### 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 .


### 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 .


### 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 .


### 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 .


### 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 not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on court 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 .


### 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 addresses 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 and / or undertaking and containing other clauses and / or conditions . 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 . however , the possibility of individually negotiating terms and conditions or agreeing individually upon additional rights or obligations should not produce geo - blocking or other unjustified forms of discrimination provided for under 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 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 .


### 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 adverse 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 .


### 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 .


### 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 consumers from different member states . while this should remain possible , redirecting a consumer 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 consumer at all times .


### 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 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 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 , with which the trader must comply when carrying on commercial activities in the member state concerned . 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 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 .


### 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 .


### 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 .


### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods . ### finally , in the situation where the trader provides services and those services are received by the consumer in the premises of or at a location chosen by the trader and different from the member state of which the consumer is a national or in which the consumer has his or her place of residence , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods .


### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , or where the customer is not a consumer , compliance with this regulation does not imply any additional costs for the trader associated with jurisdiction or differences in applicable law . where , in contrast , a trader does pursue his activities in the consumer ' s member state or does direct his activities there , the trader has manifested its intention to establish commercial relations with consumers from that member state and thus been able to take account of any such costs . ### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , compliance with this regulation does not imply any additional costs for the trader associated with jurisdiction or differences in applicable law . where , in contrast , a trader does pursue his activities in the consumer ' s member state or does direct his activities there , the trader has manifested its intention to establish commercial relations with consumers from that member state and thus been able to take account of any such costs .


### traders falling under the special scheme provided in chapter 1 of title xii of council directive 2006 / 112 / ec27 are not required to pay vat . for those traders , when providing electronically supplied services , the prohibition of applying different general conditions of access for reasons related to the nationality , place of residence or place of establishment of the customer would imply a requirement to register in order to account for vat of other member states and might entail additional costs , which would be a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . _________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax ### traders falling under the special scheme provided in chapter 1 of title xii of council directive 2006 / 112 / ec27 are not required to pay vat . for those traders , when providing electronically supplied services , the prohibition of applying different general conditions of access for reasons related to the nationality or place of residence of the consumer would imply a requirement to register in order to account for vat of other member states and might entail additional costs , which would be a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . _________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax


### 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 and / or undertakings 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 and in as far as the union ' s principles and legislation , and the fundamental rights enshrined in the charter of fundamental rights of the european union , are complied with .


### 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 .


### 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 .


### objective and scope ### subject matter and scope


### 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 .


### where the trader sells goods , provides services , or seeks to do so , in a member state other than the member state in which the customer has the place of residence or the place of establishment ; ### where the trader sells goods , provides services , or seeks to do so , in a member state other than the member state in which the consumer has the place of residence ;


### where the trader sells goods , provides services , or seeks to do so , in the same member state as the one in which the customer has the place of residence or place of establishment , but the customer is a national of another member state ; ### where the trader sells goods , provides services , or seeks to do so , in the same member state as the one in which the consumer has the place of residence , but the consumer is a national of another member state ;


### where the trader sells goods or provides services , or seeks to do so , in a member state in which the customer is temporarily located without residing in that member state or having the place of establishment in that member state . ### where the trader sells goods or provides services , or seeks to do so , in a member state in which the consumer is temporarily located without residing in that member state or having the place of establishment in that member state .


### ' general conditions of access ' means all terms , conditions and other information , including sale prices , regulating the access of customers to goods or services offered for sale by a trader , which are set , applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the customer ; ### ' general conditions of access ' means all terms , conditions and other information , including sale prices , regulating the access of consumers to goods or services offered for sale by a trader , which are set , applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the consumer ;


### ' goods ' means any tangible movable item , with the exception of items sold by way of execution or otherwise by authority of law ; water , gas and electricity shall be considered as goods within the meaning of this regulation where they are put up for sale in a limited volume or a set quantity ; ### ' goods ' means any tangible movable item , with the exception of items sold by way of execution or otherwise by authority of law .


### ' online interface ' means any software , including a website and applications , operated by or on behalf of a trader , which serves to give customers access to the trader ' s goods or services with a view to engaging in a commercial transaction with respect to those goods or services ; ### ' online interface ' means any software , including a website or a part thereof and mobile applications , operated by or on behalf of a trader , which serves to give customers access to the trader ' s goods or services with a view to engaging in a commercial transaction with respect to those goods or services ;


### ' online interface ' means any software , including a website and applications , operated by or on behalf of a trader , which serves to give customers access to the trader ' s goods or services with a view to engaging in a commercial transaction with respect to those goods or services ; ### ' online interface ' means any software , including a website and applications , operated by or on behalf of a trader , which serves to give consumers access to the trader ' s goods or services with a view to engaging in a commercial transaction with respect to those goods or services ;


### 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 .


### 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 .


### in the event of such redirection with the customer ' s explicit consent , the original version of the online interface shall remain easily accessible for that customer . ### in the event of such redirection with the consumer ' s explicit consent , the version of the online interface which the consumer initially sought to access , shall remain easily accessible for that consumer .


### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking , limitation of access or redirection with respect to certain customers or to customers in certain territories is 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 . ### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking or limitation of clients ' access to the trader ' s online interface or redirection with respect to certain customers or to customers in certain territories is 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 , to which the trader ' s activities are subject .


### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking , limitation of access or redirection with respect to certain customers or to customers in certain territories is 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 . ### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking , limitation of access or redirection with respect to certain consumers or to consumers in certain territories is 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 .


### 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 .


### traders shall not apply different general conditions of access to their goods or services , for reasons related to the nationality , place of residence or place of establishment of the customer , in the following situations : ### traders shall not apply different general conditions of access to their goods or services , for reasons related to the nationality or&#160 ; place of residence of the consumer , where :


### where the trader sells goods and those goods are not delivered cross - border to the member state of the customer by the trader or on his or her behalf ; ### the trader sells goods and those goods are not delivered cross - border to the member state of the consumer by the trader or on his or her behalf , but are collected at a location agreed between the trader and the consumer in which the trader operates ;


### where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter ; ### the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter ;


### where the trader provides services , other than those covered by point , and those services are supplied to the customer in the premises of the trader or in a physical location where the trader operates , in a member state other than that of which the customer is a national or in which the customer has the place of residence or the place of establishment . ### the trader provides services , other than those covered by point , and those services are supplied to the consumer in the premises of the trader or in a physical location where the trader operates , in a member state other than that of which the consumer is a national or in which the consumer has the place of residence .


### 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 .


### 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 .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where : ### traders shall not , for reasons related to the nationality or&#160 ; place of residence of the consumer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where :


### as the increase in the number of new services has led to a greater choice for viewers , broadcasters are given greater flexibility with regard to the insertion of advertising and teleshopping spots where this does not unduly impair the integrity of programme . yet , in order to safeguard the specific character of the european television landscape , interruptions for cinematographic works and films made for television as well as for some categories of programmes that still need specific protection should remain limited . ### even though the increase in the number of new services has led to a greater choice for viewers , it remains necessary to continue to protect the integrity of programmes and consumers from disproportionally frequent advertising and teleshopping spots . therefore , in order to safeguard the specific character of the european television landscape , interruptions for cinematographic works and films made for television as well as for some categories of programmes that still need specific protection should remain limited and not be subject to further flexibility .


### regulatory authorities of the member states can achieve the requisite degree of structural independence only if established as separate legal entities . member states should therefore guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition . ### regulatory authorities of the member states can achieve the requisite degree of structural independence for example if established as separate legal entities . member states should therefore guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition .


### erga has made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of its role in this directive . the group should therefore be re - established by virtue of this directive . ### erga has made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters . it should therefore take on a coordinating role in future too .


### the commission should be free to consult erga on any matter relating to audiovisual media services and video - sharing platforms . erga should assist the commission by providing its expertise and advice and by facilitating exchange of best practices . in particular , the commission should consult erga in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . upon the commission ' s request , erga should provide opinions , including on jurisdiction and union codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars . ### the commission should be free to consult erga on any matter relating to audiovisual media services and video - sharing platforms . erga may assist the commission by providing its expertise and advice and by facilitating exchange of best practices . in particular , the commission may consult erga in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . upon the commission ' s request , erga may provide opinions , including on jurisdiction and union codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars .


### 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 take measures to ensure non - discriminatory discoverability and access to 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 proportionate and meet general interest objectives clearly defined by member states in conformity with union law . such obligations should , moreover , only be imposed when there is a threat to the diversity of opinion . 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 introduce discoverability rules , they should only take proportionate measures with regard to undertakings , in the interest of legitimate public policy considerations .


### ' user - generated video ' means a set of moving images with or without sound constituting an individual item that is created and / or uploaded to a video - sharing platform by one or more users ; ### ' user - generated video ' means a set of moving images with or without sound constituting an individual item that is uploaded to a video - sharing platform by one or more users ;


### the commission has decided , after having consulted erga , that the measures are compatible with union law , in particular that assessments made by the member state taking those measures under paragraphs 2 and 3 are correctly founded . ### the commission has decided that the measures are compatible with union law , and in particular that assessments made by the member state taking those measures under paragraphs 2 and 3 are correctly founded .


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ; ### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to the commission of terrorist acts or any other form of violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ;


### the commission and erga shall encourage media service providers to exchange best practices on co - regulatory systems across the union . where appropriate , the commission shall facilitate the development of union codes of conduct . ### the commission and erga shall support media service providers in exchanging best practices on co - regulatory systems across the union . where appropriate , the commission shall facilitate the development of union codes of conduct .


### the commission and erga shall encourage the exchange of best practices on self - and co - regulatory systems across the union . where appropriate , the commission shall facilitate the development of union codes of conduct . ### the commission and erga shall support the exchange of best practices on self - and co - regulatory systems across the union . where appropriate , the commission shall facilitate the development of union codes of conduct .


### the commission and erga shall encourage video - sharing platform providers to exchange best practices on co - regulatory systems across the union . where appropriate , the commission shall facilitate the development of union codes of conduct . ### the commission and erga shall support video - sharing platform providers in exchanging best practices on co - regulatory systems across the union . where appropriate , the commission shall facilitate the development of union codes of conduct .


### the most harmful content , such as gratuitous violence and pornography , shall be subject to the strictest measures , such as encryption and effective parental controls ; ### the most harmful content , such as incitement to terrorism , gratuitous violence and pornography , shall be subject to the strictest measures , such as encryption and effective parental controls ;


### member states shall waive the requirements laid down in paragraphs 1 and 2 for providers with a low turnover or low audience or if they are small and micro enterprises . member states may also waive such requirements in cases where they would be impracticable or unjustified by reason of the nature or theme of the on - demand audiovisual media services ; ### member states may waive the requirements laid down in paragraphs 1 and 2 for providers with a particularly low turnover or audience , in particular in comparison with competitors within the targeted market , or if they are small and micro enterprises . member states may also waive such requirements in cases where they would be impracticable or unjustified by reason of the nature or theme of the on - demand audiovisual media services , insofar as such a waiver would not disproportionately distort competition in the targeted market ;


### announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes or with programmes from other entities belonging to the same media group ; ### announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes ;


### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### protect all citizens from content containing any incitement to the commission of terrorist acts or any other form of violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin .


### defining and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ; ### defining and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to the commission of terrorist acts or any other form of violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ;


### for the purposes of applying the second subparagraph , where there are several subsidiaries each of which are established in different member states , or where there are several other entities of the group each of which are established in different member states , the member states concerned shall ensure that the provider designates in which of these member states it shall be deemed to have been established . ### for the purposes of applying the second subparagraph , where there are several subsidiaries each of which are established in different member states , or where there are several other entities of the group each of which are established in different member states , it shall be deemed to have been established in the member state where the majority of the workforce operates .


### 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


### 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 also ensure that national regulatory authorities have adequate financial and human resources to enable them to carry out the task assigned to them .


### 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 . ### egf shall continue 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 , making it more flexible and simplified when there is evidence of potential negative effects arising from globalization or foreign direct investments , as well as favoring the recognition of smes and start - ups for eligibility purposes ;


### global challenges . ### global challenges , including climate change mitigation and adaptation .


### having regard to the treaty on the functioning of the european union , and in particular article 114 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 19 and 114 thereof ,


### union directives in the area of copyright and related rights provide legal certainty and a high level of protection for rightholders . this harmonised legal framework contributes to the proper functioning of the internal market and stimulates innovation , creation , investment and the production of new content , including in the digital environment . it also aims to promote access to knowledge and culture by protecting works and other subject - matter and by permitting exceptions or limitations that are in the public interest . a fair balance of rights and interests between rightholders and users should be safeguarded . ### union directives in the area of copyright and related rights provide legal certainty and a high level of protection for rightholders . this harmonised legal framework contributes to the improved functioning of the internal market and stimulates innovation , creation , investment and the production of new content , including in the digital environment . it also aims to promote access to knowledge and culture by protecting works and other subject - matter and by permitting exceptions or limitations that are in the public interest . a fair balance of rights and interests between rightholders and users should be safeguarded .


### ' work and other subject - matter ' means a work in the form of a book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , including in audio forms such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ; ### ' work and other subject - matter ' means a work in the form of a book , e - book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , including in audio forms such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ;


### by [ two years after the date of transposition ] , the commission shall present a report to the european parliament , the council and the european economic and social committee on the availability , in accessible formats , of works and other subject - matter other than those defined in article 2 for beneficiary persons , and of works and other subject - matter for persons with disabilities other than those referred to in article 2 , in the internal market . the report shall contain an assessment on whether an amendment of the scope of this directive should be considered . ### by [ two years after the date of transposition ] , the commission shall present a report to the european parliament , the council and the european economic and social committee on the availability , in accessible formats , of works and other subject - matter other than those defined in article 2 for beneficiary persons , and of works and other subject - matter for persons with disabilities other than those referred to in article 2 , in the internal market . the report shall contain an assessment - taking into account technological development and particularly the technologies available to help people with disabilities , and the accessibility of those technologies - on whether an amendment of the scope of this directive should be considered .


### no sooner than [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive . ### no sooner than [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive - taking into account technological development and particularly the technologies available to help people with disabilities , and the accessibility of those technologies - and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive .


### spectrum in the 470 - 790 mhz frequency band is a valuable asset for the cost - efficient deployment of wireless networks with universal indoor and outdoor coverage . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it supports the development of the media , creative and cultural sectors , which extensively rely on this spectrum resource for the wireless provision of content to mass audiences . ### spectrum in the 470 - 790 mhz frequency band is a valuable asset for the cost - efficient deployment of wireless networks with universal indoor and outdoor coverage . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it supports the development of the media , creative and cultural sectors , which extensively rely on this spectrum resource for the wireless provision of content to mass audiences and it also supports the deployment of broadband internet in rural areas allowing households and businesses in those areas to increasingly reap the benefits of the developing digital single market .


### spectrum in the 470 - 790 mhz frequency band is a valuable asset for the cost - efficient deployment of wireless networks with universal indoor and outdoor coverage . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it supports the development of the media , creative and cultural sectors , which extensively rely on this spectrum resource for the wireless provision of content to mass audiences . ### spectrum in the 470 - 790 mhz frequency band is a valuable asset for the cost - efficient deployment of wireless networks with universal indoor and outdoor coverage . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it supports , in parallel to new forms of distribution , the development of the media , creative and cultural sectors , which extensively rely on this spectrum resource for the wireless provision of content to mass audiences .


### 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 the fastest possible broadband speeds by 2020 . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits .


### in his report to the commission 22 , pascal lamy , the chairman of the high - level group on the future use of the 470 - 790 mhz frequency band , recommended that the 700 mhz frequency band be made available for wireless broadband by 2020 . this would help achieve the goal of long - term regulatory predictability for dtt in having access to the sub - 700 mhz frequency band until 2030 , although this would have to be reviewed by 2025 . the lamy report also recommended national flexibility in spectrum use of the sub - 700 mhz frequency band , which is limited to downlink - only . downlink - only is the restriction of all transmissions in a wireless system , independent of its technology , to unidirectional transmission from central infrastructure stations such as a tv broadcasting tower or a mobile base station to portable or mobile terminals such as tv sets or mobile phones . __________________ 22 report by mr pascal lamy , available at : https : / / ec . europa . eu / digital - agenda / en / news / report - results - work - high - level - group - future - use - uhf - band . ### in his report to the commission 22 , pascal lamy , the chairman of the high - level group on the future use of the 470 - 790 mhz frequency band , recommended that the 700 mhz frequency band be made available for wireless broadband by 2020 . this would help achieve the goal of long - term regulatory predictability for dtt in having access to the sub - 700 mhz frequency band until 2030 , although this would have to be reviewed by 2025 . the lamy report also recommended a ' flexibility option ' involving studying scenarios that allow spectrum in the sub - 700 mhz frequency band to be used for downlink - only electronic communications services in cases where there is no or negligible demand for dtt at national level . downlink - only is the restriction of all transmissions in a wireless system , independent of its technology , to unidirectional transmission from central infrastructure stations such as a tv broadcasting tower or a mobile base station to portable or mobile terminals such as tv sets or mobile phones . such scenarios should guarantee continued access to spectrum for dtt as the primary user and audio pmse as the secondary user , subject to national demand . this calls for timely study , adoption and dissemination of a harmonised union approach to supplemental downlink and its coexistence with terrestrial broadcasting services and audio pmse in order to preserve the specificities of the european audiovisual model and at the same time open the door to innovation and new services . __________________ 22 report by mr pascal lamy , available at : https : / / ec . europa . eu / digital - agenda / en / news / report - results - work - high - level - group - future - use - uhf - band .


### as some member states have already launched or completed a national process to authorise the use of the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services , the union should take immediate action in order to prevent fragmentation of the single market . what is needed is a coordinated approach to the future use of the 470 - 790 mhz frequency band , which should also provide regulatory predictability , balance member state diversity with single market objectives and promote a coherent union position on the international scene . in this context , member states should be required to repurpose the 700 mhz frequency band in a timely manner in accordance with union and national law . ### as some member states have already launched or completed a national process to authorise the use of the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services , the union should take immediate action in order to prevent fragmentation of the single market . what is needed is a coordinated approach to the future use of the 470 - 790 mhz frequency band , which should also provide regulatory predictability , balance member state diversity with single market objectives and promote a coherent union position on the international scene . in this context , member states should be required to repurpose the 700 mhz frequency band in a timely manner in accordance with union and national law , while taking into account member states ' specific situations such as existing licenses , unreasonably high migration or reallocation costs , which would exceed revenues gained from auction , and geographical location specifically if a member state is situated at the periphery of the union and shares a border with a third country .


### 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 .


### 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 .


### the scope and mechanism of possible compensation for completing the transition in spectrum use within the 470 - 790 mhz frequency band should be analysed in accordance with the relevant national provisions as provided by article 14 of directive 2002 / 20 / ec27 , and have to be consistent with the provisions of articles 107 and 108 tfeu . __________________ 27 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services . ### the scope and mechanism of possible compensation for completing the transition in spectrum use within the 694 - 790 mhz frequency band should be analysed in accordance with the relevant national provisions as provided by article 14 of directive 2002 / 20 / ec of the european parliament and of the council27 , and have to be consistent with the provisions of articles 107 and 108 tfeu . __________________ 27 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services ( oj l 108 , 24 . 04 . 2002 , p . 21 .


### 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 all their population and at least 97% of their territory , at the fastest possible broadband speeds , and at least 30 mb / s both indoors and outdoors , including 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 . in addition , member states shall take due account of the opportunity to ensure that wholesale access to spectrum ) is possible and to increase the geographical coverage of their territory . this may include the ability for an mvno to exist in all networks , and measures aimed at wholesale services and explicit requirements on geographical coverage to a specific licence . such measures may explicitly include conditions facilitating or encouraging sharing network infrastructure of 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 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 due account of the opportunity to increase the level and quality of services and coverage of their population and territory through services deployed in the band . this may include measures aimed at services in pre - determined national priority areas where necessary , e . g . along major terrestrial transport routes . such measures may include conditions facilitating or encouraging sharing network infrastructure or spectrum in compliance with union law .


### 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 . ### each member state shall ensure the availability of the 470 - 694 mhz frequency band or parts of the band until 2030 , for operators managing the terrestrial provision of audiovisual media services to mass audiences , including free television , for use by wireless audio pmse equipment , based on national broadcasting needs . operators shall have the right to fully manage their licences , including the right to trade and share . in this regard , member states shall promote cooperation between broadcasters , broadcasting operators and mobile operators in order to facilitate convergence of audiovisual and internet platforms and shared spectrum use . 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 .


### an effective implementation of the type - approval requirements should be ensured by enhancing the provisions on conformity of production by , inter alia , providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing the requirements relating to the competence , obligations and performance of the technical services that carry out tests for whole - vehicle type - approval under the responsibility of type - approval authorities . the proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens ' confidence in the system . the criteria for designation of technical services provided by directive 2007 / 46 / ec should be laid down in greater detail in order to assure their consistent application . the assessment methods of technical services in the member states have a tendency to progressively differ due to the increased complexity of their work . therefore , it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of member states ' practices for the assessment , designation , notification and monitoring of their technical services . those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services . ### effective implementation of the type - approval requirements should be ensured by enhancing the provisions on conformity of production by , inter alia , providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing and harmonising the requirements relating to the competence , obligations and performance of the technical services that carry out tests for whole - vehicle type - approval under the responsibility of type - approval authorities . the proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens ' confidence in the system . the criteria for designation of technical services provided by directive 2007 / 46 / ec should be laid down in greater detail in order to ensure that they are applied consistently across all member states . the methods of assessing technical services in the member states have a tendency to progressively differ due to the increased complexity of their work . therefore , it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of member states ' practices for the assessment , designation , notification and monitoring of their technical services . those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services . in order to ensure adequate oversight and a level playing - field across the union , the assessment of an applicant technical service should include an on - site assessment and observation at first hand of the actual type - approval tests carried out .


### in order to increase transparency and mutual trust and to further align and develop the criteria for the assessment , designation , and notification of technical services , as well as extension and renewal procedures , member states should cooperate with each other and with the commission . they should consult each other and the commission on questions with general relevance for the implementation of this regulation and inform each other and the commission on their model assessment checklist . ### in order to increase transparency and mutual trust and to further align and develop the criteria for the assessment , designation , and notification of technical services , as well as extension and renewal procedures , member states should cooperate with each other and with the commission . they should consult each other and the commission on questions with general relevance for the implementation of this regulation and inform each other and the commission on their model assessment checklist . this regulation establishes an online type - approval database , which , together with the internal market information system established by regulation no 1024 / 2012 of the european parliament and of the council1a , could provide a useful electronic means to facilitate and enhance administrative cooperation in the management of the exchange of information , on the basis of simple and unified procedures which circumvent language barriers . __________________ 1a regulation no 1024 / 2012 of the european parliament and of the council of 25 october 2012 on administrative cooperation through the internal market information system and repealing commission decision 2008 / 49 / ec .


### a robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this regulation are met . ensuring compliance with the type - approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities , as it is an obligation closely linked to the issuing of the type - approval and requires detailed knowledge of its content . it is therefore important that the performance of approval authorities is regularly verified by means of peer - reviews , to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type - approval requirements . moreover , it is important to provide for the verification of the correctness of the type approval itself . ### a robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this regulation are met . ensuring compliance with the type - approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities , as it is an obligation closely linked to the issuing of the type - approval and requires detailed knowledge of its content . it is therefore important that the performance of approval authorities be subject to regular supervisory controls at union level , including independent audits , to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type - approval requirements . moreover , it is important to provide for verification of the correctness of the type - approval itself .


### in order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities , approval authorities and the commission , type approval documentation should be provided in electronic format and be made publicly available , subject to exemptions due to protection of commercial interests and the protection of personal data . ### in order to increase transparency in the approval process and to facilitate the exchange of information and the independent verification by market surveillance authorities , approval authorities , the commission and third parties , disclosure of vehicle and testing information is necessary for the purpose of carrying out such checks . relevant information should be provided in electronic format and should be made publicly available , subject to exemptions due to protection of commercial interests , intellectual property rights and the protection of personal data .


### those more specific obligations for national authorities provided in this regulation should include ex - post compliance verification testing and inspections of a sufficient number of vehicles placed on the market . the selection of the vehicles to be subject to this ex - post compliance verification should be based on an appropriate risk assessment which takes account of the seriousness of the possible non - compliance and the likelihood of its occurrence . ### those more specific obligations for national authorities provided in this regulation should include ex - post compliance verification testing and inspections of a sufficient number of vehicles placed on the market . the selection of the vehicles to be subject to this ex - post compliance verification should be based on an appropriate risk assessment which takes account of the seriousness of the possible non - compliance and the likelihood of its occurrence . moreover , it should be based on clear and detailed criteria and should include , inter alia , random percentage checks on all current models , on vehicles with a new engine or technology installed , on vehicles with high or very low fuel consumption and on vehicles with a very high sales volume , and should take into account past history of compliance , tips from consumers , results of remote sensing testing and concerns expressed by independent research bodies .


### conformity of production is one of the cornerstones of the eu type - approval system , and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose , and be subject to regular verification by means of independent periodic audits . in addition , approval authorities should ensure the verification of the continued conformity of the products concerned . ### conformity of production is one of the cornerstones of the eu type - approval system , and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose , other than the technical service that performed the testing for type - approval purpose , and should be subject to regular verification by means of independent periodic audits . in addition , approval authorities should ensure verification of the continued conformity of the products concerned .