### providers of public electronic communications networks or publicly available electronic communications services , or of both , should be required to take measures to safeguard the security of their networks and services , respectively . having regard to the state of the art , those measures should ensure a level of security of networks and services appropriate to the risks posed . security measures should take into account , as a minimum , all the relevant aspects of the following elements : as regards security of networks and facilities : physical and environmental security , security of supplies , access control to networks and integrity of networks ; as regards incident handling : incident - handling procedures , incident detection capability , incident reporting and communication ; as regards business continuity management : service continuity strategy and contingency plans , disaster recovery capabilities ; and as regards monitoring , auditing and testing : monitoring and logging policies , exercise contingency plans , network and service testing , security assessments and compliance monitoring ; and compliance with international standards . ### providers of public electronic communications networks or publicly available electronic communications services , or of both , should be required to take measures to safeguard the security of their networks and services , respectively . having regard to the state of the art , those measures should ensure a level of security of networks and services appropriate to the risks posed . security measures should take into account , as a minimum , all the relevant aspects of the following elements : as regards security of networks and facilities : physical and environmental security , security of supplies , access control to networks and integrity of networks ; as regards incident handling : incident - handling procedures , incident detection capability , incident reporting and communication ; as regards business continuity management : service continuity strategy and contingency plans , disaster recovery capabilities ; and as regards monitoring , auditing and testing : monitoring and logging policies , exercise contingency plans , network and service testing , security assessments and compliance monitoring ; and compliance with international standards . in a situation of security breach , end - users should be informed accordingly of any potential risks and possible protective measures or remedies which they can use .


### massive growth in radio spectrum demand , and in end - user demand for wireless broadband capacity , calls for solutions allowing alternative , complementary , spectrally efficient access solutions , including low - power wireless access systems with a small - area operating range such as radio local area networks and networks of low - power small - size cellular access points . such complementary wireless access systems , in particular publicly accessible rlan access points , increase access to the internet for end - users and mobile traffic off - loading for mobile operators . rlans use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right . most rlan access points are so far used by private users as local wireless extension of their fixed broadband connection . end - users , within the limits of their own internet subscription , should not be prevented from sharing access to their rlan with others , so as to increase the number of available access points , particularly in densely populated areas , maximise wireless data capacity through radio spectrum re - use and create a cost - effective complementary wireless broadband infrastructure accessible to other end - users . therefore , unnecessary restrictions to the deployment and interlinkage of rlan access points should also be removed . public authorities or public service providers , who use rlans in their premises for their personnel , visitors or clients , for example to facilitate access to e - government services or for information on public transport or road traffic management , could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises , to the extent allowed by competition and public procurement rules . moreover , the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non - commercial basis or as an ancillary service to another activity that is not dependant on such access can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end - users or interconnection . however , such provider should remain subject to the liability rules of article 12 of directive 2000 / 31 / ec on electronic commerce35 . further technologies such as lifi are emerging that will complement current radio spectrum capabilities of rlans and wireless access point to include optical visible light - based access points and lead to hybrid local area networks allowing optical wireless communication . __________________ 35 directive2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market , . ### massive growth in radio spectrum demand , and in end - user demand for wireless broadband capacity , calls for solutions allowing alternative , complementary , spectrally efficient access solutions , including low - power wireless access systems with a small - area operating range such as radio local area networks and networks of low - power small - size cellular access points . such complementary wireless access systems , in particular publicly accessible rlan access points , increase access to the internet for end - users and mobile traffic off - loading for mobile operators . rlans use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right . most rlan access points are so far used by private users as local wireless extension of their fixed broadband connection . end - users , within the limits of their own internet subscription , should not be prevented from sharing access to their rlan with others , so as to increase the number of available access points , particularly in densely populated areas , maximise wireless data capacity through radio spectrum re - use and create a cost - effective complementary wireless broadband infrastructure accessible to other end - users . providers shall ensure that such access is given with the explicit consent of end - users , is not detrimental to the conditions of an end - users ' own access and liability is not born by the end - user giving the access to their network located at the end - user ' s premises . in addition , public authorities or public service providers , who use rlans in their premises for their personnel , visitors or clients , for example to facilitate access to e - government services or for information on public transport or road traffic management , could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises , to the extent allowed by competition and public procurement rules . moreover , the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non - commercial basis or as an ancillary service to another activity that is not dependant on such access can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end - users or interconnection . however , such provider should remain subject to the liability rules of article 12 of directive 2000 / 31 / ec on electronic commerce35 . further technologies such as lifi are emerging that will complement current radio spectrum capabilities of rlans and wireless access point to include optical visible light - based access points and lead to hybrid local area networks allowing optical wireless communication . __________________ 35 directive2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market , .


### affordable price means a price defined by member states at national level in the light of specific national conditions , and may involve special tariff options or packages to deal with the needs of low - income users or users with special social needs , including the elderly , the disabled and the end - users living in rural or geographically isolated areas . these offers should be provided with basic features , in order to avoid distortion of the functioning of the market . affordability for individual end - users should be founded upon their right to contract with an undertaking , availability of a number , continued connection of service and their ability to monitor and control their expenditure . ### affordable price means a price defined by member states at national level in the light of specific national conditions , and should involve special social tariff options or packages to deal with the needs of low - income users or users with special social needs . these end - users may include older people , persons with disabilities and the consumers living in rural or geographically isolated areas . these offers should be provided with basic features , in order to avoid distortion of the functioning of the market and to ensure their right to access publicly available electronic communication services . affordability for individual consumers should be founded upon their right to contract with a provider , availability of a number , continued connection of service and their ability to monitor and control their expenditure .


### it should no longer be possible to refuse end - users access to the minimum set of connectivity services . a right to contract with an undertaking should mean that end - users who might face refusal , in particular those with low incomes or special social needs , should have the possibility to enter into a contract for the provision of affordable functional internet access and voice communications services at least at a fixed location with any undertaking providing such services in that location . in order to minimise the financial risks such as non - payment of bills , undertakings should be free to provide the contract under pre - payment terms , on the basis of affordable individual pre - paid units . ### it should no longer be possible to refuse consumers access to the minimum set of connectivity services . a right to contract with a provider should mean that consumers who might face refusal , in particular those with low incomes or special social needs , should have the possibility to enter into a contract for the provision of affordable internet access and voice communications services at least at a fixed location with any provider of such services in that location . in order to minimise the financial risks such as non - payment of bills , providers should be free to provide the contract under pre - payment terms , on the basis of affordable individual pre - paid units .


### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for disabled end - users , including equipment with assistive technologies . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for disabled end - users under normal economic conditions . _________________ 38 oj c [ … ] , [ … ] , p . [ … ] . ### member states should introduce measures to promote the creation of a market for affordable and accessible products and services incorporating facilities for end - users with disabilities , including when necessary assistive technologies interoperable with publicly available electronic communication equipment and services . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable and accessible products and services incorporating facilities for end - users with disabilities under normal economic conditions . _________________ 38 oj c [ … ] , [ … ] , p . [ … ] .


### the market has a leading role to play in ensuring availability of broadband internet access with constantly growing capacity . in areas where the market would not deliver , other public policy tools to support availability of functional internet access connections appear , in principle , more cost - effective and less market - distortive than universal service obligations , for example recourse to financial instruments such as those available under efsi and cef , the use of public funding from the european structural and investment funds , attaching coverage obligations to rights of use for radio spectrum to support the deployment of broadband networks in less densely populated areas and public investment in conformity with union state aid rules . ### the market has a leading role to play in ensuring availability of broadband internet access with constantly growing capacity . in areas where the market would not deliver , other public policy tools to support availability of internet access connections appear , in principle , more cost - effective and less market - distortive than universal service obligations , for example recourse to financial instruments such as those available under efsi and cef , the use of public funding from the european structural and investment funds , attaching coverage obligations to rights of use for radio spectrum to support the deployment of broadband networks in less densely populated areas and public investment in conformity with union state aid rules . however , this directive should still give member states the option of applying universal service obligations as a potential measure to ensure the availability of internet access if the member state concerned considers this to be necessary .


### if after carrying out a due assessment , taking into account the results of the geographical survey of networks deployment conducted by the national regulatory authority , it is shown that neither the market nor public intervention mechanisms are likely to provide end - users in certain areas with a connection capable of delivering functional internet access service as defined by member states in accordance with article 79 and voice communications services at a fixed location , the member state should be able to exceptionally designate different undertakings or sets of undertakings to provide these services in the different relevant parts of the national territory . universal service obligations in support of availability of functional internet access service may be restricted by member states to the end - user’s primary location or residence . there should be no constraints on the technical means by which the functional internet access and voice communications services at a fixed location are provided , allowing for wired or wireless technologies , nor any constraints on which operators provide part or all of universal service obligations . ### if after carrying out a due assessment , taking into account the results of the geographical survey of networks deployment conducted by the national regulatory authority , it is shown that neither the market nor public intervention mechanisms are likely to provide consumers in certain areas with a connection capable of delivering internet access service as defined by member states in accordance with article 79 and voice communications services at a fixed location , the member state should be able to exceptionally designate different providers or sets of providers of these services in the different relevant parts of the national territory . universal service obligations in support of availability of internet access service may be restricted by member states to the consumer’s primary location or residence . there should be no constraints on the technical means by which the internet access and voice communications services at a fixed location are provided , allowing for wired or wireless technologies , nor any constraints on which operators provide part or all of universal service obligations .


### member states should monitor the situation of end - users with respect to their use of functional internet access and voice communications services and in particular with respect to affordability . the affordability of functional internet access and voice communications services is related to the information which users receive regarding usage expenses as well as the relative cost of usage compared to other services , and is also related to their ability to control expenditure . affordability therefore means giving power to consumers through obligations imposed on undertakings . these obligations include a specified level of itemised billing , the possibility for consumers selectively to block certain calls , the possibility for consumers to control expenditure via pre - payment means and the possibility for consumers to offset up - front connection fees . such measures may need to be reviewed and changed in the light of market developments . ### member states should monitor the situation of consumers with respect to their use of internet access and voice communications services and in particular with respect to affordability . the affordability of internet access and voice communications services is related to the information which consumers receive regarding usage expenses as well as the relative cost of usage compared to other services , and is also related to their ability to control expenditure . affordability therefore means giving power to consumers through obligations imposed on providers . these obligations include a specified level of itemised billing , the possibility for consumers selectively to block certain calls , the possibility for consumers to control expenditure via pre - payment means and the possibility for consumers to offset up - front connection fees . such measures may need to be reviewed and changed in the light of market developments .


### where the provision of functional internet access and voice communications services or the provision of other universal services in accordance with article 85 result in an unfair burden on an undertaking , taking due account of the costs and revenues as well as the intangible benefits resulting from the provision of the services concerned , that unfair burden can be included in any net cost calculation of universal obligations . ### where the provision of internet access and voice communications services or the provision of other universal services in accordance with article 82 result in an unfair burden on a provider , taking due account of the costs and revenues as well as the intangible benefits resulting from the provision of the services concerned , that unfair burden can be included in any net cost calculation of universal obligations .


### the specificities of the electronic communications sector require , beyond horizontal contract rules , a limited number of additional end - user protection provisions . end - users should inter alia be informed of any quality of service levels offered , , conditions for promotions and termination of contracts , applicable tariff plans and tariffs for services subject to particular pricing conditions . that information is relevant for most publicly available electronic communications services but not for number - independent interpersonal communications services . in order to enable the end - user to make a well - informed choice , it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language . for the same reason , providers should present a summary of the essential contract terms . in order to facilitate comparability and reduce compliance cost , berec should issue a template for such contract summaries . ### the specificities of the electronic communications sector require , beyond horizontal contract rules , a limited number of additional end - user protection provisions . end - users should inter alia be informed of any quality of service levels offered , conditions for promotions and termination of contracts , applicable tariff plans and tariffs for services subject to particular pricing conditions . that information is relevant for internet access services , publicly available interpersonal communications services and transmission services used for broadcasting . a provider of publicly available electronic communications services should not be subject to the obligations on information requirements for contracts where the provider , and affiliated companies or persons , do not receive any remuneration directly or indirectly linked to the provision of electronic communications services . such a situation could , for example , concern a university giving visitors free access to its wi - fi network on the campus without receiving any kind of remuneration for the provision of its electronic communications service , neither through payment from the users nor through advertising revenues . in order to enable the end - user to make a well - informed choice , it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language . for the same reason , providers should present a summary of the essential contract terms . in order to facilitate comparability and reduce compliance cost , the commission should , after consulting berec , adopt a template for such contract summaries . the pre - contractual information as well as the summary template should constitute an integral part of the final contract .


### bundles comprising publicly available electronic communications services other than number - independent interpersonal communications services , and other services such as linear broadcasting , or goods such as devices , have become increasingly widespread and are an important element of competition . while they often bring about benefits for end - users , they can make switching more difficult or costly and raise risks of contractual ' lock - in ' . where divergent contractual rules on contract termination and switching apply to the different services , and to any contractual commitment regarding acquisition of products which form part of a bundle , consumers are effectively hampered in their rights under this directive to switch to competitive offers for the entire bundle or parts of it . the provisions of this directive regarding contracts , transparency , contract duration and termination and switching should , therefore , apply to all elements of a bundle , except to the extent that other rules applicable to the non - electronic communications elements of the bundle are more favourable to the consumer . other contractual issues , such as the remedies applicable in the event of non - conformity with the contract , should be governed by the rules applicable to the respective element of the bundle , for instance by the rules of contracts for the sales of goods or for the supply of digital content . for the same reasons consumers should not be locked in with a provider by means of a contractual de facto extension of the initial contract period . ### bundles comprising at least publicly available electronic communications services other than number - independent interpersonal communications services , and other services such as linear broadcasting , or terminal equipment such as devices offered by the same provider and contracted jointly , have become increasingly widespread and are an important element of competition . a bundle for the purpose of this article is to be understood as consisting of an internet access service provided together with a number - based interpersonal communications services or of an internet access service and / or a number - based interpersonal communications service with different but complementary services with the exception of transmission services used for the provision of machine - to - machine services and / or terminal equipment provided by the same provider either i ) under the same contract , or ii ) under the same and subordinate contracts or iii ) under the same and under linked contracts provided for a single combined price . while bundles often bring about benefits for consumers , they can make switching more difficult or costly and raise risks of contractual ' lock - in ' . where divergent contractual rules on contract termination and switching apply to the different services , and to any contractual commitment regarding acquisition of products which form part of a bundle , consumers are effectively hampered in their rights under this directive to switch to competitive offers for the entire bundle or parts of it . the provisions of this directive regarding contracts , transparency , contract duration and termination and switching should , therefore , apply to all elements of a bundle , except to the extent that other rules applicable to the non - electronic communications elements of the bundle are more favourable to the consumer . other contractual issues , such as the remedies applicable in the event of non - conformity with the contract , should be governed by the rules applicable to the respective element of the bundle , for instance by the rules of contracts for the sales of goods or for the supply of digital content . for the same reasons consumers should not be locked in with a provider by means of a contractual de facto extension of the contract period . member states should retain the discretion to further legislative elements related to a bundle in cases where their nature implies different regulatory treatment , for example because those elements are addressed by other sector - specific regulation or in order to adapt to changes in market practices .


### end - users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment , from any device which enables number - based interpersonal communications services , including when using roaming services in a member state . emergency communications are means of communication , that include not only voice communications but also sms , messaging , video or other types of communications , that are enabled in a member state to access emergency services . emergency communication can be triggered on behalf of a person by the ecall in - vehicle system as defined by regulation 2015 / 758 / eu of the european parliament and of the council41 . __________________ 41 regulation 2015 / 758 / eu of the european parliament and of the council concerning type - approval requirements for the ecall in - vehicle system based on the 112 service and amending directive 2007 / 46 / ec ### end - users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment , from any device which enables number - based interpersonal communications services , including when using roaming services in a member state or through a private telecommunications networks . emergency communications are means of communication , that include not only voice communications but also real - time text , video or other types of communications , including through the use of third party relay services , that are enabled in a member state to access emergency services . emergency communication can be triggered on behalf of a person by the ecall in - vehicle system as defined by regulation 2015 / 758 / eu of the european parliament and of the council41 . it should , however , be for the member states to decide which number - based interpersonal communications services are appropriate for emergency services , including the possibility to limit those options to voice communications and their equivalent for end - users with disabilities or to add additional options as agreed with national psaps . in order to take into account future technological developments or an increased use of number - independent interpersonal communications services , the commission should assess the feasibility of providing accurate and reliable access to emergency services through number - independent interpersonal communications services , after consultation with national regulatory authorities , emergency services , standardisation bodies and other relevant stakeholders . __________________ 41 regulation 2015 / 758 / eu of the european parliament and of the council concerning type - approval requirements for the ecall in - vehicle system based on the 112 service and amending directive 2007 / 46 / ec


### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to disabled end - users , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users . this could involve the provision of special terminal devices . ### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to end - users with disabilities , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users through total conversation services or the use of third party relay services interoperable with the telephony networks across the eu . this could also involve the provision of special terminal devices people with disabilities when the abovementioned ways of communication are not suitable for them .


### caller location information improves the level of protection and the security of end - users and assists the emergency services in the discharge of their duties , provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of psaps . the reception and use of caller location information should comply with relevant union law on the processing of personal data . undertakings that provide network - based location should make caller location information available to emergency services as soon as the call reaches that service , independently of the technology used . however handset - based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the egnos and galileo satellite system and other global navigation satellite systems and wi - fi data . therefore handset - derived caller location information should complement network - based location information even if the handset - derived location may become available only after the emergency communication is set up . member states should ensure that the psaps are able to retrieve and manage the caller location information available . the establishment and transmission of caller location information should be free of charge for both the end - user and the authority handling the emergency communication irrespective of the means of establishment , for example through the handset or the network , or the means of transmission , for example through voice channel , sms or internet protocol - based . ### caller location information improves the level of protection and the security of end - users and assists the emergency services in the discharge of their duties , provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of psaps . the reception and use of caller location information , which includes both network - based location information and where available , enhanced handset caller location information should comply with relevant union law on the processing of personal data and security measures . undertakings that provide network - based location should make caller location information available to emergency services as soon as the call reaches that service , independently of the technology used . however handset - based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the egnos and galileo satellite system and other global navigation satellite systems and wi - fi data . therefore handset - derived caller location information should complement network - based location information even if the handset - derived location may become available only after the emergency communication is set up . member states should ensure that the psaps are able to retrieve and manage the caller location information available , where feasible . the establishment and transmission of caller location information should be free of charge for both the end - user and the authority handling the emergency communication irrespective of the means of establishment , for example through the handset or the network , or the means of transmission , for example through voice channel , sms or internet protocol - based .


### in order to ensure that disabled end - users benefit from competition and the choice of service providers enjoyed by the majority of end - users , relevant national authorities should specify , where appropriate and in light of national conditions , consumer protection requirements for disabled end - users to be met by undertakings providing publicly available electronic communications services . such requirements can include , in particular , that undertakings ensure that disabled end - users take advantage of their services on equivalent terms and conditions , including prices , tariffs and quality , as those offered to their other end - users , irrespective of any additional costs incurred by these undertakings . other requirements can relate to wholesale arrangements between undertakings . in order to avoid creating an excessive burden on service providers national regulatory authorities should verify , whether the objectives of equivalent access and choice can actually be achieved without such measures . ### member states should ensure that end - users with disabilities enjoy equivalent access and choice to electronic communication services , in line with the un convention on the rights of persons with disabilities and the universal design approach . in particular , in order to ensure that end - users with disabilities benefit from competition and the choice of service providers enjoyed by the majority of end - users , relevant national authorities should specify , where appropriate and in light of national conditions , and after consulting representative organisations of persons with disabilities , consumer protection requirements for end - users with disabilities to be met by providers of publicly available electronic communications services and related terminal equipment . such requirements can include , in particular , that providers ensure that end - users with disabilities take advantage of their services on equivalent terms and conditions , including prices , tariffs and quality , and access to related terminal equipment as those offered to their other end - users , irrespective of any additional costs incurred by these providers . other requirements can relate to wholesale arrangements between providers . in order to avoid creating an excessive burden on service providers national regulatory authorities should verify , whether the objectives of equivalent access and choice can actually be achieved without such measures .


### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations , but 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 and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration . ### member states should be able to lay down proportionate and transparent obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations , to meet general interest objectives clearly defined by member states in conformity with union law . ‘ must carry’ obligations may be applied to specified radio broadcast channels , audiovisual media services and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives , such as media pluralism and cultural diversity . such requirements should include high - quality reception of the specified services . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration . ' must carry ' obligations must be laid down independently and must in no way undermine the right of holders of copyright and related rights to fair remuneration for the use of their protected works on the network concerned .


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


### on the other hand , it is to ensure the provision throughout the union of good - quality , affordable , publicly available services through effective competition and choice , to deal with circumstances in which the needs of end - users , including disabled users , are not satisfactorily met by the market and to lay down the necessary end - user rights . ### on the other hand , it is to ensure the provision throughout the union of good - quality , affordable , publicly available services through effective competition and choice , to deal with circumstances in which the needs of end - users , including users with disabilities in order to access the services on an equal basis with others , are not satisfactorily met by the market and to lay down the necessary end - user rights .


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


### national regulatory authorities may make available information tools to end - users , in order to assist them to determine the availability of connectivity in different areas , with a level of detail which is useful to support their choice in terms of connectivity services , in line with national regulatory authority´s obligations regarding the protection of confidential information and business secrets . ### if the relevant information for end - users is not available on the market , national regulatory authorities may make available information tools to end - users , in order to assist them to determine the availability of connectivity in different areas , with a level of detail which is useful and sufficiently comprehensive to support their choice in terms of connectivity services , in line with national regulatory authority´s obligations regarding the protection of confidential information and business secrets .


### member states shall ensure as far as appropriate that national regulatory authorities take account of the views of end - users , consumers , manufacturers and undertakings that provide electronic communications networks and / or services on issues related to all end - user and consumer rights concerning publicly available electronic communications services , in particular where they have a significant impact on the market . ### member states shall ensure as far as appropriate that national regulatory authorities take account of the views of end - users , consumers , manufacturers and undertakings that provide electronic communications networks and / or services on issues related to all end - user and consumer rights , including equivalent access and choice for end - users with disabilities , concerning publicly available electronic communications services , in particular where they have a significant impact on the market .


### member states shall ensure that consumers have access to transparent , non - discriminatory , simple , fast , fair and inexpensive out - of - court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number - independent interpersonal communications services , arising under this directive and relating to the contractual conditions and / or performance of contracts concerning the supply of those networks and / or services . member states shall enable the national regulatory authority to act as a dispute settlement entity . such procedures shall comply with the quality requirements set out in chapter ii of directive 2013 / 11 / eu . member states may grant access to such procedures to other end - users , in particular micro and small enterprises . ### member states shall ensure that consumers , including persons with disabilities have access to transparent , non - discriminatory , simple , fast , fair and inexpensive out - of - court procedures for their unresolved disputes with undertakings providing publicly available electronic communications networks and services , arising under this directive and relating to the contractual conditions and / or performance of contracts concerning the supply of those networks and / or services . providers of publicly available electronic communications networks and services shall not refuse consumer ' s request to resolve a dispute with the consumer through an out - of - court dispute resolution on the basis of clear and efficient procedures and guidelines . member states shall enable the national regulatory authority to act as a dispute settlement entity . such procedures shall comply with the quality requirements set out in chapter ii of directive 2013 / 11 / eu . member states may grant access to such procedures to other end - users , in particular micro and small enterprises .


### numbering , including number ranges , portability of numbers and identifiers , number and address translation systems , and access to 112 emergency services . ### numbering , including number ranges , portability of numbers and identifiers , number and address translation systems , interoperability of total conversation services and access to 112 emergency services , including for persons with disabilities .


### competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public , through radio local area networks , which may be located at an end - user ' s premises , subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end - user . ### competent authorities may not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public , through radio local area networks , which may be located at an end - user ' s premises , subject to compliance with the applicable general authorisation to the prior informed and explicit agreement of the end - user and to the condition that the bandwidth contracted by the end - user shall not be impacted / reduced . end - users that agree to make available publicly available radio local area networks deliver through their terminal equipment and / or that use the electronic communication service they are a subscriber of , shall never be deemed liable for any activity undertaking by another person or legal entity connected through the radio local area network .


### to the extent that is necessary to ensure accessibility for end - users to digital radio and television broadcasting services specified by the member state , obligations on operators to provide access to the other facilities referred to in annex ii , part ii on fair , reasonable and non - discriminatory terms . ### to the extent that is necessary to ensure accessibility for end - users , including for end - users with disabilities , to digital radio and television broadcasting services specified by the member state , obligations on operators to provide access to the other facilities referred to in annex ii , part ii on fair , reasonable and non - discriminatory terms .


### where member states establish that , in the light of national conditions , retail prices for services identified in article 79 are not affordable , because low - income or special social needs end - users are prevented from accessing such services , they may require undertakings which provide such services to offer to those end - users tariff options or packages different from those provided under normal commercial conditions . to that end , member states may require such undertakings to apply common tariffs , including geographic averaging , throughout the territory . member states shall ensure that end - users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in article 79 and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service . ### where member states establish that , in the light of national conditions , retail prices for services identified in article 79 are not affordable , because low - income or special social needs consumers are prevented from accessing such services , they shall require providers of such services to offer to those consumers tariff options or packages different from those provided under normal commercial conditions . to that end , member states shall require such undertakings to apply common tariffs , including geographic averaging , throughout the territory . member states shall ensure that consumers entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in article 79 . member states shall also ensure that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service .


### member states may , in the light of national conditions , ensure that support is provided to low - income or special social needs end - users in view of ensuring affordability of functional internet access and voice communications services at least at a fixed location . ### member states may , in the light of national conditions , ensure that further support is provided to low - income or special social needs consumers in view of ensuring affordability of internet access and voice communications services at least at a fixed location . in addition , member states may also ensure support is provided to low - income or special social needs consumers for mobile services , where they deem this to be necessary to ensure a consumer ' s full social and economic participation in society .


### member states shall ensure , in the light of national conditions , that support is provided as appropriate to end - users with disabilities , or that other specific measures are taken , in view of ensuring that related terminal equipment , specific equipment and specific services enhancing equivalent access are affordable . ### member states shall ensure , in the light of national conditions , that support is provided as appropriate to consumers with disabilities , and that other specific measures are taken , in view of ensuring that related terminal equipment is accessible for persons with disabilities , and specific equipment and specific services enhancing equivalent access are available and affordable . the average cost of the relay services for consumers with disabilities shall be equivalent to that of voice communication services pursuant to article 79 .


### where a member state has duly demonstrated , account taken of the results of the geographical survey conducted in accordance with article 22 , that the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools , it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory . ### where a member state has established , taking into account of the results of the geographical survey , where available , conducted in accordance with article 22 , or where the national regulatory authority is satisfied with alternative evidence , that the availability at a fixed location of internet access service as defined in accordance with article 79 and of voice communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools in its national territory or different parts thereof , it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in the relevant parts of its territory .


### member states shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service , whilst respecting the principles of objectivity , transparency , non - discrimination and proportionality . they shall seek to minimise market distortions , in particular the provision of services at prices or subject to other terms and conditions which depart from normal commercial conditions , whilst safeguarding the public interest . ### member states shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of internet access service as defined in accordance with article 79 and of voice communications service , whilst respecting the principles of objectivity , transparency , non - discrimination and proportionality . this may include making available internet access service and voice communications service through wired or wireless technologies . they shall seek to minimise market distortions , in particular the provision of services at prices or subject to other terms and conditions which depart from normal commercial conditions , whilst safeguarding the public interest .


### in particular , where member states decide to impose obligations to ensure the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service , they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with article 79 and of voice communications service in order to cover all the national territory . member states may designate different undertakings or sets of undertakings to provide functional internet access and voice communications services at a fixed location and / or to cover different parts of the national territory . ### in particular , where member states decide to impose obligations to ensure the availability at a fixed location of internet access service as defined in accordance with article 79 and of voice communications service , they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with article 79 and of voice communications service in order to cover all the national territory . member states may designate different undertakings or sets of undertakings to provide internet access and voice communications services at a fixed location and / or to cover different parts of the national territory .


### when member states designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service , they shall do so using an efficient , objective , transparent and non - discriminatory designation mechanism , whereby no undertaking is a priori excluded from being designated . such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost - effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with article 84 . ### when member states designate providers in part or all of the national territory as providers having the obligation to ensure the availability at a fixed location of internet access service as defined in accordance with article 79 and of voice communications service , they shall do so using an efficient , objective , transparent and non - discriminatory designation mechanism , whereby no provider is a priori excluded from being designated . such designation methods shall ensure that internet access and voice communications services at a fixed location are provided in a cost - effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with article 84 .


### member states may continue to ensure the availability or affordability of other services than functional internet access service as defined in accordance with article 79 and voice communications service at a fixed location that were in force prior to [ set date ] , if the need for such services is duly demonstrated in the light of national circumstances . when member states designate undertakings in part or all of the national territory for the provision of those services , article 81 shall apply . financing of these obligations shall comply with article 85 . ### member states may continue to ensure the availability or affordability of other services than internet access service as defined in accordance with article 79 and voice communications service at a fixed location that were in force prior to [ set date ] , if the need for such services is established in the light of national circumstances . when member states designate providers in part or all of the national territory for the provision of those services , article 81 shall apply . financing of these obligations shall comply with article 85 .


### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide ### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide : a ) to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds ; and / or to share the net cost of universal service obligations between providers of electronic communications networks and services and those undertakings providing information society services as defined in directive 2000 / 31 / ec and which account for a large broadband consumption .


### member states shall promote the over –the - air provisioning of numbering resources , - where technically feasible - to facilitate change of providers of electronic communications networks or services by end - users other than consumers , in particular providers and users of machine - to - machine services . . ### member states shall promote the over –the - air provisioning of numbering resources , - where technically feasible - to facilitate switching of providers of electronic communications networks or services by end - users , in particular providers and users of machine - to - machine services . .


### without prejudice to the right of end - users to use terminal equipment of their choice in accordance with article 3 of regulation 2015 / 2120 / ec , any restrictions imposed by the provider on the use of terminal equipment supplied ; ### without prejudice to the right of end - users to use terminal equipment of their choice in accordance with article 3 of regulation 2015 / 2120 / ec , any fees and restrictions imposed by the provider on the use of terminal equipment supplied and , where appropriate , brief technical information for the proper functioning of the equipment chosen by the consumer ;


### any compensation and refund arrangements , which apply if contracted service quality levels are not met ; ### any compensation and refund arrangements , including where applicable , explicit reference to statutory rights of consumers , which apply if contracted service quality levels are not met or if a security incident , notified to the provider , takes place due to known software or hardware vulnerabilities for which patches have been issued by the manufacturer or developer and the service provider has not applied those patches or taken any other appropriate counter - measure ;


### details of tariff plans under the contract and , where applicable , the volumes of communications included per billing period , and the price for additional communication units , ### details of specific tariff plan or plans under the contract and , for each such tariff plan the types of services offered , including where applicable , the volumes of communications included per billing period , and the price for additional communication units ,


### any charges related to switching and the portability of numbers and other identifiers and compensation and refund arrangements for delay or abuse of switching , ### any procedures and charges related to switching and the portability of numbers and other identifiers and compensation and refund arrangements for delay or abuse of switching ,


### any charges due on early termination of the contract , including any cost recovery with respect to terminal equipment and other promotional advantages , ### any charges due on early termination of the contract , including information on unlocking the terminal equipment and any cost recovery with respect to terminal equipment ,


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


### national regulatory authorities may require providers of internet access services and of publicly available number - based interpersonal communications services to publish comprehensive , comparable , reliable , user - friendly and up - to - date information for end - users on the quality of their services and on measures taken to ensure equivalence in access for disabled end - users . that information shall , on request , be supplied to the national regulatory authority in advance of its publication . ### national regulatory authorities may require providers of internet access services and of publicly available interpersonal communications services to publish comprehensive , comparable , reliable , user - friendly and up - to - date information for end - users on the quality of their services to the extent that they offer minimum levels of service quality and on measures taken to ensure equivalence in access for disabled end - users . that information shall , on request , be supplied to the national regulatory authority in advance of its publication . such measures to ensure quality of service shall be in compliance with regulation 2015 / 2120 . providers of publicly available interpersonal communication services shall inform the consumer , if the quality of services they provide depends on any external factors , such as control of signal transmission or network connectivity .


### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , do not mandate an initial commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the initial commitment period . this paragraph shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments for deployment of a physical connection . ### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and providers of publicly available internet access services , number - based interpersonal communications services and transmission services used for broadcasting , do not mandate a commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the contractual commitment period . member states may also require that providers offer consumers the possibility to subscribe to a contract with a maximum duration of 12 months or less . this paragraph shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments for deployment of a physical connection to very high capacity connectivity networks . an instalment contract for the deployment of a physical connection shall not include terminal equipment or internet access service equipment , such as a router or modem and shall not preclude consumers from exercising their rights under this article .


### in case of switching between providers of internet access services , the providers concerned shall provide the end - user with adequate information before and during the switching process and ensure continuity of the service . the receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end - user . the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated . loss of service during the switching process shall not exceed one working day . ### in case of switching between providers of electronic communications services , other than number - independent interpersonal communications services , the providers concerned shall provide the end - user with adequate information before and during the switching process and ensure continuity of the service . the receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end - user . the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated . loss of service during the switching process shall not exceed one working day .


### in case of switching between providers of internet access services , the providers concerned shall provide the end - user with adequate information before and during the switching process and ensure continuity of the service . the receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end - user . the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated . loss of service during the switching process shall not exceed one working day . national regulatory authorities shall ensure the efficiency of the switching process for the end - user . ### in the case of switching between providers of internet access services , the providers concerned shall provide the end - user with adequate information before and during the switching process and ensure continuity of the service . the receiving provider shall lead the switching process to ensure that the activation of the service shall occur on the date and within the timeframe expressly agreed with the end - user . the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated . loss of service during the switching process shall not exceed one working day where both providers use the same technological means . where the providers use different technological means , they shall endeavour to limit loss of service during the switching process to one working day , unless a longer period , which shall not exceed two working days , is duly justified . national regulatory authorities shall ensure the efficiency and simplicity of the switching process for the end - user .


### member states shall ensure that all end - users with numbers from the national telephone numbering plan who so request can retain their number independently of the undertaking providing the service in accordance with the provisions of part c of annex vi . ### member states shall ensure that all end - users with numbers from the national telephone numbering plan who so request shall have the right to retain their number independently of the undertaking providing the service in accordance with the provisions of part c of annex vi .


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


### member states shall ensure that access for disabled end - users to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services through emergency communications whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . ### member states shall ensure that access for end - users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users , including through total conversation services or third - party relay services . the commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end - users with disabilities can access emergency services on an equivalent basis with others , whilst travelling in another member state , where feasible , without any pre - registration . these measures shall seek to ensure interoperability across member states and shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article .


### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for disabled end - users and routing to the most appropriate psap . ### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall , after consulting berec , be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for end - users , accessibility for persons with disabilities and routing to the most appropriate psap . the commission shall maintain a database of e . 164 numbers of european emergency services to ensure that they are able to contact each other from one member state to another .


### member states shall ensure that the competent authorities specify , where appropriate , requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end - users : ### member states shall ensure that the competent authorities specify requirements to be met by providers of publicly available electronic communications services to ensure that end - users with disabilities :


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access to content and electronic programming guide for end - users with disabilities and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks and services use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . member states shall only impose ' must carry ' obligations on analogue television broadcast transmissions where a lack of such an obligation would cause a significant disturbance for a significant number of end - users or where there are no other transmission means for specified television broadcast channels . ' must carry ' obligations referred to in the first subparagraph shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


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


### a member state shall waive paragraph 1 in all or part of its territory if it considers , after taking into account the views of interested parties , that there is sufficient access to these facilities . ### a member state may decide to waive paragraph 1 in all or part of its territory if it considers , after taking into account the views of interested parties , that there is sufficient access to these facilities .


### 5 . if the undertaking is a provider of number - based interpersonal communications services , information on access to emergency services and caller location information . ### 5 . provide end - users with information on access to emergency services and caller location . if the undertaking is a provider of number - based interpersonal communications services , information on access to or on any limitations on the provision of emergency services and caller location information .


### any digital television set with an integral screen of visible diagonal greater than 30 cm which is put on the market for sale or rent in the union is to be fitted with at least one open interface socket permitting simple connection of peripherals , and able to pass all relevant elements of a digital television signal , including information relating to interactive and conditionally accessed services . ### any digital television set with an integral screen of visible diagonal greater than 30 cm which is put on the market for sale or rent in the union is to be fitted with at least one open interface socket permitting simple connection of peripherals , and able to pass all relevant elements of a digital television signal , including information relating to interactive and conditionally accessed services . terminal equipment of digital television sets needs to be interoperable where technically feasible so that it can be easily reusable with other providers .


### the existing good operative cooperation between the national central banks and the national statistical institutes and between eurostat and the european central bank is an asset that should be continued and further developed in the light of improving the overall harmonisation and quality of balance of payments statistics , financial statistics , government finance statistics , macro - economic statistics and national accounts . the ncbs would continue to be closely involved in the preparation of all the decisions related to bop , its and fdi via their participation in the relevant commission expert group responsible for bop , its and fdi . the strategic cooperation between the ess and escb is coordinated in the european statistical forum , established via a memorandum of understanding on the cooperation between the members of the european statistical system and the members of the european system of central banks10 signed on 24 april 2013 . __________________ 10 http : / / epp . eurostat . ec . europa . eu / cache / ity_public / mou_ess_escb / en / mou_ess_escb - en . pdf ### the existing good operative cooperation between the national central banks and the national statistical institutes and between eurostat and the european central bank is an asset that should be continued and further developed in the light of improving the overall harmonisation and quality of balance of payments statistics , financial statistics , government finance statistics , macro - economic statistics and national accounts . the ncbs would be closely involved in the preparation of all the decisions related to bop via their participation in the relevant expert groups . the cooperation is coordinated in the european statistical forum and the cmfb . __________________ 10 http : / / epp . eurostat . ec . europa . eu / cache / ity_public / mou_ess_escb / en / mou_ess_escb - en . pdf


### the existing good operative cooperation between the national central banks and the national statistical institutes and between eurostat and the european central bank is an asset that should be continued and further developed in the light of improving the overall harmonisation and quality of balance of payments statistics , financial statistics , government finance statistics , macro - economic statistics and national accounts . the ncbs would continue to be closely involved in the preparation of all the decisions related to bop , its and fdi via their participation in the relevant commission expert group responsible for bop , its and fdi . the strategic cooperation between the ess and escb is coordinated in the european statistical forum , established via a memorandum of understanding on the cooperation between the members of the european statistical system and the members of the european system of central banks10 signed on 24 april 2013 . __________________ 10 http : / / epp . eurostat . ec . europa . eu / cache / ity_public / mou_ess_escb / en / mou_ess_escb - en . pdf ### the existing good operative cooperation between the national central banks and the national statistical institutes and between eurostat and the european central bank is an asset that should be continued and further developed in the light of improving the overall harmonisation and quality of balance of payments statistics , financial statistics , government finance statistics , macro - economic statistics and national accounts . the nsis and ncbs would continue to be closely involved in the preparation of all the decisions related to bop , its and fdi via their participation in the relevant expert group responsible for bop , its and fdi . the cooperation between the ess and escb is coordinated in the european statistical forum , established via a memorandum of understanding on the cooperation between the members of the european statistical system and the members of the european system of central banks10 signed on 24 april 2013 . __________________ 10 http : / / epp . eurostat . ec . europa . eu / cache / ity_public / mou_ess_escb / en / mou_ess_escb - en . pdf


### the agency should be responsible for carrying out pilot projects , in accordance with article 54 of regulation no 966 / 2012 of the european parliament and of the council60 . the agency may in addition be entrusted by the commission with budget implementation tasks for proofs of concept funded under the instrument for financial support for external borders and visa provided for in regulation no 515 / 2014 of the european parliament and of the council61 in accordance with article 58 of regulation no 966 / 2012 . the agency may also plan and implement testing activities on matters strictly covered by this regulation and the legislative instruments governing the development , establishment , operation and use of the large - scale it systems managed by the agency . when tasked with carrying out a pilot project , the agency should pay particular attention to the european union information management strategy . _________________ 60 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 . 61 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing , as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec . ### the agency should be responsible for carrying out pilot projects , in accordance with article 54 of regulation no 966 / 2012 of the european parliament and of the council60 . the agency may in addition be entrusted by the commission , following the approval of the budgetary authority , with budget implementation tasks for proofs of concept funded under the instrument for financial support for external borders and visa provided for in regulation no 515 / 2014 of the european parliament and of the council61 in accordance with article 58 of regulation no 966 / 2012 . the agency may also plan and implement testing activities on matters strictly covered by this regulation and the legislative instruments governing the development , establishment , operation and use of the large - scale it systems managed by the agency . when tasked with carrying out a pilot project , the agency should pay particular attention to the european union information management strategy . _________________ 60 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 . 61 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing , as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec .


### the member states and the commission should be represented on a management board , in order to control the functions of the agency effectively . the management board should be entrusted with the necessary functions , in particular to adopt the annual work programme , carry out its functions relating to the agency’s budget , adopt the financial rules applicable to the agency , appoint an executive director and establish procedures for taking decisions relating to the operational tasks of the agency by the executive director . the agency should be governed and operated taking into account the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the commission . ### the member states and the commission should be represented on a management board , in order to control the functions of the agency effectively . the management board should be entrusted with the necessary functions , in particular to adopt the annual work programme , carry out its functions relating to the agency’s budget , adopt the financial rules applicable to the agency and establish procedures for taking decisions relating to the operational tasks of the agency by the executive director . following the appropriate selection procedure organised by the commission , and following a hearing of the proposed candidates in the competent committee of the european parliament , the management board should also appoint the executive director . the agency should be governed and operated taking into account the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the commission .


### the member states and the commission should be represented on a management board , in order to control the functions of the agency effectively . the management board should be entrusted with the necessary functions , in particular to adopt the annual work programme , carry out its functions relating to the agency’s budget , adopt the financial rules applicable to the agency , appoint an executive director and establish procedures for taking decisions relating to the operational tasks of the agency by the executive director . the agency should be governed and operated taking into account the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the commission . ### the member states and the commission should be represented on a management board , in order to control the functions of the agency effectively . the management board should be entrusted with the necessary functions , in particular to adopt the annual work programme , carry out its functions relating to establishing the strategy for managing the agency’s budget , adopt the financial rules applicable to the agency , appoint an executive director and establish procedures for taking decisions relating to the operational tasks of the agency by the executive director and check and assess the work of the executive director . the agency should be governed and operated taking into account the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the commission .


### member states should appoint a member to the advisory group concerning a large - scale it system , if they are bound under union law by any legislative instrument governing the development , establishment , operation and use of that particular system . denmark should , in addition , appoint a member to the advisory group concerning a large - scale it system , if it decides under article 4 of the protocol no 22 on the position of denmark to implement the legislative instrument governing the development , establishment , operation and use of that particular system in its national law . ### member states should appoint a member to the advisory group concerning a large - scale it system , if they are bound under union law by any legislative instrument governing the development , establishment , operation and use of that particular system .


### in order to ensure the transparent operation of the agency , regulation no 1049 / 2001 of the european parliament and of the council66 should apply to the agency . the agency should be as transparent as possible about its activities , without jeopardising the attainment of the objective of its operations . it should make public information on all of its activities . it should likewise ensure that the public and any interested party are rapidly given information with regard to its work . _________________ 66 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents . ### in order to ensure the transparent operation of the agency , regulation no 1049 / 2001 of the european parliament and of the council66 should apply to the agency . the agency should be as transparent as possible about its activities , without jeopardising the attainment of the objective of its operations . it should make public information on all of its activities , in line with the principle of transparency and in order to ensure the attainment of its objectives . it should likewise ensure that the public and any interested party are rapidly given information with regard to its work . _________________ 66 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents .


### since the objectives of this regulation , namely the establishment of an agency at union level responsible for the operational management and where appropriate the development of large - scale it systems in the area of freedom , security and justice cannot be sufficiently achieved by the member states and can therefore , by reason of the scale and effects of the action , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 teu . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary to achieve those objectives . ### since the objectives of this regulation , namely the establishment of an agency at union level responsible for the operational management and where appropriate the development of large - scale it systems in the area of freedom , security and justice cannot be sufficiently and effectively achieved by the member states and can therefore , by reason of the scale and effects of the action , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 teu . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary to achieve those objectives .


### the agency shall be responsible for the operational management of the schengen information system the visa information system and eurodac . ### the agency shall be responsible for the operational management of the schengen information system the visa information system and eurodac , in line with the principle of subsidiarity as laid down in article 5 teu .


### the development of large - scale scale it systems using an adequate project management structure for efficiently developing large - scale it systems ; ### the development of large - scale it systems using an adequate project management structure for efficiently developing large - scale it systems ;


### effective , secure and continuous operation of large - scale it systems ; ### effective , secure and continuous operation of large - scale it systems apt to ensure a continuous improvement in the quality of data ;


### an appropriate level of data and physical security , in accordance with the applicable rules , including specific provisions for each large - scale it system . ### an appropriate level of security , including the implementation of a proper information security risk management process .


### appropriate measures including security plans shall be adopted by the agency inter alia , to prevent the unauthorised reading , copying , modification or deletion of personal data during transfers of personal data or transport of data media , in particular by means of appropriate encryption techniques . all system - related operational information circulating in the communication infrastructure shall be encrypted . ### appropriate measures including security plans shall be adopted by the agency , inter alia , to prevent the unauthorised reading , copying , transfer , modification or deletion of personal data during transfers of personal data or transport of data media , in particular by means of appropriate encryption techniques . all system - related operational information circulating in the communication infrastructure shall be encrypted .


### the agency may plan and implement testing activities on matters covered by this regulation and the legislative instruments governing the development , establishment , operation and use of all large - scale it systems managed by the agency after a decision of the management board . ### the agency may plan and implement testing activities on the legislative instruments governing the development , establishment , operation and use of all large - scale it systems managed by the agency after a decision of the management board .


### the agency may be requested to provide advice to member states with regard to the national systems ' connection to the central systems and ad - hoc support to member states . the requests for ad - hoc support shall be submitted to the commission which shall transmit them to the agency . it may also be requested to provide advice or support to the commission on technical issues related to existing or new systems including by way of studies and testing . ### the agency may be requested to provide advice to member states with regard to the national systems ' connection to the central systems and ad - hoc support to member states . the requests for ad - hoc support shall be submitted to the commission which shall transmit them to the agency . it may also be requested to provide advice or support to the commission on technical issues related to existing or new systems including by way of suitable studies and appropriate testing .