### the investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this regulation for each investment product it produces and shall publish the document on a website of its choice before the investment product can be sold to retail investors . ### the investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this regulation for each investment product it produces and shall publish the key information document on its website before the investment product can be sold to retail investors . the key information document shall be completed by the person selling the investment product where relevant .


### under a section titled ‘ what are the costs ? ’ , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs ; ### under a section titled ‘ costs and charges ? ’ , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including a summary indicator of these costs in monetary terms , and a statement that the retail investor should ask the person selling the investment product for further information about the costs , including any additional costs charged by the person selling not shown in the key information document and a statement that the tax legislation of the investor ' s home member state may have an impact on the return of the investment ;


### this document provides you with key information about this investment product . it is not marketing material . the information is required by law to help you understand the nature of this investment product and the risks of investing in it . you are advised to read it so that you can take an informed decision about whether to invest . ### this document provides you with key information about this investment product . it is not marketing material . the information is required by law to help you understand the nature of this investment product and the risks and opportunities of investing in it , as well as the costs associated to it , including the potential fees paid to your intermediaries . you are advised to read it to help you compare different investment products . this document does not represent a purchasing recommendation . you may need to read other documents so you can take an informed decision about whether to invest .


### under a section titled ‘ what are the risks and what might i get back ? ’ , the risk and reward profile of the investment product , including a summary indicator of this profile and warnings in relation to any specific risks that may not be fully reflected in the summary indicator ; ### under a section titled ' risk and reward profile ' , the risk and reward profile of the investment product , including a narrative description of the relevant risks consistently with those provided by the offer documents , if any ;


### when a retail investor demonstrates a loss resulting from the use of the information contained in the key information document , the investment product manufacturer has to prove that the key information document has been drawn up in compliance with articles 6 , 7 and 8 of this regulation . ### member states shall ensure that a person does not incur civil liability solely on the basis of the key investor information , including any translation thereof , unless it is misleading , inaccurate or inconsistent with the relevant parts of the offer documentation . key investor information shall contain a clear warning to that effect .


### pension products for which a financial contribution from the employer is required by national law and where the employee has no choice as to the pension product provider . ### pension products meeting both the following conditions : - not falling under the scope of the directive 2009 / 138 / ec or under the directive 2003 / 41 / ec ; and - for which the level of retirement provision is in practice a promise or an offer by the employer to the employee . for pension products which do not fall under the directive 2009 / 138 / ec or the directive 2003 / 41 / ec or under this regulation , member states shall provide equivalent disclosure requirements .


### so that the retail investor is able to take an informed investment decision , persons selling investment products should be required to provide the key information document in good time before any transaction is concluded . this requirement should generally apply irrespective of where or how the transaction takes place . persons selling include both distributors and the investment product manufacturer themselves where they choose to sell the product directly to retail investors . to ensure necessary flexibility and proportionality , retail investors who wish to conclude a transaction using a means of distance communication should be able to receive the key information document after the conclusion of the transaction . even in this case the key information document would be useful for the investor , for instance to allow the investor to compare the product purchased with that described in the key information document . this regulation is without prejudice to the directive 2002 / 65 / ec of the european parliament and the council . ### so that the retail investor is able to take an informed investment decision , persons selling investment products should be required to provide the key information document in good time before any transaction is concluded . this requirement should generally apply irrespective of where or how the transaction takes place . persons selling include both distributors and the investment product manufacturer themselves where they choose to sell the product directly to retail investors . to ensure necessary flexibility and proportionality , retail investors who wish to conclude a transaction using a means of distance communication should be able to receive the key information document after the conclusion of the transaction provided that the key information document has been provided on another durable medium before the conclusion of the transaction . this regulation is without prejudice to the directive 2002 / 65 / ec of the european parliament and the council .


### where investment product manufacturers subject to this regulation are also subject to directive 2003 / 71 / ec , this regulation and directive 2003 / 71 / ec shall both apply . ### the key information document drawn up in accordance with the requirements laid down in this regulation shall be regarded as compliant with the requirements laid down in article 24 of regulation n . 809 / 2004 as amended by regulation n . 486 / 2012 and in article 17 , 18 and 19 of directive 2003 / 71 / ec , as amended by directive 2010 / 73 / ec .


### a person selling an investment product to retail investors shall provide them with the key information document in good time before the conclusion of a transaction relating to the investment product . ### a person advising on or selling an investment product to retail investors shall provide them with the key information document in good time before the conclusion of a transaction relating to the investment product . where a product is recommended to a client , the key information document shall be provided without delay .


### key information documents are the foundation for investment decisions by retail investors . for this reason , investment product manufacturers have an important responsibility towards retail investors in ensuring that they comply with the rules of this regulation . it is therefore important to ensure that retail investors who relied on a key investor document for their investment decision have an effective right of redress . it should also be ensured that all retail investors across the union have the same right to seek compensation for damages they may suffer due to failures on the part of investment product manufacturers in complying with the requirements set out in this regulation . therefore , rules regarding the liability of the investment product manufacturers should be harmonised . this regulation should establish that the retail investor should be able to hold the product manufacturer liable for an infringement of this regulation in case a loss is caused through the use of the key information document . ### key information documents are the foundation for investment decisions by retail investors . for this reason , investment product manufacturers have an important responsibility towards retail investors in ensuring that they comply with the rules of this regulation . it is therefore important to ensure that retail investors who relied on a key investor document for their investment decision have an effective right of redress . it should also be ensured that all retail investors across the union have the same right to seek compensation for damages they may suffer due to failures on the part of investment product manufacturers in complying with the requirements set out in this regulation , provided a causal link is established . therefore , rules regarding the liability of the investment product manufacturers should be harmonised .


### pension products for which a financial contribution from the employer is required by national law and where the employee has no choice as to the pension product provider . ### pension products for which the financial arrangements do not fall under the scope of the directive 2003 / 41 / ec or under the directive 2009 / 138 / ec ; and for which the level of retirement provision is in effect a promise or an offer by the employer to the employee . for pension products which do not fall under the directive 2003 / 41 / ec or the directive 2009 / 138 / ec or under this regulation , member states shall provide equivalent disclosure requirements .


### where investment product manufacturers subject to this regulation are also subject to directive 2009 / 138 / ec , this regulation and directive 2009 / 138 / ec shall both apply . ### where investment product manufacturers subject to this regulation are also subject to directive 2009 / 138 / ec , this regulation and directive 2009 / 138 / ec shall both apply . where the requirements of directive 2009 / 138 / ec and of this regulation are equivalent , they shall be deemed to be met if the requirements of this regulation are fulfilled .


### under a section titled ‘ what are the costs ? ’ , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs ; ### under a section titled ' what are the costs ? ' , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs , consistently with those provided by the offer documents , if any ;


### the person selling an investment product shall provide the key information document to the retail investor in one of the following media : ### the person advising on or selling an investment product shall provide the key information document to the retail investor in one of the following media that are accessible for the retail investor concerned :


### in light of the eib ' s long - standing expertise and as the major financier of infrastructure projects and given its nature as the eu financial body established by the treaty , the commission should involve the eib in the implementation of this pilot phase . the specific terms and conditions of the co - operation including risk - sharing and remuneration of the eib , should be laid down in an agreement between the commission and the eib . ### in light of the eib ' s long - standing expertise and as the major financier of infrastructure projects and given its nature as the eu financial body established by the treaty , the commission should involve the eib in the implementation of this pilot phase . the specific terms and conditions of the co - operation including risk - sharing and remuneration of the eib , should be laid down in an agreement between the commission and the eib and the rules on the introduction of the loan guarantee instrument laid down in article 6 and the annex of regulation no 680 / 2007 of the european parliament and of the council of 20 june 2007 laying down general rules for the granting of community financial aid in the field of the trans - european transport and energy networks1 . the commission should inform the european parliament and the council of the wording of the agreement without delay . ____________ 1 oj l 162 , 22 . 6 . 2007 , p . 1 .


### in order to implement the pilot phase of the europe 2020 project bond initiative , decision no 1639 / 2006 / ec and regulation no 680 / 2007 should be amended . this pilot phase aims to support infrastructure projects with commercial potential in the transport , energy and ict sectors , while after 2013 the initiative may be extended to other sectors . ### in order to implement the pilot phase of the europe 2020 project bond initiative , decision no 1639 / 2006 / ec and regulation no 680 / 2007 should be amended . this pilot phase aims to support infrastructure projects with commercial potential in the transport , energy and ict sectors .


### the detailed terms and conditions for implementing the risk - sharing instrument for project bonds , including its monitoring and control , shall be laid down in a delegation agreement between the commission and the eib . ### the detailed terms and conditions for implementing the risk - sharing instrument for project bonds , including its monitoring and control , shall be laid down in a delegation agreement between the commission and the eib and disclosed to the council and the european parliament . risk assessment by the eib shall be guaranteed in accordance with the banking directives .


### supporting a multimodal single european transport area by investing in the trans - european transport network network ; ### supporting a multimodal and interoperable single european transport area by investing in the trans - european transport network network ;


### developing comprehensive , high quality and interoperable railway system ; ### promoting optimum traffic development through the introduction of intelligent transport systems ;


### developing environment - friendly and low - carbon transport systems and promoting sustainable urban mobility ; ### developing environment - friendly , intelligent and interoperable transport systems which are safer , more efficient and generate low carbon emissions and promoting sustainable urban mobility


### at least 80% of the total erdf resources at national level shall be allocated to the thematic objectives set out in points 1 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] ; ### at least 80% of the total erdf resources at national level shall be allocated to up to three of the thematic objectives set out in article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] ;


### enhancing regional mobility through connecting secondary and tertiary nodes to ten - t infrastructure ; ### enhancing regional mobility through the interconnection of secondary and tertiary nodes and networks with ten - t infrastructure ;


### promoting entrepreneurship , in particular by facilitating the economic exploitation of new ideas and fostering the creation of new firms ; ### promoting entrepreneurship , in particular by facilitating the economic exploitation of new ideas and fostering the creation of new firms in areas which are fundamental to european growth and competitiveness , in particular tourism and related sectors ;


### promoting sustainable transport and removing bottlenecks in key network infrastructures : ### promoting sustainable transport , removing bottlenecks in key network infrastructures and closing gaps in cross - border routes , with a view to guaranteeing efficient comodality :


### investments in infrastructure providing basic services to citizens in the areas of energy , environment , transport , and information and communication technologies ; ### investments in infrastructure providing basic services to citizens in the areas of energy , environment , sustainable tourism and transport , and information and communication technologies ;


### enhancing regional mobility through connecting secondary and tertiary nodes to ten - t infrastructure ; ### enhancing regional mobility through connecting secondary and tertiary nodes to ten - t infrastructure and by investing in regional airports ;


### supporting a multimodal single european transport area by investing in the trans - european transport network network ; ### supporting a multimodal single european transport area by investing in the trans - european transport network network , giving particular attention to ' last mile ' links ;


### in order to identify or test new solutions to issues relating to sustainable urban development which are of relevance at union level , the erdf should support innovative actions in the field of sustainable urban development . ### in order to identify or test new solutions to issues relating to sustainable urban development which are of relevance at union level , the erdf should support innovative actions in the field of sustainable urban development , placing the emphasis , in particular , on environmentally sound transport , intermodality and sustainable mobility between towns and cities and peri - urban and rural areas .


### at least 20% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] ; ### at least 20% of the total erdf resources at national level for the above mentioned regions shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] ;


### at least 50% of the total erdf resources at national level shall be allocated to the thematic objectives set in out in point 1 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] . ### at least 50% of the total erdf resources at national level shall be allocated to the thematic objectives set out in points 1 , 3 , 4 and 7 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] .


### at least 50% of the total erdf resources at national level shall be allocated to the thematic objectives set in out in point 1 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] . ### at least 50% of the total erdf resources at national level shall be allocated to the thematic objectives set out in points 1 , 3 , 4 and 7 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] ;


### the commission shall be empowered to adopt delegated acts in accordance with article 68 for the purpose of adapting the list of related financial audit services referred to in paragraph 2 and the list of non - audit services referred to in paragraph 3 of this article . when using such powers , the commission shall take into account developments in auditing and the audit profession . ### member states are allowed to include additional prohibited services in the list of prohibited services in paragraph 3 , based on national requirements or laws .


### by way of derogation from paragraphs 1 and 2 , on an exceptional basis the public - interest entity may request the competent authority referred to in article 35 to grant an extension to re - appoint the statutory auditor or audit firm for an additional engagement . in case of appointment of two statutory auditors or audit firms , this third engagement shall not exceed three years . in case of appointment of one statutory auditor or audit firm , this third engagement shall not exceed two years . ### by way of derogation from paragraphs 1 and 2 , on an exceptional basis the public - interest entity may request the competent authority referred to in article 35 to grant an extension to re - appoint the statutory auditor or audit firm for an additional engagement . in the event of appointment of at least two statutory auditors or audit firms , this third engagement shall not exceed three years . in the event of appointment of one statutory auditor or audit firm , this third engagement shall not exceed two years .


### where a statutory auditor or audit firm is replaced by another statutory auditor or audit firm , the former statutory auditor or audit firm shall provide the incoming statutory auditor or audit firm with a handover file . such file shall include relevant information concerning the audited entity as may reasonably be necessary to understand the nature of the business and the internal organisation of the audited entity and to ensure the continuity of the statutory audit and the comparability with the audits carried out in previous years . ### where a statutory auditor or audit firm is replaced by another statutory auditor or audit firm , the former statutory auditor or audit firm shall provide the incoming statutory auditor or audit firm with information as required by law and article 23 of directive 2006 / 43 / ec .


### where the statutory auditor belongs to a network , a member of such network may provide to the audited entity , to its parent undertaking and to its controlled undertakings within the union statutory audit services or related financial audit services . ### where the parent company is not audited by the statutory auditor or an audit firm carrying out statutory audit or a network firm related hereto , the restrictions above to provide prohibited services should not apply .


### the former statutory auditor or audit firm shall also grant access to the incoming statutory auditor or audit firm to the additional reports to the audit committee referred to in article 23 of previous years and to any information transmitted to competent authorities pursuant to articles 25 and 27 . ### the former statutory auditor or audit firm shall also grant access to the incoming statutory auditors or audit firms to the additional reports to the audit committee referred to in article 23 for the previous three years and to any information transmitted to competent authorities pursuant to articles 25 and 27 .


### a statutory auditor or an audit firm carrying out statutory audit of public - interest entities may provide to the audited entity , to its parent undertaking and to its controlled undertakings statutory audit services and related financial audit services . ### a statutory auditor or an audit firm carrying out statutory audit of public - interest entities shall not provide to the audited entity , to its parent undertaking and to its controlled undertakings , to which the audited entity is material , prohibited services as referred to in paragraph 3 . 1a . non - assurance services , not categorised as prohibited services , may be provided subject to pre - approval by the audit committee [ or board of directors , if no audit committee ] . in all circumstances the provision of non - assurance services may not create any threats to the independence of the statutory auditor of the public interest entity .


### if a decision on the levels of fees is brought before the independent supervisory authority in line with paragraph of this article , the procedure laid down in article 6 of directive 2009 / 12 / ec shall apply . ### if a decision on the levels of fees is brought before the independent supervisory authority in line with paragraph of this article , it shall not take effect until the independent supervisory authority has examined the matter . if the independent supervisory authority agrees with the decision by the managing body of the infrastructure on the level of ground - handling fees then the fees may be recouped from the time the initial decision was made .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by limiting or otherwise impairing the flow of internet traffic , e . g . by blocking , slowing down or degrading it or by means of discrimination , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures should not be applied in a manner directed against particular providers’ content or applications or which downgrades particular providers . reasonable traffic management measures shall be transparent , non - discriminatory and proportionate and shall include inter alia the processing of data in order to :


### in the exercise of powers conferred in this section , the commission shall take utmost account of any relevant opinion issued by the radio spectrum policy group established by commission decision 2002 / 622 / ec28 . _______________ 28 commission decision 2002 / 622 / ec of 26 july 2002 establishing a radio spectrum policy group ### in the exercise of powers conferred in this section , the commission shall take utmost account of any relevant opinion issued by the radio spectrum policy group established by commission decision 2002 / 622 / ec28 and of any regulatory best practice , report or advice issued by berec on matters within its competence . ______________ 28 commission decision 2002 / 622 / ec of 26 july 2002 establishing a radio spectrum policy group


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : implement a legislative provision or a court order , or prevent or impede serious crimes ; b ) preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals ; c ) prevent the transmission of unsolicited communications to end - users who have given their prior consent to such restrictive measures ; d ) minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph . ### providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by discriminating against , restricting , or otherwise interfering with the transmission of specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures to prevent or minimise the effects of network congestion , provided that equivalent types of traffic are treated equally , or to implement a court order . such measures shall be set by transparent procedures and they shall not be maintained longer than what is strictly necessary and provide adequate safeguards , in particular to ensure that any restrictions are limited to what is necessary , they are non - discriminatory and proportionate . those safeguards shall include the possibility of judicial redress . reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this article .


### coordination and consistency of rights of use for radio spectrum should be improved , at least for the bands which have been harmonised for wireless fixed , nomadic and mobile broadband communications . this includes the bands identified at itu level for international mobile telecommunications advanced systems , as well as bands used for radio local area networks such as 2 . 4 ghz and 5 ghz . it should also extend to bands that may be harmonised in the future for wireless broadband communications , as envisaged in article 3 of the rspp and in the rspg opinion on ' strategic challenges facing europe in addressing the growing radio spectrum demand for wireless broadband ' adopted on 13 june 2013 , such as , in the near future , the 700 mhz , 1 . 5 ghz and 3 . 8 - 4 . 2 ghz bands . ### coordination and consistency of rights of use for radio spectrum should be improved , at least for the bands which have been harmonised for wireless fixed , nomadic and mobile broadband communications . this includes the bands identified at itu level for international mobile telecommunications advanced systems , as well as bands used for radio local area networks such as 2 . 4 ghz and 5 ghz . it should also extend to bands that may be harmonised in the future for wireless broadband communications , as envisaged in article 3 of the rspp and in the rspg opinion on ' strategic challenges facing europe in addressing the growing radio spectrum demand for wireless broadband ' adopted on 13 june 2013 , such as , in the near future , the 700 mhz and 1 . 5 ghz bands .


### in order to ensure a coherent implementation of paragraph 1 throughout the union and in particular to enable the synchronised availability of wireless services within the union , the commission may , by way of implementing acts : ### in order to ensure a coherent implementation of paragraph 1 throughout the union and in particular to enable the synchronised availability of wireless services within the union , the commission shall , by way of implementing acts to be adopted within one year from the date of entry into force of this regulation :


### ensuring wide territorial coverage of high - speed wireless broadband networks and a high level of penetration and consumption of related services . ### ensuring efficient use of spectrum to meet the increasing demand for high - speed wireless broadband networks , at the same time taking account of the public interest and the social , cultural and economic value of spectrum as a whole .


### end - users shall also be free to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . ### providers of electronic communications to the public or providers of content , applications and services may provide specialised services to a limited user group , access to which is controlled , through a closed electronic communications network . specialised services may not be marketed or used as an internet substitute or provide content , applications or services functionally identical to those of the open internet . where such agreements are concluded with the provider of internet access services , that provider shall ensure , in accordance with the principle of net neutrality , that the performance , affordability or quality of open internet access services is not restricted .


### the first subparagraph is replaced by the following : ' 2 . with effect from 1 july 2013 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 24 per minute for any call made or eur 0 , 07 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 19 on 1 july 2014 . as of 1 july 2014 , roaming providers shall not levy any charge on their roaming customers for calls received , without prejudice to measures taken to prevent anomalous or fraudulent usage . without prejudice to article 19 those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2017 . ' ### the first subparagraph is replaced by the following ' 2 . with effect from 1 july 2012 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 29 per minute for any call made or eur 0 , 08 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 24 on 1 july 2013 and to eur 0 , 19 on 1 july 2014 and the maximum retail charge for calls received shall decrease to eur 0 , 07 on 1 july 2013 and to eur 0 , 05 on 1 july 2014 . those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2016 . '


### ‘ article 19 review the commission shall review the functioning of this regulation and , after a public consultation , shall report to the european parliament and the council by 30 june 2016 . the commission shall evaluate in particular whether the objectives of this regulation have been achieved . in so doing , the commission shall review , inter alia : whether competition has sufficiently developed in order to justify the expiry of maximum retail charges ; whether competition will be sufficient for the removal of maximum wholesale charges ; the developments and expected future trends in wholesale and retail charges for the provision to roaming customers of voice , sms and data communication services , in comparison to the charges for mobile communications services at domestic level in the member states , both for pre - paid and post - paid customers separately , and in the quality and speed of these services ; the availability and quality of services including those which are an alternative to voice , sms and data roaming services , in particular in the light of technological developments ; the extent to which consumers have benefited through real reductions in the price of roaming services , the variety of tariffs and products which are available to consumers with different calling patterns , and the difference between roaming and national tariffs , including the availability of offers providing a single tariff for national and roaming services ; the degree of competition in both the retail and wholesale markets , in particular the competitive situation of smaller , independent or newly started operators , including the competition effects of commercial agreements and the degree of interconnection between operators ; the extent to which the implementation of the structural measures provided for in articles 3 and 4 has produced results in developing competition in the internal market for roaming services to the extent that the difference between roaming and national tariffs has approached zero ; the extent to which the level of wholesale and retail maximum charges has provided adequate safeguards against excessive prices for consumers while allowing the development of competition in the internal market for roaming services . 2 . if the report shows that the structural measures provided for by this regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all european consumers or that the differences between roaming tariffs and national tariffs have not approached zero , the commission shall make appropriate proposals to the european parliament and the council to address this situation and thus achieve an internal market for mobile communication services , ultimately with there being no difference between national and roaming tariffs . the commission shall examine , in particular , whether it is necessary : to lay down additional technical and structural measures ; to modify the structural measures ; to extend the duration and possibly revise the level of the maximum retail charges provided for in articles 8 , 10 and 13 ; to change the duration or revise the level of maximum wholesale charges provided for in articles 7 , 9 and 12 ; to introduce any other necessary requirements , including non - differentiation of roaming and national tariffs . 3 . in addition , the commission shall submit a report to the european parliament and the council every two years after the report referred to in paragraph 1 . each report shall include a summary of the monitoring of the provision of roaming services in the union and an assessment of the progress towards achieving the objectives of this regulation , including by reference to the matters referred to in paragraphs 1 and 2 . 4 . in order to assess the competitive developments in the union - wide roaming markets , berec shall regularly collect data from national regulatory authorities on the development of retail and wholesale charges for voice , sms and data roaming services . those data shall be notified to the commission at least twice a year . the commission shall make them public . berec shall also annually collect information from national regulatory authorities on transparency and comparability of different tariffs offered by operators to their customers . the commission shall make those data and findings public . ’ ### article 19 is replaced by the following : ‘ article 19 review the commission shall review the functioning of this regulation and shall report to the european parliament and the council in accordance with paragraphs 2 to 6 . 1a . the commission shall , by 31 september 2015 , after a public consultation , report to the european parliament and the council on whether to change the duration or revise the level of maximum wholesale charges provided for in articles 7 , 9 and 12 . the commission shall also , after consulting berec , make appropriate legislative proposal in order to harmonise mobile termination rates throughout the union by 31 december 2015 . 1b . the commission shall , by 30 june 2016 , after a public consultation , report to the european parliament and the council on , inter alia : whether competition has sufficiently developed in order to justify the expiry of maximum retail charges ; whether competition will be sufficient for the removal of maximum wholesale charges ; the developments and expected future trends in wholesale and retail charges for the provision to roaming customers of voice , sms and data communication services , in comparison to the charges for mobile communications services at domestic level in the member states , both for pre - paid and post - paid customers separately , and in the quality and speed of these services ; the availability and quality of services including those which are an alternative to voice , sms and data roaming services , in particular in the light of technological developments ; the extent to which consumers have benefited through real reductions in the price of roaming services , the variety of tariffs and products which are available to consumers with different calling patterns , and the difference between roaming and national tariffs , including the availability of offers providing a single tariff for national and roaming services ; the degree of competition in both the retail and wholesale markets , in particular the competitive situation of smaller , independent or newly started operators , including the competition effects of commercial agreements and the degree of interconnection between operators ; the extent to which the implementation of the structural measures provided for in articles 3 and 4 has produced results in developing competition in the internal market for roaming services to the extent that the difference between roaming and national tariffs has approached zero ; the extent to which the level of wholesale and retail maximum charges has provided adequate safeguards against excessive prices for consumers while allowing the development of competition in the internal market for roaming services . 2 . if the report referred to in paragraph 2 shows that there is a need to change the duration or revise the level of maximum wholesale charges , the commission shall , by 31 december 2015 , and after consulting berec , make appropriate proposal to the european parliament and the council to address this situation . if the report , referred to in paragraph 3 , shows that the structural measures provided for by this regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all european consumers or that the differences between roaming tariffs and national tariffs have not approached zero , the commission shall , by 31 december 2015 , make appropriate proposals to the european parliament and the council to address this situation and thus achieve an internal market for mobile communication services , ultimately with there being no difference between national and roaming tariffs . 3 . in addition , the commission shall submit a report to the european parliament and the council every two years after the report referred to in paragraph 1 . each report shall include a summary of the monitoring of the provision of roaming services in the union and an assessment of the progress towards achieving the objectives of this regulation , including by reference to the matters referred to in paragraphs 2 and 3 . 4 . in order to assess the competitive developments in the union - wide roaming markets , berec shall regularly collect data from national regulatory authorities on the development of retail and wholesale charges for voice , sms and data roaming services . those data shall be notified to the commission at least twice a year . the commission shall make them public . berec shall also annually collect information from national regulatory authorities on transparency and comparability of different tariffs offered by operators to their customers . the commission shall make those data and findings public . ’


### the commission shall submit reports on the evaluation and review of this regulation to the european parliament and the council at regular intervals . the first report shall be submitted no later than 1 july 2018 . subsequent reports shall be submitted every four years thereafter . the commission shall , if necessary , submit appropriate proposals with a view to amending this regulation , and aligning other legal instruments , taking account in particular of developments in information technology and of the state of progress in the information society . the reports shall be made public . ### the commission shall perform a comprehensive evaluation and review of the entire regulatory framework for electronic communications , and shall submit a report with appropriate proposals to the european parliament and the council by 30 june 2016 in order to allow sufficient time for the legislator to analyse and debate the proposals properly . the review shall be based on a full public consultation as well as on ex - post assessments of the impact of the regulatory framework since 2009 and a thorough ex - ante assessment of the expected impact of the options emanating from the review . the review shall include : the universal service obligation , including the obligation to offer broadband internet access at a fair price ; the competence of national regulatory authorities for all issues , including spectrum , that are addressed by the framework ; the powers granted to the national regulatory authorities in the member states and the scope of the requirement of independence of national regulatory authorities ; cooperation between the national regulatory authorities and national competition authorities ; the symmetric obligations relating to network access ; the rules on leverage effects and joint dominance ; the market review processes ; the impact of services that are fully substitutable to those provided by traditional providers ; including whether clarifications are needed regarding the reach of the regulatory framework’s technological neutrality and regarding the dichotomy between services in the ‘ information society’ bracket and those in the ‘ electronic communications’ bracket ; the necessity of abolishing redundant regulation ; the lifting of regulation where a market analysis has shown the market concerned to be truly competitive ; the experience with non - discrimination obligations and remedies ; the effectiveness and functioning of the procedures established in articles 7 and 7a of directive 2002 / 21 / ec ; the effectiveness and functioning of the procedure established in article 19 of directive 2002 / 21 / ec ; pan - european services and operators , taking into account the possibility for the commision to identify transnational markets under article 15 of directive 2002 / 21 / ec ; identification of transnational markets , initially at least with respect to business services ; enabling providers to notify berec of their intention to serve such markets , and supervision of providers serving such markets by berec ; a single union authorisation and the supervisory structure for the framework as a whole ; active and passive inputs , including assured service quality products ; the recommendation on relevant markets ; the regulation of equipment , including bundling of equipment and operating systems ; the impact of the internet having become a crucial infrastructure for conducting a wide array of economic and social activities ; the main goals of the review shall include : ensuring that fully substitutable services are subject to the same rules , taking into consideration the definition of electronic communications services in article 2 of directive 2002 / 21 / ec ; ensuring that consumers have access to comprehensive and comprehensible information on internet connection speeds , in order to enable them to compare the services offered by different operators ; ensuring that users of digital services are able to control their digital life and data by removing obstacles to switching operating systems without losing their applications and data ; further promoting effective and sustainable competition ; providing a stable and sustainable framework for investment ; ensuring a harmonised , consistent and effective application ; facilitating the development of pan - european providers and the provision of cross - border business services ; ensuring that the regulatory framework is adequate for the digital age and delivers an internet ecosystem that supports the entire economy , and increasing user confidence in the internal market for electronic communications , including through measures to implement the future regulatory framework for the protection of personal data and measures to increase the security of electronic communications in the internal market .


### a european electronic communications provider shall be entitled to equal treatment by the national regulatory authorities of different member states in objectively equivalent situations . ### national regulatory authorities shall treat electronic communications providers equally in comparable situations , irrespective of their member state of establishment .


### the provision of cross - border electronic communications is still subject to greater burdens than those confined to the national borders . in particular , cross - border providers still need to notify and pay fees in individual host member states . holders of a single eu authorisation should be subject to a single notification system in the member state of their main establishment , which will reduce the administrative burden for cross - border operators . the single eu authorisation should apply to any undertaking that provides or intends to provide electronic communications services and networks in more than one member state , thereby entitling it to enjoy the rights attached to the freedom to provide electronic communications services and networks in accordance with this regulation in any member state . a single eu authorisation defining the legal framework applicable to electronic communications operators providing services across member states on the basis of a general authorisation in the home member state should ensure the effectiveness of the freedom to provide electronic communications services and networks in the whole union . ### a certain degree of harmonisation of the general authorisation , involving berec as the recipient of notifications , should further ensure the practical effectiveness of the freedom to provide electronic communications services and networks in the whole union . furthermore , notification is not mandatory in order to benefit from the general authorisation scheme and not all member states require it . as a notification requirement imposes an administrative burden on the operator , member states requiring notification should show that it is justified , in line with union policy on abolishing unnecessary regulatory burdens . the commission should be required to evaluate such requirements and , where appropriate , be empowered to request their removal .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against , restricting specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures or to implement a court order . traffic management measures shall be considered reasonable when they are deployed to more efficiently manage traffic on the network in order to preserve the integrity and security of the network , and more efficiently manage traffic on the network in demonstrated punctual cases of acute congestion , provided equivalent types of traffic are treated equally . these measures shall be transparent , non - discriminatory , and proportionate .


### there is also end - user demand for services and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public or by content , applications or service providers . such services may comprise inter alia broadcasting via internet protocol , video - conferencing and certain health applications . end - users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . ### services and applications delivered with an enhanced level of assured service quality can be offered by providers of electronic communications to the public or by content , applications or service providers . end - users should therefore also be free to conclude agreements on the provision of such specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . where such agreements are concluded with the internet access provider , the provider should ensure that the enhanced quality service does not diminish the general quality of internet access . take - up by end - users and application and commercial service providers of specialised services should thus be on a voluntary and non - discriminatory basis .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### in exercising their powers under article 30a with respect to article 23 , national regulatory authorities shall closely monitor the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology . they shall , in cooperation with other competent national authorities , also monitor the effects on cultural diversity and innovation . national regulatory authorities shall publish reports on an annual basis regarding their monitoring and findings , and provide those reports to the commission and berec .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public should not block , slow down , degrade , discriminate or otherwise interfere with the transmission of internet traffic against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory and they should not be maintained longer than what is strictly necessary . reasonable traffic management encompasses preventing or minimising the effects of network congestion , provided that equivalent types of traffic are treated equally .


### the national competent authorities shall apply the least onerous authorisation system possible for allowing the use of radio spectrum , on the basis of objective , transparent , non - discriminatory and proportionate criteria , in such a way as to maximise flexibility and efficiency in radio spectrum use and to promote comparable conditions throughout the union for integrated multi - territorial investments and operations by european electronic communications providers . ### the national competent authorities shall apply the least onerous authorisation system possible for allowing the use of radio spectrum , on the basis of objective , transparent , non - discriminatory and proportionate criteria , in such a way as to maximise flexibility and efficiency in radio spectrum use and to promote comparable conditions throughout the union for integrated multi - territorial investments and operations by electronic communications providers .


### coordination and consistency of rights of use for radio spectrum should be improved , at least for the bands which have been harmonised for wireless fixed , nomadic and mobile broadband communications . this includes the bands identified at itu level for international mobile telecommunications advanced systems , as well as bands used for radio local area networks such as 2 . 4 ghz and 5 ghz . it should also extend to bands that may be harmonised in the future for wireless broadband communications , as envisaged in article 3 of the rspp and in the rspg opinion on ‘ strategic challenges facing europe in addressing the growing radio spectrum demand for wireless broadband’ adopted on 13 june 2013 , such as , in the near future , the 700 mhz , 1 . 5 ghz and 3 . 8 - 4 . 2 ghz bands . ### coordination and consistency of rights of use for radio spectrum should be improved , at least for the bands which have been harmonised for wireless fixed , nomadic and mobile broadband communications . this includes the bands identified at itu level for international mobile telecommunications advanced systems , as well as bands used for radio local area networks such as 2 . 4 ghz and 5 ghz . it should also extend to bands that may be harmonised in the future for wireless broadband communications , as envisaged in article 3 of the rspp and in the rspg opinion on ' strategic challenges facing europe in addressing the growing radio spectrum demand for wireless broadband ' adopted on 13 june 2013 , such as , in the near future , the 700 mhz and 1 . 5 ghz bands .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . these measures should be shown to comply with the general criteria of relevance , proportionality , efficiency , non - discrimination between parties and transparency , and in accordance with existing laws , including inter alia , privacy and data protection . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to :


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . ### end - users shall be free to access and distribute information and content , run applications and use services and devices of their choice , irrespective of their origin or destination , via their internet access service .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### in accordance with the principle of net neutrality providers of internet access services shall not restrict the rights provided for in paragraph 1 by blocking , slowing down , degrading , altering or discriminating against specific content , applications or services , or specific classes thereof , except in specific cases where it is strictly necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , strictly proportionate , subject to clear , comprehensible and accessible redress mechanisms and necessary to :


### ' internet access service ' means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used ; ### ' internet access service ' means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used . it allows end - users to run any application using an electronic communications network on the basis of the ‘ best effort’ principle ;


### the exercise of the freedoms provided for in paragraphs 1 and 2 shall be facilitated by the provision of complete information in accordance with article 25 , article 26 , and article 27 and . ### end - users as well as content , application , and service providers , including the media and cultural industries and governments at all levels , shall be provided with complete information in accordance with article 20 , article 21 and article 21a of directive 2002 / 22 / ec and article 25 , article 26 , and article 27 and of this regulation , including information on any reasonable traffic management measures applied that might affect access to and distribution of information , content , applications and services as specified in paragraphs 1 and 2 .


### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , 23 testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### radio spectrum is a public good and a finite resource . therefore it is of utmost importance to take account of the social , cultural and economic value of spectrum as a whole . as laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , any additional spectrum for wireless broadband communications should be linked with the review of the use of spectrum in the whole uhf band . according to article 6 , paragraph 5 of the rspp , the commission will report to the european parliament and the council by 1 january 2015 on whether there is a need for action to harmonise additional frequency bands . __________________ 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### where national competent authorities grant rights of use in a harmonised band before the adoption of an implementing act in respect of that band , they shall define the conditions of such grant , and in particular those relative to duration , in such a way that beneficiaries of the rights of use are made aware of the possibility that the commission would adopt implementing acts in accordance with paragraph 2 establishing a minimum duration of such rights or a synchronised expiry or renewal cycle for the union as a whole . this subparagraph shall not apply to the grant of rights of indefinite duration . ### where national competent authorities grant rights of use in a harmonised band before the adoption of an implementing act in respect of that band , they shall define the conditions of such grant , in such a way that beneficiaries of the rights of use are made aware of the possibility that the commission will adopt implementing acts in accordance with paragraph 2 for the union as a whole . this subparagraph shall not apply to the grant of rights of indefinite duration .


### the commission may adopt implementing acts defining uniform conditions for the implementation of the obligations of national competent authorities under this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 . ### berec shall , after consulting stakeholders and in cooperation with the commission , lay down guidelines defining uniform conditions for the implementation of the obligations of national competent authorities under this article .


### freedom to provide and avail of open internet access , and reasonable traffic management ### open internet access , specialised services and reasonable , justified data traffic management


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . there is nothing in current union law preventing agreements for the provision of such transmission services . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public may be necessary for the provision of certain services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore continue to be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not impair the general quality of internet access services .


### the technical characteristics of different available radio spectrum bands , ### the technical characteristics and the current and planned use of different available radio spectrum bands ;


### coordination and consistency of rights of use for radio spectrum should be improved , at least for the bands which have been harmonised for wireless fixed , nomadic and mobile broadband communications . this includes the bands identified at itu level for international mobile telecommunications advanced systems , as well as bands used for radio local area networks such as 2 . 4 ghz and 5 ghz . it should also extend to bands that may be harmonised in the future for wireless broadband communications , as envisaged in article 3 of the rspp and in the rspg opinion on ‘ strategic challenges facing europe in addressing the growing radio spectrum demand for wireless broadband’ adopted on 13 june 2013 , such as , in the near future , the 700 mhz , 1 . 5 ghz and 3 . 8 - 4 . 2 ghz bands . ### coordination and consistency of rights of use for radio spectrum should be improved . this includes the bands identified at itu level for international mobile telecommunications advanced systems , as well as bands used for radio local area networks such as 2 . 4 ghz and 5 ghz . it should also extend to bands that may be harmonised in the future for wireless broadband communications , as envisaged in article 3 of the rspp and in the rspg opinion on ' strategic challenges facing europe in addressing the growing radio spectrum demand for wireless broadband ' adopted on 13 june 2013 , such as , in the near future , the 700 mhz , 1 . 5 ghz and 3 . 8 - 4 . 2 ghz bands .


### implement a legislative provision or a court order , or prevent or impede serious crimes ; ### implement a legislative provision or a court order ;


### article 8 retail charges for regulated roaming calls with effect from 1 july 2013 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 24 per minute for any call made or eur 0 , 07 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 19 on 1 july 2014 . as of 1 july 2014 , roaming providers shall not levy any charge on their roaming customers for calls received , without prejudice to measures taken to prevent anomalous or fraudulent usage . without prejudice to article 19 those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2017 . ### article 8 is replaced by the following : article 8 retail charges for regulated roaming calls with effect from 1 july 2013 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 24 per minute for any call made or eur 0 , 07 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 19 on 1 july 2014 and to eur 0 , 15 on 1 july 2015 and the maximum retail charge for calls received shall decrease to eur 0 , 05 on 1 july 2014 and to eur 0 , 03 on 1 july 2015 . those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2016 . as of 1 july 2016 , roaming providers shall not levy any charge on their roaming customers for calls received , without prejudice to measures taken to prevent anomalous or fraudulent usage .


### in a seamless single market in electronic communications , the freedom to provide electronic communications networks and services to every customer in the union and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders . the current regulatory framework for electronic communications does not fully address such fragmentation , with national , rather than union - wide general authorisation regimes , national spectrum assignment schemes , differences of access products available for electronic communications providers in different member states , and different sets of sector - specific consumer rules applicable . the union rules in many cases merely define a baseline , and are often implemented in diverging ways by the member states . ### the freedom to provide electronic communications networks and services to every customer in the union and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders . the current regulatory framework for electronic communications does not fully address such fragmentation , with diverging national implementation of the general authorisation regime , national spectrum assignment schemes , and different sets of sector - specific consumer rules applicable . for example , while authorisation directive limits the type of information which may be required , 12 member states demand additional detail such as a categorisation of the intended types of activities , the geographical scope of the activity , the targeted market , the company structure , including names of shareholders and of shareholders of shareholders , chamber of commerce certification and a criminal records of the representative of the undertaking . additional requirements such as these underline the importance of a firm policy by the commission regarding infringement procedures .


### in addition , the significant reduction in mobile termination rates throughout the union in the recent past should now allow the elimination of additional roaming charges for incoming calls . ### in order to provide clarity and legal certainty , a date should be set for the final phasing out of retail roaming surcharges which reduction began with regulation no 717 / 2007 . in advance of that final abolition of retail surcharges , the wholesale rates should be further decreased and mobile termination rates should be harmonised , throughout the union , in order to allow for a genuine level playing field for telecom operators .


### citizens and businesses have the right and the possibility to access competitive , secure and reliable electronic communications services , irrespective of where they are provided from in the union , without being hampered by cross - border restrictions or unjustified additional costs . ### facilitate the practical exercise of the right of citizens and businesses to access competitive , secure and reliable electronic communications services , without being hampered by cross - border restrictions or unjustified additional costs ,


### the commission shall submit reports on the evaluation and review of this regulation to the european parliament and the council at regular intervals . the first report shall be submitted no later than 1 july 2018 . subsequent reports shall be submitted every four years thereafter . the commission shall , if necessary , submit appropriate proposals with a view to amending this regulation , and aligning other legal instruments , taking account in particular of developments in information technology and of the state of progress in the information society . the reports shall be made public . ### the commission shall perform a comprehensive evaluation and review of the entire regulatory framework for electronic communications , and shall submit a report with appropriate proposals to the european parliament and the council by 30 june 2016 in order to allow sufficient time for the legislator to analyse and debate the proposals properly . the review shall be based on a full public consultation as well as on ex - post assessments of the impact of the regulatory framework since 2009 and a thorough ex - ante assessment of the expected impact of the options emanating from the review . the review shall include : the universal service obligation , including the obligation to offer broadband internet access at a fair price ; the competence of national regulatory authorities for all issues , including spectrum , that are addressed by the framework ; the powers granted to the national regulatory authorities in the member states and the scope of the requirement of independence of national regulatory authorities ; cooperation between the national regulatory authorities and national competition authorities ; the symmetric obligations relating to network access ; the rules on leverage effects and joint dominance ; the market review processes ; the impact of services that are fully substitutable to those provided by traditional providers ; including whether clarifications are needed regarding the reach of the regulatory framework’s technological neutrality and regarding the dichotomy between services in the ‘ information society’ bracket and those in the ‘ electronic communications’ bracket ; the necessity of abolishing redundant regulation ; the lifting of regulation where a market analysis has shown the market concerned to be truly competitive ; the experience with non - discrimination obligations and remedies ; the effectiveness and functioning of the procedures established in articles 7 and 7a of directive 2002 / 21 / ec ; the effectiveness and functioning of the procedure established in article 19 of directive 2002 / 21 / ec ; pan - european services and operators , taking into account the possibility for the commision to identify transnational markets under article 15 of directive 2002 / 21 / ec ; identification of transnational markets , initially at least with respect to business services ; enabling providers to notify berec of their intention to serve such markets , and supervision of providers serving such markets by berec ; a single union authorisation and the supervisory structure for the framework as a whole ; active and passive inputs , including assured service quality products ; the recommendation on relevant markets ; the regulation of equipment , including bundling of equipment and operating systems ; the impact of the internet having become a crucial infrastructure for conducting a wide array of economic and social activities ; the main goals of the review shall include : ensuring that fully substitutable services are subject to the same rules , taking into consideration the definition of electronic communications services in article 2 of directive 2002 / 21 / ec ; ensuring that consumers have access to comprehensive and comprehensible information on internet connection speeds , in order to enable them to compare the services offered by different operators ; ensuring that users of digital services are able to control their digital life and data by removing obstacles to switching operating systems without losing their applications and data ; further promoting effective and sustainable competition ; providing a stable and sustainable framework for investment ; ensuring a harmonised , consistent and effective application ; facilitating the development of pan - european providers and the provision of cross - border business services ; ensuring that the regulatory framework is adequate for the digital age and delivers an internet ecosystem that supports the entire economy , and increasing user confidence in the internal market for electronic communications , including through measures to implement the future regulatory framework for the protection of personal data and measures to increase the security of electronic communications in the internal market .


### in addition , the significant reduction in mobile termination rates throughout the union in the recent past should now allow the elimination of additional roaming charges for incoming calls . ### in order to provide clarity and legal certainty , a date should be set for the final phasing out of retail roaming surcharges which began with regulation no 717 / 2007 . in addition , the commission should , in advance of that final abolition of retail surcharges , report on any necessary changes to the wholesale rates , taking into account also termination rates throughout the union .


### there is also end - user demand for services and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public or by content , applications or service providers . such services may comprise inter alia broadcasting via internet protocol , video - conferencing and certain health applications . end - users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . ### services and applications delivered with an enhanced level of assured service quality can be offered by providers of electronic communications to the public or by content , applications or service providers . end - users should therefore also be free to conclude agreements on the provision of such specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . where such agreements are concluded with the internet access provider , the provider should ensure that the enhanced quality service does not diminish the general quality of internet access . take - up by end - users and application and commercial service providers of specialised services should thus be on a voluntary and non - discriminatory basis .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be efficient , appropriate , transparent , proportionate and non - discriminatory and in line with existing laws , including , inter alia , data protection . reasonable traffic management encompasses the prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . preserving the integrity and security of the network and minimising the effects of network congestion through traffic management measures should be considered reasonable provided that it occurs only temporarily or in exceptional circumstances and provided that equivalent types of traffic are treated equally .


### end - users shall also be free to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . ### end - users shall also have the right to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . where such agreements are concluded with the provider of internet access services , provider shall ensure that the enhanced quality of service is not to the detriment of the performance , affordability or quality of internet access services , in accordance with the principle of net neutrality .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : implement a legislative provision or a court order , or prevent or impede serious crimes ; b ) preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals ; c ) prevent the transmission of unsolicited communications to end - users who have given their prior consent to such restrictive measures ; d ) minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph . ### providers of internet access services shall specifically not restrict the provisions of paragraph 1 by : - deleting , blocking , slowing down , degrading or discriminating against specific content , applications , services or terminal devices , or specific classes thereof , - prioritising specific content , applications , services or terminal devices , or specific classes thereof , or - concluding special pricing agreements with the end - user which make accessing particular content , applications , services or terminal devices or specific classes thereof seem less economically attractive , except in cases where it is necessary to apply justified and reasonable data traffic management measures . data traffic management measures shall be regarded as justified and reasonable where they : - preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals , or - minimise the effects of proven temporary and exceptional network congestion and manage traffic in the event of such acute network congestion , provided that all content , applications and services are treated in accordance with the best effort principle . they must not be maintained any longer than is strictly necessary . data traffic management measures shall be transparent , non - discriminatory , proportionate , necessary , and subject to clear , comprehensible and accessible redress mechanisms .


### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council23 , testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 23 decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 . 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , while some areas of the union are far advanced , both with respect to the policy goals of the digital agenda for europe and globally , other areas have been lagging behind . in particular , this is due to the fragmentation of the union process for making available spectrum particularly suitable for high speed wireless broadband access , which jeopardises the achievement of those policy goals for the union as a whole . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states having been granted a derogation by the commission or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council23 , testifies to the urgency of action even within the term of the current rspp . it also indicates a need for improvement in the commission ' s exercise of its powers , of crucial importance for the loyal implementation of union measures and sincere cooperation between member states . stringent efforts by the commission to enforce already adopted union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 should , by themselves , contribute substantially to addressing this problem . __________________ 23 decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 . 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .