbering, naming and addressing,
co-location and sharing of network
elements and associated facilities and
for the resolution of disputes between
undertakings
in
accordance
with
Articles 10, 12, 20 and 21 of this
Directive and for affordability of tariffs,
quality
of
service
of
designated
undertakings, costing of universal
service obligation, regulatory controls
on
retail
services,
contracts,
transparency
and
publication
of
information,
quality
of
service,
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EN
ensuring equivalence in access and
choice
for
disabled
end-users,
emergency services and the single
European emergency call number,
access to numbers and services,
provision of additional facilities and
facilitating change of provider under
Articles 9, 11, 12, 17, 20, 20a, 21, 21a,
22, 23a, 26, 26a, 28, 29 and 30 of
Directive 2002/22/EC, issues related to
authorisation under Directive 2002/20,
as well as for Directive 2002/58/EC.
Each national regulatory authority deleted
shall act independently and shall not
seek or take instructions from any
other body in relation to the exercise of
these tasks assigned to them under
national law implementing Community
law. This shall not prevent supervision
in
accordance
with
national
constitutional law. Only appeal bodies
set up in accordance with Article 4
shall have the power to suspend or
overturn decisions by the national
regulatory authorities. Member States
shall ensure that the head of a national
regulatory
authority,
or
where
applicable, members of the collegiate
body fulfilling that function within a
national regulatory authority referred
to in the first subparagraph or their
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EN
replacements may be dismissed only if
they no longer fulfil the conditions
required for the performance of their
duties which are laid down in advance
in national law. The decision to dismiss
the head of the national regulatory
authority
concerned,
or
where
applicable members of the collegiate
body fulfilling that function shall be
made public at the time of dismissal.
The dismissed head of the national
regulatory
authority,
or
where
applicable, members of the collegiate
body fulfilling that function shall
receive a statement of reasons and shall
have the right to request its publication,
where this would not otherwise take
place, in which case it shall be
published.
Member States shall ensure that
Member States shall ensure that deleted
national regulatory authorities referred
national regulatory authorities referred
to in the first subparagraph have
to in the first subparagraph have
separate annual budgets. The budgets
separate annual budgets and that the
shall be made public. Member States
budgets
are
sufficient
for
the
shall
also
ensure
that
national
performance of their tasks. The budgets
regulatory authorities have adequate
and audited annual accounts shall be
financial and human resources to
made
public
by
each
national
enable them to actively participate in
regulatory authority. Each national
and contribute to the Body of European
regulatory authority shall be organised
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EN
Regulators
for
Electronic
and operated so as to safeguard the
Communications (BEREC)36.
objectivity and impartiality of its
activities and shall have a number of
competent personnel at its disposal for
the proper performance of its tasks.
Member States shall also ensure that
national regulatory authorities have
adequate
financial
and
human
resources to enable them to actively
participate in and contribute to the
Body of European Regulators for
Electronic
Communications
(BEREC)24.
(2) Article 7a is amended as follows: –
deleted
deleted
(a) in paragraph 1, the first sub-
deleted
deleted
paragraph is replaced by the following:
ʻ1. Where an intended measure covered
deleted
deleted
by Article 7(3) aims at imposing,
amending or withdrawing an obligation
on an operator in application of Article
16 of this Directive in conjunction with
Article 5 and Articles 9 to 13 of
Directive
2002/19/EC
(Access
Directive), and Article 17 of Directive
2002/22/EC
(Universal
Service
Directive), the Commission may,
within the period of one month
provided for by Article 7(3) of this
36 Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European
Regulators for Electronic Communications (BEREC) and the Office
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EN
Directive, notify the national regulatory
authority concerned and BEREC of its
reasons for considering that the draft
measure would create a barrier to the
single market or its serious doubts as to
its EN 60 EN compatibility with Union
law, taking into account as appropriate
any Recommendation adopted pursuant
to Article 19(1) of this Directive
concerning the harmonised application
of specific provisions of this Directive
and the Specific Directives. In such a
case, the draft measure shall not be
adopted for a further three months
following
the
Commission's
notification.ʼ
– (b) paragraph 2 is replaced by the
deleted
deleted
following:
ʻ2. Within the three-month period
referred to in paragraph 1, the
Commission, BEREC and the national
regulatory authority concerned shall
cooperate closely to identify the most
appropriate and effective measure in
the light of the objectives laid down in
Article 8, whilst taking due account of
the views of market participants and
the need to ensure the development of
consistent regulatory practice. When
the intended measure aims at imposing,
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EN
amending or withdrawing an obligation
on
a
European
electronic
communications provider within the
meaning of Regulation [XXX/2014] in
a host Member State, the national
regulatory authority of the home
Member State may also participate in
the cooperation process.ʼ
– (c) in paragraph 5 the following point
deleted
deleted
(aa) is inserted:
ʻ(aa) take a decision requiring the
deleted
national regulatory authority concerned
to withdraw the draft measure, together
with specific proposals for amending it,
when the intended measure aims at
imposing, amending or withdrawing an
obligation on a European electronic
communications provider within the
meaning of Regulation [XXX/2014].ʼ
– (d) in paragraph 6 the following sub-
deleted
paragraph is added:
ʻArticle 7(6) shall apply in the cases
where the Commission takes a decision
in accordance with paragraph 5 point
(aa)ʼ.
(2a) In Article 8(4), point (g) is deleted.
deleted
(2b) In Article 9b(3), the first deleted
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subparagraph is replaced by the
following:
'3. The Commission shall adopt deleted
appropriate implementing measures to
facilitate the transfer or lease of rights
to use radio frequencies between
undertakings. Those measures shall be
adopted by within 12 months following
the date of application of Regulation
[…/…]37. Those measures shall not
cover frequencies which are used for
broadcasting.
(3) Article 15 is amended as follows:
[no change]
deleted
– (a) the following sub-paragraph is
[no change]
deleted
inserted between the first and second
subparagraphs of paragraph 1:
ʻIn assessing whether a given market
has characteristics which may justify
the imposition of ex-ante regulatory
obligations, and therefore has to be
included in the Recommendation, the
Commission shall have regard in
particular to the need for convergent
regulation throughout the Union, to the
need to promote efficient investment
and innovation in the interests of end
37 Regulation (EU) No XXX/20XX of the European Parliament and of the Commission of ...... laying down measures concerning the
European single market for electronic communications and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations
(EC) No 1211:/2009 and (EU) No 531/2012 (OJ L XXX, XX.XX.20XX, p. X).
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EN
users and of the global competitiveness
of the Union economy, and to the
relevance of the market concerned,
alongside other factors such as existing
infrastructure-based
competition
at
retail level, to competition on the
prices, choice and quality of products
offered to end users. The Commission
shall consider all relevant competitive
constraints, irrespective of whether the
networks, services or applications
which impose such constraints are
deemed
to
be
electronic
communications networks, electronic
communications services, or other
types of service or application which
are comparable from the perspective of
the end-user, in order to determine
whether, as a general matter in the
Union or a significant part thereof, the
following
three
criteria
are
cumulatively met:
(a) the presence of high and non-
[no change]
deleted
transitory structural, legal or regulatory
barriers to entry;
(b) the market structure does not tend
[no change]
deleted
towards effective competition within
the relevant time horizon, having
regard to the state of infrastructure-
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EN
based and other competition behind the
barriers to entry;
(c)
competition
law
alone
is
[no change]
deleted
insufficient to adequately address the
identified market failure(s).ʼ
– (b) in paragraph 3 the following sub-
[no change]
deleted
paragraph is added:
ʻIn the exercise of its powers pursuant
to Article 7, the Commission shall
verify whether the three criteria set out
in paragraph 1 are cumulatively met
when reviewing the compatibility with
Union law of a draft measure that
concludes:
(a) that a given market that is not
[no change]
deleted
identified in the Recommendation has
characteristics justifying the imposition
of regulatory obligations, in the
specific national circumstances; or
b) that a market identified in the
[no change]
deleted
Recommendation does not require
regulation in the specificē national
circumstances.ʼ
(4) The first paragraph of Article 19 is
[no change]
deleted
amended as follows:
ʻWithout prejudice to Article 9 of this
ʻWithout prejudice to Article 9 of this
deleted
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EN
Directive and Articles 6 and 8 of
Directive and Articles 6 and 8 of
Directive 2002/20/EC (Authorisation
Directive 2002/20/EC (Authorisation
Directive), where the Commission
Directive), where the Commission finds
finds that divergences in the
that divergences in the implementation
implementation by the national
by the national regulatory authorities of
regulatory authorities of the regulatory
the regulatory tasks specified in this
tasks specified in this Directive, and
Directive, and the Specific Directives
the Specific Directives and Regulation
and Regulation No [XX/2014] may
No [XX/2014] may create a barrier to
create a barrier to the internal market,
the internal market, the Commission
the Commission may
shall, taking the
may, taking the utmost account of the
utmost account of the opinion of
opinion of BEREC, issue a
BEREC, issue a recommendation or a
recommendation or a decision on the
decision on the harmonised application
harmonised application of the
of the provisions in this Directive, the
provisions in this Directive, the
Specific Directives and Regulation No
Specific Directives and Regulation No
[XX/2014] in order to further the
[XX/2014] in order to further the
achievement of the objectives set out in
achievement of the objectives set out in Article 8.ʼ
Article 8.ʼ
Article 36 – Amendments to
[no changes]
Directive 2002/22/EC
1. With effect from 1 July 2016,
[no change]
Directive 2002/22/EC is amended as
follows:
(1) In Article 1(3), the first sentence is
deleted.
(1a) In the second subparagraph of
Article 2, the following points are
inserted:
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‘(fa) receiving provider of electronic
communications to the public’ means
the
provider
of
electronic
communications to the public to which
the telephone number or service is
transferred.’;
(fb) 'transferring provider of electronic deleted
communications to the public’ means
the
provider
of
electronic
communications to the public from
which a telephone number or service is
transferred.
(1b) The title of Article 20 is replaced
by:
‘Information
requirements
for
contracts’;
(1c) In Article 20, the following
paragraph is inserted:
‘-1a. Member States shall ensure that
the
information
referred
to
in
paragraphs 1 and 1a is provided prior
to contract conclusion in a clear,
comprehensive and easily accessible
manner and without prejudice to the
requirements set out in Directive
2011/83/EU38 regarding off-premises/
distance contracts. The consumer and
38 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive
93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and
Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
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other end-user so requesting shall have
access to a copy of the contract on a
durable medium.
Member States may maintain or deleted
introduce
in
their
national
law
language requirements regarding the
contractual information, so as to
ensure that such information is easily
understood by the consumer or other
end-user so requesting.
(1d) Article 20(1) is replaced by the deleted
following:
‘
1. Member States shall ensure that, deleted
when subscribing to services providing
connection to a public communications
network and/or publicly available
electronic communications services,
consumers, and other end-users so
requesting, have a right to a contract
with an undertaking or undertakings providing such connection and/or
services. The contract shall specify at
least the following information:
(a) the identity, address and contact
information of the undertaking and, if
different, the address and contact
information for any complaints;
(b) the main characteristics of the deleted
services
provided,
including
in
particular,
(i) the specific tariff plan or tariff plans deleted
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EN
to which the contract applies and, for
each such tariff plan, the types of
services offered, including the volumes
of communications;
(ii)
access
to
information
on deleted
emergency services and caller location
for all relevant services offered , and
any limitations on the provision of
emergency services under Article 26,
(iii) the minimum service quality levels deleted
offered, namely the time for the initial
connection and, where appropriate,
other quality of service parameters, as
defined by the national regulatory
authorities,
(iv) the types of after-sales services,
maintenance services and customer
support services provided, including,
where feasible, technical information
for the proper functioning of the end-
user's chosen terminal equipment, the
conditions and charges for those
services, and the means of contacting
those services,
(v) any restrictions imposed by the deleted
provider on the use of terminal
equipment
supplied,
including
information on unlocking the terminal
equipment and any charges involved if
the contract is terminated before the
end of the minimum contract period;
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(vi) any restrictions imposed on the deleted
consumption
of
regulated
retail
roaming services provided at the
applicable domestic price level, by
reference to fair use criteria, including
detailed information on how such fair
use criteria are applied in relation to
the main pricing, volume or other
parameters of the tariff plan in
question;
(c) where an obligation exists under
Article 25, the subscriber's options as to
whether or not to include his or her
personal data in a directory and their
ability to verify, correct or withdraw
their entry;
(d) details of prices and tariffs deleted
including taxes and additional charges
that may possibly be levied, and the
means by which up-to-date information
on
all
applicable
tariffs
and
maintenance charges may be obtained;
(da) payment methods offered and any deleted
differences in costs due to the payment
method chosen, and available facilities
to safeguard bill transparency and
monitor the level of consumption;
(e) the duration of the contract and the deleted
conditions for renewal and termination
of services and of the contract,
including:
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(i) any minimum usage or duration deleted
required to benefit from promotional
terms,
(ii) any charges related to switching deleted
and portability of numbers and other
identifiers, including compensation and
refund arrangements for delay or abuse
of switching;
(iii) any charges due on early deleted
termination of the contract, including
any cost recovery with respect to
terminal equipment, on the basis of
customary depreciation methods, and
other promotional advantages, on a pro
rata temporis basis,
(f) any compensation and the refund
arrangements,
including,
where
applicable, an explicit reference to
statutory rights of the consumer which
apply if contracted service quality levels are not met;
(g) the means of initiating procedures deleted
for the settlement of disputes, including
cross-border disputes, in accordance
with Article 34;
(ga) details on how disabled end-users deleted
can obtain information on products
and services designed for them;
(h) the type of action that might be
taken by the undertaking in reaction to
security or integrity incidents or threats
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EN
and vulnerabilities.
Member States may also require that
the contract include any information
which may be provided by the relevant
public authorities for this purpose on
the use of electronic communications
networks and services to engage in
unlawful activities or to disseminate
harmful content, and on the means of
protection against risks to personal
security, privacy and personal data,
referred to in Article 21(4) and relevant
to the service provided.’
(1e) In Article 20, the following
paragraph is inserted:
‘1a. In addition to the information
referred to in paragraph 1, if the
contract includes the provision of
internet access services, that contract
shall also include the following
information:
(a) details of unit data pricing plans,
pricing plans for bulk data and any
applicable thresholds related to the
specific tariff plan or tariff plans to
which the contract applies. For data
volumes above thresholds, unit or bulk
pricing on an ad hoc or lasting basis
and any data speed limitations that may
be applied to the specific tariff plan or
tariff plans to which the contract
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applies;
(b) how end-users can monitor the
current level of their consumption,
whether and how any voluntary limits
can be set;
(c) for fixed data links, the normally
available and minimum download and
upload speed at the main location of
the end-user;
(d) for mobile data links, the estimated
and minimum download and upload
speed when connected through the
provider's wireless network in the end-
user's Member State of residence;
(e) other quality of service parameters,
as set out in accordance with Article 24
(2) of Regulation (EU) .../…39 ;
(f) information on any procedures put
in place by the provider to measure and
shape traffic including an indication of
the
underlying
communication
inspection methods used for reasonable
traffic management measures and
information on how those procedures
could impact on service quality, end-
users' privacy and the protection of
personal data; and
(g)
a
clear
and
comprehensible
explanation as to how any volume
39 OL: Please insert the number of this Regulation.
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limitation, the speed and other quality
of service parameters may in practice
have an impact on internet access
services, in particular the use of
content, applications and services.
(1f) Article 20 (2) is deleted
(1g) In Article 20, the following
paragraph is added:
‘2a. Member States may maintain or
introduce
additional
contractual
information requirements in relation to
contracts to which this Article applies.’;
(1h) In Article 20, the following
paragraph is added:
‘2b. BEREC shall issue guidelines for
the
establishment
of
standard
contractual
information
templates
containing the information required
under paragraphs 1 and 1a of this
Article.
National regulatory authorities may
specify additional requirements on the
content, form and manner of the
contractual
information
to
be
published, including in particular data
delivery speeds, taking utmost account
of the BEREC guidelines for the
methods of measuring the speed and
for the content, form and manner of
the information to be published, as set
out in Article 21(3a).’;
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(1i) The following Article is inserted:
‘Article 20a
Contract duration and termination
1. Member States shall ensure that the
maximum
duration
of
contracts
concluded between consumers and
providers of electronic communications
to the public is 24 months. Providers of
electronic
communications
to
the
public
shall
offer
end-users
the
possibility of 12 month contracts.
2. The consumer shall have the right to
withdraw from a distance or off
premises contract within 14 days after
its conclusion in accordance with
Directive 2011/83/EU.
3. Where a contract or national law
provides for contract periods with a
fixed term (as opposed to a minimum
term) to be automatically rolled over,
the
provider
of
electronic
communications to the public shall
inform the consumer in due time
thereof so that the consumer has at
least one month to oppose such
automatic roll-over. If the consumer
does not oppose such automatic roll-
over, the contract shall be deemed to be
a permanent rolling contract which can
be terminated by the consumer, at any
time with a one-month notice period
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and without incurring any costs except
the cost of providing service during the
notice period.
4. Member States shall ensure that
consumers have the right to terminate
their contract without incurring any
costs upon receiving notice of changes
in the contractual conditions proposed
by
the
provider
of
electronic
communications to the public unless
the proposed changes are exclusively to
the benefit of the end-user. Providers
shall give consumers adequate notice,
not less than one month, of any such
change, and shall inform them at the
same time of their right to terminate
their contract without incurring any
costs if they do not accept the new
contractual conditions. Paragraph 2
shall apply mutatis mutandis.
5.
Any
significant
discrepancy,
continuous or regularly recurring,
between
the
actual
performance
regarding speed or other quality of
service
parameters
and
the
performance indicated by the provider
of electronic communications to the
public in accordance with Article 20
shall be deemed to constitute non-
conformity of performance for the
purposes of determining the remedies
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available
to
the
consumer
in
accordance with national law.
6. Member States shall ensure that a
subscription to additional services
provided by the same provider of
electronic
communications
to
the
public shall not re-start the initial
contract period unless the additional
services are offered at a special
promotional price available only on the
condition that the existing contract
period is re-started.
7. Member States shall ensure that
providers of electronic communications
to the public apply conditions and
procedures for contract termination
which do not raise obstacles to or
disincentives against changing service
providers.
8. If a bundle of services offered to
consumers
comprises
at
least
a
connection
to
an
electronic
communications
network
or
an
electronic communications service, the
provisions of this Article shall apply to
all elements of the bundle.
9. Member States may maintain or deleted
introduce additional requirements to
ensure a higher level of consumer
protection in relation to contracts to
which this Article applies.’;
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(1j) Article 21 is replaced by the deleted
following:
‘
Article 21
deleted
‘1. Member States shall ensure that
national regulatory authorities are able
to oblige undertakings providing public
electronic communications networks
and/or publicly available electronic
communications services to publish
transparent, comparable, adequate and
up-to-date information on applicable
prices and tariffs, on any charges due
on early termination of a contract and
on standard terms and conditions in
respect of access to, and use of, services
provided by them to end-users in
accordance with Annex II. Such
information shall be published in a
clear,
comprehensive
and
easily
accessible form and shall be updated
regularly. Any differentiation in the
conditions applied to consumers and
other end-users so requesting shall be
made explicit.
National regulatory authorities may
specify
additional
requirements
regarding the form in which such
information is to be published, which
may
in
particular
include
the
introduction of language requirements
so as to ensure that such information is
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EN
easily understood by consumers and
other end-users so requesting. Member
States shall ensure that providers of
electronic
communications
to
the
public are obliged upon request to
supply the information, to the relevant
national regulatory authorities, in
advance of its publication.
2. National regulatory authorities shall deleted
ensure that consumers and other end-
users so requesting have access to
independent evaluation tools to enable
them to compare the performance of
electronic communications network
access and services and the cost of
alternative usage patterns. Where such
facilities are not available on the
market free of charge or at a
reasonable price, Member States shall
ensure
that
national
regulatory
authorities are able to make such
guides
or
techniques
available
themselves or through third party
procurement. Third parties shall have a
right to use, free of charge, the
information published by undertakings
providing electronic communications
networks and/or publicly available
electronic communications services for
the purposes of selling or making
available such independent evaluation
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EN
tools.
2a. Member States shall ensure that deleted
national regulatory authorities, under
guidance from BEREC and following
consultation with relevant stakeholders,
establish a voluntary certification
scheme for interactive comparison
websites, guides or similar tools, based
on
objective,
transparent
and
proportionate requirements, including
in particular independence from any
provider of electronic communications
to the public.
3. Member States shall ensure that deleted
national regulatory authorities are able
to oblige undertakings providing public
electronic communications networks
and/or publicly available electronic
communications services to inter alia:
(a) provide end-users with applicable
tariff
information
regarding
any
number or service subject to particular
pricing conditions; with respect to
individual
categories
of
services,
national regulatory authorities may
require such information to be provided
immediately prior to connecting the
call;
(b)provide end-users with information
on access to emergency services and
caller location for all relevant services
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EN
offered, and any limitations on the
provision of emergency services under
Article 26, and to ensure that any
changes are notified without delay;
(da) provide information on internet
access
services,
where
offered,
specifying the following:
(i) for fixed data links, the normally
available and minimum download and
upload speed in the end-user's Member
State of residence; for mobile data
links, the estimated and minimum
download and upload speed when
connected
through
the
provider's
wireless network in the end-user's
Member State of residence;
(ii) details of unit data pricing plans,
pricing plans for bulk data and any
applicable
thresholds.
For
data
volumes above thresholds: unit or bulk
pricing on an ad hoc or lasting basis
and any data speed limitations that may
be applied;
(iii) how end-users can monitor the
current level of their consumption,
whether and how any voluntary
limitations can be set;
(iv) a clear and comprehensible deleted
explanation as to how any data volume
limitation, the speed and other quality
of service parameters may in practice
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EN
have an impact on the use of internet
access services, in particular the use of
content, applications and services;
(v) information on any procedures put deleted
in place by the provider to measure and
shape traffic as defined in Article 23(5)
of Regulation (EU) .../...40 including an
indication
of
the
underlying
communication
inspection
methods
used
for
reasonable
traffic
management
measures
and
information on how those procedures
could impact on service quality, end-
users’ privacy and the protection of
personal data;
(e) inform consumers, and other end-
deleted
users where applicable,
of their right to
determine whether or not to include
their personal data in a directory, and
of the types of data concerned, in
accordance with Article 12 of Directive
2002/58/EC; and
(f)
regularly
inform
disabled
consumers, and other end-users, where
applicable, of details of products and
services designed for them and the
measures taken to ensure equivalence
of access;
40 OJ: Please insert the number of this Regulation.
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EN
If
deemed
appropriate,
national deleted
regulatory authorities may promote
self- or co-regulatory measures prior to
imposing any obligation. Member
States
may
specify
additional
requirements on the content, form and
manner of the information to be
published, taking utmost account of the
BEREC guidelines referred to in
paragraph 3a of this Article.
3a. By ...41, BEREC, after consulting deleted
stakeholders and in close cooperation
with the Commission, shall lay down
general guidelines for the methods of
measuring the speed, the quality of
service parameters to be measured
(inter alia average versus advertised
speeds; quality as perceived by users),
and the methods for measuring them
over time, as well as the content, form
and manner of the information to be
published, including possible quality
certification mechanisms, in order to
ensure
that
end-users,
including
disabled end-users, have access to
comprehensive, comparable, reliable
and user-friendly information. Where
appropriate, the parameters, definitions
and measurement methods set out in
41 OJ: Please insert the date of application of this Regulation.
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EN
Annex III may be used.
4. Member States may require that the deleted
undertakings referred to in paragraph
3 distribute public interest information
free of charge to end-users, where
appropriate, by the same means as
those ordinarily used by them in their
communications with end-users. In
such a case, that information shall be
provided
by
the
relevant
public
authorities
to
the
providers
of
electronic
communications
to
the
public in a standardised format and
may, inter alia, cover the following
topics:
(a) the most common uses of electronic
communications services to engage in
unlawful activities or to disseminate
harmful content, particularly where it
may prejudice respect for the rights and freedoms
of
others,
including
infringements of data protection rights,
copyright and related rights, and their
legal consequences; and
(b) the means of protection against
risks to personal security, privacy and
personal data when using electronic
communications services."
(1k) The following Article is inserted:
‘Article 21a
Control of consumption
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EN
1. Member States shall ensure that
providers of electronic communications
offer consumers and end-users the
facility to monitor and control their
usage of electronic communications
services billed on time or volume
consumption.
This
facility
must
include:
(a) for pre-paid and post-paid services,
access to timely information on their
service consumption free of charge;
(b) for post-paid services, the ability to
set free of charge a predefined
financial cap on their usage, to request
notification
when
a
predefined
proportion of the cap and the cap itself
has been reached, the procedure to be
followed to continue usage if the cap is
exceeded, and the applicable pricing
plans;
(c) itemised bills on a durable medium.
2. BEREC shall lay down guidelines deleted
for the implementation of paragraph 1.
After having reached the financial limit
end-users shall continue to be able to
receive calls and SMS messages and
access
free-phone
numbers
and
emergency services by dialling the
European emergency call number ‘112’
free of charge until the end of the
agreed billing period.’
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EN
(2) Articles 20, 21, 22 and 30 are (2) Articles 20, 21, 22 and 30 are
Article deleted
deleted.
22 is deleted.
(2a) Article 26 is replaced by the
following:
‘1. Member States shall ensure that all deleted
end-users of the service referred to in
paragraph 2, including users of public
pay telephones are able to call the
emergency services free of charge and
without having to use any means of
payment, by using the single European
emergency call number ‘112’ and any
national
emergency
call
number
specified by Member States.
1a. Member States shall ensure that all deleted
users
of
private
electronic
communication networks are able to
call the emergency services, or, where
applicable, the internal emergency
services, free of charge, by using the
single
European
emergency
call
number ‘112’ and any national
emergency call number specified by the
Member States.
2. Member States, in consultation with
national
regulatory
authorities,
emergency services and providers, shall
ensure that undertakings providing
end-users
with
an
electronic
communications service for originating
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EN
national calls to a number or numbers
in a national telephone numbering plan
provide access to emergency services.
3. Member States shall ensure that calls deleted
to the single European emergency call
number
‘112’
are
appropriately
answered and handled in the manner
best suited to the national organisation
of emergency systems. Such calls shall
be answered and handled at least as
expeditiously and effectively as calls to
the national emergency number or
numbers, where these continue to be in
use.
The Commission, in consultation with deleted
the relevant competent authorities,
shall adopt a recommendation on
performance indicators for Member
States. The Commission shall submit to
the European Parliament and the
Council a report on the effectiveness of
the implementation of the European
emergency call number ‘112’ and on
the functioning of the performance
indicators by the 31 December 2015
and every two years thereafter.
4. Member States shall ensure that
access for disabled end-users to
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EN
emergency services is equivalent to that
enjoyed by other end-users. Measures
taken to ensure that disabled end-users
are able to access emergency services
whilst travelling in other Member
States shall be based to the greatest
extent possible on European standards
or
specifications
published
in
accordance with the provisions of
Article 17 of Directive 2002/21/EC
(Framework Directive), and they shall
not prevent Member States from
adopting additional requirements in
order to pursue the objectives set out in
this Article.
5. Member States shall ensure that deleted
undertakings concerned make caller
location information available free of
charge to the authority handling
emergency calls as soon as the call
reaches that authority. This shall apply
to all calls to the single European
emergency call number ‘112’. Member
States may extend this obligation to
cover calls to national emergency
numbers. The Commission shall ensure
that competent regulatory authorities
shall lay down criteria for the accuracy
and
reliability
of
the
location
information provided in accordance
with paragraph 7 and taking utmost
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EN
account of the BEREC guidelines.
By (6 months after the DATE OF deleted
APPLICATION DEADLINE) BEREC,
after consulting relevant stakeholders
and in close cooperation with the
Commission, shall lay down guidelines
for the criteria for the accuracy and
reliability
of
the
caller
location
information provided to emergency
services. Those guidelines shall take
into account the feasibility of using a
mobile terminal equipped with a GNSS
devices of mobile terminals in order to
improve the accuracy and reliability of
the caller location information of a
‘112’ call.
6. Member States and the Commission
shall
ensure
that
citizens
are
adequately
informed
about
the
existence and use of the single
European emergency call number
‘112’, in particular through initiatives
specifically targeting persons travelling
between
Member
States.
The
Commission
shall
support
and
complement Member States' action.
7. In order to ensure the effective
access to ‘112’ services in the Member
States,
the
Commission,
having
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EN
consulted BEREC, shall be empowered
to adopt delegated acts in accordance
with Article 37a concerning caller
location criteria and key performance
indicators on access to ‘112’.
However,
these measures shall be adopted
without prejudice to, and shall have no
impact
on,
the
organisation
of
emergency services, which remains of
the exclusive competence of Member
States.
7a. The Commission shall maintain a
database
of
E.164
numbers
of
European emergency services to ensure
that they are able to contact each other
from one Member State to another.’;
(2b) The following Article is inserted:
‘Article 26 a
Reverse EU ‘112’ communication
system
No later than [1 year after the
transposition deadline] the Commission
shall submit a report to the European
Parliament and the Council on the
feasibility for setting up a Reverse EU
‘112’ communication system using
existing
electronic
communication
networks, that covers the whole Union,
is universal, multilingual, accessible,
straightforward and effective in order
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EN
to alert the public in the event of an
imminent or developing disaster or
major state of emergency.
The Commission shall consult BEREC deleted
and civil defence services, and examine
the
standards
and
specifications
necessary for the setting up of the
system referred to in paragraph 1.
While preparing that report the
Commission shall take into account
existing national and regional ‘112’
systems and shall comply with the
Union law on the protection of private
data. Where appropriate, that report
shall be accompanied by a legislative
proposal.’;
(2c) Article 30 is replaced by the deleted
following:
‘1. Member States shall ensure that all deleted
subscribers with numbers from the
national telephone numbering plan
who so request can retain their
number(s)
independently
of
the
provider of electronic communications
to the public providing the service in
accordance with the provisions of Part
C of Annex I.’
2. National regulatory authorities shall deleted
ensure that pricing between operators
and/or service providers related to the
provision of number portability is cost-
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EN
oriented, and that direct charges to
subscribers, if any, do not act as a
disincentive for subscribers against
changing service provider.
3. National regulatory authorities shall deleted
not impose retail tariffs for the porting
of numbers in a manner that would
distort competition, such as by setting
specific or common retail tariffs.
4.
Porting of numbers and their deleted
subsequent activation shall be carried
out within the shortest possible time
For end-users who have concluded an
agreement to port a number to a new
provider that number shall be activated
within one working day.
Without
prejudice
to
the
first
subparagraph,
competent
national
authorities may establish the global
process of switching and porting of
numbers taking into account the
BEREC guidelines referred to in
paragraph 4b. They shall take into
account necessary end-user protection
throughout the switching process, the
need to ensure the efficiency of such a
process for the end-user, the need to
maintain continuity of service to the
end-user and the need to ensure that
switching processes are not harmful to
competition . In any event, loss of
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EN
service during the process of porting
shall not exceed one working day. End-
users shall not be switched to another
provider against their will.
Member States shall ensure that
appropriate sanctions on undertakings
are
provided
for,
including
an
obligation to compensate subscribers in
case of delay in porting, of not making
available information necessary for
porting in a timely manner, or abuse of
porting by them or on their behalf.
4a. The receiving provider of electronic
communications to the public shall lead
the switching and porting process. End-
users
shall
receive
adequate
information on switching before and
during the switching process, and also
immediately after it is concluded.
4b. BEREC shall lay down guidelines
on all the modalities and procedures of
the switching and porting process, in
particular the respective responsibilities
of the receiving and transferring
provider in the process of switching
and porting, information to be provided
to consumers during that process,
timely termination of an existing
contract the refund of any pre-
payments
and
effective
e-mail
forwarding services.
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EN
4c. If a bundle of services offered to
consumers
comprises
at
least
a
connection
to
an
electronic
communications
network
or
an
electronic communications service, the
provisions of this Article shall apply to
all elements of the bundle.’;
(2d) In Article 34 the following
paragraph is added:
‘1a. The out-of-court procedures set up
in accordance with paragraph 1 shall
also apply to disputes related to
contracts between consumers, and
other end-users to the extent that such
out-of-court procedures are available
also for them, and providers of
electronic
communications
to
the
public which are established in another
Member State. In the case of disputes
falling within the scope of Directive
2013/11/EU42, the provisions of that
Directive shall apply.
(2e) The following Article 37a is
inserted:
‘Article 37a
Exercise of the delegation
1. The power to adopt delegated acts is
conferred on the Commission subject to
42 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer
disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18 6 2013, p.63).
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the conditions laid down in this Article.
2. The power to adopt delegated acts
referred to in Article 26 shall be
conferred on the Commission for an
indeterminate period of time from ...43 .
3. The delegation of power referred to
in Article 26 may be revoked at any
time by the European Parliament or by
the Council. A decision to revoke shall
put an end to the delegation of the
power specified in that decision. It shall
take effect the day following the
publication of the decision in the
Official Journal of the European
Union or at a later date specified
therein. It shall not affect the validity of
any delegated acts already in force.
4. As soon as it adopts a delegated act, deleted
the
Commission
shall
notify
it
simultaneously
to
the
European
Parliament and to the Council.
(2f) In Annex II, point 1 is replaced by deleted
the following:
‘1. Name(s), address(es) and contact
information of undertaking(s)
i.e. names and head office addresses of deleted
undertakings
providing
public
communications
networks
and/or
publicly available telephone services.’;
43 OJ: Please insert the date of entry into force of this Regulation
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EN
(2g) In Annex II, point 2.2 is replaced
by the following:
‘2.2. For each tariff plan, the services
provided and the relevant quality of
service parameters, the applicable tariff
plan(s) and, for each such tariff plan,
the types of services offered, including
the volumes of communications, and
any applicable charges (access, usage,
maintenance
and
any
additional
charges) , as well as costs with respect
to terminal equipment.’;
(2h) In Annex II, the following point is
inserted:
‘2.2.a. Additional information on deleted
internet access services, where offered,
including in particular details on data
pricing, download and upload data
speeds and any applicable speed
limitations, on possibilities to monitor
consumption levels, on any applicable
traffic management procedures and
their impact on service quality, on end-
user privacy and on the protection of
personal data.’;
(2i) In Annex II, Point 2.5 is replaced
by the following:
‘2.5. Standard contract terms and deleted
conditions, including any minimum
contractual period, the conditions for
and any charges due on early
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EN
termination of the contract, the
procedures and direct charges related
to the switching and portability of
numbers and other identifiers, if
relevant,
and
compensation
arrangements for delay or abuse of
switching.’
2. Member States shall maintain in
[no changes]
force until 1 July 2016 all measures
transposing the provisions referred to
in paragraph 1.
Article 37 – Amendments to
[no changes]
Article 37 6 – Amendments to Regulation (EU) No
Regulation (EU) No 531/2012
531/2012
Regulation (EU) No 531/2012 is
[no changes]
[no changes]
amended as follows:
(1) In Article 1(1), the following third
deleted
In Article 1(1), the following third subparagraph is
subparagraph is inserted:
inserted:
ʻThis Regulation shall apply to
(1) ʻThis Regulation shall apply to roaming services
roaming services provided in the Union
provided in the Union to end users whose domestic
to end users whose domestic provider
provider is a provider of electronic communications to
is
a
provider
of
electronic
the public in a Member State.ʼ
paragraph 7 is deleted.
communications to the public in a
Member State.ʼ
(2)
(2) In Article 2 (2), the following point
deleted
In Article 2 (2) the following point (r) is inserted:,
(r) is inserted:
paragraph 2 is amended as follows:
a) points (i), (l) and (n) are deleted;
b) the following points are added:
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EN
ʻ(r) "bilateral or multilateral roaming
(r)
“domestic retail price” means roaming
agreement" means one or more
provider’s retail per unit domestic charge applicable to
commercial or technical agreements
calls made and SMS sent (both originated and
among roaming providers that allow
terminated on different public communications
the virtual extension of the home
networks within the same Member State), and to data
network coverage and the sustainable
consumed by a customer. In case there is no specific
provision by each roaming provider of
domestic retail price per unit, the domestic retail price
regulated retail roaming services at the
shall be deemed to be the same charging mechanism
same price level as their respective
as if the customer would be consuming the domestic
domestic
mobile
communications
tariff in his Member State;
services.ʼ
(s)“basic roaming allowance” means a certain number of minutes of regulated roaming voice calls
made and received, a certain number of regulated
roaming SMS sent and a certain amount of megabytes
of regulated data roaming services, which the roaming
provider must offer to its roaming customers for a
certain number of not necessarily consecutive days per
calendar year at a price which shall not exceed the
respective domestic retail price;
(t)“separate sale of regulated retail data roaming services” means the provision of regulated data
roaming services provided to roaming customers
directly on a visited network by an alternative roaming
provider.
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EN
(3) In Article 4, the following
deleted
(3) In Article 4, the following paragraph 7 is added
is
paragraph 7 is added:
amended as follows:
ʻ7.This Article shall not apply to roaming providers that
provide regulated retail roaming services in accordance
with Article 4a.ʼ
ʻ7.This Article shall not apply to
deleted
(a) the title of Article 4 is replaced by the following:
roaming
providers
that
provide
regulated retail roaming services in
Separate sale of regulated retail data roaming
accordance with Article 4a.ʼ
services.
(b) paragraph 1, the first subparagraph is deleted;
(c) paragraphs 4 and 5 are deleted.
(4) The following Article 4a
5 is inserted
amended as follows:
(a) the title of Article 5 is replaced by the following:
Implementation of separate sale of regulated retail
data roaming services.
(b)paragraph 1 is replaced by the following:
Domestic providers shall implement the obligation
related to separate sale of regulated retail data
roaming services provided for in Article 4 so that
roaming customers can use separate regulated data
roaming services. Domestic providers shall meet all
reasonable requests for access to facilities and related
support services relevant for the separate sale of
regulated retail data roaming services. Access to those
facilities and support services that are necessary for
the separate sale of regulated data roaming services,
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EN
including user authentication services, shall be free of
charge and shall not entail any direct charges to
roaming customers.
(c) paragraph 2 is replaced by the following:
In order to ensure consistent and simultaneous
implementation across the Union of the separate sale
of regulated retail data roaming services, the
Commission shall, by means of implementing acts and
after having consulted BEREC, adopt detailed rules
on a technical solution for the implementation of the
separate sale of regulated retail data roaming services.
Those implementing acts shall be adopted in
accordance with the examination procedure referred
to in Article 6(2).
(d) in paragraph 3, the introduction is amended as follows:
The technical solution to implement the separate sale
of regulated retail data roaming services shall meet
the following criteria:
(4) The following Article 4a is
deleted
inserted:
(4a) The following articles are inserted: (5) In Article
s 8, paragraph 2 is amended
10 and 13 are
deleted and replaced as follows:
ʻArticle 4a
'Article 6a
Article 6a
Abolition of retail roaming charges
Retail roaming charges
1. This Article shall apply to roaming
1.With effect from 15 December 2015, 1. Roaming providers shall include in all tariff plans
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EN
providers which:
roaming providers shall not levy any containing regulated roaming services a basic
(a) apply, by default and in all their
surcharge in comparison to the charges roaming allowance referred to in Article 6b(1). For
respective retail packages that include
for mobile communications services at consumption within the basic allowance, roaming
regulated
roaming
services,
the
domestic level on roaming customers in providers may not levy any surcharge in comparison
applicable domestic service rate to both
any Member States for any regulated to the domestic retail price for mobile communications
domestic
services
and
regulated
roaming call made or received, for any services on roaming customers in any Member State
roaming services throughout the Union,
regulated roaming SMS/MMS message for any regulated roaming call made or received, for
as if the regulated roaming services
sent and for any regulated data any regulated roaming SMS/MMS message sent and
were consumed on the home network;
roaming services used, nor any general for any regulated data roaming services used, nor any
and
charge
to
enable
the
terminal general charge to enable the terminal equipment or
equipment or service to be used abroad. service to be used abroad.
(b) ensure, whether through their own
2. Without prejudice to the third subparagraph, if
networks or by virtue of bilateral or
roaming providers apply a surcharge for the
multilateral roaming agreements with
consumption of regulated roaming services in excess
other roaming providers, that the
of the basic roaming allowance, it shall meet the
provisions of point (a) are complied
following requirements:
with by at least one roaming provider
in all Member States.
2. Paragraphs 1, 6 and 7 shall not
(a)the surcharge applied for regulated roaming calls
preclude the limitation by a roaming
made, regulated roaming SMS messages sent and
provider of consumption of regulated
regulated data roaming services shall not exceed the
retail roaming services at the applicable
maximum wholesale charges provided for in Articles
domestic service rate by reference to a
7(2), 9(1) and 12(1), respectively.
reasonable
use
criterion.
Any
reasonable use criterion shall be
applied in such a way that consumers
availing of the roaming provider's
various domestic retail packages are in
a position to confidently replicate the
typical domestic consumption pattern
associated
with
their
respective
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EN
domestic
retail
packages
while
periodically
travelling
within
the
Union. A roaming provider availing of
this possibility shall publish, in
accordance with Article 25(1)(b) of
Regulation XXX/2014, and include in
its contracts, in accordance with Article
26(1)(b) and (c) of that Regulation,
detailed quantified information on how
the reasonable use criterion is applied,
by reference to the main pricing,
volume or other parameters of the retail
package in question. By 31 December
2014, BEREC shall, after consulting
stakeholders and in close cooperation
with the Commission, lay down
general guidelines for the application
of reasonable use criteria in the retail
contracts
provided
by
roaming
providers availing of this Article.
BEREC shall develop such guidelines
by reference to the overall objective set
out in the first subparagraph, and shall
have regard in particular to the
evolution of pricing and consumption
patterns in the Member States, to the
degree of convergence of domestic
price levels across the Union, to any
observable effect of roaming at
domestic service rates on the evolution
of such rates, and to the evolution of
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EN
wholesale
roaming
rates
for
unbalanced traffic between roaming
providers. The competent national
regulatory authority shall monitor and
supervise the application of reasonable
use criteria, taking utmost account of
the BEREC general guidelines once
they are adopted, and shall ensure that
unreasonable terms are not applied.
3. Individual end-users served by a
(b)the surcharge applied for regulated roaming calls
roaming provider availing of this
received shall not exceed the weighted average of
Article may, upon their own request,
maximum mobile termination rates across the Union
make a deliberate and explicit choice to
set out in accordance with paragraph 3.
renounce the benefit of the application
to regulated roaming services of the
applicable domestic service rate under
a given retail package in return for
other advantages offered by that
provider. The roaming provider shall
remind those end users of the nature of
the roaming advantages which would
thereby be lost. National regulatory
authorities shall monitor in particular
whether roaming providers availing of
this
Article
engage
in
business
practices which would amount to
circumvention of the default regime.
4. Regulated retail roaming charges
deleted
Roaming providers may implement usage policies
laid down in Articles 8, 10 and 13 shall
necessary to prevent anomalous or abusive usage of
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EN
not apply to roaming services offered
calls received.
by a roaming provider availing of this
Article to the extent that these are
charged at the level of the applicable
domestic service rate. Where a roaming
provider availing of this Article applies
charges which are different from the
applicable domestic service rate for
consumption of regulated roaming
services going beyond reasonable use
of such services in accordance with
paragraph 2, or where an individual
end user explicitly renounces the
benefit of domestic service rates for
regulated EN 63 EN roaming services
in accordance with paragraph 3, the
charges for those regulated roaming
services shall not exceed the retail
roaming charges laid down in Articles
8, 10 and 13.
5. A roaming provider wishing to avail
deleted
Roaming providers shall not apply any surcharge to a
of this Article shall notify its own
regulated roaming SMS message received or to a
declaration and any bilateral or
roaming voicemail message received. This shall be
multilateral agreements by virtue of
without prejudice to other applicable charges such as
which it fulfills the conditions of
those for listening to such messages.
paragraph 1, and any changes thereto,
to the BEREC Office. The notifying
roaming provider shall include in its
notification proof of agreement to such
notification by any contractual partners
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to notified bilateral or multilateral
roaming agreements.
6. In the period from 1 July 2014 until
deleted
Roaming providers shall charge roaming calls made
30 June 2016, this Article shall apply
and received on a per second basis. Roaming
to roaming providers which do not
providers may apply an initial minimum charging
fulfill the conditions set out in
period not exceeding 30 seconds to calls made.
paragraph 1, when they respect the
Roaming providers shall charge its customers for the
following conditions:
provision of regulated data roaming services on a per-
kilobyte basis, except for Multimedia Messaging
Service (MMS) messages which may be charged on a
per-unit basis.
(a) the roaming provider notifies its
deleted
This paragraph shall not preclude offers which
own declarataion and any relevant
provide roaming customers, for a per diem or any
bilateral
or
multilateral
roaming
other fixed periodic charge, a certain volume
agreements to the BEREC Office in
allowance consistent with ordinary domestic usage
accordance with paragraph 5, making
and typical travel periods provided that the amount of
specific reference to this paragraph;
the consumption of the full amount of the volume
included in the offer leads to a unit price per regulated
roaming calls made, calls received, SMS messages
sent and data roaming services which does not exceed
the respective domestic retail price and the maximum
surcharge as set out in the first subparagraph.
(b) the roaming provider ensures,
deleted
3. By 1 January 2016, BEREC shall set out the
whether through its own networks or
weighted average of maximum mobile termination
by virtue of bilateral or multilateral
rates referred to in point (b) of paragraph 2 on the
roaming
agreements
with
other
basis of (i) the maximum level of mobile termination
roaming providers, that the conditions
rates imposed in the market for wholesale voice call
of points (c),(d) and (e) are complied
termination on individual mobile networks by the
with in at least 17 Member States
national regulatory authorities in accordance with
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representing 70% of the population of
Articles 7 and 16 of the Framework Directive and
the Union;
Article 13 of Directive 2002/19/EC, and (ii) total
number of subscribers in Member States. At the
request from BEREC, national regulatory authorities
shall communicate to BEREC the information
referred to in (ii). BEREC shall review the average of
maximum mobile termination rates set out in
accordance with this Article every year from the date
of application of this Regulation.
(c) the roaming provider and any
deleted
Decisions taken by the Board of Regulators of
contractual partners within the meaning
BEREC for the purposes of this paragraph may be
of point (b) each undertakes to make
subject of proceedings before the Court of Justice of
available and actively offer, at the
the European Union.
latest as from 1 July 2014, or as from
the date of notification, whichever is
the later, at least one retail package
with a tariff option according to which
the applicable domestic service rate
applies to both domestic services and
regulated roaming services throughout
the Union, as if those regulated
roaming services were consumed on
the home network;
(d) the roaming provider and any
deleted
4. Roaming providers may offer and roaming
contractual partners within the meaning
customers may deliberately choose a roaming tariff
of point (b) each undertakes to make
other than the one set out in paragraphs 1 and 2, by
available and actively offer, at the
virtue of which roaming customers benefit from a
latest as from 1 July 2015, or as from
different tariff for regulated roaming service than they
the date of notification, whichever is
would have been accorded in the absence of such a
the later, such tariff options in retail
choice. The roaming provider shall remind those
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EN
packages which, on 1 January of that
roaming customers of the nature of the roaming
year, were used by at least 50% of their
advantages which would thereby be lost.
respective customer base;
(e) the roaming provider and any
deleted
Without prejudice to the previous subparagraph,
contractual partners within the meaning
roaming providers shall apply the tariff set out in
of point (b) each undertakes to comply,
paragraphs 1 and 2 to all existing and new roaming
at the latest as from 1 July 2016, with
customers automatically.
paragraph 1(b) in all of their respective
retail packages. The roaming provider
availing of this Article and any
contractual partners within the meaning
of point (b) may, as an alternative to
the undertaking referred to in point (d),
undertake, as from 1 July 2015, or as
from
the
date
of
notification,
whichever is the later, that any roaming
surcharges applied in addition to the
applicable domestic service rate in its
various
retail
packages
are,
in
aggregate, no more than 50% of those
applicable in those packages on 1
January 2015, irrespective of whether
such surcharges are calculated on the
basis of units such as voice minutes or
megabytes, of periods such as days or
weeks of roaming, or by any other
means
or
combination
thereof.
Roaming providers invoking this point
shall demonstrate compliance with the
requirement of a 50% reduction to the
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EN
national regulatory authority and shall
supply
all
necessary
supporting
evidence requested of them. Where the
roaming provider availing of this
Article notifies its own declaration and
any relevant bilateral or multilateral
roaming agreements to the BEREC
Office pursuant to point (a) of the first
subparagraph and thereby falls under
this paragraph, the notifying roaming
provider and any contractual partners
within the meaning of point (b) shall
each be bound to comply with their
respective undertakings in accordance
with points (c), (d) and (e) of the first
subparagraph, including any alternative
undertaking to that provided for in
point (d) of that subparagraph, until at
least 1 July 2018.
7. In the period from 1 July 2014 until
deleted
When roaming customers deliberately choose to
30 June 2016, this Article shall apply
switch from or back to the tariff set out in paragraphs
to roaming providers which do not
1 and 2, any switch shall be made within one working
fulfill the conditions set out in
day of receipt of the request and shall be free of
paragraph 1, when they respect the
charge. Roaming providers may delay a switch until
following conditions:
the previous roaming tariff has been effective for a
minimum specified period not exceeding two months.
(a) the roaming provider notifies its
deleted
deleted
own declarataion and any relevant
bilateral
or
multilateral
roaming
agreements to the BEREC Office in
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accordance with paragraph 5, making
specific reference to this paragraph;
(b) the roaming provider ensures,
deleted
deleted
whether through its own networks or
by virtue of bilateral or multilateral
roaming
agreements
with
other
roaming providers, that the conditions
of paragraph 1(a) are complied with in
at least 10 Member States representing
30% of the population of the Union, at
the latest as from 1 July 2014, or as
from
the
date
of
notification,
whichever is the later;
(c) the roaming provider ensures,
deleted
deleted
whether through its own networks or
by virtue of bilateral or multilateral
roaming
agreements
with
other
roaming providers, that the conditions
of paragraph 1(a) are complied with in
at least 14 Member States representing
50% of the population of the Union, at
the latest as from 1 July 2015, or as
from
the
date
of
notification,
whichever is the later;
(d) the roaming provider ensures,
deleted
deleted
whether through its own networks or
by virtue of bilateral or multilateral
roaming
agreements
with
other
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EN
roaming providers, that the conditions
of paragraph 1(a) are complied with in
at least 17 Member States representing
70% of the population of the Union, at
the latest as from 1 July 2016. Where a
roaming provider availing of this
Article notifies its own declaration and
any relevant bilateral or multilateral
roaming agreements to the BEREC
Office pursuant to point (a) of the first
subparagraph and thereby falls under
this paragraph, the notifying roaming
provider and any contractual partners
within the meaning of point (b) shall
each be bound to comply with their
respective undertakings to comply with
the conditions of paragraph 1(a), until
at least 1 July 2018.
8. Roaming providers shall negotiate in
deleted
deleted
good faith the arrangements towards
establishing bilateral or multilateral
roaming agreements, on fair and
reasonable terms having regard to the
objective that such agreements with
other roaming providers should allow
the virtual extension of the home
network coverage and the sustainable
provision by each of the roaming
providers availing of this Article of
regulated retail roaming services at the
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EN
same price level as their respective
domestic
mobile
communications
services.
9. By way of exception to paragraph 1,
deleted
deleted
after 1 July 2016, this Article shall
apply to roaming providers availing of
this Article when those roaming
providers demonstrate that they have
sought in good faith to establish or
extend a bilateral or multilateral
roaming agreements on the basis of fair
and reasonable terms in all Member
States where they do not yet fulfill the
requirements of 1 and have been
unable to secure any bilateral or
multilateral roaming agreement with a
roaming provider in one or more
Member States, provided they comply
with the minimum coverage referred to
in paragraph 6(b) and with all other
relevant provisions of this Article. In
those cases, roaming providers availing
of this Article shall continue to seek to
establish
reasonable
terms
for
conclusion of a roaming agreement
with a roaming provider from any
unrepresented Member State.
10. Where an alternative roaming
deleted
deleted
provider has already been granted
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access to a domestic provider's
customers pursuant to Article 4(1) and
has already made the necessary
investments to serve those customers,
Article 4(7) shall not apply to such a
domestic provider during a transitional
period of three years. The transitional
period is without prejudice to the need
to respect any longer contractual period
agreed with the alternative roaming
provider. EN 65 EN
11. This Article is without prejudice to
deleted
deleted
the application of Union competition
rules to bilateral and multilateral
roaming agreements.
Article 6b
Article 6b
Fair usage
Basic roaming allowance
1. By way of derogation from article 6a, 1. The basic roaming allowance shall be available at and to prevent anomalous or abusive minimum for [a] days per calendar year and shall
usage of retail roaming services, allow a minimum daily consumption of [b] minutes of
roaming providers may apply a ‘fair regulated roaming voice calls made, [b] minutes of
use clause’ to the consumption of regulated roaming voice calls received, [c] regulated
regulated
retail
roaming
services roaming SMS messages sent and [d] megabytes of
provided at the applicable domestic regulated data roaming services.
price level, by reference to fair use
criteria. These criteria shall be applied
in such a way that consumers are in a
position to confidently replicate the
typical domestic consumption pattern
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EN
associated
with
their
respective
domestic
retail
packages
while
periodically
travelling
within
the
Union.
2. In accordance with Article 20 of 2. Roaming providers shall publish and include in Directive
2002/22/EC,
roaming their contracts detailed quantified information on how
providers shall publish and include in the basic roaming allowance is applied, by reference
their contracts detailed quantified to its main pricing or volume parameters. information on how any fair use
criteria are applied, by reference to the
main
pricing,
volume
or
other
parameters of the retail package in
question.
3. By 31 December 2014, BEREC shall,
after consulting stakeholders and in
close cooperation with the Commission,
lay down general guidelines for the
application of fair use criteria in retail
contracts
provided
by
roaming
providers. BEREC shall have regard in
particular to the evolution of pricing
and consumption patterns in the
Member States, to the degree of
convergence of domestic price levels
across the Union, to any observable
effect of roaming at domestic service
rates on the evolution of such rates,
and to the evolution of effective
wholesale
roaming
rates
for
unbalanced traffic between roaming
providers.
In
addition,
BEREC's
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EN
guidelines may also have regard to
relevant objective variations between
Member States or between roaming
providers in respect of factors such as
domestic price levels, typical volumes
included in retail packages or the
average period during which customers
travel within the Union.
4. In order to ensure consistent and
simultaneous implementation across
the Union of the application of the fair
use criteria, the Commission shall, by
means of implementing acts and based
on the BEREC guidelines referred on
paragraph 3, adopt, by 30 June 2015,
detailed rules on the application of fair
use criteria.
5. The competent national regulatory
authority shall strictly monitor and
supervise the application of fair use
criteria as defined by the Commission
implementing
act
referred
on
paragraph 4, taking utmost account of
the BEREC general guidelines, of
relevant objective factors specific to its
Member State and of relevant objective
variations between roaming providers,
and shall ensure that unreasonable
terms are not applied.
6. The retail charges for euro tariff
services established by articles 8, 10
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EN
and 13 of this Regulation apply for
regulated roaming services in excess of
any fair usage limit applied in
accordance with article 6b.'
(5) In Article 8, paragraph 2 is [no change]
deleted
amended as follows:
(a) the
first
subparagraph
is [no change]
deleted
replaced by the following:
ʻ2. With effect from 1 July 2013, the '2. With effect from 1 July 2013
2012 ,
deleted
retail charge (excluding VAT) for a the retail charge (excluding VAT) for a
euro-voice tariff which a roaming euro-voice tariff which a roaming
provider may levy on its roaming provider may levy on its roaming
customer for the provision of a customer for the provision of a regulated
regulated roaming call may vary for roaming call may vary for any roaming
any roaming call but shall not exceed call but shall not exceed EUR 0.24
0,29 EUR 0,24 per minute for any call made per minute for any call made or EUR
or EUR 0,07 per minute for any call 0.07
0,08 per minute for any call
received. The maximum retail charge received. The maximum retail charge for
for calls made shall decrease to EUR calls made shall decrease to EUR 0.19
0,19 on 1 July 2014. As of 1 July 2014,
0,24 on 1 July
20132014. As of
and to
roaming providers shall not levy any
EUR 0,19 on 1 July 2014, roaming
charge on their roaming customers for providers
and the maximum retail
calls received, without prejudice to
charge for calls received shall not levy
measures taken to prevent anomalous any charge on their roaming customers
or fraudulent usage. Without prejudice for calls received, without prejudice to
to Article 19 those maximum retail measures taken to prevent anomalous or
charges for the euro-voice tariff shall fraudulent usage. Without prejudice to
remain valid until 30 June 2017.ʼ
Article 19 those maximum retail charges
for the euro-voice tariff shall remain
valid until 30 June 2017.ʼ
decrease to
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EN
EUR 0,07 on 1 July 2013 and to EUR
0,05 on 1 July 2014. The maximum
charges applicable as of 1 July 2014
shall expire 16 December 2015 save for
regulated roaming calls in excess of
any fair use limit applied in accordance
with Article 6b.'
(b) the third subparagraph is replaced
deleted
deleted
by the following:
ʻEvery roaming provider shall charge
its roaming customers for the provision
of any regulated roaming call to which
a euro-voice tariff applies on a per-
second basis.ʼ
(5a) In Article 10, paragraph 2 is deleted
replaced by the following:
'2. With effect from 1 July 2012, the deleted
retail charge (excluding VAT) for a
euro-SMS tariff which a roaming
provider may levy on its roaming
customer for a regulated roaming SMS
message sent by that roaming customer
may vary for any regulated roaming
SMS message but shall not exceed
EUR 0,09. That maximum charge shall
decrease to EUR 0,08 on 1 July 2013
and to EUR 0,06 on 1 July 2014. The
maximum charges applicable as of 1
July 2014 shall expire 16 December
2015 save for regulated roaming SMS
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messages in excess of any fair use limit
applied in accordance with Article 6b.'
(5b) In Article 13, paragraph 2, the first
subparagraph is replaced by the
following:
'2. With effect from 1 July 2012, the deleted
retail charge (excluding VAT) of a
euro-data tariff which a roaming
provider may levy on its roaming
customer for the provision of a
regulated data roaming service shall
not exceed EUR 0,70 per megabyte
used. The maximum retail charge for
data used shall decrease to EUR 0,45
per megabyte used on 1 July 2013 and
to EUR 0,20 per megabyte used on 1
July 2014. The maximum charges
applicable as of 1 July 2014 shall
expire 16 December 2015 save for
regulated data roaming services in
excess of any fair use limit applied in
accordance with Article 6b.'
(6) In Article 14, the following
deleted
(6) In Article 14, the following paragraphs 1a is
paragraph 1a is inserted:
inserted
and 3 are replaced as follows:
(6a) Article 14 is deleted and replaced
by the following with effect from 15
December 2015.
ʻ1a. When the consumption of
'1. To alert roaming customers to the 1. To alert roaming customers to the fact that they regulated retail roaming services at the
fact that they will be subject to roaming may be subject to roaming charges when making or
applicable domestic service rate is
charges when making or receiving a receiving a call or when sending an SMS message,
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limited by reference to a reasonable use
call or when sending an SMS message, each roaming provider shall, except when the
criterion in accordance with Article
each roaming provider shall, except customer has notified the roaming provider that he
4a(2), roaming providers shall alert
when the customer has notified the does not require this service, provide the customer,
roaming
customers
when
the
roaming provider that he does not automatically by means of a Message Service, without
consumption of roaming calls and SMS
require this service, provide the undue delay and free of charge, when he enters a
messages has reached the reasonable
customer, automatically by means of a Member State other than that of his domestic provider,
use limit and at the same time shall
Message Service, without undue delay with basic personalised pricing information on the
provide roaming customers with basic
and free of charge, when he enters a roaming charges (including VAT) that apply to the
personalised pricing information on the
Member State other than that of his making and receiving of calls and to the sending of
roaming charges applicable to making
domestic
provider,
with
basic SMS messages by that customer in the visited Member
a voice call or sending an SMS
personalised pricing information on the State.
message outside the domestic service
roaming charges (including VAT) that
rate or package in accordance with the
apply to the making and receiving of second, fourth and fifth sub-paragraphs
calls and to the sending of SMS
of paragraph 1 of this Article.ʼ
messages by that customer in the visited
Member State.
That
basic
personalised
pricing That basic personalised information shall include
information
shall
include
the information on the basic roaming allowance (volume
maximum charges (in the currency of and availability in number of days) and on the charges
the
home
bill
provided
by
the which apply in excess of the basic roaming allowance
customer's domestic provider) to which within the EU (in the currency of the home bill
the customer may be subject under his provided by the customer's domestic provider) to
tariff scheme for:
which the customer may be subject under his tariff
scheme for:
(a) making regulated roaming calls (
a) making regulated roaming calls within the visited within the visited Member State and Member State and back to the Member State of his
back to the Member State of his domestic provider, as well as for regulated roaming
domestic provider, as well as for calls received; and regulated roaming calls received; and
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(b) sending regulated roaming SMS (b) sending regulated roaming SMS messages while in messages while in the visited Member the visited Member State. State.
It shall also include the free-of-charge The first, second, fourth and fifth subparagraphs, with number referred to in paragraph 2 for exception of the reference to the basic roaming
obtaining more detailed information allowance therein, shall also apply to voice and SMS
and information on the possibility of roaming services used by roaming customers
accessing
emergency
services
by travelling outside the Union and provided by a
dialling
the
European
emergency roaming provider.
number 112 free of charge.
On the occasion of each message, a 3. Roaming providers shall provide all users with full customer shall have the opportunity to information on applicable roaming charges, when
give notice to the roaming provider, subscriptions are taken out. They shall also provide
free of charge and in an easy manner, their roaming customers with updates on applicable
that he does not require the automatic roaming charges without undue delay each time there
Message Service. A customer who has is a change in these charges.
given notice that he does not require
the automatic Message Service shall
have the right at any time and free of
charge to require the roaming provider
to provide the service again.
Roaming providers shall provide blind They shall send a reminder at reasonable intervals or partially-sighted customers with the thereafter to all customers who have opted for another
basic personalised pricing information tariff.
referred to in the first subparagraph
automatically, by voice call, free of
charge, if they so request.
2. In addition to paragraph 1, deleted
customers shall have the right to
request and receive, free of charge, and
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EN
irrespective of their location within the
Union, more detailed personalised
pricing information on the roaming
charges that apply in the visited
network to voice calls and SMS, and
information
on
the
transparency
measures applicable by virtue of this
Regulation, by means of a mobile voice
call or by SMS. Such a request shall be
to a free-of-charge number designated
for this purpose by the roaming
provider. Obligations provided for in
paragraph 1 shall not apply to devices
which
do
not
support
SMS
functionality.
4. Roaming providers shall make
available
information
to
their
customers on how to avoid inadvertent
roaming in border regions. Roaming
providers shall take reasonable steps to
protect their customers from paying
roaming charges for inadvertently
accessed
roaming
services
while
situated in their home Member State.
4a. The present article shall also apply
to
roaming
calls
and
roaming
SMS/MMS messages used by roaming
customers travelling outside the Union
and provided by a roaming provider.
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With effect from 15 December 2015,
this article shall also apply in cases
where the consumption of roaming
calls and roaming SMS/MMS messages
at the applicable domestic service rate
is limited by reference to a fair use
criterion in accordance with Article 6b
and when the consumption has reached
the fair use limit.
(7) In Article 15, the following
Deleted
7) In Article 15, the following paragraph
s 2a is inserted
paragraph 2a is inserted:
and 6 are replaced as follows:
(7a) Article 15 is deleted and replaced
by the following with effect from 15
December 2015:
Transparency
and
safeguard
mechanisms for retail data roaming
services
ʻ2a. When the consumption of
1. Roaming providers shall ensure that [Roaming III text maintained]
regulated retail roaming services at the
their roaming customers, both before
applicable domestic service rate is
and after the conclusion of a contract,
limited by reference to a reasonable use
are kept adequately informed of the
criterion in accordance with Article
charges which apply to their use of
4a(2), roaming providers shall alert
regulated data roaming services, in
roaming
customers
when
the
ways
which
facilitate
customers'
consumption of data roaming services
understanding
of
the
financial
has reached the reasonable use limit
consequences of such use and permit
and at the same time shall provide
them to monitor and control their
roaming
customers
with
basic
expenditure on regulated data roaming
personalised pricing information on the
services in accordance with paragraphs
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roaming charges applicable to data
2 and 3.
roaming outside the domestic service
rate or package in accordance with
paragraph 2 of this Article. Paragraph 3
of this Article shall apply to data
roaming services consumed outside the
applicable domestic service rates or
packages referred to in Article 4a(2).ʼ
Where appropriate, roaming providers [Roaming III text maintained]
shall inform their customers, before the
conclusion of a contract and on a
regular basis thereafter, of the risk of
automatic
and
uncontrolled
data
roaming connection and download.
Furthermore, roaming providers shall
notify to their customers, free of charge
and
in
a
clear
and
easily
understandable manner, how to switch
off these automatic data roaming
connections
in
order
to
avoid
uncontrolled consumption of data
roaming services.
2. An automatic message from the 2. An automatic message from the roaming provider roaming provider shall inform the shall inform the roaming customer that the latter is
roaming customer that the latter is using regulated data roaming services and provide
roaming and provide basic personalised basic personalised information on the charge basic
tariff information on the charges (in roaming allowance (volume and availability in
the currency of the home bill provided number of days) and on the charges which apply in
by the customer's domestic provider), excess of the basic roaming allowance (in the
expressed in price per megabyte, currency of the home bill provided by the customer's
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applicable to the provision of regulated domestic provider), expressed in price per megabyte,
data roaming services to that roaming applicable to the provision of regulated data roaming
customer
in
the
Member
State services to that roaming customer in the Member State
concerned, except where the customer concerned, except where the customer has notified the
has notified the roaming provider that roaming provider that he does not require that
he does not require that information.
information.
Such
basic
personalised
tariff The basic personalised information shall be delivered to
information shall be delivered to the the roaming customer's mobile device, for example by
roaming customer's mobile device, for an SMS message, an e-mail or a pop-up window on the
example by an SMS message, an e-mail mobile device, every time the roaming customer enters
or a pop-up window on the mobile a Member State other than that of his domestic provider
device,
every
time
the
roaming and initiates for the first time a data roaming service in
customer enters a Member State other that particular Member State. It shall be provided free
than that of his domestic provider and of charge at the moment the roaming customer initiates
initiates for the first time a data a regulated data roaming service, by an appropriate
roaming service in that particular means adapted to facilitate its receipt and easy
Member State. It shall be provided free comprehension.
of charge at the moment the roaming customer initiates a regulated data
roaming service, by an appropriate
means adapted to facilitate its receipt
and easy comprehension.
A customer who has notified his
roaming provider that he does not
require
the
automatic
tariff
information shall have the right at any
time and free of charge to require the
roaming provider to provide this service
again.
3. Each roaming provider shall grant to
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all their roaming customers the
opportunity to opt deliberately and free
of charge for a facility which provides
information
on
the
accumulated
consumption expressed in volume or in
the currency in which the roaming
customer is billed for regulated data
roaming services and which guarantees
that, without the customer's explicit
consent, the accumulated expenditure
for regulated data roaming services
over a specified period of use,
excluding MMS billed on a per-unit
basis, does not exceed a specified
financial limit.
To this end, the roaming provider shall
make available one or more maximum
financial limits for specified periods of
use, provided that the customer is
informed
in
advance
of
the
corresponding volume amounts. One of
those limits (the default financial limit)
shall be close to, but not exceed, EUR
50 of outstanding charges per monthly
billing period (excluding VAT).
Alternatively, the roaming provider
may establish limits expressed in
volume, provided that the customer is
informed
in
advance
of
the
corresponding financial amounts. One
of those limits (the default volume
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limit) shall have a corresponding
financial amount not exceeding EUR
50 of outstanding charges per monthly
billing period (excluding VAT).
In addition, the roaming provider may
offer to its roaming customers other
limits with different, that is, higher or
lower, maximum monthly financial
limits.
The default limits referred to in the
second and third subparagraphs shall
be applicable to all customers who have
not opted for another limit.
Each roaming provider shall also
ensure that an appropriate notification
is sent to the roaming customer's
mobile device, for example by an SMS
message, an e-mail or a pop-up window
on the computer, when the data
roaming services have reached 80 % of
the agreed financial or volume limit.
Each customer shall have the right to
require the roaming provider to stop
sending such notifications and shall
have the right, at any time and free of
charge, to require the provider to
provide the service again.
When the financial or volume limit
would otherwise be
exceeded,
a
notification shall be sent to the
roaming customer's mobile device.
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That notification shall indicate the
procedure to be followed if the
customer wishes to continue provision
of those services and the cost associated
with each additional unit to be
consumed. If the roaming customer
does not respond as prompted in the
notification received, the roaming
provider shall immediately cease to
provide and to charge the roaming
customer for regulated data roaming
services, unless and until the roaming
customer requests the continued or
renewed provision of those services.
Whenever a roaming customer requests
to opt for or to remove a financial or
volume limit facility, the change shall
be made within one working day of
receipt of the request, shall be free of
charge, and shall not entail conditions
or restrictions pertaining to other
elements of the subscription.
4. Paragraphs 2 and 3 shall not apply
to machine-to-machine devices that use
mobile data communication.'
5. Roaming providers shall take
reasonable steps to protect their
customers
from
paying
roaming
charges for inadvertently accessed
roaming services while situated in their
home Member State. This shall include
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informing customers on how to avoid
inadvertent roaming in border regions.
This article shall apply in cases where 6. This Article, with the exception of paragraph 5 and the consumption of data roaming of the reference to the basic roaming allowance in
services at the applicable domestic paragraph 2, and subject to the second and third
service rate is limited by reference to a subparagraph of this paragraph, shall also apply to
fair use criterion in accordance with data roaming services used by roaming customers
Article 6b and when the consumption travelling outside the Union and provided by a
has reached the fair use limit.
roaming provider.
It shall also apply to data roaming
services used by roaming customers
travelling outside the Union and
provided by a roaming provider.
Where the customer opts for the facility
referred to in the first subparagraph of
paragraph 3, the requirements provided
in paragraph 3 shall not apply if the
visited network operator in the visited
country outside the Union does not
allow the roaming provider to monitor
its customers' usage on a real- time
basis.
In such a case the customer shall be
notified by an SMS message when
entering such a country, without undue
delay and free of charge, that
information
on
accumulated
consumption and the guarantee not to
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exceed a specified financial limit are
not available.'
(8) Article 16 is amended as follows:
a) in the first paragraph, the following subparagraph is added:
National regulatory authorities shall monitor in
particular whether roaming providers availing of
Article 6a(4) engage in business practices which
amount to circumvention of Articles 6a and 6b.
b) paragraph 2 is replaced by the following:
National regulatory authorities shall make up-to-date
information on the application of this Regulation, in
particular Articles 6a, 6b, 7, 9, and 12 publicly
available in a manner that enables interested parties
to have easy access to it.
(8) Article 19 is amended as follows:
Deleted
(8)
(9) Article 19 is amended as follows
replaced by the
following:
(8a) Article 19 is deleted and replaced
by the following:
(a) Paragraph 1 is amended as
'1. The Commission shall review the 1. Upon entry into force of this Regulation, the
follows:
functioning of this Regulation and Commission shall initiate a review of the wholesale
shall
report
to
the
European roaming market with a view to assessing measures
Parliament
and
the
Council
in necessary, if any, to ensure phasing out of retail
accordance with paragraphs 2 to 6.
roaming surcharges. The Commission shall review,
inter alia, the degree of competition in national
wholesale markets, and in particular assess the level
of wholesale costs incurred and wholesale charges
applied, and the competitive situation of operators
with limited geographic scope, including the effects of
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EN
commercial agreements on competition as well as the
ability of operators to take advantage of economies of
scale. The Commission shall also assess the
competition developments in the retail roaming
markets. In particular, the review shall take into
account the extent to which roaming providers have
supplemented the basic roaming allowance, also in
light of the BEREC assessment referred to paragraph
5, and the development of the level of the roaming
surcharges.
(i) the first sentence is replaced by the
2. The Commission shall, by 30 June 2. The Commission shall, by 30 June 2018, after a following:
2015, after a public consultation, report public
consultation,
report
to
the
European
ʻThe Commission shall review the
to the European Parliament and the Parliament and the Council on the findings of the
functioning of this regulation and, after
Council on whether to change the review referred to in paragraph 1. a publicē consultation, shall report to
duration or revise the level of
the European Parliament and the
maximum wholesale charges provided
Council by 31December 2016 at the
for in Articles 7, 9 and 12 or to provide
latest.ʼ
for other arrangements to address
wholesale market problems, including
as regards mobile termination rates
applicable to roaming. BEREC shall,
by 31 December 2014, after a public
consultation, lay down guidelines on
measures to prevent anomalous or
abusive usage for the purpose of Article
6a.
(ii) point (g) is replaced by the
3. The Commission shall, by 30 June
following:
2016, after a public consultation, report
ʻ(g) the extent to which the
to the European Parliament and the
implementation
of
the
structural
Council on, inter alia:
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EN
measures provided for in Articles 3 and
4 and of the alternative regime
provided for in Article 4a has produced
results in EN 66 EN developing
competition in the internal market for
roaming services to the extent that
there is no effective difference between
roaming and domestic tariffs;ʼ
(iii) the following point (i) is inserted:
(a) the availability and quality of
services including those which are an
alternative to voice, SMS and data
roaming services, in particular in the
light of technological developments;
(i) the extent, if any, to which the
(b) the degree of competition in both
evolution of domestic retail prices is
the retail and wholesale markets, in
observably affected by the application
particular the competitive situation of
by roaming providers of the domestic
smaller, independent or newly started
service rate to both domestic services
operators, including the competition
and
regulated
roaming
services
effects of commercial agreements and
throughout the Union.
the degree of interconnection between
operators;
(b) Paragraph 2 is amended as follows: (
c)
the
extent
to
which
the
implementation
of
the
structural
measures provided for in Articles 3 and
4 has produced results in developing
competition in the internal market for
roaming service.s
(i) The first sentence is replaced by the
The Commission shall examine, in
following:
particular, whether it is necessary to lay
ʻIf the report shows that tariff options,
down additional technical and
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EN
in which the domestic service rate
structural measures or to modify the
applies both to domestic and regulated
structural measures.
roaming services, are not provided in
all retail packages for reasonable use
by at least one roaming provider in
each Member State, or that the offers
by alternative roaming providers have
not made substantially equivalent retail
roaming tariffs easily available to
consumers throughout the Union, the
Commission shall by the same date
make appropriate proposals to the
European Parliament and the Council
to address the situation and ensure that
there is no difference between national
and roaming tariffs within the internal
market.ʼ
(ii) Point (d) is replaced by the
4. If the report referred to in paragraph 3. If the report referred to in paragraph 2 shows that following:
2 shows that there is no level playing there is no level playing field between roaming
ʻ(d) to change the duration or reduce
field between roaming providers and providers and consequently that there is a need to
the level of maximum wholesale
consequently that there is a need to amend wholesale roaming charges or to provide for
charges provided for in Articles 7, 9
change the duration or lower the level another solution to address the issues identified at
and 12 with a view to reinforcing the
of maximum wholesale charges or to wholesale level with a view to phase out retail roaming
ability of all roaming providers to
provide for other arrangements to surcharges, the Commission shall, after consulting
make available in their respective retail
address wholesale market problems, BEREC, make appropriate legislative proposals to the
packages for reasonable use tariff
including by a significant reduction of European Parliament and the Council to address this
options in which the applicable
the mobile termination rates applicable situation. domestic service rate applies to both
to roaming throughout the Union, the
domestic
services
and
regulated
Commission shall, after consulting
roaming services, as if the latter were
BEREC , make appropriate legislative
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EN
consumed on the home network.ʼ
proposals to the European Parliament
and the Council to address this
situation by 30 June 2015.
If the report referred to in paragraph 3
shows that the structural measures
provided for by this Regulation have
not
been
sufficient
to
promote
competition in the internal market for
roaming services for the benefit of all
European consumers, the Commission
shall make appropriate proposals to the
European Parliament and the Council
to address this situation. With respect to
both
reports,
proposals
for
any
appropriate
measures
shall
be
presented simultaneously with the
reports.
5. In addition, the Commission shall 4. In addition, the Commission shall submit a report to submit a report to the European the European Parliament and the Council every two
Parliament and the Council every two years after the report referred to in paragraph 2. Each
years after the report referred to in report shall include a summary of the monitoring of
paragraph 3 . Each report shall include the provision of roaming services in the Union and an
a summary of the monitoring of the assessment of the progress towards achieving the
provision of roaming services in the objectives of this Regulation. Union and an assessment of the
progress
towards
achieving
the
objectives of this Regulation.
6. In order to assess the competitive 5. In order to assess the competitive developments in developments
in
the
Union-wide the Union-wide roaming markets, BEREC shall
roaming
markets,
BEREC
shall regularly collect data from national regulatory
regularly collect data from national authorities on the development of retail and wholesale
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EN
regulatory
authorities
on
the charges for regulated voice, SMS and data roaming
development of retail and wholesale services. Those data shall be notified to the
charges for voice, SMS and data Commission at least twice a year. The Commission
roaming services. Those data shall be shall make them public.
notified to the Commission at least
twice a year. The Commission shall On the basis of collected data, BEREC shall also
make them public.
BEREC shall also annually collect report regularly on the evolution of pricing and
information from national regulatory consumption patterns in the Member States both for
authorities
on
transparency
and domestic and roaming services and the evolution of
comparability
of
different
tariffs actual wholesale roaming rates for unbalanced traffic
offered by operators to their customers. between roaming providers.
The Commission shall make those data
and findings public.'
BEREC shall annually publish information on
market developments and provide their assessment on
how these developments might affect the volume and
availability of the basic roaming allowance.
Article 38 – Amendments to
[no changes]
deleted
Regulation (EC) No 1211/2009
Regulation (EC) No 1211/2009 is
[no changes]
deleted
amended as follows:
(1) In Article 1, paragraph 2 is replaced
by the following:
ʻ2. BEREC shall act within the scope
[no changes]
deleted
of Directive 2002/21/EC (Framework
Directive) and Directives 2002/19/EC,
2002/20/EC,
2002/22/EC
and
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EN
2002/58/EC (Specific Directives), and
of Regulations (EU) No 531/2012 and
No XX/2014ʼ
(1a) In Article 3(1), the following deleted
points (ma) and (mb) are inserted:
'(ma) to receive notifications submitted deleted
pursuant to Article 3 of Directive
2002/20/EC, to maintain an inventory
of those notifications and to inform the
national
regulatory
authorities
concerned about notifications received;
(mb) to issue opinions on measures
intended to be adopted by national
regulatory authorities under Article 10,
paragraphs 5 and 6, of Directive
2002/20/EC.'
(1b) In Article 3(1), the following point deleted
(na) is inserted:
'(na) to support the development of deleted
Union policy and law in the field of
electronic communications, including
by
delivering
opinions
to
the
Commission with respect to any
planned initiative'
(2) In Article 4, paragraphs 4 and 5 are
deleted
deleted
deleted
(3) The following Article 4a is
deleted
deleted
inserted:
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EN
ʻArticle 4a – Appointment and tasks of
deleted
deleted
the Chairperson
1. The Board of Regulators shall be
deleted
deleted
represented by a Chairperson, who
shall be a full-time independent
professional. The Chairperson shall be
engaged as a temporary agent of the
Office under Article 2(a) of the
Conditions of Employment of Other
servants. The Chairperson shall be
responsible for preparing the work of
the Board of Regulators and shall chair
without the right to vote the meetings
of the Board of Regulators and the
Management
Committee.
Without
prejudice to the role of the Board of
Regulators in relation to the tasks of
the Chairperson, the Chairperson shall
neither seek nor accept any instruction
from any government or NRA, from
the Commission, or from any other
public or private entity. EN 67 EN
2. The Chairperson shall be appointed
deleted
deleted
by the Board of Regulators on the basis
of
merit,
skills,
knowledge
of
electronic
communication
market
participants and markets, and of
experience relevant to supervision and
regulation, following an open selection
276
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EN
procedure. Before appointment, the
candidate selected by the Board of
Regulators may be invited to make a
statement
before
the
competent
committee of the European Parliament
and to answer questions put by its
members. The appointment of the
Chairperson is effective only after
approval
of
the
Management
Committee. The Board of Regulators
shall also elect, from among its
members, a Vice-Chair who shall carry
out the functions of the Chairperson in
his absence.
3. The Chairperson’s term of office
deleted
shall be 3 years and may be extended
once.
4. In the course of the 9 months
deleted
preceding the end of the 3-year term of
office of the Chairperson, the Board of
Regulators shall evaluate:
(a) the results achieved in the first term
deleted
of office and the way they were
achieved;
(b) the Board of Regulators' duties and
deleted
requirements in the coming years. The
Board of Regulators shall inform the
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EN
European Parliament if it intends to
extend the Chairperson's term of office.
Within one month before any such
extension, the Chairperson may be
invited to make a statement before the
competent committee of the Parliament
and answer questions put by its
members.
5. The Chairperson may be removed
deleted
from office only upon a decision of the
Board of Regulators acting on a
proposal from the Commission and
after approval of the Management
Committee. The Chairperson shall not
prevent the Board of Regulators and
the Management Committee from
discussing matters relating to the
Chairperson, in particular the need for
his removal, and shall not be involved
in deliberations concerning such a
matter.ʼ
(4) Article 6 is amended as follows:
deleted
deleted
(a) Paragraph 2, indent 4 is deleted.
deleted
deleted
(b) Paragraph 3 is amended as follows:
deleted
deleted
ʻ3. The Office shall comprise:
deleted
deleted
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EN
(a) a Chairperson of the Board of
deleted
deleted
Regulators;
(b) a Management Committee;
deleted
deleted
(c) an Administrative Manager.ʼ
deleted
deleted
5) Article 7 is amended as follows:
deleted
deleted
(a) Paragraph 2 is amended as follows:
deleted
deleted
ʻ2. The Management Committee shall
appoint the Administrative Manager
and, where relevant, extend his/her
term of office or remove him/her from
office in accordance with Article 8.
The
Administrative
Manager
designated shall not participate in the
preparation of, or vote on, such a
decision.ʼ
(b) Paragraph 4 is deleted.
deleted
deleted
(6) Article 8 paragraphs 2, 3, 4, are
deleted
deleted
deleted and replaced as follows:
ʻ2. The Administrative Manager shall
be engaged as a temporary agent of the
Office under Article 2(a) of the
Conditions of Employment of Other
servants.
3. The Administrative Manager shall
deleted
deleted
be appointed by the Management
279
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EN
Committee from a list of candidates
proposed
by
the
Commission,
following an open and transparent
selection procedure. For the purpose of
concluding the contract with the
Administrative Manager, the Office
shall be represented by the Chairperson
of the Management Committee. Before
appointment, the candidate selected by
the Management Committee may be
invited to make a statement before the
competent committee of the European
Parliament and to answer questions put
by its members.
4. The term of office of the
deleted
deleted
Administrative Manager shall be five
years. By the end of that period, the
Commission
shall
undertake
an
assessment that takes into account an
evaluation
of
the
Administrative
Manager's
performance
and
the
Office's future tasks and challenges.
5. The Management Committee, acting
deleted
deleted
on a proposal from the Commission
that takes into account the assessment
referred to in paragraph 4, may extend
the term of office of the Administrative
Manager once, for no more than five
years.
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EN
6. The Management Committee shall
deleted
deleted
inform the European Parliament if it
intends to extend the Administrative
Manager's term of office. Within one
month before any such extension, the
Administrative
Manager
may
be
invited to make a statement before the
competent committee of the Parliament
and answer questions put by its
members.
7. An Administrative Manager whose
deleted
deleted
term of office has been extended may
not participate in another selection
procedure for the same post at the end
of the overall period.
8. The Administrative Manager may be
deleted
deleted
removed from office only upon a
decision
of
the
Management
Committee acting on a proposal from
the Commission.
9. The Management Committee shall
deleted
deleted
reach
decisions
on
appointment,
extension of the term of office or
removal
from
office
of
the
Administrative Manager on the basis of
a two-thirds majority of its members
with voting rights.ʼ
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EN
(7) In Article 9, paragraph 2 is
deleted
deleted
amended as follows:
ʻ 2. The Administrative Manager shall
deleted
deleted
assist the Chairperson of the Board of
Regulators with the preparation of the
agenda of the Board of Regulators, the
Management
Committee
and
the
Expert
Working
Groups.
The
Administrative
Manager
shall
participate, without having the right to
vote, in the work of the Board of
Regulators
and
the
Management
Committee.ʼ
(8) Article 10 is amended as follows:
deleted
deleted
ʻ1. The Staff Regulations and the
deleted
deleted
Conditions of Employment of Other
Servants and the rules adopted by
agreement between the institutions of
the Union for giving effect to those
Staff Regulations and the Conditions of
Employment of Other Servants shall
apply to the staff of the Office,
including the Chairperson of the Board
of Regulators and the Administrative
Manager.
2. The Management Committee shall
deleted
deleted
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EN
adopt appropriate implementing rules
for
giving
effect
to
the
Staff
Regulations and the Conditions of
Employment of Other Servants in
accordance with Article 110 of the
Staff Regulations.
3. The Management Committee shall
deleted
deleted
,in accordance with paragraph 4,
exercise with respect to the staff of the
Office the powers conferred by the
Staff Regulations on the Appointing
EN 69 EN Authority and by the
Conditions of Employment of Other
Servants on the Authority Empowered
to Conclude a Contract of Employment
("the appointing authority powers").
4. The Management Committee shall
deleted
deleted
adopt, in accordance with Article 110
of the Staff Regulations, a decision
based on Article 2.(1) of the Staff
Regulations and on Article 6 of the
Conditions of Employment of Other
Servants,
delegating
relevant
appointing authority powers to the
Administrative Manager and defining
the conditions under which this
delegation of powers can be suspended.
The Administrative Manager shall be
authorised
to
sub-delegate
those
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EN
powers.
Where
exceptional
circumstances
so
require,
the
Management Committee may by way
of a decision temporarily suspend the
delegation of the appointing authority
powers to the Administrative Manager
and those sub-delegated by the latter
and exercise them itself or delegate
them to one of its members or to a staff
member other than the Administrative
Manager.ʼ
(9) The following Article 10a is
deleted
deleted
inserted:
ʻArticle 10a – Seconded national
deleted
deleted
experts and other staff
1. The Office may make use of
deleted
deleted
Seconded national experts or other staff
not employed by the Office.
2. The Management Committee shall
deleted
deleted
adopt a decision laying down rules on
the secondment of national experts to
the Office.ʼ
Article 39 – Review clause
[no changes]
Article 39 7 – Review clause
The Commission shall submit reports The Commission shall submit reports on
on the evaluation and review of this the
perform a comprehensive evaluation The Commission shall submit reports on the evaluation
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EN
Regulation to the European Parliament and review of this Regulation
the entire and review
articles 3, 4 and 5 of this Regulation
and
and the Council at regular intervals.
regulatory framework for electronic report to the European Parliament and the Council at
The first report shall be submitted no
communications, and shall submit a regular intervals. The first report shall be submitted no
later than 1 July 2018 . Subsequent
report with appropriate proposals to the later than 1 July
30 June 2018. Subsequent reports shall
reports shall be submitted every four European Parliament and the Council at be submitted every four years thereafter. The
years thereafter. The Commission regular intervals
by 30 June 2016 in Commission shall, if necessary, submit appropriate
shall, if necessary, submit appropriate
order to allow sufficient time for the proposals with a view to amending this Regulation, and
proposals with a view to amending this
legislator to analyse and debate the aligning other legal instruments, taking account in
Regulation, and aligning other legal
proposals properly. The first report shall particular of developments in information technology
instruments,
taking
account
in be submitted no later than 1 July 2018 . and of the state of progress in the information society.
particular
of
developments
in Subsequent reports shall be submitted The reports shall be made public.
information technology and of the state every
four
years
thereafter.
The
of progress in the information society. Commission shall, if necessary, submit
The reports shall be made public.
appropriate proposals with a view to
amending this Regulation, and aligning
other legal instruments, taking account
in
particular
of
developments
in
information technology and of the state
of progress in the information society.
The reports shall be made public.
The review shall be based on a full
deleted
public consultation as well as on ex-
post assessments of the impact of the
regulatory framework since 2009 and a
thorough ex-ante assessment of the
expected impact of the options
emanating from the review .
The main goals of the review shall deleted
include:
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EN
(i) ensuring that substitutable services deleted
are subject to the same rules, taking
into consideration the definition of
electronic communications services in
Article 2(c) of Directive 2002/21/EC, in
order to achieve equivalent, coherent
and consistent regulation of electronic
communications services and services
substitutable to them, including with
respect to access, all aspects of
consumer
protection,
including
portability, as well as privacy and data
protection;
(ii) ensuring a high degree of consumer deleted
protection
and
more
informed
consumer choice through increased
transparency and access to clear and
comprehensive information, including
on data delivery speeds and mobile
network coverage;
(iii) ensuring that users of digital deleted
services are able to control their digital
life and data by removing obstacles to
switching operating systems without
losing their applications and data;
(iv) further promoting effective and deleted
sustainable competition;
(v) providing a stable and sustainable deleted
framework for investment;
(vi) ensuring a harmonised, consistent deleted
and effective application;
286
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EN
(vii) facilitating the development of
pan-European
providers
and
the
provision of cross-border business
services;
(viii) ensuring that the regulatory
framework is adequate for the digital
age and delivers an internet ecosystem
that supports the entire economy, and
(ix) increasing user confidence in the
internal
market
for
electronic
communications, including through
measures to implement the future
regulatory framework for the protection
of personal data and measures to
increase the security of electronic
communications in the internal market.
The review shall inter alia include:
(i) the universal service obligation,
including a review of the need for an
additional
obligation
to
offer
broadband internet access at a fair
price;
(ii)
the
competence
of
national
regulatory authorities for all issues,
including spectrum, that are addressed
by the framework; the powers granted
to the national regulatory authorities in
the Member States and the scope of the
requirement
of
independence
of
national regulatory authorities;
(iii) cooperation between the national
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EN
regulatory authorities and national
competition authorities
(iv) the symmetric obligations relating
to network access;
(v) the rules on leverage effects and
joint dominance;
(vi) the market review processes;
(vii) the impact of services that are
substitutable
to
electronic
communications services; including
whether
clarifications
are
needed
regarding the reach of the regulatory
framework's technological neutrality
and regarding the dichotomy between
services in the ' information society'
bracket and those in the 'electronic
communications' bracket;
(viii) the necessity of abolishing
redundant regulation;
(ix) the lifting of regulation where a
market analysis has shown the market
concerned to be truly competitive and
that ways and means exist for extended
monitoring;
(x)
the
experience
with
non-
discrimination
obligations
and
remedies;
(xi) the effectiveness and functioning of
the procedures established in Articles 7
and 7a of Directive 2002/21/EC;
(xii) initiation of an Article 7/7a
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procedure in situations where phase II
of the procedure is not triggered due to
an NRA withdrawal of its draft
measure or where an NRA does not
propose a remedy to a problem
recognised on a certain market;
(xiii) the effectiveness and functioning
of the procedure established in Article
19 of Directive 2002/21/EC;
(xiv)
transnational
services
and
operators, taking into account the
possibility for the Commission to
identify transnational markets under
Article 15(4) of Directive 2002/21/EC,
and with a focus on the competitive
provision of communications services
to EU businesses and to the effective
and consistent application of business
grade remedies across the EU;
(xv) identification of transnational
markets, initially at least with respect to
business services; enabling providers to
notify BEREC of their intention to
serve such markets, and supervision of
providers serving such markets by
BEREC;
(xvi)
the
scope
of
BEREC's
competencies;
(xvii) a single Union authorisation and
the supervisory structure for the
framework as a whole;
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(xviii) active and passive inputs;
(xix) the recommendation on relevant
markets;
(xx) the regulation of equipment,
including bundling of equipment and
operating systems;
(xxi)
the
effectiveness
of
the
implementation
of
the
European
emergency call number '112', including
in particular necessary measures to
improve the accuracy and reliability of
caller location criteria;
(xxii) the feasibility of setting up a
‘reverse EU '112' communication
system’;
(xxiii) the impact of the internet having
become a crucial infrastructure for
conducting a wide array of economic
and social activities .
Article 39a
Transposition
1. Member States shall bring into force
the
laws,
regulations
and
administrative provisions necessary to
comply with Articles 34, 35 and 36 by
12 months after the date of entry into
force of this Regulation. They shall
forthwith
communicate
to
the
Commission
the
text
of
those
provisions.
2. When Member States adopt those
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provisions,
they
shall
contain
a
reference to this Regulation or be
accompanied by such reference on the
occasion of their official publication.
Member States shall determine how
such reference is to be made.
3. Member States shall communicate to
the Commission the text of the main
provisions of national law which they
adopt in the field covered by Articles
34, 35 and 36.
Article 40 – Entry into force
[no changes]
Article 40 8 – Entry into force
1. This Regulation shall enter into force
[no change]
[no change]
the twentieth day following that of its
publication in the Official Journal of
the European Union.
2. It shall apply from 1 July 2014.
[no change]
2. It shall apply from 1 July
30 June 2014
2016,
However, Articles 21, 22, 23, 24, 25,
deleted
However, Articles 21, 22, 23, 24, 25, 26, 27, 28, 29 and
26, 27, 28, 29 and 30 shall apply from
30 shall apply from 1 July 2016
except for the
1 July 2016.
following:
(a) point (c) of Article 6(4) which shall apply from the date of entry into force of this Regulation,
(b) Article 6(5), (6) and (7) shall apply to contracts, which include regulated roaming services and which
were concluded before the date of entry into force of
this Regulation, from 1 January 2017.
3. The provisions of Regulation 1203/2012 related to the technical modality for the implementation of
accessing local data roaming services on a visited
network shall continue to apply for the purposes of
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separate sale of retail regulated data roaming services
until the adoption of the implementing act referred to
in point (c) of Article 6(4) of this Regulation.
[no change]
[no change]
This Regulation shall be binding in its
entirety and directly applicable in all
Member States.
ANNEX I
deleted
deleted
MINIMUM PARAMETERS FOR
OFFERS OF EUROPEAN
VIRTUAL
BROADBAND ACCESS
PRODUCTS
1.
OFFER 1 - Fixed network
deleted
deleted
wholesale access product offered over
next generation networks at Layer 2 of
the
International
Standards
Organisation seven layer model for
communications protocols ('Data Link
Layer'),
that
offers
equivalent
functionalities to physical unbundling,
with handover points at a level that is
closer to the customer premises than
the national or regional level.
1.1 Network elements and related
deleted
deleted
information:
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(a) a description of the network access
to be provided, including technical
characteristics (which shall include
information on network configuration
where necessary to make effective use
of network access);
(b) the locations at which network
deleted
deleted
access will be provided;
(c) any relevant technical standards for
deleted
network access, including any usage
deleted
restrictions and other security issues;
(d) technical specifications for the
deleted
deleted
interface at handover points and
network termination points (customer
premises);
(e) specifications of equipment to be
deleted
deleted
used on the network; and
(f) details of interoperability tests.
deleted
deleted
1.2 Network functionalities:
deleted
deleted
(a) flexible allocation of VLANs based
deleted
deleted
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on common technical specification;
(b)
service-agnostic
connectivity,
deleted
deleted
enabling control of download and
upload traffic speeds;
(c) security enabling;
deleted
deleted
(d) flexible choice of customer
deleted
deleted
premises equipment (as long as
technically possible);
(e) remote access to the customer
deleted
deleted
premise equipment; and
(f) multicast functionality, where there
deleted
deleted
is demand and such functionality is
necessary
to
ensure
technical
replicability of competing retail offers.
1.3 Operational and business process:
deleted
deleted
(a) eligibility requirement processes for
deleted
deleted
ordering and provisioning;
(b) billing information;
deleted
deleted
(c) procedures for migration, moves
deleted
deleted
and ceases; and
(d) specific time scales for repair and
deleted
deleted
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maintenance.
1.4 Ancillary services and IT Systems:
deleted
deleted
(a)
information
and
conditions
deleted
deleted
concerning the provision of co-location
and backhaul;
(b) specifications for access to and use
deleted
deleted
of ancillary IT systems for operational
support systems, information systems
and
databases
for
pre-ordering,
provisioning, ordering, maintenance
and repair requests and billing,
including their usage restrictions and
procedures to access those services.
2. OFFER 2: Fixed network wholesale
deleted
deleted
access product offered at Layer 3 of the
International Standards Organisation
seven layer model for communications
protocols ('Network Layer'), at the IP
level bit-stream level with handover
points offering a higher degree of
resource aggregation such as at
national and/or regional level
2.1 Network elements and related
deleted
deleted
information:
(a) the characteristics of the connection
deleted
deleted
link provided at the handover points (in
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terms of speed, Quality of Service,
etc.);
(b) a description of the broadband
deleted
deleted
network connecting the customer
premise to the handover points, in
terms of backhaul and access network
architectures;
(c) the location of the handover
deleted
deleted
point(s); and
(d) the technical specifications for
deleted
deleted
interfaces at handover points.
2.2 Network functionalities:
deleted
deleted
Ability to support different quality of
deleted
deleted
service levels (e.g. QoS 1, 2 and 3)
with regard to:
(i) delay;
deleted
deleted
(ii) jitter;
deleted
deleted
(iii) packet loss; and
deleted
deleted
(iv) contention ratio.
deleted
deleted
2.3 Operational and business process:
deleted
deleted
(a) eligibility requirement processes for
deleted
deleted
ordering and provisioning;
(b) billing information;
deleted
deleted
(c) procedures for migration, moves
deleted
deleted
and ceases; and
(d) specific time scales for repair and
deleted
deleted
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maintenance.
2.4 Ancillary IT Systems:
deleted
deleted
Specifications for access to and use of
ancillary IT systems for operational
support systems, information systems
and
databases
for
pre-ordering,
provisioning, ordering, maintenance
and repair requests and billing,
including their usage restrictions and
procedures to access those services.
3.
OFFER 3: Wholesale terminating
deleted
deleted
segments of leased lines with enhanced
interface for the exclusive use of the
access seeker providing permanent
symmetric capacity without restriction
as regards usage and with service level
grade agreements, by means of a point-
to-point connection and with Layer 2
of
the
International
Standards
Organisation (ISO) seven layer model
for communications protocols ('Data
Link Layer') network interfaces.
3.1 Network elements and related
deleted
deleted
information:
(a) a description of the network access
deleted
deleted
to be provided, including technical
characteristics (which shall include
information on network configuration
where necessary to make effective use
of network access);
(b) the locations at which network
deleted
deleted
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access will be provided;
(c) the different speeds and maximum
deleted
deleted
length offered; EN 72 EN
(d) any relevant technical standards for
deleted
deleted
network access (including any usage
restrictions and other security issues);
(e) details of interoperability tests;
deleted
deleted
(f) specifications of equipment allowed
deleted
deleted
on the network;
(g) network-to-network (NNI) interface
deleted
deleted
available;
(h) maximum frame size allowed, in
deleted
deleted
bytes.
3.2
Network
and
product
deleted
deleted
functionalities:
(a) uncontended and symmetrical
deleted
deleted
dedicated access;
(b)
service-agnostic
connectivity,
deleted
deleted
enabling control of traffic speed and
symmetry;
(c) protocol transparency, flexible
deleted
deleted
allocation
of
VLANs
based
on
common technical specification;
(d) Quality of Service parameters
deleted
deleted
(delay, jitter, packet loss) enabling
business-critical performance.
3.3 Operational and business process:
deleted
deleted
(a) eligibility requirement processes for
deleted
deleted
ordering and provisioning;
(b) procedures for migration, moves
deleted
deleted
and ceases;
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(c) specific time scales for repair and
deleted
deleted
maintenance;
(d) changes to IT systems (to the extent
deleted
deleted
that it impacts alternative operators);
and
(e) relevant charges, terms of payment
deleted
deleted
and billing procedures.
3.4 Service level agreements (a) the
deleted
deleted
amount of compensation payable by
one party to another for failure to
perform
contractual
commitments,
including provisioning and repair time,
as well as the conditions for eligibility
to compensations;
(b) a definition and limitation of
deleted
deleted
liability and indemnity;
(c) procedures in the event of
deleted
deleted
alterations being proposed to- the
service offerings, for example, launch
of new services, changes to existing
services or change to prices;
(d) details of any relevant intellectual
deleted
deleted
property rights;
(e) details of duration and renegotiation
deleted
deleted
of agreements.
3.5 Ancillary IT systems:
deleted
deleted
specifications for access to and use of
ancillary IT systems for operational
support systems, information systems
and
databases
for
pre-ordering,
provisioning, ordering, maintenance
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and repair requests and billing,
including their usage restrictions and
procedures to access those services.
ANNEX II
deleted
deleted
MINIMUM
PARAMETERS
OF
EUROPEAN
ASQ
CONNECTIVITY PRODUCTS Network
elements
and
related
deleted
deleted
information
- A description of the connectivity
product to be provided over a fixed
network,
including
technical
characteristics and adoption of any
relevant standards.
Network functionalities:
deleted
deleted
- connectivity agreement ensuring end-
deleted
deleted
to-end Quality of Service, based on
common specified parameters that
enable the provision of at least the
following classes of services:
- voice and video calls;
deleted
deleted
- broadcast of audio-visual content; and
deleted
deleted
- data critical applications.
deleted
deleted
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_______________
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