### since online intermediation services and online search engines typically have a global dimension , this regulation should apply to providers of those services regardless of whether they are established in a member state or outside the union , provided that two cumulative conditions are met . firstly , the business users or corporate website users should be established in the union . secondly , the business users or corporate website users should , through the provision of those services , offer their goods or services to consumers located in the union at least for part of the transaction . such consumers should be located in the union , but do not need to have their place of residence in the union nor have the nationality of any member state . accordingly , this regulation should not apply where the business users or corporate websites users are not established in the union or where they are established in the union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the union or to persons who are not consumers . ### since online intermediation services and online search engines typically have a global dimension , this regulation should apply to providers of those services regardless of whether they are established in a member state or outside the union , provided that two cumulative conditions are met . firstly , the business users or corporate website users should be established in the union . secondly , the business users or corporate website users should , through the provision of those services , offer their goods or services to consumers located in the union at least for part of the transaction . in accordance with regulation no 44 / 2001 and regulation no 593 / 2008 , this would mean that the online intermediation services and online search engines have targeted or directed sales to consumers located in one or more member states , irrespective of where in the union . such consumers should be located in the union , but do not need to have their place of residence in the union nor have the nationality of any member state . accordingly , this regulation should not apply where the business users or corporate websites users are not established in the union or where they are established in the union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the union or to persons who are not consumers .


### they allow business users to offer goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ; ### one of their primary purposes is to enable business users to target or direct offers of goods or services to consumers , with a view to receiving direct or indirect remuneration from direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ;


### paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 . ### paragraph 3 shall not apply where a provider of online intermediation services or online search engine is : a ) subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 ; b ) addressing a security or other imminent danger related to the defence of the online intermediation services from fraud , malware , spam , data breaches or other cybersecurity risks .


### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague , unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . ### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague , unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship such as the provision of objective grounds for suspending or terminating the provision of services for business users .


### ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users . providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship , including to prospective business users at the pre - contractual phase , and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days . that notice period should not apply where , and to the extent that , it is waived in an unambiguous manner by the business user concerned or where , and to the extent that , the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under union or national law . ### ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users . providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship , including to prospective business users at the pre - contractual phase , and that any modifications to those terms or to the functionality , interoperability and other main performance features of the online intermediation services are proactively notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 30 days . that notice period should not apply where , and to the extent that , it is waived in an unambiguous manner by the business user concerned or where , and to the extent that , the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under union or national law or is necessary to protect the legitimate interests of users or the operation of the online intermediation service as such . in order to enable business users to enjoy the benefits of competition they should be entitled to terminate their agreement without payment of any fee within 30 days from the receipt of a notice of a modification which is materially to their detriment .


### ' online search engine ' means a digital service that allows users to perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns links in which information related to the requested content can be found ; ### ' online search engine ' means a digital service that allows users to perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns such results in which information related to the search can be found ;


### providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions . ### providers of online intermediation services shall notify in a durable medium to the business users concerned any envisaged modification of their terms and conditions .


### paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 . ### paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 or if the terms and conditions have been modified in order to protect the legitimate interests of users or the operation of the online intermediation service as such or if a modification to the functionality , interoperability or other main performance features of the platform is necessary to protect the legitimate interests of users or the operation of the online intermediation service as such .


### providers of online intermediation services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute . ### providers of online intermediation services as well as the business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute .


### the commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them , intended to contribute to the proper application of this regulation , taking account of the specific features of the various sectors in which online intermediation services are provided , as well as of the specific characteristics of micro , small and medium - sized enterprises . ### the commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them , intended to contribute to the proper application of this regulation , taking account of the specific features of the various sectors in which online intermediation services are provided , as well as of the specific characteristics of micro , small and medium - sized enterprises . in particular , codes of conducts shall address interoperability , barriers to switching and data portability .


### the commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them , intended to contribute to the proper application of this regulation , taking account of the specific features of the various sectors in which online intermediation services are provided , as well as of the specific characteristics of micro , small and medium - sized enterprises . ### member states shall ensure the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them , intended to contribute to the proper application of this regulation , taking account of the specific features of the various sectors in which online intermediation services are provided , as well as of the specific characteristics of micro , small and medium - sized enterprises .


### in order to help the workers who enjoy the right to free movement to effectively exercise that right , assistance in accordance with the present regulation is open to any union national who has a right to take up an activity as an employed person and their family members , in accordance with article 45 of the treaty . member states shall give the same access to any third - country national benefiting , as per union or national law , from equal treatment with their own nationals in this field . ### in order to help the workers who enjoy the right to work based on free movement to effectively exercise that right , assistance in accordance with the present regulation is open to any union national who has a right to take up an activity as an employed person and their family members , in accordance with article 45 of the treaty . member states shall give the same access to any third - country national benefiting , as per union or national law , from equal treatment with their own nationals in this field .


### growing interdependency between labour markets calls for reinforced cooperation between employment services to bring about freedom of movement for all workers through voluntary and fair labour mobility within the union in accordance with article 46 of the treaty , and therefore a common framework for cooperation should be established between member states and the commission on labour mobility within the union . this framework should bring together job vacancies from across the union and the possibility of applying for those job vacancies , define the provision of related support services to workers and employers and provide for a common approach to share information necessary to facilitate said co - operation . ### growing interdependency between labour markets and the need for their integration calls for reinforced cooperation between employment services to bring about freedom of movement for all workers through voluntary and fair labour mobility within the union in accordance with article 46 of the treaty , and therefore a common framework for cooperation should be established between member states and the commission on labour mobility within the union . this framework should bring together job vacancies from across the union and the possibility of applying for those job vacancies , define the provision of related support services to workers and employers and provide for a common approach to share information necessary to facilitate said co - operation .


### member states should establish coordination offices at national level to provide general support and assistance to all organisations on their territory operating for eures and support the cooperation with their counterparts in the other member states and with the european coordination office . those coordination offices should in particular have the task of dealing with complaints and problems with job vacancies , and verify compliance issues as regards voluntary and fair labour mobility within the union . ### member states should establish coordination offices at national level to provide general support and assistance to all organisations on their territory operating for eures and support the cooperation with their counterparts in the other member states and with the european coordination office . those coordination offices should in particular have the task to support the creation of instruments and procedures for the functioning of eures and to deal with complaints , and problems with job vacancies , and verify compliance issues as regards voluntary and fair labour mobility within the union .


### a profound understanding of labour demand in terms of occupations , sectors and needs of employers would benefit the right of free movement of workers within the union and therefore support services should include good quality assistance to employers , small and medium sized enterprises in particular . close working relationships between employment services and employers will increase the pool of job vacancies and job matching of suitable candidates , secure pathways for job seekers in particular those in vulnerable groups and improve labour market intelligence . ### a profound understanding of labour demand in terms of occupations , sectors and needs of employers would benefit the right of free movement of workers within the union and therefore support services should include good quality assistance to employers , small and medium sized enterprises and to handicrafts in particular . close working relationships between employment services and employers will increase the pool of job vacancies and job matching of suitable candidates , secure pathways for job seekers in particular those in vulnerable groups and improve labour market intelligence .


### member states shall put in place a national hub to allow for the transfer to the eures portal of information on job vacancies , job applications and cv’s made available by any organisation that is willing to share this information also on the eures portal . ### member states shall put in place a national hub by using , if possible , already existing governmental structures , to allow for the transfer to the eures portal of information on job vacancies , job applications and cv’s made available by any organisation that is willing to share this information also on the eures portal .


### the eures partners concerned shall provide information and guidance to employers interested in recruiting workers from other member states and in particular offer them the following services : ### the eures partners concerned shall provide information and guidance to employers interested in recruiting workers from other member states and in particular offer them pro - actively if possible the following services :


### the beneficiaries listed in annex i need to be better prepared to address global challenges , such as sustainable development and climate change , and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme are expected to contribute 16 % of the overall financial envelope of the programme to climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and the overall contribution from this programme should be part of relevant evaluations and review processes . ### the beneficiaries listed in annex i need to be better prepared to address global challenges , such as sustainable development and climate change , and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 30 % of the eu budget expenditures supporting climate objectives . actions under this programme are expected to contribute 16 % of the overall financial envelope of the programme to climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and the overall contribution from this programme should be part of relevant evaluations and review processes .


### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha . ### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content based on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council . given the need to address the illegal terrorist content online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides training for the commission of such offences or recruits for a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes illegal terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers must base their assessment on factors such as the notion of intention , the nature and wording of the statements , the context in which the statements were made and their demonstrable risk of provoking actions with harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content .


### the competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity , including the accuracy of the date and the time of sending and receipt of the order , such as by secured email and platforms or other secured channels , including those made available by the service provider , in line with the rules protecting personal data . this requirement may notably be met by the use of qualified electronic registered delivery services as provided for by regulation 910 / 2014 of the european parliament and of the council12 . _________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### the competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity , including the accuracy of the date and the time of sending and receipt of the order , in line with the rules protecting personal data . competent authorities should therefore use qualified electronic registered delivery services as provided for by regulation 910 / 2014 of the european parliament and of the council12 . _________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### the obligation to preserve the content for proceedings of administrative or judicial review is necessary and justified in view of ensuring the effective measures of redress for the content provider whose content was removed or access to it disabled as well as for ensuring the reinstatement of that content as it was prior to its removal depending on the outcome of the review procedure . the obligation to preserve content for investigative and prosecutorial purposes is justified and necessary in view of the value this material could bring for the purpose of disrupting or preventing terrorist activity . where companies remove material or disable access to it , in particular through their own proactive measures , and do not inform the relevant authority because they assess that it does not fall in the scope of article 13 of this regulation , law enforcement may be unaware of the existence of the content . therefore , the preservation of content for purposes of prevention , detection , investigation and prosecution of terrorist offences is also justified . for these purposes , the required preservation of data is limited to data that is likely to have a link with terrorist offences , and can therefore contribute to prosecuting terrorist offences or to preventing serious risks to public security . ### the obligation to preserve the content for proceedings of independent administrative or judicial review is necessary and justified in view of ensuring the effective measures of redress for the content provider whose content was removed or access to it disabled as well as for ensuring the reinstatement of that content as it was prior to its removal depending on the outcome of the review procedure . the obligation to preserve content for investigative and prosecutorial purposes is justified and necessary in view of the value this material could bring for the purpose of disrupting or preventing terrorist activity . where companies remove material or disable access to it , in particular through their own proactive measures , and do not inform the independent administrative or judicial authority because they assess that it does not fall in the scope of article 13 of this regulation , law enforcement may be unaware of the existence of the content . therefore , the preservation of content for purposes of prevention , detection , investigation and prosecution of terrorist offences is also justified . for these purposes , the required preservation of data is limited to data that is likely to have a link with terrorist offences , and can therefore contribute to prosecuting terrorist offences or to preventing serious risks to public security .


### transparency of hosting service providers ' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the digital single market . hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection , identification and removal of terrorist content . ### transparency of hosting service providers ' policies in relation to illegal terrorist content is essential to enhance accountability towards users and to reinforce trust of citizens in hosting service providers’ and competent authorities’ in the union . hosting service providers should publish annual transparency reports containing detailed and meaningful information about action taken in relation to the detection , identification and removal of illegal terrorist content and the potential legal content restrictions . likewise , competent authorities should publish annual transparency reports containing detailed and meaningful information about the number of legal orders issued , the number of removals , the number of identified and detected illegal terrorist content leading to investigation and prosecution of terrorist offences and the number of restrictions on legal content .


### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . however , this does not necessarily require a notification to the content provider . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given upon request . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered inappropriate or counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider . ### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given upon request . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered inappropriate or counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider .


### in order to ensure the effective and sufficiently coherent implementation of proactive measures , competent authorities in member states should liaise with each other with regard to the discussions they have with hosting service providers as to the identification , implementation and assessment of specific proactive measures . similarly , such cooperation is also needed in relation to the adoption of rules on penalties , as well as the implementation and the enforcement of penalties . ### in order to ensure the effective and sufficiently coherent implementation of proactive measures , competent authorities in member states should liaise and cooperate with each other with regard to the discussions they have with hosting service providers as to the identification , implementation and assessment of specific proactive measures . similarly , such cooperation is also needed in relation to the adoption of rules on penalties , as well as the implementation and the enforcement of penalties .


### this regulation lays down uniform rules to prevent the misuse of hosting services for the dissemination of terrorist content online . it lays down in particular : ### this regulation lays down targeted rules to address the misuse of hosting services by third parties for the dissemination of illegal terrorist content online . it lays down in particular :


### hosting service providers shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers that have been in receipt of a substantial number of uncontested removal orders pursuant to article 4 , shall take appropriate , reasonable and proportionate actions in accordance with this regulation , to address the public dissemination of terrorist content and to protect users from illegal terrorist content . in doing so , they shall respect the fundamental rights and freedoms of the recipients of their services as enshrined in the eu charter of fundamental rights .


### the competent authorities shall address removal orders to the main establishment of the hosting service provider or to the legal representative designated by the hosting service provider pursuant to article 16 and transmit it to the point of contact referred to in article 14 . such orders shall be sent by electronic means capable of producing a written record under conditions allowing to establish the authentication of the sender , including the accuracy of the date and the time of sending and receipt of the order . ### the competent authority shall address removal orders to the main establishment of the hosting service provider or to the legal representative designated by the hosting service provider pursuant to article 16 and transmit it to the point of contact referred to in article 14 . such orders shall be sent by electronic means capable of producing a written record under conditions allowing to establish the authentication of the sender , including the accuracy of the date and the time of sending and receipt of the order .


### hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order , a referral or as a result of proactive measures pursuant to articles 4 , 5 and 6 and related data removed as a consequence of the removal of the terrorist content and which is necessary for : ### hosting service providers shall preserve terrorist content after judicial review or other independent administrative authority according to national legislation which has been removed or disabled as a result of a removal order , a referral or as a result of voluntary proactive measures pursuant to articles 4 , 5 and 6 and related data removed as a consequence of the removal of the terrorist content and which is necessary for :


### hosting service providers shall publish annual transparency reports on action taken against the dissemination of terrorist content . ### hosting service providers which are or have been subject to referral or a removal order shall publish an annual transparency report on action taken against the dissemination of terrorist content .


### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee media pluralism , cultural diversity and consumer protection . __________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . ### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee freedom of expression and information , media pluralism , cultural diversity , consumer protection , privacy and the protection of personal data . __________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services .


### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee media pluralism , cultural diversity and consumer protection . _________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . ### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee freedom of expression and information , media pluralism , cultural diversity , consumer protection , privacy and the protection of personal data .


### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' voice communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a voice communications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ‘ click - through’ application on a customer service website , is not such a service . voice communications services also include means of communication specifically intended for disabled end - users using text relay or total conversation services . ### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development to ensure the non - discriminatory application of the present directive to the different service providers . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' voice communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a voicecommunications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ' click - through ' application on a customer service website , is not such a service . voice communications services also include means of communication specifically intended for end - users with disabilities using text or video relay or total conversation services , such as voice , video and real - time text , singly or in combination , within the same call ) .


### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure that end - users are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' remains an important parameter for determining the services falling into the scope of this directive , the definition should cover also other services that enable communication . from an end - user ' s perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . _________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1 ### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure that end - users and their rights are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' remains an important parameter for determining the services falling into the scope of this directive , the definition should cover also other services that enable communication . from the perspective of end - users and the protection of their rights it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . __________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1


### in order to fall within the scope of the definition of electronic communications service , a service needs to be provided normally in exchange for remuneration . in the digital economy , market participants increasingly consider information about users as having a monetary value . electronic communications services are often supplied against counter - performance other than money , for instance by giving access to personal data or other data . the concept of remuneration should therefore encompass situations where the provider of a service requests and the end - user actively provides personal data , such as name or email address , or other data directly or indirectly to the provider . it should also encompass situations where the provider collects information without the end - user actively supplying it , such as personal data , including the ip address , or other automatically generated information , such as information collected and transmitted by a cookie ) . in line with the jurisprudence of the court of justice of the european union on article 57 tfeu24 , remuneration exists within the meaning of the treaty also if the service provider is paid by a third party and not by the service recipient . the concept of remuneration should therefore also encompass situations where the end - user is exposed to advertisements as a condition for gaining access to the service , or situations where the service provider monetises personal data it has collected . __________________ 24 case c - 352 / 85 bond van adverteerders and others vs the netherlands state , eu : c : 1988 : 196 . ### in order to fall within the scope of the definition of electronic communications service , a service needs to be provided normally in exchange for remuneration . in line with the jurisprudence of the court of justice of the european union on article 57 tfeu24 , remuneration exists within the meaning of the treaty also if the service provider is paid by a third party and not by the service recipient . the concept of remuneration should therefore also encompass situations where the service provider intends to monetise personal data it has collected or received . __________________ 24 case c - 352 / 85 bond van adverteerders and others vs the netherlands state , eu : c : 1988 : 196 .


### in order to fall within the scope of the definition of electronic communications service , a service needs to be provided normally in exchange for remuneration . in the digital economy , market participants increasingly consider information about users as having a monetary value . electronic communications services are often supplied against counter - performance other than money , for instance by giving access to personal data or other data . the concept of remuneration should therefore encompass situations where the provider of a service requests and the end - user actively provides personal data , such as name or email address , or other data directly or indirectly to the provider . it should also encompass situations where the provider collects information without the end - user actively supplying it , such as personal data , including the ip address , or other automatically generated information , such as information collected and transmitted by a cookie ) . in line with the jurisprudence of the court of justice of the european union on article 57 tfeu24 , remuneration exists within the meaning of the treaty also if the service provider is paid by a third party and not by the service recipient . the concept of remuneration should therefore also encompass situations where the end - user is exposed to advertisements as a condition for gaining access to the service , or situations where the service provider monetises personal data it has collected . _________________ 24 case c - 352 / 85 bond van adverteerders and others vs the netherlands state , eu : c : 1988 : 196 . ### in order to fall within the scope of the definition of electronic communications service , a service needs to be provided normally in exchange for remuneration . in the digital economy , market participants increasingly consider information about users as having a monetary value . electronic communications services are often supplied to the end - user against counter - performance other than money , in particular against the provision of personal data or other data . the concept of remuneration should therefore encompass situations where the provider of a service requests and the end - user knowingly provides personal data as defined in article 4 of regulation 2016 / 679 or other data directly or indirectly to the provider . it should also encompass situations where the end - user allows access to information without actively supplying it , such as personal data , including the ip address , or other automatically generated information , such as information collected and transmitted by a cookie ) . in line with the jurisprudence of the court of justice of the european union on article 57 tfeu24 , remuneration exists within the meaning of the treaty also if the service provider is paid by a third party and not by the service recipient . the concept of remuneration should therefore also encompass situations where the end - user is exposed to advertisements as a condition for gaining access to the service , or situations where the service provider monetises personal data it has collected . _________________ 24 judgment of the court of justice of 26 april 1988 , bond van adverteerders and others v the netherlands state , c - 352 / 85 , ecli : eu : c : 1988 : 196 .


### the benefits of the single market to service providers and end - users can be best achieved by general authorisation of electronic communications networks and of electronic communications services other than number - independent interpersonal communications services , without requiring any explicit decision or administrative act by the national regulatory authority and by limiting any procedural requirements to a declaratory notification only . where member states require notification by providers of electronic communications networks or services when they start their activities , this notification should be submitted to berec which acts as a single contact point . such notification should not entail administrative cost for the providers and could be made available via an entry point at the website of the national regulatory authorities . berec should forward in good time the notifications to the national regulatory authority in all member states in which the providers of electronic communications networks or services intend to provide electronic communications networks or services . member states can also require proof that notification was made by means of any legally recognised postal or electronic acknowledgement of receipt of the notification to berec . such acknowledgement should in any case not consist of or require an administrative act by the national regulatory authority , or any other authority . ### the benefits of the single market to service providers and end - users can be best achieved by general authorisation of electronic communications networks and of electronic communications services other than number - independent interpersonal communications services , without requiring any explicit decision or administrative act by the national regulatory authority and by limiting any procedural requirements to a declaratory notification only . where member states require notification by providers of electronic communications networks or services when they start their activities , one single notification should be submitted to berec which acts as a single contact point . such notification should not entail administrative cost for the providers and should be made available via an entry point on the website of berec . berec should forward in good time the notifications to the national regulatory authority in all member states in which the providers of electronic communications networks or services intend to provide electronic communications networks or services . member states can also require proof that notification was made by means of any legally recognised postal or electronic acknowledgement of receipt of the notification to berec . such acknowledgement should in any case not consist of or require an administrative act by the national regulatory authority , or any other authority .


### massive growth in radio spectrum demand , and in end - user demand for wireless broadband capacity , calls for solutions allowing alternative , complementary , spectrally efficient access solutions , including low - power wireless access systems with a small - area operating range such as radio local area networks and networks of low - power small - size cellular access points . such complementary wireless access systems , in particular publicly accessible rlan access points , increase access to the internet for end - users and mobile traffic off - loading for mobile operators . rlans use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right . most rlan access points are so far used by private users as local wireless extension of their fixed broadband connection . end - users , within the limits of their own internet subscription , should not be prevented from sharing access to their rlan with others , so as to increase the number of available access points , particularly in densely populated areas , 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 to the deployment and interlinkage of rlan access points should also be removed . public authorities or public service providers , who use rlans in their premises for their personnel , visitors or clients , for example to facilitate access to e - government services or for information on public transport or road traffic management , could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises , to the extent allowed by competition and public procurement rules . moreover , the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non - commercial basis or as an ancillary service to another activity that is not dependant on such access can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end - users or interconnection . however , such provider should remain subject to the liability rules of article 12 of directive 2000 / 31 / ec on electronic commerce35 . further technologies such as lifi are emerging that will complement current radio spectrum capabilities of rlans and wireless access point to include optical visible light - based access points and lead to hybrid local area networks allowing optical wireless communication . _________________ 35 directive2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market , . ### massive growth in radio spectrum demand , and in end - user demand for wireless broadband capacity , calls for solutions allowing alternative , complementary , spectrally efficient access solutions , including low - power wireless access systems with a small - area operating range such as radio local area networks and networks of low - power small - size cellular access points . such complementary wireless access systems , in particular publicly accessible rlan access points , increase access to the internet for end - users and mobile traffic off - loading for mobile operators . rlans use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right . most rlan access points are so far used by private users as local wireless extension of their fixed broadband connection . end - users , within the limits of their own internet subscription , should not be prevented from sharing access to their rlan with others , so as to increase the number of available access points , particularly in densely populated areas , 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 to the deployment and interlinkage of rlan access points should also be removed . public authorities or public service providers , who use rlans in their premises for their personnel , visitors or clients , for example to facilitate access to e - government services or for information on public transport or road traffic management , could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises , to the extent allowed by competition and public procurement rules . moreover , the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non - commercial basis or as an ancillary service to another activity that is not dependant on such access can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end - users or interconnection . however , such provider should not remain subject to the liability rules of article 12 of directive 2000 / 31 / ec on electronic commerce35 as the liability of individuals providing local access to third party for a non commercial purpose over content transmitted through their network that they do not control would discourage them to do so . further technologies such as lifi are emerging that will complement current radio spectrum capabilities of rlans and wireless access point to include optical visible light - based access points and lead to hybrid local area networks allowing optical wireless communication . _________________ 35 directive2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market , .


### currently both end - to - end connectivity and access to emergency services depend on end - users adopting number - based interpersonal communications services . future technological developments or an increased use of number - independent interpersonal communications services could entail a lack of sufficient interoperability between communications services . as a consequence significant barriers to market entry and obstacles to further onward innovation could emerge and appreciably threaten both effective end - to - end connectivity between end - users and effective access to emergency services . ### currently both end - to - end connectivity and access to emergency services depend on end - users adopting number - based interpersonal communications services . future technological developments or an increased use of number - independent interpersonal communications services could entail a lack of sufficient interoperability between communications services . as a consequence significant barriers to market entry and obstacles to further onward innovation could emerge and appreciably threaten both effective end - to - end connectivity between end - users .


### in case such interoperability issues arise , the commission may request a berec report which should provide a factual assessment of the market situation at the union and member states level . on the basis of the berec report and other available evidence and taking into account the effects on the internal market , the commission should decide whether there is a need for regulatory intervention by national regulatory authorities . if the commission considers that such regulatory intervention should be considered by national regulatory authorities , it may adopt implementing measures specifying the nature and scope of possible regulatory interventions by nras , including in particular measures to impose the mandatory use of standards or specifications on all or specific providers . the terms ' european standards ' and ' international standards ' are defined in article 2 of regulation no 1025 / 2012 . 36 national regulatory authorities should assess , in the light of the specific national circumstances , whether any intervention is necessary and justified to ensure end - to - end - connectivity or access to emergency services , and if so , impose proportionate obligations in accordance with the commission implementing measures . _________________ 36 regulation no 1025 / 2012 of the european parliament and of the council of 25 october 2012 on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council [ oj l 364 of 14 . 11 . 2012 , p . 12 ] ### in case such interoperability issues arise , the commission may request a berec report which should provide a factual assessment of the market situation at the union and member states level . on the basis of the berec report and other available evidence and taking into account the effects on the internal market , the commission should decide whether there is a need for regulatory intervention by national regulatory authorities . if the commission considers that such regulatory intervention should be considered by national regulatory authorities , it may adopt implementing measures specifying the nature and scope of possible regulatory interventions by nras , including in particular measures to impose the mandatory use of standards or specifications on all or specific providers . the terms ' european standards ' and ' international standards ' are defined in article 2 of regulation no 1025 / 2012 . 36 national regulatory authorities should assess , in the light of the specific national circumstances , whether any intervention is necessary and justified to ensure end - to - end - connectivity or access to emergency services , and if so , impose proportionate obligations in accordance with the commission implementing measures . national regulatory authorities should not add additional requirements to the commission implementing measures as it would create barriers to the internal market . _________________ 36 regulation no 1025 / 2012 of the european parliament and of the council of 25 october 2012 on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council [ oj l 364 of 14 . 11 . 2012 , p . 12 ]


### while it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end - to - end connectivity or interoperability of services , it is however necessary to ensure that such obligations are imposed in conformity with the regulatory framework and , in particular , its notification procedures . ### while it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end - to - end connectivity or interoperability of services , it is however necessary to ensure that such obligations are imposed in conformity with the regulatory framework and , in particular , its notification procedures . such obligations must only be imposed where justified in order to secure the objectives of this directive , and where they are objectively justified , transparent , proportionate and non - discriminatory for the purpose of promoting efficiency , sustainable competition , efficient investment and innovation , and giving the maximum benefit to end - users , and imposed in conformity with the relevant notification procedures .


### a fundamental requirement of universal service is to ensure that all end - users have access at an affordable price to available functional internet access and voice communications services , at least at a fixed location . member states should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations . ### a fundamental requirement of a universal service is to ensure that all consumers have access at an affordable price to available internet access and voice communications services , at least at a fixed location . however , there should be no limitations on the technical means by which the connection at a fixed location is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations . particular attention should be paid in this context to ensure that end - users with disabilities have equivalent access . member states should also have the possibility to ensure affordability to citizens on the move , where they deem this to be necessary to ensure full social and economic participation in society .


### a fundamental requirement of universal service is to ensure that all end - users have access at an affordable price to available functional internet access and voice communications services , at least at a fixed location . member states should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations . ### a fundamental requirement of universal service is to ensure that all end - users have access at an affordable price to available functional internet access and voice communications services , at a fixed location and by way of mobile connection . member states should also have the ensure affordability of services not provided at a fixed location but to citizens on the move , as this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations .


### the speed of internet access experienced by a given user may depend on a number of factors , including the provider of internet connectivity as well as the given application for which a connection is being used . the affordable functional internet access service should be sufficient in order to support access to and use of a minimum set of basic services that reflect the services used by the majority of end - users . this minimum list of services should be further defined by member states , in order to allow an adequate level of social inclusion and participation in the digital society and economy in their territory . ### the speed of internet access experienced by a given user may depend on a number of factors , including the provider of internet connectivity as well as the given application for which a connection is being used . the availability of affordable broadband internet access service provided under the universal service obligation should have sufficient capability to support access to and use of at least a minimum set of basic internet services and at least a minimum bandwidth that reflects the average use of such services by a majority of the population , with the aim of ensuring an adequate level of social inclusion and participation in the digital society and economy . it is for the national regulatory authorities , in accordance with berec guidelines , to establish the most appropriate way in which to ensure the delivering of the bandwidth necessary to support at least such a minimum list of services while seeking to reflect the internet access capability available to the majority of the population of a member state’s territories or parts thereof . for instance , they may define capability in terms of the minimum quality of service requirements , including minimum bandwidth and data volumes . the requirements of union law on open internet , in particular as provided for in regulation no 2015 / 2120of the european parliament and of the council1a , should apply to any such internet access service , including any list of services or minimum bandwidth adopted under the universal service obligation . __________________ 1a regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users ' rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union


### end - users should not be obliged to access services they do not want and it should therefore be possible for eligible end - users to limit , on request , the affordable universal service to voice communications service only . ### consumers should not be obliged to access services they do not want and it should therefore be possible for eligible consumers to limit , on request , the affordable universal service to voice communications service only .


### affordable price means a price defined by member states at national level in the light of specific national conditions , and may involve special tariff options or packages to deal with the needs of low - income users or users with special social needs , including the elderly , the disabled and the end - users living in rural or geographically isolated areas . these offers should be provided with basic features , in order to avoid distortion of the functioning of the market . affordability for individual end - users should be founded upon their right to contract with an undertaking , availability of a number , continued connection of service and their ability to monitor and control their expenditure . ### affordable price means a price defined by member states at national level in the light of specific national conditions , and should involve special social tariff options or packages to deal with the needs of low - income users or users with special social needs . these end - users may include older people , persons with disabilities and the consumers living in rural or geographically isolated areas . these offers should be provided with basic features , in order to avoid distortion of the functioning of the market and to ensure their right to access publicly available electronic communication services . affordability for individual consumers should be founded upon their right to contract with a provider , availability of a number , continued connection of service and their ability to monitor and control their expenditure .


### it should no longer be possible to refuse end - users access to the minimum set of connectivity services . a right to contract with an undertaking should mean that end - users who might face refusal , in particular those with low incomes or special social needs , should have the possibility to enter into a contract for the provision of affordable functional internet access and voice communications services at least at a fixed location with any undertaking providing such services in that location . in order to minimise the financial risks such as non - payment of bills , undertakings should be free to provide the contract under pre - payment terms , on the basis of affordable individual pre - paid units . ### it should no longer be possible to refuse consumers access to the minimum set of connectivity services . a right to contract with a provider should mean that consumers who might face refusal , in particular those with low incomes or special social needs , should have the possibility to enter into a contract for the provision of affordable internet access and voice communications services at least at a fixed location with any provider of such services in that location . in order to minimise the financial risks such as non - payment of bills , providers should be free to provide the contract under pre - payment terms , on the basis of affordable individual pre - paid units .


### it should no longer be possible to refuse end - users access to the minimum set of connectivity services . a right to contract with an undertaking should mean that end - users who might face refusal , in particular those with low incomes or special social needs , should have the possibility to enter into a contract for the provision of affordable functional internet access and voice communications services at least at a fixed location with any undertaking providing such services in that location . in order to minimise the financial risks such as non - payment of bills , undertakings should be free to provide the contract under pre - payment terms , on the basis of affordable individual pre - paid units . ### it should no longer be possible to refuse end - users access to the minimum set of connectivity services . a right to contract with an undertaking should mean that end - users who might face refusal , in particular those with low incomes or special social needs , should have the possibility to enter into a contract for the provision of affordable functional internet access and voice communications services at a fixed location and by way of mobile connection with any undertaking providing such services in that location . in order to minimise the financial risks such as non - payment of bills , undertakings should be free to provide the contract under pre - payment terms , on the basis of affordable individual pre - paid units .


### in order to ensure that citizens are reachable by voice communications services , member states should ensure the availability of a telephone number for a reasonable period also during periods of non - use of voice communications service . undertakings should be able to put in place mechanisms to check the continued interest of the end - user in keeping the availability of the number . ### in order to ensure that citizens are reachable by voice communications services , member states should ensure the availability of a telephone number for a reasonable period also during periods of non - use of voice communications service . providers should be able to put in place mechanisms to check the continued interest of the consumer in keeping the availability of the number .


### in order to assess the need for affordability measures , national regulatory authorities should be able to monitor the evolution and details of offers of tariff options or packages for end - users with low incomes or special social needs . ### in order to assess the need for affordability measures , national regulatory authorities should be able to monitor the evolution and details of offers of tariff options or packages for consumers with low incomes or special social needs .


### where additional measures beyond the basic tariff options or packages provided by undertakings are insufficient for ensuring affordability for end - users with low incomes or special needs , direct support such as for example vouchers to such end - users can be an appropriate alternative having regard to the need to minimise market distortions . ### where additional measures beyond the social tariff options or packages provided by providers are insufficient alone for ensuring affordability for all consumers with low incomes or special needs , member state should be able to grant direct additional support to such consumers , such as for example vouchers to such consumers or direct payments to providers . this can be appropriate alternative to other measures , having regard to the need to minimise market distortions .


### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for disabled end - users , including equipment with assistive technologies . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for disabled end - users under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] . ### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for consumers with disabilities , following a universal design approach , including , where appropriate , equipment with assistive technologies that is interoperable with publically available electronic communication equipment and services . this can be achieved , inter alia , by referring to european standards , such as european standard en 301 549 v1 . 1 . 2 or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council38 . member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for consumers with disabilities under normal economic conditions . the average cost of the relay services for consumers with disabilities should be equivalent to that of voice communication services in order not to prejudice consumers with disabilities . the net costs of providers of relay services should be compensated based on article 84 . __________________ 38 directive xxx / yyyy / eu of the european parliament and of the council of . . . on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services .


### for data communications at data rates that are sufficient to permit a functional internet access , fixed - line connections are nearly universally available and used by a majority of citizens across the union . the standard fixed broadband coverage and availability in the union stands at 97% of homes in 2015 , with an average take - up rate of 72% , and services based on wireless technologies have even greater reach . however , there are differences between member states as regards availability and affordability of fixed broadband across urban and rural areas . ### for data communications at data rates that are sufficient to permit internet access , fixed - line connections are nearly universally available and used by a majority of citizens across the union . the standard fixed broadband coverage and availability in the union stands at 97% of homes in 2015 , with an average take - up rate of 72% , and services based on wireless technologies have even greater reach . however , there are differences between member states as regards availability and affordability of fixed broadband across urban and rural areas .


### the market has a leading role to play in ensuring availability of broadband internet access with constantly growing capacity . in areas where the market would not deliver , other public policy tools to support availability of functional internet access connections appear , in principle , more cost - effective and less market - distortive than universal service obligations , for example recourse to financial instruments such as those available under efsi and cef , the use of public funding from the european structural and investment funds , attaching coverage obligations to rights of use for radio spectrum to support the deployment of broadband networks in less densely populated areas and public investment in conformity with union state aid rules . ### the market has a leading role to play in ensuring availability of broadband internet access with constantly growing capacity . in areas where the market would not deliver , other public policy tools to support availability of internet access connections appear , in principle , more cost - effective and less market - distortive than universal service obligations , for example recourse to financial instruments such as those available under efsi and cef , the use of public funding from the european structural and investment funds , attaching coverage obligations to rights of use for radio spectrum to support the deployment of broadband networks in less densely populated areas and public investment in conformity with union state aid rules . however , this directive should still give member states the option of applying universal service obligations as a potential measure to ensure the availability of internet access if the member state concerned considers this to be necessary .


### if after carrying out a due assessment , taking into account the results of the geographical survey of networks deployment conducted by the national regulatory authority , it is shown that neither the market nor public intervention mechanisms are likely to provide end - users in certain areas with a connection capable of delivering functional internet access service as defined by member states in accordance with article 79 and voice communications services at a fixed location , the member state should be able to exceptionally designate different undertakings or sets of undertakings to provide these services in the different relevant parts of the national territory . universal service obligations in support of availability of functional internet access service may be restricted by member states to the end - user’s primary location or residence . there should be no constraints on the technical means by which the functional internet access and voice communications services at a fixed location are provided , allowing for wired or wireless technologies , nor any constraints on which operators provide part or all of universal service obligations . ### if after carrying out a due assessment , taking into account the results of the geographical survey of networks deployment conducted by the national regulatory authority , it is shown that neither the market nor public intervention mechanisms are likely to provide consumers in certain areas with a connection capable of delivering internet access service as defined by member states in accordance with article 79 and voice communications services at a fixed location , the member state should be able to exceptionally designate different providers or sets of providers of these services in the different relevant parts of the national territory . universal service obligations in support of availability of internet access service may be restricted by member states to the consumer’s primary location or residence . there should be no constraints on the technical means by which the internet access and voice communications services at a fixed location are provided , allowing for wired or wireless technologies , nor any constraints on which operators provide part or all of universal service obligations .


### the costs of ensuring the availability of a connection capable of delivering functional internet access service as identified in accordance with article 79 and voice communications service at a fixed location at an affordable price within the universal service obligations should be estimated , in particular by assessing the expected financial burden for undertakings and users in the electronic communications sector . ### the costs of ensuring the availability of a connection capable of delivering internet access service as identified in accordance with article 79 and voice communications service at a fixed location at an affordable price within the universal service obligations should be estimated , in particular by assessing the expected financial burden for providers and users in the electronic communications sector .


### the costs of ensuring the availability of a connection capable of delivering functional internet access service as identified in accordance with article 79 and voice communications service at a fixed location at an affordable price within the universal service obligations should be estimated , in particular by assessing the expected financial burden for undertakings and users in the electronic communications sector . ### the costs of ensuring the availability of a connection capable of delivering functional internet access service as identified in accordance with article 79 and voice communications service at a fixed location and by way of mobile connection at an affordable price within the universal service obligations should be estimated , in particular by assessing the expected financial burden for undertakings and users in the electronic communications sector .


### when an undertaking designated to ensure the availability at a fixed location of functional internet access or voice communications services , as identified in article 81 of this directive , chooses to dispose of a substantial part , viewed in light of its universal service obligation , or all , of its local access network assets in the national territory to a separate legal entity under different ultimate ownership , the national regulatory authority should assess the effects of the transaction in order to ensure the continuity of universal service obligations in all or parts of the national territory . to this end , the national regulatory authority which imposed the universal service obligations should be informed by the undertaking in advance of the disposal . the assessment of the national regulatory authority should not prejudice the completion of the transaction . ### when a provider designated to ensure the availability at a fixed location of internet access or voice communications services , as identified in article 81 of this directive , chooses to dispose of a substantial part , viewed in light of its universal service obligation , or all , of its local access network assets in the national territory to a separate legal entity under different ultimate ownership , the national regulatory authority should assess the effects of the transaction in order to ensure the continuity of universal service obligations in all or parts of the national territory . to this end , the national regulatory authority which imposed the universal service obligations should be informed by the provider in advance of the disposal . the assessment of the national regulatory authority should not prejudice the completion of the transaction .


### when an undertaking designated to ensure the availability at a fixed location of functional internet access or voice communications services , as identified in article 81 of this directive , chooses to dispose of a substantial part , viewed in light of its universal service obligation , or all , of its local access network assets in the national territory to a separate legal entity under different ultimate ownership , the national regulatory authority should assess the effects of the transaction in order to ensure the continuity of universal service obligations in all or parts of the national territory . to this end , the national regulatory authority which imposed the universal service obligations should be informed by the undertaking in advance of the disposal . the assessment of the national regulatory authority should not prejudice the completion of the transaction . ### when an undertaking designated to ensure the availability at a fixed location and by way of mobile connection of functional internet access or voice communications services , as identified in article 81 of this directive , chooses to dispose of a substantial part , viewed in light of its universal service obligation , or all , of its local access network assets in the national territory to a separate legal entity under different ultimate ownership , the national regulatory authority should assess the effects of the transaction in order to ensure the continuity of universal service obligations in all or parts of the national territory . to this end , the national regulatory authority which imposed the universal service obligations should be informed by the undertaking in advance of the disposal . the assessment of the national regulatory authority should not prejudice the completion of the transaction .