### in his report to the commission 22 , pascal lamy , the chairman of the high - level group on the future use of the 470 - 790 mhz frequency band , recommended that the 700 mhz frequency band be made available for wireless broadband by 2020 . this would help achieve the goal of long - term regulatory predictability for dtt in having access to the sub - 700 mhz frequency band until 2030 , although this would have to be reviewed by 2025 . the lamy report also recommended national flexibility in spectrum use of the sub - 700 mhz frequency band , which is limited to downlink - only . downlink - only is the restriction of all transmissions in a wireless system , independent of its technology , to unidirectional transmission from central infrastructure stations such as a tv broadcasting tower or a mobile base station to portable or mobile terminals such as tv sets or mobile phones . __________________ 22 report by mr pascal lamy , available at : https : / / ec . europa . eu / digital - agenda / en / news / report - results - work - high - level - group - future - use - uhf - band . ### in his report to the commission 22 , pascal lamy , the chairman of the high - level group on the future use of the 470 - 790 mhz frequency band , recommended that the 700 mhz frequency band be made available for wireless broadband by 2020 . this would help achieve the goal of long - term regulatory predictability for dtt in having access to the sub - 700 mhz frequency band until 2030 , although this would have to be reviewed by 2025 . the lamy report also recommended studying flexibility in spectrum use of the sub - 700 mhz frequency band , which is limited to downlink - only . downlink - only is the restriction of all transmissions in a wireless system , independent of its technology , to unidirectional transmission from central infrastructure stations such as a tv broadcasting tower or a mobile base station to portable or mobile terminals such as tv sets or mobile phones . __________________ 22 report by mr pascal lamy , available at : https : / / ec . europa . eu / digital - agenda / en / news / report - results - work - high - level - group - future - use - uhf - band .


### 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 .


### 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 .


### only where it concerns the need to address urgencies and crisis situations that could arise within the mandate period and which are recognised as union external policy priorities , the ceiling for reallocation between the regions by the eib in the course of the mandate should be increased from 10 % to 20 % . the private sector mandate of eur 2 300 000 000 and the amount of eur 1 400 000 000 dedicated to public sector projects cannot be reallocated because its purpose is to address root causes of migration . ### only where it concerns the need to address urgencies and crisis situations that could arise within the mandate period and which are recognised as union external policy priorities , the ceiling for reallocation between the regions by the eib in the course of the mandate should be increased from 10 % to 20 % . the private sector mandate of eur 2 300 000 000 and the amount of eur 1 400 000 000 dedicated to public sector projects under the eib resilience initiative should be absorbed completely for its purpose and should not be reallocated .


### neighbourhood and partnership countries : eur 18 374 000 000 , broken down into the following sub - ceilings : ### neighbourhood and partnership countries : eur 24 137 000 000 , broken down into the following sub - ceilings :


### 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 .


### the international community faces an unprecedented refugee crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing processes and programmes in order to support initiatives which contribute to addressing root causes of migration . ### the international community faces an unprecedented migration and refugee crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing processes and programmes in order to support initiatives which contribute to addressing root causes of migration and building the resilience of transit and host communities .


### over the period covered by this decision , the eib should endeavour to sustain the current high level of climate - relevant operations , while the minimum volume of those operations shall represent at least 25 % of the total eib financing operations . ### over the period covered by this decision , the eib should endeavour to sustain a high level of climate - relevant operations , the volume of which shall represent at least 25 % of the total eib financing operations outside the union , gradually increasing that target to at least 35 % by 2020 .


### 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 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 , the paris agreement adopted under the united nations framework convention on climate change and the objectives pursued by the other financing instruments for external action .


### “ 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 ; ”“ ### in article 12 , point is replaced by the following : “ 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 , as well as publish relevant information related to individual projects under this decision , including the results measurement sheets , taking into account the protection of confidential and commercially sensitive information ; ”


### in its financing operations , the eib shall apply the principles and standards set out in union law on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , including a requirement to take reasonable measures to identify the beneficial owners where applicable . ### in article 13 the second subparagraph is replaced by the following : ' in its financing operations , the eib shall apply the principles and standards set out in union law on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , including through the introduction of country - by - country reporting , public registers of beneficial ownership and a blacklist of non - compliant tax jurisdictions . the eib shall regularly report to the european parliament on the implementation of its non - compliant jurisdiction policy . '


### addressing root causes of migration should be added as a new objective of the mandate . ### addressing the root causes of migration and the needs of transit and host communities should be added as a new objective of the mandate .


### ' an assessment of the contribution of eib financing operations to the fulfilment of union external policy and strategic objectives , taking into account the regional technical operational guidelines referred to in article 5 ; ' ### point is replaced by the following : ' an assessment of the contribution of eib financing operations to the fulfilment of union external policy and strategic objectives and of their coherence with other union policies . the commission shall , in cooperation with the european external action service , establish a framework and methodology for annual reporting by the eib on its operations covered by the community guarantee and their compliance with the general principles guiding union external action as referred in article 21 teu . the key objective of this reporting is to monitor the compliance of the eib with teu obligations and the article 21 provisions , including respect and promotion of human rights , eradication of poverty , and the management of environmental risks . this methodology shall be developed by the commission and the eeas during the first year following the entry into force of this amending decision and will build on reporting on human rights compliance by the eib , as requested by the eu strategic framework and action plan for human rights . based on the annual reporting from the eib , the commission shall produce each year for the european parliament its own evaluation of the information provided by the eib and suggest eventual changes in the policies and procedures followed by the bank for adoption by the member states after taking into account the opinion of the parliament on them . eventual recommendations by the european commission and the european parliament on how to improve eib reporting to this end shall be reflected during the updating of the regional technical operational guidelines . '


### addressing root causes of migration should be added as a new objective of the mandate . ### addressing root causes of migration and building resilience of transit and host communities should be added as a new objective of the mandate and should be pursued in full compliance with article 21 of the treaty on european union . the eib should carry out thorough due diligence and project monitoring in order to ensure compliance and it should maintain a complaints mechanism accessible to all stakeholders . the compliance with article 21 teu , including on the respect of human rights , the eradication of poverty and the management of environmental risks , should be assessed by the commission in its annual reporting .


### asia and latin america : eur 3 785 000 000 , broken down into the following sub - ceilings : ### asia and latin america : eur 4 192 000 000 , broken down into the following sub - ceilings :


### eastern europe , southern caucasus and russia : eur 6 008 000 000 ; ### eastern europe , southern caucasus and russia : eur 9 538 000 000 ;


### a maximum amount of eur 30 000 000 000 under a general mandate , of which an amount of up to eur 1 400 000 000 is earmarked for projects in the public sector directed to refugees and host communities ; ### a maximum amount of eur&#160 ; 36&#160 ; 170&#160 ; 000&#160 ; 000 under a general mandate , of which an amount of up to eur&#160 ; 1&#160 ; 400&#160 ; 000&#160 ; 000 is earmarked for projects in the public sector directed to addressing the root causes of migration and the needs of transit and host communities ;


### 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 ; ’


### asia : eur 1 040 000 000 ; ### asia : eur 1 510 000 000 ;


### central asia : eur 202 000 000 ; ### central asia : eur 402 000 000 ;


### ' 6 . eib financing operations supporting the general objective set out in point of paragraph 1 shall support investment projects predominantly in the areas of transport , energy , environmental infrastructure , information and communication technology , health and education . this includes production and integration of energy from renewable sources , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , sustainable energy security and energy infrastructure , including for gas production and transportation to union energy market , as well as electrification of rural areas , environmental infrastructure such as water and sanitation and green infrastructure , telecommunications and broadband network infrastructure . ' ### in article 3 , paragraph 6 is replaced by the following : ' 6 . eib financing operations supporting the general objective set out in point of paragraph 1 shall support investment projects predominantly in the areas of transport , energy , environmental infrastructure , information and communication technology , health and education . this includes production and integration of energy from renewable sources , energy efficiency measures , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , sustainable energy security and energy infrastructure , as well as electrification of rural areas , environmental infrastructure such as water and sanitation and green infrastructure , telecommunications and broadband network infrastructure . '


### only where it concerns the need to address urgencies and crisis situations that could arise within the mandate period and which are recognised as union external policy priorities , the ceiling for reallocation between the regions by the eib in the course of the mandate should be increased from 10 % to 20 % . the private sector mandate of eur 2 300 000 000 and the amount of eur 1 400 000 000 dedicated to public sector projects cannot be reallocated because its purpose is to address root causes of migration . ### only where it concerns the need to address urgencies and crisis situations that could arise within the mandate period and which are recognised as union external policy priorities , the ceiling for reallocation between the regions by the eib in the course of the mandate should be increased from 10 % to 20 % . the eib should notify the european parliament of any reallocation decision by providing a justification report and an impact assessment . the private sector mandate of eur 2 300 000 000 and the amount of eur 1 400 000 000 dedicated to public sector projects under the eib resilience initiative should be absorbed completely for its purpose and should not be reallocated .


### 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 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 inclusive and sustainable development , wealth creation and to the achievement of the sustainable development goals . 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 .


### 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 .


### by establishing minimum rules on the protection of procedural rights of suspects or accused persons , this directive should strengthen the trust of member states in the criminal justice systems of other member states and can thus help to facilitate mutual recognition of decisions in criminal matters . such common minimum rules should also remove obstacles to the free movement of citizens throughout the territory of the member states . ### by establishing minimum rules on the protection of procedural rights of suspects or accused persons , this directive should strengthen the trust of member states in the criminal justice systems of other member states and can thus help to facilitate mutual recognition of decisions in criminal matters . such common minimum rules could have an impact on removing obstacles to the free movement of citizens throughout the territory of the member states .


### any evidence obtained in breach of this article shall not be admissible , unless the use of such evidence would not prejudice the overall fairness of the proceedings . ### any evidence obtained in breach of this article shall not be admissible .


### 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 .


### this directive applies to natural persons suspected or accused in criminal proceedings until the final conclusion of those proceedings . ### this directive applies to natural persons suspected or accused in criminal proceedings until the final conclusion of those proceedings or until proceedings have been definitively wound up by the criminal investigation authorities or a final judgment handed down by the courts , as the case may be .


### member states shall ensure that suspects or accused persons are presumed innocent until proven guilty according to law . ### member states shall ensure that suspects or accused persons are presumed innocent until proven guilty through a final sentence handed down in criminal proceedings .


### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number - independent interpersonal communications services , unless the proposed changes are exclusively to the benefit of the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end - user at the time of concluding the contract . ### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services , unless the proposed changes are not detrimental for the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and by the same means as the provider ordinarily uses in its communications with consumers .


### member states shall ensure that in order to implement article 40 , the competent authorities have the power to issue binding instructions , including those regarding the measures required to remedy a breach and time - limits for implementation , to undertakings providing public communications networks or publicly available electronic communications services . ### member states shall ensure that in order to implement article 40 , the competent authorities have the power to issue binding instructions , including those regarding the measures required to remedy a breach and time - limits for implementation , to undertakings providing public communications networks or publicly available electronic communications services . for providers of number - independent interpersonal communications services and providers of electronic communication services subject to general authorization that have notified as cross - border operators , the competent authority shall be that of the member state of main establishment .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and television broadcast channels and the related complementary accessibility services that enable appropriate access for disabled end - users on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . member states who impose ' must carry ' obligations may also impose reasonable ' must offer ' entitlements as regards specified radio and television broadcast channels of general interest on undertakings under their jurisdiction holding the relevant rights . ' must carry ' obligations referred to in the first subparagraph shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end - users based on the end - user ' s nationality or place of residence unless such differences are objectively justified . ### providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end - users based on the end - user ' s nationality , place of residence or temporary location unless such differences are objectively justified .


### 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 .


### 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 :


### where a contract or national law provides for a fixed duration contract to be automatically prolonged , the member state shall ensure that , after the expiration of the initial period and unless the consumer has explicitly agreed to the extension of the contract , consumers are entitled to terminate the contract at any time with a one - month notice period and without incurring any costs except the cost of providing the service during the notice period . ### where a contract or national law provides for a fixed duration contract to be automatically prolonged , the member state shall ensure that , after the expiration of the initial period and unless the consumer has explicitly agreed to the extension when concluding the contract , consumers are entitled to terminate the contract effective by the end of the prolongation period with a one - month notice period . providers shall inform the consumer in a prominent way and by the same means as those normally used in their communications with consumers about the end of the initial contract duration reasonably before the contract is automatically prolonged .


### national regulatory authorities shall ensure that the information referred to in annex viii is published in a clear , comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number - independent interpersonal communications services , or by the national regulatory authority itself . national regulatory authorities may specify additional requirements regarding the form in which such information is to be published . ### national regulatory authorities shall ensure that the information referred to in articles 95 and 95 is published in a clear , comprehensive and easily accessible form by the undertakings providing internet access service and interpersonal communication services or by the national regulatory authority itself . national regulatory authorities may specify additional requirements regarding the form in which such information is to be published .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks and services use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### 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 .


### national regulatory authorities may require providers of internet access services and of publicly available number - based interpersonal communications services to publish comprehensive , comparable , reliable , user - friendly and up - to - date information for end - users on the quality of their services and on measures taken to ensure equivalence in access for disabled end - users . that information shall , on request , be supplied to the national regulatory authority in advance of its publication . ### national regulatory authorities may require providers of publicly available interpersonal communications services to publish comprehensive , comparable , reliable , user - friendly and up - to - date information for end - users on the quality of their services and on measures taken to ensure equivalence in access for disabled end - users . that information shall , on request , be supplied to the national regulatory authority in advance of its publication . measures of providers of publicly available interpersonal communications services to ensure quality of service shall respect net neutrality and shall be taken on a best effort basis .


### 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 publicly available internet access services , interpersonal number based communications services and , where applicable , number - independent interpersonal communications services shall provide the information required pursuant to articles 5 and 6 of directive 2011 / 83 / eu , and the following information , to the extent such information pertains to a service they provide and over which they have full control , in a clear and comprehensible manner :


### if a bundle of services or a bundle of services and goods offered to an end - user comprises at least a publicly available electronic communications service other than number - independent interpersonal communications services , articles 95 , 96 , 98 and 99 shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end - user . ### if a bundle of services or a bundle of services and terminal equipment offered to consumers comprises a publicly available internet access service or interpersonal communications service , articles 98 and the information requirements listed in points to of article 95 shall apply mutatis mutandis to all elements of the bundle .


### 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 .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and audiovisual media services and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and obligations enabling access for end - users to connected tv services and to the specified services on electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or audiovisual media services to the public where a significant number of end - users of such networks use them to receive radio and audiovisual media services . member states may impose reasonable ' must offer ' entitlements , in respect of specified radio and audiovisual media services of general interest , to the benefit of undertakings subject to must - carry obligations under their jurisdiction . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### 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 psap without delay after the emergency communication is set up . this shall include both network - based location information and if available , handset - derived caller location information . 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 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 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 , taking account of the need to provide a multilingual answering service for such calls . 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 .


### ' 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 where the principal purpose of the service is devoted to enabling 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 ;


### 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 at a level comparable to that required of other providers of such communications services . this may include the designation by a member state of a single psap for receiving such emergency communications . where such standards and the related psap systems have not yet been implemented , network - independent number - based interpersonal communications services should inform end - users when access to emergency services and caller location information is not available .


### national regulatory authorities shall ensure that end - users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs , and the quality of service performance of different publicly available electronic communications services other than number - independent interpersonal communications services . ### national regulatory authorities shall ensure that end - users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs , and the quality of service performance of different publicly available internet access services and interpersonal communication services .


### 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 .


### if a bundle of services or a bundle of services and goods offered to an end - user comprises at least a publicly available electronic communications service other than number - independent interpersonal communications services , articles 95 , 96 , 98 and 99 shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end - user . ### if a bundle of services or a bundle of services and terminal equipment offered to an end - user comprises an internet access service , articles 95 , 96 , and 98 shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end - user .


### ' 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 persons initiating or participating in the communication determine its recipient ; it includes services which enable interpersonal and interactive communication even as an ancillary feature that is intrinsically linked to another service ;


### any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number - independent interpersonal communications services shall not re - start the contract period of the initial contract unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re - started . ### any subscription to additional services or goods provided or distributed by the same provider of publicly available communications services shall not re - start the initial contract period unless the consumer and provider have explicitly and legally agreed to it .


### 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 .


### 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 ;


### 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 psap without delay after the emergency communication is set up . this shall include both network - based location information and if available , handset - derived caller location information . 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 .


### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number - independent interpersonal communications services , unless the proposed changes are exclusively to the benefit of the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end - user at the time of concluding the contract . ### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services , unless the proposed changes are not detrimental for the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and by the same means as the provider ordinarily uses in its communications with consumers .


### the commission , shall be empowered to adopt delegated acts in accordance with article 109 with a view to specifying the measures referred to in paragraphs 1 and 2 , including measures defining the circumstances , format and procedures applicable to notification requirements . the delegated acts shall be based on european and international standards to the greatest extent possible , and shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2 . ### the commission , shall be empowered to adopt delegated acts in accordance with article 109 with a view to specifying the measures referred to in paragraphs 1 and 2 , including measures defining the circumstances , format and procedures applicable to notification requirements . the delegated acts shall be based on european and international standards to the greatest extent possible , member states shall only adopt additional requirements to the extent necessary to safeguard their essential state functions , in particular national security , and to maintain law and order . 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 comply with any additional national requirements as imposed by the competent authority of the member state of their main establishment .


### national regulatory authorities shall ensure that the information referred to in annex viii is published in a clear , comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number - independent interpersonal communications services , or by the national regulatory authority itself . national regulatory authorities may specify additional requirements regarding the form in which such information is to be published . ### national regulatory authorities shall ensure that the information referred to in annex viii is published in a clear , comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services , or by the national regulatory authority itself . national regulatory authorities may specify additional requirements regarding the form in which such information is to be published .


### 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 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 and of private electronic communication networks , are able to access the emergency services , or , where applicable , the internal 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 .


### 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 .


### any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number - independent interpersonal communications services shall not re - start the contract period of the initial contract unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re - started . ### any subscription to additional services or terminal equipment provided or distributed by the same provider of an internet access service shall not extend the term of the initial contract unless explicitly agreed otherwise when subscribing to the additional services or terminal equipment .


### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks . where remuneration is provided for , member states shall ensure that it is applied in a proportionate and transparent manner . ### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks and services . if remuneration is provided for , which member states shall regulate in national law , such remuneration is applied in a proportionate and transparent manner .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and television broadcast channels and the related complementary accessibility services that enable appropriate access for disabled end - users on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . member states who impose ' must carry ' obligations may also impose reasonable ' must offer ' entitlements as regards specified radio and television broadcast channels of general interest on undertakings under their jurisdiction holding the relevant rights . ' must carry ' obligations referred to in the first subparagraph shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### 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 . ### electronic communications networks and services 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 and services 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 .


### 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 and providers of publicly available number - based interpersonal communications services shall offer consumers 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 .


### where an early termination of a contract on a publicly available electronic communications service by the end - user is possible in accordance with this directive , other provisions of union law or national law , no compensation shall be due by the end - user other than for the pro rata temporis value of subsidised equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such at the moment of the contract conclusion . any restriction on the usage of terminal equipment on other networks shall be lifted , free of charge , by the provider at the latest upon payment of such compensation . ### where an early termination of a contract on a publicly available electronic communications service by the end - user is possible in accordance with this directive , other provisions of union law or national law , no compensation shall be due by the end - user other than for the pro rata temporis value of subsidised equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such at the moment of the contract conclusion including price advantages granted only in case of commitment to longer term contract durations . any restriction on the usage of terminal equipment on other networks shall be lifted , free of charge , by the provider at the latest upon payment of such compensation .


### where a contract or national law provides for a fixed duration contract to be automatically prolonged , the member state shall ensure that , after the expiration of the initial period and unless the consumer has explicitly agreed to the extension of the contract , consumers are entitled to terminate the contract at any time with a one - month notice period and without incurring any costs except the cost of providing the service during the notice period . ### where a contract or national law provides for a fixed duration contract to be automatically prolonged , the member state shall ensure that , after the expiration of the initial period and unless the consumer has explicitly agreed to the extension when concluding the contract , consumers are entitled to terminate the contract effective by the end of the prolongation period with a one - month notice period . providers shall inform the consumer in a prominent way and by the same means as those normally used in their communications with consumers about the end of the initial contract duration reasonably before the contract is automatically prolonged .


### 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 :


### member states shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory . to that end , the functional internet access service shall be capable of supporting the minimum set of services set out in annex v . ### berec , in close cooperation with the european commission , shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services which are indispensable to ensure social and economic participation in society . to that end , the functional internet access service shall be capable of supporting services set out by berec in close cooperation with the european commission , taking into account national specifics .


### 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 .


### 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 :


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations for the transmission of radio and television broadcast channels of general interest , which have a specifically high importance for the individual and public formation of opinions , and accessibility services to enable appropriate access for disabled consumers , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number - independent interpersonal communications services , unless the proposed changes are exclusively to the benefit of the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end - user at the time of concluding the contract . ### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services , unless the proposed changes are not detrimental for the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and by the same means as the provider ordinarily uses in its communications with consumers .


### member states may , in the light of national conditions , ensure that support is provided to low - income or special social needs end - users in view of ensuring affordability of functional internet access and voice communications services at least at a fixed location . ### member states may , in the light of national conditions , ensure that support is provided to low - income or special social needs end - users in view of ensuring affordability of functional internet access and voice communications services at a fixed location .


### providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end - users based on the end - user ' s nationality or place of residence unless such differences are objectively justified . ### providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end - users based on the end - user ' s nationality , place of residence or temporary location unless such differences are objectively justified .


### the chairmanship shall be held by the member state holding the presidency of the council of the european union , provided that it is fully bound under union law by the legislative instruments governing the ecris and which will participate in the ecris - tcn system . if this requirement is not met , the chairmanship shall be held by the member state which shall next hold the presidency and which meets that requirement . ### the chairmanship shall be held by a member state that is fully bound under union law by the legislative instruments governing the ecris and which will participate in the ecris - tcn system .


### prior to the design and development phase , a programme management board composed of a maximum of ten members shall be established by the management board of eu - lisa . it shall be composed of eight representatives appointed by the management board , the chair of the ecris - tcn system advisory group referred to in article 36 and one member appointed by the commission . the members appointed by the management board shall be elected only from those member states which are fully bound under union law by the legislative instruments governing the ecris and which will participate in the ecris - tcn system . the management board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of it systems supporting judicial and criminal records authorities . the programme management board shall meet at least once every three months , and more often when necessary . it shall ensure the adequate management of the design and development phase of the ecris - tcn system . the programme management board shall submit written reports every month to eu - lisa’s management board on progress of the project . it shall have no decision - making power nor any mandate to represent the members of the management board . ### prior to the design and development phase , a programme management board composed of a maximum of ten members shall be established by the management board of eu - lisa . it shall be composed of seven representatives appointed by the management board , the chair of the ecris - tcn system advisory group referred to in article 36 , one member appointed by the commission and one member appointed by the european data protection supervisor . the members appointed by the management board shall be elected only from those member states which are fully bound under union law by the legislative instruments governing the ecris and which will participate in the ecris - tcn system . the management board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of it systems supporting judicial and criminal records authorities . the programme management board shall meet at least once every three months , and more often when necessary . it shall ensure the adequate management of the design and development phase of the ecris - tcn system . the programme management board shall submit written reports every month to eu - lisa’s management board on progress of the project . it shall have no decision - making power nor any mandate to represent the members of the management board .


### prior to the design and development phase , a programme management board composed of a maximum of ten members shall be established by the management board of eu - lisa . it shall be composed of eight representatives appointed by the management board , the chair of the ecris - tcn system advisory group referred to in article 36 and one member appointed by the commission . the members appointed by the management board shall be elected only from those member states which are fully bound under union law by the legislative instruments governing the ecris and which will participate in the ecris - tcn system . the management board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of it systems supporting judicial and criminal records authorities . the programme management board shall meet at least once every three months , and more often when necessary . it shall ensure the adequate management of the design and development phase of the ecris - tcn system . the programme management board shall submit written reports every month to eu - lisa’s management board on progress of the project . it shall have no decision - making power nor any mandate to represent the members of the management board . ### prior to the design and development phase , a programme management board composed of a maximum of ten members shall be established by the management board of eu - lisa . it shall be composed of seven representatives appointed by the management board from among its members or their alternates , the chair of the ecris - tcn system advisory group referred to in article 36 , a member representing eu - lisa appointed by its executive director and one member appointed by the commission . the members appointed by the management board shall be elected only from those member states which are fully bound under union law by the legislative instruments governing the ecris and which will participate in the ecris - tcn system . the management board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of it systems supporting judicial and criminal records authorities . the programme management board shall meet at least once every three months , and more often when necessary . it shall ensure the adequate management of the design and development phase of the ecris - tcn system . the programme management board shall submit written reports every month to eu - lisa’s management board on progress of the project . it shall have no decision - making power nor any mandate to represent the members of the management board .


### during the design and development phase , the ecris - tcn system advisory group referred to in article 36 shall be composed of the national ecris - tcn system project managers . during the design and development phase it shall meet at least once a month until the start of operations of the ecris - tcn system . it shall report after each meeting to the management board of eu - lisa . it shall provide the technical expertise to support the tasks of the management board and shall follow - up on the state of preparation of the member states . ### during the design and development phase , the ecris - tcn system advisory group referred to in article 36 shall be composed of the national ecris - tcn system project managers and chaired by eu - lisa . during the design and development phase it shall meet at least once a month until the start of operations of the ecris - tcn system . it shall report after each meeting to the management board of eu - lisa . it shall provide the technical expertise to support the tasks of the management board and shall follow - up on the state of preparation of the member states .


### eu - lisa shall develop and implement the ecris - tcn system before [ two years after the entry into force of this regulation ] and following the adoption by the commission of the measures provided for in article 10 . ### eu - lisa shall develop and implement the ecris - tcn system as soon as possible after the entry into force of this regulation and the adoption by the commission of the measures provided for in article 10 .


### member states shall take the necessary measures to ensure that any use of data entered in the ecris - tcn system in contravention of this regulation is punishable by penalties in accordance with national law , that are effective , proportionate and dissuasive . ### member states shall take the necessary measures to ensure that any use of data entered in the ecris - tcn system in contravention of this regulation is punishable by penalties in accordance with national law , article 84 of regulation 2016 / 679 and article 57 of directive 2016 / 680 , that are effective , proportionate and dissuasive .


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the export country with the appropriate supportive documents and evidence , in particular , export certificates or export licences , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay .


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an electronic importer statement to the customs authorities of the first member state of entry .


### where member states restrict the number of customs offices competent to release cultural goods for free circulation or to place them under a special procedure other than transit , they shall communicate the details of those customs offices as well as any changes in that respect to the commission . ### where member states restrict the number of customs offices competent to import cultural goods , they shall communicate the details of those customs offices as well as any changes in that respect to the commission .


### ' source country ' means the country in the current territory of which the cultural goods were created or discovered ; ### ' source country ' means the country in the current territory of which the cultural goods were created or discovered , or the country that has such a close tie with the cultural goods that it views these goods as its cultural heritage and protects them as such , meaning it legally regulates their export ;


### with regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the union , the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of article 5 and corresponds to the goods presented . for that purpose , they may require additional information from the declarant and physically examine the cultural goods , including by conducting an expertise . they shall register the importer statement by attributing to it a serial number and a registration date and , upon release of the goods , provide the declarant with a copy of the registered importer statement . ### with regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the union , the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of article 5 and corresponds to the goods presented . for that purpose , they may require additional information from the declarant and physically examine the cultural goods by conducting an expertise . the importer statement registered electronically shall be attributed a serial number and a registration date and , upon release of the goods , the declarant will be provided with a copy of the registered importer statement .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , the templates for import licence applications and forms , as well as for importer statements and their accompanying documents , as well as further procedural rules on their submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , which should be done while guaranteeing minimum conservation conditions , having due regard to the specific nature of the goods . those modalities should also apply to the electronic standardised templates for import licence applications and forms , as well as for electronic importer statements and their accompanying documents , as well as to further procedural rules on their electronic submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### the competent authority has reasonable grounds to believe that the holder of the goods did not acquire them lawfully . ### the competent authority has reasonable grounds to affirm that the holder of the goods did not acquire them lawfully .