### shall base itself on precise and up - to - date information obtained from all relevant sources , including union level country of origin information and the common analysis on country of origin information as referred in articles 8 and 10 of the regulation no xxx / xx [ regulation on the european union agency for asylum ] or information and guidance issued by the united nations high commissioner for refugee . ### shall take into account up - to - date information obtained from all relevant sources , including union level country of origin information and the common analysis on country of origin information as referred in articles 8 and 10 of the regulation no xxx / xx [ regulation on the european union agency for asylum ] or information and guidance issued by the united nations high commissioner for refugee .


### there are reasonable grounds for considering him or her as a danger to the security of the member state in which he or she is present ; ### there are reasonable grounds for considering him or her as a danger to the public security or a danger to the individual safety of a citizen of the member state in which he or she is present ;


### decisions of the determining authority revoking , ending or refusing to renew refugee status pursuant to point of paragraph 1 shall only take effect three months after the decision is adopted , in order to provide the third - country national or stateless person with the opportunity to apply for residence in the member state on other grounds in accordance with relevant union and national law . ### decisions of the determining authority revoking , ending or refusing to renew refugee status pursuant to point of paragraph 1 shall take effect immediately after the decision is adopted . member states may decide , in specific and well - argued cases , to provide the third - country national or stateless person with an additional 3 months in order to apply for residence in the member state on other grounds in accordance with relevant union and national law .


### decisions of the determining authority revoking , ending or refusing to renew subsidiary protection status pursuant to paragraph 1 shall only take effect three months after the decision is taken , in order to provide the third - country national or stateless person with the opportunity to apply for residence in the member state on other grounds in accordance with relevant union and national law . ### decisions of the determining authority revoking , ending or refusing to renew subsidiary protection status pursuant to paragraph 1 shall take effect immediately after the decision is adopted . member states may decide , in specific and well - argued cases , to provide the third - country national or stateless person with an additional 3 months in order to apply for residence in the member state on other grounds in accordance with relevant union and national law .


### where union level country of origin information and common analysis of country of origin information as referred in articles 8 and 10 of regulation no xxx / xx [ regulation on the european union agency for asylum ] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant ; ### where union level country of origin information and common analysis of country of origin information as referred in articles 8 and 10 of regulation no xxx / xx [ regulation on the european union agency for asylum ] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant , taking into account&#160 ; the level of integration of the applicant and the establishment of ties within the host country ;


### where union level country of origin information and common analysis of country of origin information as referred in articles 8 and 10 of regulation no xxx / xx [ regulation on the european union agency for asylum ] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant ; ### union level country of origin information and common analysis of country of origin information as referred in articles 8 and 10 of regulation no xxx / xx [ regulation on the european union agency for asylum ] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant ;


### where union level country of origin information and common analysis of country of origin information as referred in articles 8 and 10 of regulation no xxx / xx [ regulation on the european union agency for asylum ] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant , ### union level country of origin information and common analysis of country of origin information as referred in articles 8 and 10 of regulation no xxx / xx [ regulation on the european union agency for asylum ] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant ,


### serious harm as referred to in article 2 , consists of : ### serious harm as referred to in article 2 , consists solely of :


### when applying the provisions of this chapter that involve minors the best interests of the child shall be a primary consideration to the relevant authorities . ### when applying the provisions of this chapter that involve minors the best interests of the child shall be the primary consideration to the relevant authorities .


### employment - related education opportunities for adults , vocational training , including training courses for upgrading skills , practical workplace experience ; ### education and employment - related education opportunities , vocational training , including training courses for upgrading skills , practical workplace experience ;


### advice services afforded by employment offices . ### advice and follow - up services afforded by employment offices .


### healthcare ### basic healthcare


### as soon as possible after international protection is granted and within five working days at the latest , as outlined in article 22 of regulation eu no xxx / xxx [ procedures regulation ] , competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or , where necessary , by an organisation responsible for the care and well - being of minors , or by any other appropriate representation including that based on legislation or court order . ### as soon as possible after international protection is granted and in any case no later than five days from the moment when an unaccompanied minor arrives in the member state , as outlined in article 22 of regulation eu no xxx / xxx [ procedures regulation ] , competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a qualified legal guardian or , where necessary , by an organisation responsible for the care and well - being of minors , or by any other appropriate representation including that based on legislation or court order .


### as soon as possible after international protection is granted and within five working days at the latest , as outlined in article 22 of regulation eu no xxx / xxx [ procedures regulation ] , competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or , where necessary , by an organisation responsible for the care and well - being of minors , or by any other appropriate representation including that based on legislation or court order . ### where there is not possibility of keeping the same guardian appointed after the arrival of the unaccompanied minor in the territory of the union , as soon as possible after international protection is granted and within five days at the latest , competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or , where necessary , by an organisation responsible for the care and well - being of minors , or by any other appropriate representation including that based on legislation or court order .


### the appointed guardian shall have the duty of ensuring that the minor can access all rights stemming from this regulation . the appropriate authorities shall regularly assess the performance of the appointed guardian . ### the appointed guardian shall have the duty of ensuring that the minor can access all rights stemming from this regulation . the responsible authorities shall assess the performance of the guardian within the first month after his / her appointment , and then regularly .


### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . this would be in conjunction with ensuring long - term availability until 2030 of the sub - 700 mhz frequency band for the downlink - only provision of audiovisual media services . the rspg particularly recommends introducing flexibility so that the sub - 700 mhz frequency band can also be used for downlink - only wireless broadband electronic communications services . ### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2022 . this would be in conjunction with ensuring long - term availability at least until the end of 2030 of the sub - 700 mhz frequency band for terrestrial broadcasting and for use by wireless audio pmse equipment . the rspg recognises the importance of the dtt platform and the need to provide certainty for investments in broadcasting infrastructure . therefore , the rspg recommends that the frequency band 470 - 694 mhz remain available for dtt in the foreseeable future , at least until the end of 2030 .


### in any case , spectrum usage in the 470 - 694 mhz frequency band should be reassessed at union level no later than 2025 . such an assessment should also take into account the planned review of this frequency band at the world radiocommunication conference in 2023 . changes in the use of the sub - 700 mhz frequency band should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 service and social , economic and cultural general interest objectives . in this context , studies on technical and regulatory conditions for co - existence between incumbent and new spectrum uses in the sub - 700 mhz frequency band are necessary . these would ensure coherence between the approaches taken by different member states on flexible and efficient spectrum use and would enable technical harmonisation measures for use and co - existence in this band . such studies and measures may be developed pursuant to decision no 676 / 2002 / ec . __________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council . ### spectrum usage in the 470 - 694 mhz frequency band should be reassessed at union level no later than 2025 . such an assessment should also take into account the planned review of this frequency band at the world radiocommunication conference in 2023 . any option for the use of the sub - 700 mhz frequency band after 2030 should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 service and social , economic and cultural general interest objectives . in this context , studies on technical and regulatory conditions for co - existence between incumbent and new spectrum uses in the sub - 700 mhz frequency band are necessary . __________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council .


### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies . ### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes , mechanisms to avoid harmful interference to spectrum users in adjacent bands and information on the possibility to offer compensation for migration costs , in order to avoid , inter alia , costs for end - users and broadcasters . as for dtt , the roadmaps should give particular attention to facilitating , where necessary , upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies .


### the scope and mechanism of possible compensation for completing the transition in spectrum use within the 470 - 790 mhz frequency band should be analysed in accordance with the relevant national provisions as provided by article 14 of directive 2002 / 20 / ec27 , and have to be consistent with the provisions of articles 107 and 108 tfeu . __________________ 27 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services . ### the scope and mechanism of possible compensation for completing the transition in spectrum use within the 694 - 790 mhz frequency band should be analysed in accordance with the relevant national provisions as provided by article 14 of directive 2002 / 20 / ec27 , and have to be consistent with the provisions of articles 107 and 108 tfeu . __________________ 27 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services .


### since the objective of this decision , namely to ensure coordinated transition in spectrum use of the 470 - 790 mhz frequency band in the union according to common objectives , cannot be sufficiently achieved by the member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this decision does not go beyond what is necessary in order to achieve that objective . ### since the objective of this decision , namely to ensure coordinated transition in spectrum use of the 694 - 790 mhz frequency band in the union according to common objectives , cannot be sufficiently achieved by the member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this decision does not go beyond what is necessary in order to achieve that objective .


### by 30 june 2020 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec , in order to allow that use . ### by 31 december 2022 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec , in order to allow that use .


### by 1 january 2025 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 . the report shall assess whether it is necessary to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union . ### by 31 december 2025 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 960 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 . the report shall assess whether it is necessary to change the use of the 470 - 960 mhz frequency band , or any part of it , in the union . when considering any option for the use of the 470 - 694 mhz frequency band , after 2030 , aspects such as requirements , technological developments , consumer behaviour , the importance of delivering free - to - air television and the various social , political , cultural and economic general interest objectives shall also be duly taken into account .


### by 1 january 2025 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 . the report shall assess whether it is necessary to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union . ### by 1 january 2025 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to article 1 . the report shall assess whether it is necessary to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union .


### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to the achievement of the sustainable development goal . it should also fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action . ### a new partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to the achievement of the sustainable development goals . it should also aim to fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by other financing instruments for external action .


### a key component of the eib resilience initiative is the expansion , in both quantitative and qualitative terms , of the eib external lending mandate . this should enable the eib to rapidly contribute to the eip’s objectives , in particular by providing additional financing to private - sector beneficiaries . ### a key component of the eib resilience initiative is the expansion , in both quantitative and qualitative terms , of the eib external lending mandate . this should enable the eib to rapidly contribute to the eip’s objectives , in particular by providing additional financing to private - sector beneficiaries in order to boost long - term investment .


### the maximum amounts under the general mandate and the private sector lending mandate referred to in paragraph 1 shall be broken down into regional ceilings and sub - ceilings as laid down in annex i . within the regional ceilings , the eib shall progressively ensure a balanced country distribution within the regions covered by the eu guarantee . ’ ; ### the maximum amounts under the general mandate and the private sector lending mandate referred to in paragraph 1 shall be broken down into regional ceilings and sub - ceilings as laid down in annex i . within the regional ceilings , the eib shall ensure an adequate country distribution within the regions covered by the eu guarantee , in line with union external policy priorities which shall be reflected in the regional technical operational guidelines referred to in article 5 . ’ ;


### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects in climate change mitigation and adaptation that contribute to the overall objectives of the united nations framework convention on climate change and of the paris agreement adopted under that convention , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . ### by recognising climate change as the greatest global challenge of our time , and in order to avoid that climate risk seriously undermines efforts already undertaken to improve welfare , in particular in the world´s poorest regions , eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects in climate change mitigation and adaptation that contribute to the overall objectives of the united nations framework convention on climate change and of the paris agreement adopted under that convention . in particular , those ambitious targets shall be carried out by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities .


### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects that address root causes of the migration and contribute to long - term economic resilience and safeguard sustainable development in beneficiary countries . eib financing operations shall , in particular , address increased needs for infrastructure and related services to cater for the migrants influx , and boost employment opportunities for host and refugee communities to foster economic integration and enable refugees to become self - reliant . ### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects that address root causes of the migration and contribute to long term economic resilience and safeguard sustainable development in beneficiary countries including strengthening humanitarian action and providing support for the construction of infrastructure and job creation while ensuring compliance with the sdgs . eib financing operations shall , in particular , address increased needs for infrastructure and transport , energy and access to energy and telecommunications as these projects significantly increase the potential of trade and can have a leverage effect in the internationalisation of smes , especially in regions with geographical disadvantages , but also tap the potential in sectors such as agriculture , green technologies , research and innovation and property rights , as well as , strengthen humanitarian action , support the creation of decent jobs and education for host and refugee communities to foster economic integration and enable refugees to become self - reliant , while ensuring the full respect of human rights , in particular labour and social rights and the rule of law .


### ““6 . the commission and the eib shall set out in the guarantee agreement referred to in article 14 a clear and transparent allocation policy allowing the eib to identify , within its external activity , the operations to be financed under this decision in order to ensure the most effective use of the eu guarantee . the allocation policy shall be based on the creditworthiness of eib financing operations as assessed by the eib , the ceilings as defined in annex i , the nature of the counterparty , whether a sovereign state or a sub - sovereign entity falling under paragraph 1 of this article or a private entity , eib risk absorption capacity and other relevant criteria , including added value of the eu guarantee . the european parliament and the council shall be informed on the allocation policy in accordance with article 14 . ”“ ### in article 8 , paragraph 6 is replaced by the following : ““6 . the commission and the eib shall set out in the guarantee agreement referred to in article 14 a clear and transparent allocation policy allowing the eib to identify , within its external activity , the operations to be financed under this decision in order to ensure the most effective use of the eu guarantee . the allocation policy shall be based on the creditworthiness of eib financing operations as assessed by the eib , the ceilings as defined in annex i , the nature of the counterparty , whether a sovereign state or a sub - sovereign entity falling under paragraph 1 of this article or a private entity , eib risk absorption capacity and other relevant criteria , including added value of the eu guarantee . the european parliament and the council shall be informed on the allocation policy under this decision including in comparison with eib’s own risk lending allocation policy outside the union , in accordance with article 14 . ”“


### ““where appropriate , this appraisal shall include an assessment of how the capacities of the beneficiaries of eib financing can be reinforced throughout the project cycle with technical assistance . the eib’s own rules and procedures shall include the necessary provisions on assessment of environmental and social impact of investment projects and of aspects related to human rights and conflict prevention , to ensure that investment projects supported under this decision are environmentally and socially sustainable . ““ ### in article 9 , paragraph 1 , subparagraph 2 is replaced by the following : ““where applicable , this appraisal shall include an assessment of how the capacities of the beneficiaries of eib financing can be reinforced throughout the project cycle with technical assistance . the eib’s own rules and procedures shall include the necessary provisions on assessment of environmental and social impact of investment projects and of aspects related to human rights and conflict prevention , to ensure that investment projects supported under this decision are environmentally and socially sustainable . the eib shall ensure that the available internal practical guidance on application of due diligence ensures respect for human rights , taking into account existing human rights benchmarks provided by the union , relevant united nations bodies and human rights organisations , in its project assessments . ”“


### the eib monitoring shall also endeavour to cover the implementation of intermediated operations and the performance of financial intermediaries in support of smes . ### article 9 is replaced by the following : ' 3 . the eib monitoring shall cover the implementation of intermediated operations and the performance of financial intermediaries in support of smes . '


### indicators for projects providing strategic response addressing root causes of migration shall be developed by the eib ; ### indicators for projects providing strategic response addressing root causes of migration shall be developed by the eib , in detailed and regular consultation and cooperation with stakeholders and civil society ;


### an assessment of the quality of eib financing operations , in particular , the extent to which the eib has taken into account environmental and social sustainability in the due diligence and monitoring of the investment projects financed ; ' ### point is replaced by the following : ' an assessment of the quality of eib financing operations , in particular , the extent to which the eib has taken into account environmental and social sustainability in the due diligence and monitoring of the investment projects financed as well as measures to maximise local ownership by promoting the involvement of affected communities , civil society organisations and ngos ; '


### for the purposes of the commission ' s reporting referred to in paragraph 1 , the eib shall provide the commission with yearly reports on eib financing operations carried out under this decision including all necessary elements allowing the commission to report in accordance with paragraph 1 . the eib may also provide to the commission additional information relevant for the european parliament and the council to have a comprehensive overview of eib external activity . ### in article 11 , paragraph 2 is amended as follows : 2 . for the purposes of the commission ' s reporting referred to in paragraph 1 , the eib shall provide the commission with yearly reports on eib financing operations carried out under this decision including all necessary elements allowing the commission to report in accordance with paragraph 1 . the eib may also provide to the commission additional information relevant for the european parliament and the council to have a comprehensive overview of eib external activity . the european parliament may , on the basis of the yearly reports , draw up recommendations to the eib concerning ongoing projects .


### all eib financing operations carried out under this decision , after the project approval stage , in particular indicating whether an investment project is covered by the eu guarantee and how it contributes to the goals of the union external action , noting in particular its economic , social and environmental impact ; ### article 12 is replaced by the following : ‘ all eib financing operations carried out under this decision , after the project approval stage , including information on projects and sub - projects financed through financial intermediaries , in particular indicating whether an investment project is covered by the eu guarantee and how it contributes to the goals of the union external action , noting in particular its economic , social and environmental impact ; ’


### eastern europe , southern caucasus and russia : eur 6 008 000 000 ; ### eastern europe and southern caucasus : eur 11 471 000 000 ;


### the presumption of innocence is violated if , without the accused’s having previously been proved guilty according to law , a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if they were convicted . ### the presumption of innocence is violated if without the accused having previously been proven guilty according to law , persons holding a public office , be it judicial , administrative or political , refer to the suspects or accused persons as if they were convicted or act in a manner that reflects guilt on the suspects or accused persons .


### member states shall ensure that , before a final conviction , public statements and official decisions from public authorities do not refer to the suspects or accused persons as if they were convicted . ### member states shall ensure that , before a final conviction , persons holding a public office , be it judicial , administrative or political , refrain from referring to the suspects or accused persons as if they were convicted or act in a manner that reflects guilt on the suspects or accused persons .


### member states shall ensure that the burden of proof in establishing the guilt of suspects or accused persons is on the prosecution . this is without prejudice to any ex officio fact finding powers of the trial court . ### member states shall ensure that the burden of proof in establishing the guilt of suspects or accused persons is on the prosecution . where a civil action is pursued during the criminal trial , the burden of proof shall be on the civil party , except in cases where the victim does not have capacity . this is without prejudice to any ex officio fact finding powers of the trial court .


### member states shall ensure that suspects or accused persons have the right to remain silent when questioned , by the police or other law enforcement or judicial authorities , in relation to the offence that they are suspected or accused of having committed . ### member states shall ensure that suspects or accused persons have the right , throughout the criminal proceedings , to remain silent when questioned , by the police or other law enforcement or judicial authorities , in relation to the offence that they are suspected or accused of having committed .


### member states shall promptly inform the suspect or accused persons of their right to remain silent , and explain the content of this right and the consequences of renouncing or invoking it . ### member states shall promptly inform the suspect or accused persons , in a language which they understand , of their right to remain silent , and shall explain the content of this right and the consequences of renouncing or invoking it .


### does not request a retrial or appeal within a reasonable time frame . ### does not request a retrial or lodge an appeal within the time limit for appeal set by law .


### 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 . unless explicitly excluded from the scope of application of the code , electronic communications networks and services are covered by this code . also , 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 .


### certain electronic communications services under this directive could also fulfil the definition of ‘ information society service’ in article 1 of directive 2015 / 1535 of the european parliament and of the council of 9 september 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services . the provisions governing information society services apply to those electronic communications services to the extent that there are not more specific provisions applicable to electronic communications services in this directive or in other union acts . however , electronic communications services such as voice telephony , messaging services and electronic mail services are covered by this directive . the same undertaking , for example an internet service provider , can offer both an electronic communications service , such as access to the internet , and services not covered under this directive , such as the provision of web - based and not communications - related content . ### certain electronic communications services under this directive could also fulfil the definition of ‘ information society service’ in article 1 of directive 2015 / 1535 of the european parliament and of the council of 9 september 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services . the provisions governing information society services apply to those electronic communications services to the extent that there are not more specific provisions applicable to electronic communications services in this directive or in other union acts . however , electronic communications services such as voice telephony , messaging services and electronic mail services are covered by this directive . the same undertaking , for example an internet service provider , can offer both an electronic communications service , such as access to the internet , and services not covered under this directive , such as the provision of web - based and not communications - related content and other vertically integrated services including machine - to - machine .


### 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 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 ' allows including transmission services 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 do not 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 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 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 and information collected by the supplier . 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 monetises 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 .


### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . under exceptional circumstances , a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services . an example for such an exception could be , in principle , a communication channel in online games , depending on the features of the communication facility of the service . ### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which usually do not meet those requirements , such as linear broadcasting , video on demand , websites , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . with regard to services such as social networks which possibly include electronic communication services besides other services , this directive shall only apply to the included electronic communication services . under exceptional circumstances , a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service , the communication element is of limited functionality compared to interpersonal communication services available in the market , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services . in these exceptional cases the provider should demonstrate that the communication element is fulfilling the above criteria . an example for such an exception could be , in principle , a communication channel in online games , depending on the features of the communication facility of the service .


### 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 , of internet access services and of number - based 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 .


### specific obligations which may be imposed on providers of electronic communications networks and electronic communications services other than number - independent interpersonal communications services in accordance with union law by virtue of their significant market power as defined in this directive should be imposed separately from the general rights and obligations under the general authorisation . ### specific obligations which may be imposed on providers of electronic communications networks , of internet access services and of number - based interpersonal communications services in accordance with union law by virtue of their significant market power as defined in this directive should be imposed separately from the general rights and obligations under the general authorisation .


### the availability of transparent , up - to - date and comparable information on offers and services is a key element for consumers in competitive markets where several providers offer services . end - users should be able to easily compare the prices of various services offered on the market based on information published in an easily accessible form . in order to allow them to make price and service comparisons easily , national regulatory authorities should be able to require from undertakings providing electronic communications networks and / or electronic communications services other than number - independent interpersonal communications services greater transparency as regards information . any such requirements should take due account of the characteristics of those networks or services . they should also ensure that third parties have the right to use , without charge , publicly available information published by such undertakings , in view of providing comparison tools . ### the availability of transparent , up - to - date and comparable information on offers and services is a key element for consumers in competitive markets where several providers offer services . consumers should be able to easily compare the prices of various services offered on the market based on information published in an easily accessible form . in order to allow them to make price and service comparisons easily , national regulatory authorities should be able to require from undertakings providing electronic communications networks and / or internet access service or interpersonal communication services greater transparency as regards information . any such requirements should take due account of the characteristics of those networks or services . they should also ensure that third parties have the right to use , without charge , publicly available information published by such undertakings , in view of providing comparison tools .


### independent comparison tools should be operationally independent from providers of publicly available electronic communications services . they can be operated by private undertakings , or by or on behalf of competent authorities , however they should be operated in accordance with specified quality criteria including the requirement to provide details of their owners , provide accurate and up - to - date information , state the time of the last update , set out clear , objective criteria on which the comparison will be based and include a broad range of offers on publicly available electronic communications services other than number - independent interpersonal communications services , covering a significant part of the market . member states should be able to determine how often comparison tools are required to review and update the information they provide to end - users , taking into account the frequency with which providers of publicly available electronic communications services other than number - independent interpersonal communications services , generally update their tariff and quality information . where there is only one tool in a member state and that tool ceases to operate or ceases to comply with the quality criteria , the member state should ensure that end - users have access within a reasonable time to another comparison tool at national level . ### independent comparison tools should be operationally independent from providers of publicly available electronic communications services . they can be operated by private undertakings , or by or on behalf of competent authorities , however they should be operated in accordance with specified quality criteria including the requirement to provide details of their owners , provide accurate and up - to - date information , state the time of the last update , set out clear , objective criteria on which the comparison will be based and include a broad range of offers on publicly available internet access service and interpersonal communication services , covering a significant part of the market . member states should be able to determine how often comparison tools are required to review and update the information they provide to end - users , taking into account the frequency with which providers of publicly available internet access service and interpersonal communication services , generally update their tariff and quality information . where there is only one tool in a member state and that tool ceases to operate or ceases to comply with the quality criteria , the member state should ensure that end - users have access within a reasonable time to another comparison tool at national level .


### member states should ensure that undertakings providing end - users with number - based interpersonal communications services provide reliable and accurate access to emergency services , taking into account national specifications and criteria . where the number - based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service , the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate psap with the same reliability . for such network - independent undertakings , namely undertakings which are not integrated with a public communications network provider , providing caller location information may not always be technically feasible . member states should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network - independent providers of number - based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services . ### member states should ensure that undertakings providing end - users with number - based interpersonal communications services provide reliable and accurate access to emergency services , taking into account national specifications and criteria and the capabilities of national psaps . where the number - based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service , the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate psap with the same reliability . for such network - independent undertakings , namely undertakings which are not integrated with a public communications network provider , providing caller location information may not always be technically feasible . member states should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network - independent providers of number - based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision . where such standards and the related psap systems have not yet been implemented , network - independent number - based interpersonal communications services should not be required to provide access to emergency services except in a manner that is technically feasible or economically viable . as an example , this may include the designation by a member state of a single , central psap for receiving emergency communications .


### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . ### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for consumers with disabilities , such as videotext , subtitling , audio description and sign language .


### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ; it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service ; ### ' interpersonal communications service ' means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the person initiating or participating in the communication determine its recipient . it is the nature of such a service that it is bidirectional . it does not include services which enable interpersonal and interactive communication only as a minor ancillary feature .


### voice communications’ means a 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 ; ### voice communications ' means 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 telephone numbering plan ;


### the provision of electronic communications networks or the provision of electronic communications services other than number - independent interpersonal communications services may , without prejudice to the specific obligations referred to in article 13 or rights of use referred to in articles 46 and 88 , only be subject to a general authorisation . ### the provision of electronic communications networks or the provision of electronic communications services may , without prejudice to the specific obligations referred to in article 13 or rights of use referred to in articles 46 and 88 , only be subject to a general authorisation .


### where information is considered confidential by a national regulatory or other competent authority in accordance with union and national rules on business confidentiality or the protection of personal data , the commission , berec and the authorities concerned shall ensure such confidentiality . in accordance with the principle of sincere cooperation , national regulatory authorities and other competent authorities shall not deny the provision of the requested information to the commission , to berec or to another authority on the grounds of confidentiality or the need to consult with the parties which provided the information . when the commission , berec or a competent authority undertake to respect the confidentiality of information identified as such by the authority holding it , the latter shall share the information on request for the identified purpose without having to further consult the parties who provided the information . ### where information is considered confidential by a national regulatory or other competent authority in accordance with union and national rules on business confidentiality or the protection of personal data , the commission , berec and the authorities concerned shall ensure such confidentiality . in accordance with the principle of sincere cooperation , national regulatory authorities and other competent authorities shall not deny the provision of the requested information to the commission , to berec or to another authority on the grounds of confidentiality or the need to consult with the parties which provided the information . when confidential information is shared with the commission , berec or a competent authority via the national regulatory authority , the latter shall promptly inform the undertakings whose information is shared thereof . this will include at least what information has been shared with whom and when .


### member states shall ensure that consumers have access to transparent , non - discriminatory , simple , fast , fair and inexpensive out - of - court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number - independent interpersonal communications services , arising under this directive and relating to the contractual conditions and / or performance of contracts concerning the supply of those networks and / or services . member states shall enable the national regulatory authority to act as a dispute settlement entity . such procedures shall comply with the quality requirements set out in chapter ii of directive 2013 / 11 / eu . member states may grant access to such procedures to other end - users , in particular micro and small enterprises . ### member states shall ensure that consumers have access to transparent , non - discriminatory , simple , fast , fair and inexpensive out - of - court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number - independent interpersonal communications services , arising under this directive and relating to the contractual conditions and / or performance of contracts concerning the supply of those networks and / or services . member states shall enable the competent national regulatory authority to act as a dispute settlement entity and shall ensure that the same dispute cannot be ruled on by two different competent authorities . such procedures shall comply with the quality requirements set out in chapter ii of directive 2013 / 11 / eu .


### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services . having regard to the state of the art , these measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services . ### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services . having regard to the state of the art , these baseline measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services . for the purpose of this article , services which otherwise qualify as publicly available electronic communication services but that also meet the definition of digital service provider under directive 2016 / 1148 should be subject solely to directive 2016 / 1148 .


### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services . having regard to the state of the art , these measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services . ### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of their networks and services . having regard to the state of the art , these measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services .


### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a breach of security that has had a significant impact on the operation of networks or services . ### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a security incident that has had a significant impact on the operation of networks or services . providers of number - independent interpersonal communications services and providers of electronic communication services subject to general authorization that have notified as cross - border operators shall only have to notify the competent authority of the member state of their main establishment .


### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a breach of security that has had a significant impact on the operation of networks or services . ### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a breach of security that has had a significant impact on the operation of networks or services and thus a high impact on economic and societal activities .


### the number of users affected by the breach ; ### the number of customers affected by the breach ;


### where appropriate , the competent authority concerned shall inform the competent authorities in other member states and the european network and information security agency . the competent authority concerned may inform the public or require the undertakings to do so , where it determines that disclosure of the breach is in the public interest . ### where appropriate , the authority concerned shall inform the competent authorities in other member states and the european network and information security agency . the competent authority concerned may inform the public or require the undertakings to do so , where it determines that disclosure of the incident is in the public interest . prior to informing the public , the competent authority is required to consult the undertakings .


### submit to a security audit carried out by a qualified independent body or a competent authority and make the results thereof available to the competent authority . the cost of the audit shall be paid by the undertaking . ### submit to a security audit carried out by an internal or qualified external body and make the results thereof available to the competent authority . the cost of the audit shall be paid by the undertaking .


### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed . ### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of internet access , number - based interpersonal communications services and of electronic communication networks , , exercising their responsibility in a way that promotes efficiency , sustainable competition , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed . they shall ensure that interoperability obligations remain proportionate and do not hinder the innovation potential of ecs providers that invest in the development of new technologies .


### in justified cases and to the extent that is necessary , obligations on those undertakings that are subject to general authorisation and that control access to end - users to make their services interoperable ; ### in justified cases and to the extent that is necessary , obligations to make services that connect with the publicly switched telephone network by means of an assigned numbering resource or that enable communication with a number or numbers in national or international telephone numbering plans interoperable ;


### in justified cases , obligations on providers of number - independent interpersonal communications services to make their services interoperable , namely where access to emergency services or end - to - end connectivity between end - users is endangered due to a lack of interoperability between interpersonal communications services . ### in justified cases , obligations on providers of interpersonal communications services to make their services interoperable , in particular where access to emergency services or end - to - end connectivity between end - users is endangered due to a lack of interoperability between interpersonal communications services .


### where the commission , on the basis of a report that it had requested from berec , has found an appreciable threat to effective access to emergency services or to end - to - end connectivity between end - users within one or several member states or throughout the european union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed , in accordance with the examination procedure referred to in article 110 . ### where the commission , on the basis of a report that it had requested from berec , has found an appreciable threat to effective access to emergency services or to end - to - end connectivity between end - users , related to a lack of interoperability of number - independent interpersonal communication services with a particularly broad customer base , within one or several member states or throughout the european union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed , in accordance with the examination procedure referred to in article 110 . access to emergency services or end - to - end connectivity between end - users will not be considered endangered if the provider does not have a particularly substantial reach or customer base .


### after consulting stakeholders and in close cooperation with the commission , berec may adopt a decision identifying transnational markets in accordance with the principles of competition law and taking utmost account of the recommendation and smp guidelines adopted in accordance with article 62 . berec shall conduct an analysis of a potential transnational market if the commission or at least two national regulatory authorities concerned submit a reasoned request providing supporting evidence . ### after consulting stakeholders and national regulatory authorities the commission may , taking utmost into account the opinion of berec and proceeding in accordance with the principles of competition law and taking utmost account of the recommendation and smp guidelines adopted in accordance with article 62 , adopt a decision identifying a transnational market .


### in the case of transnational markets identified in accordance with paragraph 1 , the national regulatory authorities concerned shall jointly conduct the market analysis taking the utmost account of the smp guidelines and , in a concerted fashion , shall decide on any imposition , maintenance , amendment or withdrawal of regulatory obligations referred to in article 65 . the national regulatory authorities concerned shall jointly notify to the commission with their draft measures regarding the market analysis and any regulatory obligations pursuant to articles 32 and 33 . ### in the case of transnational markets identified in the decision referred to in paragraph 1 , the national regulatory authorities concerned shall jointly conduct the market analysis taking the utmost account of the smp guidelines and , in a concerted fashion , shall decide on any imposition , maintenance , amendment or withdrawal of regulatory obligations referred to in article 65 . the national regulatory authorities concerned shall jointly notify to the commission with their draft measures regarding the market analysis and any regulatory obligations pursuant to articles 32 and 33 .


### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available functional internet access and voice communications services at the quality specified in their territory , including the underlying connection , at least at a fixed location . ### member states shall ensure that all consumers in their territory have access at an affordable price , in the light of specific national conditions , to available functional internet access and voice communications services at the quality specified in their territory , including the underlying connection , at a fixed location .


### before a consumer is bound by a contract or any corresponding offer , providers of publicly available electronic communications services other than number - independent interpersonal communications services , shall provide the information required pursuant to articles 5 and 6 of directive 2011 / 83 / eu , irrespective of the amount of any payment to be made , and the following information in a clear and comprehensible manner : ### before a consumer is bound by a contract or any corresponding offer , providers of internet access services and publicly available interpersonal communication services , where applicable , shall provide the information required pursuant to articles 5 and 6 of directive 2011 / 83 / eu , irrespective of the amount of any payment to be made , and the kind of remuneration . the contract specifies the following information in a clear and comprehensible manner :


### as part of the information on price : ### as part of the information on remuneration :


### - any constraints on access to emergency services and / or caller location information due to a lack of technical feasibility ; ### - for publicly available interpersonal communications services only , any constraints on access to emergency services and / or caller location information due to a lack of technical feasibility ;


### by [ entry into force + 12 months ] , berec shall issue a decision on a contract summary template , which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2 . those main elements shall include at least complete information on : ### until [ entry into force + 12 months ] , providers of electronic communication services shall develop and agree with national regulatory authorities a contract summary template , which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2 . those main elements shall include information on :


### providers subject to the obligations under paragraphs 1 - 4 shall duly complete this contract summary template with the required information and provide it to consumers , and micro and small enterprises , prior to the conclusion of the contract . the contract summary shall become an integral part of the contract . ### providers subject to the obligations under paragraphs 1 - 4 shall duly complete this contract summary template with the required information and provide it to consumers , prior to the conclusion of the contract and for distance contracts without undue delay after contract conclusion including making it available by electronic means . the contract summary shall become an integral part of the contract .


### providers of internet access services and providers of publicly available number - based interpersonal communications services shall offer end - users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption . this facility shall include access to timely information on the level of consumption of services included in a tariff plan . ### providers of internet access services shall offer consumers the facility to monitor the usage of those services which is billed on the basis of either time or volume consumption . this facility shall include access to timely information on the level of consumption of services included in a tariff plan .


### comparison tools fulfilling the requirements in points to shall , upon request , be certified by national regulatory authorities . third parties shall have a right to use , free of charge , the information published by undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , for the purposes of making available such independent comparison tools . ### comparison tools fulfilling the requirements in points to shall , upon request , be certified by national regulatory authorities . third parties shall have a right to use , free of charge , the information published by undertakings providing publicly available internet access services and interpersonal communication services , for the purposes of making available such independent comparison tools .


### member states may require that the undertakings providing internet access services or publicly available number - based interpersonal communications services distribute public interest information free of charge to existing and new end - users , where appropriate , by the same means as those they ordinarily use in their communications with end - users . in such a case , that public interest information shall be provided by the relevant public authorities in a standardised format and shall , inter alia , cover the following topics : ### member states may require that both , national authorities and the undertakings , providing internet access services or publicly available interpersonal communications services distribute public interest information free of charge to existing and new end - users , where appropriate , by the same means as those they ordinarily use in their communications with end - users . in such a case , that public interest information shall be provided by the relevant public authorities in a standardised format and shall , inter alia , cover the following topics :


### the most common uses of internet access services and publicly available number - based interpersonal communications services to engage in unlawful activities or to disseminate harmful content , particularly where it may prejudice respect for the rights and freedoms of others , including infringements of copyright and related rights , and their legal consequences ; and ### the most common uses of internet access services and publicly available interpersonal communications services to engage in unlawful activities or to disseminate harmful content , particularly where it may prejudice respect for the rights and freedoms of others , including infringements of copyright and related rights , and their legal consequences ; and


### member states shall ensure that all end - users of the service referred to in paragraph 2 , including users of public pay telephones , are able to access the emergency services through emergency communications free of charge and without having to use any means of payment , by using the single european emergency number ' 112 ' and any national emergency number specified by member states . ### member states shall ensure that all end - users of the service referred to in paragraph 2 , including users of public pay telephones , where available , are able to call the emergency voice services through emergency voice communications free of charge and without having to use any means of payment , by using the single european emergency number ' 112 ' and any national emergency number specified by member states .


### member states , in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall ensure that undertakings providing end - users with number - based interpersonal communications service provide access to emergency services through emergency communications to the most appropriate psap . in case of an appreciable threat to effective access to emergency services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in article 59 . ### member states , in consultation with national regulatory authorities , emergency services and providers of electronic communications services , shall ensure that undertakings providing end - users with number - based interpersonal communications service for originating communications to a number in a national telephone numbering plan provide access to emergency services through emergency communications to the most appropriate psap to the extent such emergency communications can reasonably be provided using location information that is available to number - based interpersonal communications service providers and in a manner that is consistent with the member state ' s existing emergency calling infrastructure .


### member states , in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall ensure that undertakings providing end - users with number - based interpersonal communications service provide access to emergency services through emergency communications to the most appropriate psap . in case of an appreciable threat to effective access to emergency services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in article 59 . ### member states , in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall conduct all necessary preparations and ensure that undertakings providing end - users with publicly available number - based interpersonal communications service provide access to voice emergency services through emergency voice communications to the most appropriate psap . in case of an appreciable threat to effective access to emergency voice services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in article 59 .


### member states shall ensure that all emergency communications to the single european emergency number ‘ 112’ are appropriately answered and handled in the manner best suited to the national organisation of emergency systems . such emergency communications shall be answered and handled at least as expeditiously and effectively as emergency communications to the national emergency number or numbers , where these continue to be in use . ### member states shall ensure that all voice calls to the single european emergency number ' 112 ' are appropriately answered and handled in the manner best suited to the national organisation of emergency systems . such calls shall be answered and handled at least as expeditiously and effectively as calls to the national emergency number or numbers , where these continue to be in use .


### member states shall ensure that access for disabled end - users to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services through emergency communications whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . ### member states shall ensure that access for disabled end - users to emergency services is available through calls and is equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39


### member states shall ensure that caller location information is available to the psap without delay after the emergency communication is set up . member states shall ensure that the establishment and the transmission of the caller location information are free of charge for the end - user and to the authority handling the emergency communication with regard to all emergency communications to the single european emergency number ‘ 112’ . member states may extend that obligation to cover emergency communications to national emergency numbers . competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided . ### member states shall ensure that caller location information is available to the most appropriate psap without delay after the call is set up . member states shall ensure that the establishment and the transmission of the caller location information are free of charge for the end - user and to the authority handling the call with regard to all calls to the single european emergency number ' 112 ' . member states may extend that obligation to cover calls to national emergency numbers . competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided .


### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for disabled end - users and routing to the most appropriate psap . ### in order to ensure effective access to voice emergency services through calls to ' 112 ' services in the member states , the commission , shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of voice emergency communications in the union with regard to caller location solutions , access for disabled end - users and routing to the most appropriate psap .