### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers . ### the purpose of this regulation is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by preventing discrimination based , directly or indirectly , on the nationality or&#160 ; place of residence of consumers .


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### in this manner certain traders resort to practices which artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of consumers and / or undertakings and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial - online and offline - transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind and the responsibilities of traders when selling to consumers in other member states , as set out in this regulation , should bring clarity and legal certainty for all participants in online and offline cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the ip address used when accessing an online interface , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers .


### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 . ### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . simple compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 . specifically , in accordance with articles 3 , 4 and 5 , where a trader acts and does not block or limit access of customers to a version of the online interface , does not redirect customers to a version of the online interface that is different from the online interface which the customer initially sought to access , does not apply different general conditions of access when selling goods or providing services in situations laid down in this regulation , or where the trader acts and accepts payment instruments issued in another member state on a non - discriminatory basis , the trader should not be considered , simply for the above reasons , to be directing his or her activities to the member state where the consumer has the habitual residence or domicile . it is nevertheless necessary to analyse , on a case - by - case basis , whether there are additional elements going beyond simple compliance with the mandatory provisions , and whether this constitutes proof from which it can be concluded that the trader is seeking to directs his or her activities to the member state where the consumer has the habitual residence or domicile .


### discrimination can also occur in relation to services in the field of transport , in particular with respect to the sales of tickets for the transport of passengers . however , in that regard regulation no 1008 / 2008 of the european parliament and of the council18 , regulation no 1177 / 2010 of the european parliament and of the council19 and regulation no 181 / 2011 of the european parliament and of the council20 already contain broad prohibitions of discriminations covering all discriminatory practices that the present regulation seeks to address . furthermore , it is intended that regulation no 1371 / 2007 of the european parliament and of the council21 will be amended to that effect in near future . therefore , and in order to ensure consistency with the scope of application of directive 2006 / 123 / ec , services in the field of transport should remain outside the scope of this regulation . _________________ 18 regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community . 19 regulation no 1177 / 2010 of the european parliament and of the council of 24 november 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending regulation no 2006 / 2004 . 20 regulation no 181 / 2011 of the european parliament and of the council of 16 february 2011 on the rights of passengers in bus and coach transport and amending regulation no 2006 / 2004 . 21 regulation no 1371 / 2007 of the european parliament and of the council of 23 october 2007 on rail passengers’ rights and obligations . ### discrimination occurs in relation to services in the field of transport , in particular with respect to the sales of tickets for the transport of passengers , even though regulation no 1008 / 2008 of the european parliament and of the council18 , regulation no 1177 / 2010 of the european parliament and of the council19 and regulation no 181 / 2011 of the european parliament and of the council20 already contain broad prohibitions of discriminations covering all discriminatory practices that the present regulation seeks to address . furthermore , it is intended that regulation no 1371 / 2007 of the european parliament and of the council21 will be amended to that effect in near future . therefore , services in the field of transport should either , after review of this regulation , be included in the scope of this regulation , or prohibition of discriminations covering all discriminatory practices should be effectively enforced through specific union legislation in that area . _________________ 18 regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community . 19 regulation no 1177 / 2010 of the european parliament and of the council of 24 november 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending regulation no 2006 / 2004 . 20 regulation no 181 / 2011 of the european parliament and of the council of 16 february 2011 on the rights of passengers in bus and coach transport and amending regulation no 2006 / 2004 . 21 regulation no 1371 / 2007 of the european parliament and of the council of 23 october 2007 on rail passengers’ rights and obligations .


### the prohibition set out in paragraph 1 shall not apply in so far as a specific provision laid down in union law or in the laws of member states in accordance with union law prevents the trader from selling the goods or providing the services to certain customers or to customers in certain territories ### the prohibition set out in paragraph 1 shall not apply in so far as a specific provision laid down in union law or in the laws of member states in accordance with union law by preventing the trader from selling the goods or providing the services to certain consumers or to consumers in certain territories .


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of consumers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of a truly integrated internal market and its fostering . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market .


### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . ### in certain cases , blocking , limiting of access or redirection without the consumer ' s consent to an alternative version of an online interface for reasons related to the consumer ' s nationality or place or residence could be justified only if it is necessary to ensure compliance with a legal requirement in union law or in the laws of a member state in accordance with union law . such laws might limit consumers ' access to certain goods or services , for instance by prohibiting the display of specific content in a certain member state . traders should not be prevented from complying with such requirements and thus should be able to block or limit the access or redirect certain consumers or consumers in certain territories to an online interface , insofar as that may be necessary for that reason . in this regard , a consumer should be notified on an online interface about the purpose of blocking , limiting or redirection to an alternative version of an online interface .


### consumers should be in the position to receive assistance from responsible authorities facilitating the resolution of conflicts with traders , arising from the application of this regulation , including by way of a uniform complaint form . ### consumers should be in the position to receive assistance from responsible bodies facilitating the resolution of conflicts with traders , arising from the application of this regulation , including by way of a uniform complaint form .


### with a view to facilitating the effective enforcement of the rules laid down in this regulation , the mechanisms to ensure cross - border cooperation among competent authorities provided for in regulation no 2006 / 2004 of the european parliament and of the council30 should also be available in relation to those rules . however , as regulation no 2006 / 2004 only applies with respect to laws that protect consumers ' interests , those measures should be available only when the customer is a consumer . regulation no 2006 / 2004 should therefore be amended accordingly . _________________ 30 regulation no 2006 / 2004 of the european parliament and of the council of 27 october 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws . ### with a view to facilitating the effective enforcement of the rules laid down in this regulation , the mechanisms to ensure cross - border cooperation among competent authorities provided for in regulation no 2006 / 2004 of the european parliament and of the council30 should also be available in relation to those rules . however , as regulation no 2006 / 2004 only applies with respect to laws that protect consumers ' interests . regulation no 2006 / 2004 should therefore be amended accordingly . _________________ 30 regulation no 2006 / 2004 of the european parliament and of the council of 27 october 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing discrimination based on the place of residence or place of establishment of consumers and / or undertakings , respectively , including geo - blocking , in cross - border - online and offline - commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on the nationality , place of residence or place of establishment of consumers and / or undertakings . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . this regulation should therefore prohibit the blocking of access to websites and other online undertakings , and the rerouting of customers from one country version to another , discrimination against customers in specific cases of the sale of goods and services and the circumventing of that prohibition on discrimination in passive sales agreements .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for consumers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent consumers from having full and equal access to online interfaces on the basis of their nationality or place of residence . access to online interfaces in the form of a mobile application should not be blocked in any possible way for consumers if they prefer to access their chosen online interface through such means and a trader offers such an option in a member state . technological measures that prevent such access can encompass , in particular , any technologies used to determine the physical location of the consumer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with consumers .


### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 . ### this regulation shall be without prejudice to acts of union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 . when a trader is acting in accordance with articles 3 , 4 and 5 of this regulation , it shall not be considered on these grounds alone that he or she is actively directing his or her activities to another member state where the consumer has a place of residence .


### in a number of specific situations , any differences in the treatment of customers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the customers ' nationality , place of residence or place of establishment cannot be objectively justified . in those situations , all such discrimination should be prohibited and customers should consequently be entitled , under the specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality , place of residence or place of establishment . where necessary , traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access . however , the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different member states or certain groups of customers with targeted offers and differing terms and conditions , including through the setting - up of country - specific online interfaces . ### in a number of specific situations , any differences in the treatment of consumers through the application of general conditions of access , including outright refusals to sell goods , accept certain financial transactions that are officially stated by a trader or to provide services , for reasons related to the consumers ' nationality or place of residence cannot be objectively justified . in those situations , all such discrimination should be prohibited and consumers should consequently be entitled , under the specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local consumer and have full and equal access to any of the different goods or services offered irrespective of their nationality or place of residence . where necessary , traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the consumers concerned would be precluded from having such full and equal access .


### member states should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this regulation . member states should also ensure that effective , proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this regulation . ### member states should designate one or more responsible bodies with necessary powers to take effective action to monitor and to ensure compliance with the provision of this regulation . member states should also ensure that effective , proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this regulation .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing discrimination based on consumers ' nationality or place of residence , including geo - blocking , in cross - border commercial transactions between traders and consumers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on consumers ' nationality or place of residence . such other criteria can be applied , in particular , on the basis of information indicating the physical location of consumers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the consumer ' s payment instrument has been issued .


### this regulation should not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . _________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . ### this regulation should be without prejudice to union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader provides access to his or her online interface for consumers from other member states in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . _________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers . ### the purpose of this regulation is to contribute to the proper functioning of the internal market by preventing unjustified discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers and by defining situations where different treatment cannot be justified under article 20 of directive 2006 / 123 / ec . .


### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4 , the trader shall provide a clear justification . that justification shall be given in the language of the online interface that the customer originally sought to access . ### where a trader blocks or limits access of consumers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 3 , the trader shall provide a clear justification and explanation to the consumer . that justification shall be given in the language of the online interface that the customer originally sought to access .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of , inter alia , people , goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by certain private parties putting in place obstacles inconsistent with the principles and freedoms of the internal market . that occurs where certain traders operating in one member state block or limit access to their online interfaces , such as websites and apps , for consumers and / or undertakings from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different restrictive general conditions of access to their goods and services with respect to such consumers and / or undertakings from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons .


### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 . ### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . simple compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 . specifically , in accordance with articles 3 , 4 and 5 , where a trader acts and does not block or limit access of customers to a version of the online interface , does not redirect customers to a version of the online interface that is different from the online interface which the customer initially sought to access , does not apply different general conditions of access when selling goods or providing services in situations laid down in this regulation , or where the trader acts and accepts payment instruments issued in another member state on a non - discriminatory basis , the trader should not be considered , simply for the above reasons , to be directing his or her activities to the member state where the consumer has the habitual residence or domicile . it is nevertheless necessary to analyse , on a case - by - case basis , whether there are additional elements going beyond simple compliance with the mandatory provisions , and whether this constitutes proof from which it can be concluded that the trader is seeking to directs his or her activities to the member state where the consumer has the habitual residence or domicile .


### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality , place of residence or place of establishment of customers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules . ### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality or place of residence of consumers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable consumers to fully benefit from those rules .


### the effects for customers and on the internal market of discriminatory treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the union are the same , regardless of whether a trader is established in a member state or in a third country . therefore , and with a view to ensuring that competing traders are subject to the same requirements in this regard , the measures set out in this regulation should apply equally to all traders operating within the union . ### the effects for consumers and on the internal market of discriminatory treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the union are the same , regardless of whether a trader is established in a member state or in a third country . therefore , and with a view to ensuring that competing traders are subject to the same requirements in this regard , the measures set out in this regulation should apply equally to all traders operating within the union .


### this regulation should not affect the application of the rules on competition , and in particular articles 101 and 102 tfeu . agreements imposing on traders obligations not to engage in passive sales within the meaning of commission regulation no 330 / 201029 to certain customers or to customers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in article 101 tfeu . even when they are not caught by article 101 tfeu , in the context of the application of this regulation , they disrupt the proper functioning of the internal market and they may be used to circumvent the provisions of this regulation . the relevant provisions of such agreements and of other agreements in respect of passive sales requiring the trader to act in violation of this regulation should therefore be automatically void . however , this regulation , and in particular its provisions on access to goods or services , should not affect agreements restricting active sales within the meaning of regulation no 330 / 2010 . _________________ 29 commission regulation no 330 / 2010 of 20 april 2010 on the application of article 101 of the treaty on the functioning of the european union to categories of vertical agreements and concerted practices . ### this regulation should not affect the application of the rules on competition , and in particular articles 101 and 102 tfeu . agreements imposing on traders obligations not to engage in passive sales within the meaning of commission regulation no 330 / 201029 to certain consumers or to consumers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in article 101 tfeu . even when they are not caught by article 101 tfeu , in the context of the application of this regulation , they disrupt the proper functioning of the internal market and they may be used to circumvent the provisions of this regulation . the relevant provisions of such agreements and of other agreements in respect of passive sales requiring the trader to act in violation of this regulation should therefore be automatically void . however , this regulation , and in particular its provisions on access to goods or services , should not affect agreements restricting active sales within the meaning of regulation no 330 / 2010 . _________________ 29 commission regulation no 330 / 2010 of 20 april 2010 on the application of article 101 of the treaty on the functioning of the european union to categories of vertical agreements and concerted practices .


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality or place of residence can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive , but which need to be tackled . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### certain traders operate different versions of their online interfaces , targeting customers from different member states . while this should remain possible , redirecting a customer from one version of the online interface to another version without his or her explicit consent should be prohibited . all versions of the online interface should remain easily accessible to the customer at all times . ### certain traders operate different versions of their online interfaces , targeting customers from different member states . while this should remain possible , redirecting a customer from one version of the online interface to another version without his or her explicit consent should be prohibited . traders should not be compelled to ask for the customer ' s explicit consent each time the customer accesses the same online interface , given that the customer has already been informed of the redirection . once the customer has given his explicit consent , traders should be permitted to store the relevant information obtained with that explicit consent for all the future visits the same customer makes to the same online interface . all versions of the online interface should remain easily accessible to the customer at all times .


### the prohibition set out in paragraph 1 shall not apply in so far as a specific provision laid down in union law or in the laws of member states in accordance with union law prevents the trader from selling the goods or providing the services to certain customers or to customers in certain territories ### the prohibition set out in paragraph 1 shall not apply in so far as a specific provision laid down in union law or in the laws of member states in accordance with union law by preventing the trader from selling the goods or providing the services to certain consumers or to consumers in certain territories .


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the consumer resides and / or where the consuming undertaking is established . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of or established in the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods .


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the consumer resides . in that situation the consumer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar consumers who are residents of the member state of the trader . that may mean that a foreign consumer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , the trader has no obligation to cover any additional costs of the cross - border delivery . furthermore , there is no need to register for value added tax in the member state of the consumer , nor arrange for the cross - border delivery of goods .


### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . ### in certain cases , blocking , limiting of access or redirection without the consumer ' s consent to an alternative version of an online interface for reasons related to the consumer ' s nationality or place or residence could be justified only if it is necessary to ensure compliance with a legal requirement in union law or in the laws of a member state in accordance with union law . such laws might limit consumers ' access to certain goods or services , for instance by prohibiting the display of specific content in a certain member state . traders should not be prevented from complying with such requirements and thus should be able to block or limit the access or redirect certain consumers or consumers in certain territories to an online interface , insofar as that may be necessary for that reason . in this regard , a consumer should be notified on an online interface about the purpose of blocking , limiting or redirection to an alternative version of an online interface .


### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary . ### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain consumers or to consumers in certain territories , for reasons related to the nationality or place of residence of the consumer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary .


### in a number of specific situations , any differences in the treatment of customers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the customers ' nationality , place of residence or place of establishment cannot be objectively justified . in those situations , all such discrimination should be prohibited and customers should consequently be entitled , under the specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality , place of residence or place of establishment . where necessary , traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access . however , the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different member states or certain groups of customers with targeted offers and differing terms and conditions , including through the setting - up of country - specific online interfaces . ### in a number of specific situations , any differences in the treatment of consumers through the application of general conditions of access , including outright refusals to sell goods , accept certain financial transactions that are officially stated by a trader or to provide services , for reasons related to the consumers ' nationality or place of residence cannot be objectively justified . in those situations , all such discrimination should be prohibited and consumers should consequently be entitled , under the specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local consumer and have full and equal access to any of the different goods or services offered irrespective of their nationality or place of residence . where necessary , traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the consumers concerned would be precluded from having such full and equal access .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for consumers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent consumers from having full and equal access to online interfaces on the basis of their nationality or place of residence . access to online interfaces in the form of a mobile application should not be blocked in any possible way for consumers if they prefer to access their chosen online interface through such means and a trader offers such an option in a member state . technological measures that prevent such access can encompass , in particular , any technologies used to determine the physical location of the consumer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with consumers .


### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### this regulation should be regularly evaluated , with a view to proposing amendments where necessary .


### pursuant to regulation no 593 / 2008 of the european parliament and of the council22 , the choice of law applicable to contracts between a consumer and a professional who pursues his or her commercial or professional activities in the country where the consumer has his or her habitual residence or , by any means , directs such activities to that country or to several countries including that country , may not have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law of the country where the consumer has his or her habitual residence . pursuant to regulation 1215 / 2012 of the european parliament and of the council23 , in matters related to a contract between a consumer and a professional who pursues commercial or professional activities in the member state of the consumer ' s domicile or , by any means , directs such activities to that member state or to several states including that member state , a consumer may bring proceedings against the other party in the courts of the member state where he is domiciled and proceedings may be brought against the consumer only in those courts . _________________ 22 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 23 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . ### this regulation should be without prejudice to regulation no 593 / 2008 of the european parliament and of the council22 . in cases where a trader actively directs or declares his or her activities to a country or to several countries where the consumer has his or her habitual residence , the choice of law applicable to contracts between a consumer and a trader may not have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law of the country where the consumer has his or her habitual residence . pursuant to regulation 1215 / 2012 of the european parliament and of the council23 , in matters related to a contract between a consumer and a professional who pursues commercial or professional activities in the member state of the consumer ' s domicile or , by any means , directs such activities to that member state or to several states including that member state , a consumer may bring proceedings against the other party in the courts of the member state where he is domiciled and proceedings may be brought against the consumer only in those courts . _________________ 22 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 23 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


### with respect to sales of books , the prohibition set out in paragraph 1 shall not preclude traders from applying different prices to customers in certain territories in so far as they are required to do so under the laws of member states in accordance with union law . ### the prohibition set out in paragraph 1 shall not preclude traders from offering different general conditions of access , including different prices to consumers in certain territories .


### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . ### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the consumer . terms and conditions that are individually negotiated between the trader and the consumers should not be considered general conditions of access for the purposes of this regulation .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of , inter alia , people , goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by certain private parties putting in place obstacles inconsistent with the principles and freedoms of the internal market . that occurs where certain traders operating in one member state block or limit access to their online interfaces , such as websites and apps , for consumers and / or undertakings from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different restrictive general conditions of access to their goods and services with respect to such consumers and / or undertakings from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### traders shall not , for reasons related to the nationality or place of residence of the consumer , redirect consumers to a version of their online interface that is different from the online interface which the consumer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to consumers with a particular nationality or place of residence , unless the customer gives his or her explicit consent prior to such redirection .


### since the objective of this regulation , namely the prevention of direct and indirect discrimination based on nationality , place of residence or place of establishment of customers , including geo - blocking , in commercial transactions with traders within the union , cannot be sufficiently achieved by member states , due to the cross - border nature of the problem and the insufficient clarity of the existing legal framework , but can rather , by reason of its scale and potential effect on trade in the internal market be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objective of this regulation , namely the prevention of direct and indirect discrimination based on nationality or place of residence of consumers , including geo - blocking , in commercial transactions with traders within the union , cannot be sufficiently achieved by member states , due to the cross - border nature of the problem and the insufficient clarity of the existing legal framework , but can rather , by reason of its scale and potential effect on trade in the internal market be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### traders shall not , through the use of technological measures or otherwise , block or limit customers ' access to their online interface for reasons related to the nationality , place of residence or place of establishment of the customer . ### traders shall not , through the use of technological measures or otherwise , block or limit consumers ' access to their online interface for reasons related to the nationality or&#160 ; place of residence of the consumer .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing discrimination based on consumers ' nationality or place of residence , including geo - blocking , in cross - border commercial transactions between traders and consumers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on consumers ' nationality or place of residence . such other criteria can be applied , in particular , on the basis of information indicating the physical location of consumers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the consumer ' s payment instrument has been issued .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer has given his or her explicit consent prior to such redirection , which the consumer originally sought to access .


### with respect to sales of books , the prohibition set out in paragraph 1 shall not preclude traders from applying different prices to customers in certain territories in so far as they are required to do so under the laws of member states in accordance with union law . ### with respect to sales of books , the prohibition set out in paragraph 1 shall be without prejudice to specific legislation regarding pricing in member states , in accordance with union law .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of consumers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such consumers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . this practice undermines the core purpose of the internal market , lowers consumers options and the level of competition .


### member states shall ensure that independent national regulatory authorities have separate annual budgets . the budgets shall be made public . member states shall also ensure that national regulatory authorities have adequate financial and human resources to enable them to carry out the task assigned to them and to actively participate in and contribute to erga . ### member states shall ensure that independent national regulatory authorities have separate annual budgets . the budgets shall be made public . member states shall also ensure that national regulatory authorities have adequate financial and human resources to enable them to carry out the task assigned to them and to actively participate in and contribute effectively to the tasks carried out by erga under this directive .


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % . ### the proportion of television advertising spots and teleshopping spots within a given clock hour between 7 : 00 and 23 : 00 shall not exceed 20 % .


### the head of a national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authority , may be dismissed only if they no longer fulfil the conditions required for the performance of their duties which are laid down in advance in national law . a dismissal decision shall be made public and a statement of reasons shall be made available . ### the head of a national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authority , may be dismissed only if they no longer fulfil the conditions required for the performance of their duties which are laid down in advance in national law . a duly justified dismissal decision shall be made public and a statement of reasons shall be made available to the public .


### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations . ### this directive is without prejudice to the ability of member states to impose obligations to ensure adequate discoverability and accessibility of content of general interest under defined general interest objectives such as freedom of expression , media pluralism , freedom to conduct a business and the right to property , including intellectual property rights , and cultural diversity . such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations .


### each member state shall designate one or more independent national regulatory authorities . member states shall ensure that they are legally distinct and functionally independent of any other public or private body . this shall be without prejudice to the possibility for member states to set up regulators having oversight over different sectors . ### each member state shall designate one or more independent national regulatory authorities . member states shall ensure that they are legally distinct from government and functionally independent of any other public or private body . this shall be without prejudice to the possibility for member states to set up regulators having oversight over different sectors


### the specific objective of the egf is to offer assistance in case of unexpected major restructuring events , particularly those caused by globalisation - related challenges , such as changes in world trade patterns , trade disputes , financial or economic crises , the transition to low - carbon economy or as a consequence of digitisation or automation . particular emphasis shall lie on measures that help the most disadvantaged groups . ### the specific objective of the egf is to offer assistance in case of major restructuring events , particularly those caused by globalisation - related challenges , such as changes in world trade patterns , including in intra - eu trade , the opening of markets , offshoring , dumping , trade disputes , financial or economic crises , the transition to low - carbon economy or as a consequence of digitisation or automation . particular emphasis shall lie on measures that help the most disadvantaged groups .


### this regulation should reflect the need to focus on strategic priorities , both geographically – the european neighbourhood and africa , as well as countries that are fragile and most in need , but also thematically – security , migration , climate change and human rights . ### this regulation should reflect the need to focus on strategic priorities , both geographically – the european neighbourhood and africa , as well as countries that are fragile and most in need , but also thematically – security , migration , climate change mitigation and adaptation and human rights .


### by 30 june 2017 , member states shall adopt and make public their national plan and schedule for fulfilling their obligations under articles 1 and 4 of this decision . ### by 30 june 2018 , member states shall adopt and make public their national plan and schedule , including detailed steps for fulfilling their obligations under articles 1 and 4 of this decision .


### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies . ### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes , mechanisms to avoid harmful interference to spectrum users in adjacent bands and information on the possibility to offer compensation for migration costs , in order to avoid , inter alia , costs for end - users and broadcasters . compensation schemes should focus in particular on the special needs of smes and start - ups , which do not have the same financial capacity as other firms . as for dtt , the roadmaps should give particular attention to facilitating , where necessary , upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies , with due regard for the principle of technological neutrality .


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


### when member states authorise the use of the 694 - 790 mhz frequency band or amend existing rights to use the 694 - 790 mhz frequency band , they shall take all necessary measures to ensure a high - quality level of coverage of their population and territory at speeds of at least 30 mb / s , both indoors and outdoors , including in pre - determined national priority areas where necessary , and along major terrestrial transport paths . such measures may include conditions facilitating or encouraging sharing network infrastructure or spectrum in compliance with union law . ### when member states authorise the use of the 694 - 790 mhz frequency band or amend existing rights to use the 694 - 790 mhz frequency band , they shall take all necessary measures to ensure a high - quality level of coverage of their population and territory , at the fastest possible broadband speeds , and at least 30 mb / s both indoors and outdoors , including coverage in pre - determined national priority areas where necessary , and along major terrestrial transport paths , for the purpose of allowing wireless applications and european leadership in new digital services to contribute effectively to union economic growth .


### member states shall ensure availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state . ### member states shall ensure availability until 2030 of the 470 - 694 mhz frequency band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . each member state shall ensure that any other use of the 470 - 694 mhz frequency band on its territory is compatible with its national broadcasting needs and does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state .


### for region 1 , which includes the union , the international telecommunication union’s radio regulations adopted by the world radiocommunication conference have allocated the 700 mhz frequency band to the broadcasting and the mobile service on a co - primary basis , and the 470 - 694 mhz frequency band exclusively to the broadcasting service , on a primary basis , and to wireless audio pmse use , on a secondary basis . ### for region 1 , which includes the union , the international telecommunication union’s radio regulations adopted by the world radiocommunication conference in 2015 have allocated the 700 mhz frequency band to the broadcasting and the mobile service on a co - primary basis , and the 470 - 694 mhz frequency band exclusively to the broadcasting service , on a primary basis , and to wireless audio pmse use , on a secondary basis .


### by 1 january 2025 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 . the report shall assess whether it is necessary to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union . ### by 1 january 2023 , the commission , in cooperation with the member states , shall carry out , based on relevant studies and consultations with relevant stakeholders , an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 . the report shall assess whether it is necessary to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union with a view to developing a common european position towards the planned review of that frequency band at the world radiocommunication conference in 2023 .


### by 1 january 2025 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 . the report shall assess whether it is necessary to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union . ### by 1 january 2023 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 . the report shall assess whether it is necessary to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union .


### 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 .


### by 30 june 2020 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec , in order to allow that use . ### by 30 june 2020 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . member states may however decide , on the basis of reasonable grounds , to delay the availability of the band for up to two years maximum . where a member state decides to delay the availability of the band , it shall inform other member states and the commission accordingly . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec , in order to allow that use .


### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies . ### member states should adopt coherent and coordinated national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes , mechanisms to avoid harmful interference to spectrum users in adjacent bands and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . roadmaps should also include detailed steps to be taken in order to ensure the full availability of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services by the deadline laid down in this decision . a member state seeking a delay should take all reasonable prior steps to minimise it , such as engaging the rspg good offices in bilateral negotiations on cross - border frequency coordination agreements , and inform the commission and other member states accordingly as well as include justification in its national roadmap published pursuant to this decision . impediments which lie within the reasonable power of the member state concerned to remedy should not be regarded as sufficient justification . the rspg should as a matter of priority adopt an opinion on any roadmap envisaging such a delay . the commission should assess the justification and take utmost account of the opinion of the rspg in determining whether the delay is justified and can thus be deemed to be compliant with the coordinated approach set out in this decision . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies .


### spectrum sharing within a common frequency band between bidirectional wireless broadband use , on the one hand , and unidirectional television broadcasting or wireless audio pmse use , on the other hand , is technically problematic . this means that repurposing the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services would deprive dtt and wireless audio pmse users of part of their spectrum resources . the dtt and pmse sectors therefore need long - term regulatory predictability on the availability of sufficient spectrum , so that they can safeguard the sustainable provision and development of their services , in particular free - to - view television . measures may be needed at national and union level to ensure additional spectrum resource for wireless audio pmse use outside the 470 - 790 mhz frequency band . ### spectrum sharing within a common frequency band between bidirectional wireless broadband use , on the one hand , and unidirectional television broadcasting or wireless audio pmse use , on the other hand , is technically problematic . this means that repurposing the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services would deprive dtt and wireless audio pmse users of part of their spectrum resources . the dtt and pmse sectors therefore need long - term regulatory predictability on the availability of sufficient spectrum , so that they can safeguard the sustainable provision and development of their services , in particular free - to - view television , and secure the certainty of their investments by inter alia having the right to trade and share licences . measures may be needed at national and union level to ensure additional spectrum resource for wireless audio pmse use outside the 470 - 790 mhz frequency band .


### by 30 june 2017 , member states shall adopt and make public their national plan and schedule for fulfilling their obligations under articles 1 and 4 of this decision . ### member states shall as soon as possible after the date of entry into force of this decision , and no later than 30 june 2018 , adopt and make public their national plan and schedule , including detailed steps for fulfilling their obligations under articles 1 and 4 of this decision . in the event that a member state delays allowing use of the 700 mhz frequency band beyond 30 june 2020 , the national roadmap shall include due justification as well as measures for protecting use of that band in accordance with article 1 in neighbouring member states . the rspg shall , as a matter of priority , issue an opinion on any national roadmap envisaging such a delay . the commission shall decide on the acceptability of a member state ' s justification , taking utmost account of the opinion of the rspg .


### member states shall ensure availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state . ### member states shall ensure availability of the 470 - 694 mhz frequency band for terrestrial broadcasting , based on national broadcasting needs , at least until 2030 . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference with terrestrial broadcasting in a neighbouring member state .


### member states shall ensure availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state . ### member states shall ensure , at least until 31 december 2030 , availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs , taking into account the principle of technological neutrality . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state .


### rapidly growing wireless broadband traffic makes enhanced wireless network capacity a necessity . spectrum in the 700 mhz frequency band provides both additional capacity and universal coverage , in particular for the economically challenging rural and remote areas , for indoor use and for wide - range machine - type communications . in this context , coherent measures for high - quality terrestrial wireless coverage across the union , which build on best national practice for operators’ licence obligations , should aim to meet the rspp objective that all citizens should have access to broadband speeds of not less than 30 mb / s by 2020 . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits . ### rapidly growing wireless broadband traffic makes enhanced wireless network capacity a necessity . spectrum in the 700 mhz frequency band provides both additional capacity and universal coverage , in particular for the economically challenging rural and remote areas , for indoor use and for wide - range machine - type communications . in this context , coherent and coordinated measures for high - quality terrestrial wireless coverage across the union , which build on best national practice for operators’ licence obligations , should aim to meet the rspp objective that all citizens should have access to broadband speeds of not less than 30 mb / s by 2020 . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits .