G/TBT/N/ITA/31  
 
13 November 2017  
(17-6151) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member: ITALY   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible: Ministero dello sviluppo economico  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:   
Ministry for economic development  
General Directorate for Market, Competition, Consumer, Vigilance and Technical 
Standardization  
Division XIII - Technical standardization  
00187 Roma I – Via Sallustiana, 53  
tel. ++39 06 4705.5386  
ucn98.34.italia@mise.gov.it  
European Commission TBT Enquiry Point: GROW -EU-TBT@ec.europa.eu  
3. Notified under Article 2.9.2 [ X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): Internet 
access services; software and digital content. Communication terminal devices.  
5. Title, number of pages and language(s) of the notified document: Draft law laying 
down measures concerning the provision of Internet services for the protection of 
competition and freedom of access for users (Senate Act No 2484) (8 page(s), in  Italian)    
6. Description of content: The draft law is composed of six articles.  
Article 1 contains the definitions used for the application of the law;  
Article 2 establishes the qualification requirements for access services or connectivity to 
the Inter net and specifications relating to the content of contractual documentation to be 
provided to users of these services.  
Article 3 establishes, consistent with guidelines for the implementation of Article 3(5) of 
Regulation (EU) 2015/2120, rules concerning l imits to traffic management; it governs the 
provision by network access service operators of value -added services to prioritise traffic 
classes in their own access network segment and the fixing of the prices for such services; 
the procedures to be adopted  in the event of damage to the  
integrity or security of the Internet network or to the service or terminal of other users 
caused by traffic from another end user of the same operator; it provides that the Italian 
Communications Authority establishes minimu m levels of service quality, which must be 
respected and adequately publicised by providers of electronic communications services.  
Article 4 governs the rights of users in terms of choice and selection of software available 
online and for uninstalling soft ware and removing content from their devices that is not of G/TBT/N/ITA/31  
 
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  interest to them; it prohibits operators of platforms from limiting or restricting those rights 
to the acquisition or use of specific software, content or services through contractual, 
technologic al, economic tools or user experience.  
Article 5 stipulates rules on transparency, imposing the obligation on network or electronic 
communications service providers to publish on their own website in the price transparency 
section, within 30 days of the da te of entry into force of the law, offers under the scope of 
application of Articles 2 and 3.  
Article 6 lays down rules governing penalties for cases violating the obligations imposed by 
the draft law.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  The specifications, limitations and other requirements set out in the notified 
draft law are designed to govern the supply of Internet services in terms of protection of 
competition and freedom of access for users.  
8. Relevant documents:   
 Legislative Decree No 70 of 9 April 2003: implementation of Directive 2000/31/EC;  
 Legislative Decree No 259 of 1 August 2003 - Articles 25 and 98: annexes;  
 Decree Law No 7 of 31 January 2007, converted, with amendments, by Law No 40 
of 2 April 2007 - Article 1: annex;  
 Legislative Decree No 206 of 6 September 2005 - Articles 22 and 27(1): annexes.  
9. Proposed date of adoption: 7 February 2018  
Proposed date of entry into force: 22 February 2018  
10. Final date for comments: 25 January 2018  
11. Texts available from: National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
Text on line at: http://ec.europa.eu/growth/tools -databases/tris/en/search   
and/or at: http://ec.europa. eu/growth/tools -databases/tbt/en/search  
https://members.wto.org/crnattachments/2017/TBT/ITA/17_5062_00_x.pdf  
https://members.wto.org/crnattachments/2017/TBT/ITA/17_5062_01_x.pdf  
https://members.wto.org/crnattachments/2017 /TBT/ITA/17_5062_02_x.pdf  
https://members.wto.org/crnattachments/2017/TBT/ITA/17_5062_03_x.pdf