### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should only apply to information society services which store information provided by a recipient of the service at his or her request and make such content available to the public , which means that the content providers do not predetermine the scope of potential users of the content . by way of example such providers include video - sharing platforms , social media platforms , streaming services , image and audio sharing services , file sharing services , and other cloud and storage services , with the exception of business - to - business cloud hosting service providers , to the extent they make the content available to the public . for the purpose of this regulation , web hosting service providers that provide the technical infrastructure to website operators , mere conduits and other electronic communication services , caching services , cloud it infrastructure services , protection services , other services provided in other layers of the internet infrastructure , such as registries and registrars , domain name systems , adjacent services , such as payment services , distributed denial of service , protection services , interpersonal communication services that enable direct interpersonal and interactive exchange of information between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient , should be therefore excluded from its scope . ' cloud infrastructure services ' which consist in the provision of on demand physical or virtual resources that provide computing and storage infrastructure capabilities on which the service provider has no contractual rights as to what content is stored or how it is processed or made publicly available by its customers or by the end - users of such customers , and where the service provider has no technical capability to remove specific content stored by their customers or the end - users of their customers , should also be excluded from the scope of this regulation . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information , which constitutes one of the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures constituting interference in the freedom of expression and information should be strictly targeted , in the sense that they must serve to prevent the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law . ### this regulation seeks to contribute to the protection of public security and should establish appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary and proportionate in a democratic society , taking into account the particular importance accorded to the freedom of expression and freedom to receive and impart information , as well as the respect for private life and the protection of personal data , which constitute the essential foundations of a pluralist , democratic society , and are among the values on which the union is founded . measures constituting an interference with the freedom of expression and freedom to receive and impart information should be strictly proportionate and necessary , narrowly targeted , in the sense that they must serve to prevent the dissemination of illegal terrorist content only , and without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law .


### hosting service providers shall acknowledge receipt and , without undue delay , inform the competent authority about the removal of terrorist content or disabling access to it , indicating , in particular , the time of action , using the template set out in annex ii . ### hosting service providers shall acknowledge receipt and , without undue delay , inform the competent authority about the removal of illegal terrorist content , indicating , in particular , the time of action , using the template set out in annex ii .


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically refuses to remove illegal terrorist content without undue delay from the receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not illegal terrorist content .


### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha . ### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this directive should establish a definition of terrorist content based on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council . given the need to address the terrorist content online , the definition should capture material and information that intentionally incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences when and insofar as they are committed with a specific terrorist aim , namely to seriously intimidate a population , to unduly compel a government or an international organisation to perform or abstain from performing any act , or to seriously destabilise or destroy the fundamental political , constitutional , economic or social structures of a country or an international organisation . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this directive , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons or the respect for other fundamental rights , including the right to freedom of speech , and the rights to private and family life and to the protection of personal data . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions , falls outside the scope of this directive and , in particular , of the definition of public provocation to commit terrorist offences .


### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information , which constitutes one of the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures constituting interference in the freedom of expression and information should be strictly targeted , in the sense that they must serve to prevent the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law . ### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities as defined in this regulation and hosting service providers should adopt exclusively measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information , the rights to privacy and personal data protection , which constitute the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures taken under this regulation should be necessary , appropriate and proportionate to the aim they pursue to contribute to the fight against terrorism , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law .


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### member states should establish penalties to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on such penalties , which should be proportionate and practicable , taking into account the size and the nature of the hosting services provider concerned . severe penalties should be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it without undue delay . where a terrorist content is manifestly harmful or constitutes an immediate threat to public order , hosting service providers should remove or disable access to the terrorist content upon receiving the duly justified removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure , but do not encourage the arbitrary removal of content which is not terrorist content . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content .


### no sooner than [ three years from the date of application of this regulation ] , the commission shall carry out an evaluation of this regulation and submit a report to the european parliament and to the council on the application of this regulation including the functioning of the effectiveness of the safeguard mechanisms . where appropriate , the report shall be accompanied by legislative proposals . member states shall provide the commission with the information necessary for the preparation of the report . ### no sooner than [ three years from the date of application of this directive ] , the commission shall carry out an evaluation of this directive and submit a report to the european parliament and to the council on the application of this directive including the functioning of the effectiveness of the safeguard mechanisms . the report shall also cover the impact of this directive on freedom of expression and information as well as the rights to private and family life and the protection of personal data . member states shall provide the commission with the information necessary for the preparation of the report .


### a uniform resource locator and , where necessary , additional information enabling the identification of the content referred ; ### an exact online uniform resource locator , an identification of the online content provider and any other information enabling the identification of the content referred ;


### hosting service providers shall promptly examine every complaint that they receive and reinstate the content without undue delay where the removal or disabling of access was unjustified . they shall inform the complainant about the outcome of the examination . ### hosting service providers shall promptly examine every complaint that they receive and reinstate the content without undue delay where the removal was unjustified . they shall inform the complainant about the outcome of the examination within two weeks of the receipt of the complaint . in the event where content was reinstated , this shall not preclude further judicial measures against the decision of the hosting service provider or of the relevant competent authority .


### where hosting service providers become aware of any evidence of terrorist offences , they shall promptly inform authorities competent for the investigation and prosecution in criminal offences in the concerned member state or the point of contact in the member state pursuant to article 14 , where they have their main establishment or a legal representative . hosting service providers may , in case of doubt , transmit this information to europol for appropriate follow up . ### where hosting service providers become aware of any evidence of terrorist offences , they shall promptly inform the authority competent for the investigation and prosecution in criminal offences in the concerned member state or the point of contact in the member state pursuant to article 14 , where they have their main establishment or a legal representative . hosting service providers may , in case of doubt , transmit this information to europol for appropriate follow up .


### 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 . ### must - carry obligations should be applied in a technologically neutral manner taking into account evolving media distribution systems and consumer trends . electronic communications networks and services used for the distribution of radio or audiovisual media services to the public include cable , iptv , satellite and terrestrial broadcasting . they might also include other networks and services to the extent that they are used by a significant number of end - users to receive radio and audiovisual media services . relevant criteria for assessing the concept of ' a significant number of end - users ' in this context may take into account inter alia developments in technology and consumption patterns of specific end - user groups . 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 importance of electronic programme guides and other navigation facilities for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . must carry obligations should enable access for end - users to connected tv services .


### promote access to , and take - up of , very high capacity data connectivity , both fixed and mobile , by all union citizens and businesses ; ### promote the availability and affordability of and access to very high capacity data connectivity , both fixed and mobile , by all union citizens and businesses ;


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


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


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


### promote the interests of the citizens of the union , including in the long term , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services , by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by ensuring a high and common level of protection for end - users through the necessary sector - specific rules and by addressing the needs , such as for affordable prices , of specific social groups , in particular disabled users , elderly users and users with special social needs . ### promote the interests of the citizens of the union , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services , by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by ensuring a high and common minimum level of protection for end - users through the necessary sector - specific rules and by addressing the needs , such as for affordable prices , of specific social groups , in particular disabled users , elderly users and users with special social needs .


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


### any changes to the contractual conditions imposed by providers of publicly available electronic communications services other than number - independent interpersonal communications services , to the detriment of the end - user , for example in relation to charges , tariffs , data volume limitations , data speeds , coverage , or the processing of personal data should be considered as giving rise to the right of the end - user to terminate the contract without incurring any costs , even if they are combined with some beneficial changes . ### any changes to the contractual conditions proposed by providers of publicly available internet access services or number - based interpersonal communications services and transmission services used for broadcasting to the detriment of the end - user , for example in relation to charges , tariffs , data volume limitations , data speeds , coverage , or the processing of personal data should be considered as giving rise to the right of the end - user to terminate the contract without incurring any costs , even if they are combined with some beneficial . end - users should be notified of any changes to the contractual conditions in a durable medium , such as paper , a usb stick , a cd - rom , a dvd , a memory card , the hard disk of a computer or an e - mail .


### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including disabled end - users , the elderly , and users with special social needs , have easy access to affordable high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with a disability in drawing up measures under article 114 of the tfeu . ### in line with the objectives of the charter and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all end - users , including end - users with disabilities , older people , and users with special social needs , have easy and equal access to affordable and accessible high quality services regardless of their place of residence within the union . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with disabilities in drawing up measures under article 114 of the tfeu .


### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee media pluralism , cultural diversity and consumer protection . __________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . ### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee freedom of expression and information , media pluralism , cultural diversity , consumer protection , privacy and the protection of personal data . __________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services .


### in justified cases , obligations on providers of number - independent interpersonal communications services to make their services interoperable , namely where access to emergency services or end - to - end connectivity between end - users is endangered due to a lack of interoperability between interpersonal communications services . ### in justified cases , and where technically feasible , obligations on providers of interpersonal communications services to make their services interoperable , namely where effective competition , or end - to - end connectivity between end - users is endangered due to a lack of interoperability between interpersonal communications services .


### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . under exceptional circumstances , a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services . an example for such an exception could be , in principle , a communication channel in online games , depending on the features of the communication facility of the service . ### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . all communication services , whether or not they are ancillary to another principal service , shall be bound by the rules on confidentiality and security of communications . if the interpersonal and interactive communication facility is purely a minor ancillary feature to another service and for objective technical reasons cannot be used without that principal service , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services , all other provisions beyond rules on security of communications in this directive shall not apply to such ancillary services .


### promote the interests of the citizens of the union , including in the long term , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services , by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by ensuring a high and common level of protection for end - users through the necessary sector - specific rules and by addressing the needs , such as for affordable prices , of specific social groups , in particular disabled users , elderly users and users with special social needs . ### promote the interests of the citizens of the union , including in the long term , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by ensuring a high and common minimum level of protection for end - users through the necessary sector - specific rules and by addressing the needs , such as for affordable prices , of specific social groups , in particular disabled users , elderly users and users with special social needs .


### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed . ### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed .


### calculating the net cost , if any , of universal service obligations in accordance with articles 84 and 85 ### calculating the net cost , if any , of universal service obligations and establishing any recovery or sharing mechanism in accordance with articles 84 and 85


### 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 .


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


### 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 .


### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed . ### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , media pluralism , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed .


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


### the activities of competent authorities established under this directive contribute to the fulfilment of broader policies in the areas of culture , employment , the environment , social cohesion and town and country planning . ### the activities of competent authorities established under this directive contribute to the fulfilment of broader policies in the areas of culture and cultural diversity , media pluralism , employment , the environment , social cohesion and town and country planning .


### 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 . ### must - carry obligations should be applied in a technologically neutral manner taking into account evolving media distribution systems and consumer trends . electronic communications networks and services used for the distribution of radio or audiovisual media services to the public include cable , iptv , satellite and terrestrial broadcasting . they might also include other networks and services to the extent that they are used by a significant number of end - users to receive radio and audiovisual media services . relevant criteria for assessing the concept of ' a significant number of end - users ' in this context may take into account inter alia developments in technology and consumption patterns of specific end - user groups . 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 importance of electronic programme guides and other navigation facilities for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . must carry obligations should enable access for end - users to connected tv services .


### 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 . ### ' must carry ' obligations should be applied in a technologically neutral fashion while taking account of ongoing changes to media distribution systems and consumer trends . electronic communications networks and services used for the distribution of radio broadcasts or audiovisual media services to the public include cable , iptv , satellite and terrestrial broadcasting . they might also include other networks and services to the extent that a significant number of end - users use them to receive radio broadcasts and audiovisual media services . in this context , the criteria used to determine what constitutes ' a significant number of end - users ' should take account of , among others things , technological developments and the consumption patterns of specific end - user groups . 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 and other navigation facilities for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . ' must carry ' obligations should ensure that end - users can access connected tv services , which can include audiovisual media services , radio and audio services and interactive services offering applications , games , voting facilities , clips , text , images , illustrations and graphics .


### member states shall not maintain or introduce in their national law end - user protection provisions on the subject - matters covered by this title and diverging from the provisions laid down in this title , including more or less stringent provisions to ensure a different level of protection , unless otherwise provided for in this title . ### member states shall under no circumstance introduce in their national law end - user protection provisions that undermine the provisions laid down in this title as it constitutes the minimum level of end - user protection to be pursued in the union .


### 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 to digital radio and audiovisual media services and related complementary 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 .


### interoperability of digital consumer equipment referred to in article 105 ### interoperability of consumer equipment referred to in article 105


### 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 .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them 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 define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory . to that end , the functional internet access service shall be capable of supporting the minimum set of services set out in annex v . ### member states shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory . to that end , the functional internet access service shall be capable , both in terms of speed and data volumes , of supporting at least the minimum set of services set out in annex v . the functional internet access service shall comply with the obligations on open internet laid down in regulation 2120 / 2015 .


### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including disabled end - users , the elderly , and users with special social needs , have easy access to affordable high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with a disability in drawing up measures under article 114 of the tfeu . ### in line with the objectives of the charter and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all end - users , including end - users with disabilities , older people , and users with special social needs , have easy and equal access to affordable and accessible high quality services regardless of their place of residence within the union . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with disabilities in drawing up measures under article 114 of the tfeu .


### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . under exceptional circumstances , a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services . an example for such an exception could be , in principle , a communication channel in online games , depending on the features of the communication facility of the service . ### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . all communication services , whether or not they are ancillary to another principal service , shall be bound by the rules on confidentiality and security of communications . if the interpersonal and interactive communication facility is purely a minor ancillary feature to another service and for objective technical reasons cannot be used without that principal service , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services , all other provisions beyond rules on security of communications in this directive shall not apply to such ancillary services .


### member states shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory . to that end , the functional internet access service shall be capable of supporting the minimum set of services set out in annex v . ### in accordance with berec guidelines , national regulatory authorities shall define the minimum capability of the internet access service referred to in paragraph 1 with a view to reflect the services used by the majority of consumers at a fixed location in their territory or relevant parts of their territory , which are indispensable to ensure social and economic participation in society . to that end , the internet access service shall be capable of delivering the band with necessary for supporting at least the minimum set of services set out in annex v . by . . . [ 18 months after the date of entry into force of this directive ] , berec shall , in order to contribute towards a consistent application of this article , after consulting stakeholders and in close cooperation with the commission , taking into account available commission data , adopt guidelines which allow national regulatory authorities to define the minimum quality of service requirements , including minimum bandwidth , to support at least the minimum set of services set out in annex v and reflecting the average bandwidth availability to the majority of the population in each member state . those guidelines shall be updated every two years to reflect technological advances and changes in consumer usage patterns .


### 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 . ### national regulatory authorities shall 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 .


### 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 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 , for instance , media pluralism and cultural diversity . 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 .


### end - users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the union for the reception of digital television . member states should be able to require minimum harmonised standards in respect of such equipment . such standards could be adapted from time to time in the light of technological and market developments . ### end - users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the union for the reception of digital radio and television . member states should be able to require minimum harmonised standards in respect of such equipment . such standards could be adapted from time to time in the light of technological and market developments .


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


### this directive does not affect the application to radio equipment of directive 2014 / 53 / eu , but does cover consumer equipment used for digital television . ### this directive does not affect the application to radio equipment of directive 2014 / 53 / eu , but does cover consumer equipment used for radio and digital television .


### 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 .


### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including disabled end - users , the elderly , and users with special social needs , have easy access to affordable high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with a disability in drawing up measures under article 114 of the tfeu . ### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including end - users with disabilities , older people , and users with special social needs , have easy and equal access to affordable and accessible high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with disabilities in drawing up measures under article 114 of the tfeu .


### 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 power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission when , for reasons of economic and technical changes , data requirements need to be updated , including submission deadlines as well as revisions , extensions and eliminations of data flows set out in annex i , and when the definitions set out in annex ii need to be updated . ### the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission when , for reasons of economic and technical changes , geographical breakdown levels , institutional sectors breakdown levels and economic activity breakdown levels set out in tables 6 , 7 and 8 of annex i need to be updated , provided that such updates neither affect the reporting burden nor change the underlying conceptual framework , as well as certain requirements of data flows in annex i need to be eliminated , provided that such elimination does not reduce the quality of statistics produced in accordance with this regulation .


### the commission shall be empowered to adopt delegated acts in accordance with article 10 , when , for reasons of economic and technical changes , data requirements need to be updated , including submission deadlines as well as revisions , extensions and eliminations of data flows set out in annex i , and when the definitions set out in annex ii need to be updated . ### the commission shall be empowered to adopt delegated acts in accordance with article 10 , when , for reasons of economic and technical changes , geographical breakdown levels , institutional sectors breakdown levels and economic activity breakdown levels set out in tables 6 , 7 and 8 of annex i need to be updated , provided that such updates neither affect the reporting burden nor change the underlying conceptual framework , as well as certain requirements of data flows in annex i need to be eliminated , provided that such elimination does not reduce the quality of statistics produced in accordance with this regulation .


### the commission shall be empowered to adopt delegated acts in accordance with article 10 , when , for reasons of economic and technical changes , data requirements need to be updated , including submission deadlines as well as revisions , extensions and eliminations of data flows set out in annex i , and when the definitions set out in annex ii need to be updated . ### the commission shall be empowered to adopt delegated acts in accordance with article 10 , when , for reasons of economic and technical changes , data requirements geographical breakdown levels , institutional sectors breakdown levels and economic activity breakdown levels set out in tables 6 , 7 and 8 of annex i need to be updated , as well as for specifying the content of quality reports and the requirements for producing the statistics referred to in paragraphs 2 and 3 of article 5 , provided that such updates and specifications neither affect the reporting burden nor change the underlying conceptual framework . the commission shall be empowered to adopt delegated acts in accordance with article 10 whenever certain requirements of data flows in annex i need to be eliminated , provided that such elimination does not reduce the quality of statistics produced in accordance with this regulation .


### the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission when , for reasons of economic and technical changes , data requirements need to be updated , including submission deadlines as well as revisions , extensions and eliminations of data flows set out in annex i , and when the definitions set out in annex ii need to be updated . ### the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission when , for reasons of economic and technical changes , geographical breakdown levels , institutional sectors breakdown levels and economic activity breakdown levels set out in tables 6 , 7 and 8 of annex i data need to be updated as well as for specifying the common quality standards , the content of quality reports and the requirements for producing the statistics referred to in paragraphs 2 and 3 of article 5 , provided that such updates and specifications neither affect the reporting burden nor change the underlying conceptual framework . the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission whenever certain requirements of data flows in annex i need to be eliminated , provided that such elimination does not reduce the quality of statistics produced in accordance with this regulation .


### cooperation with union bodies , offices and agencies shall take place within the framework of working arrangements . such arrangements shall have received the commission ' s prior approval . such arrangements may provide for the sharing of services between agencies where appropriate either by proximity of locations or by policy area within the limits of the respective mandates and without prejudice to their core tasks . ### cooperation with union bodies , offices and agencies shall take place within the framework of working arrangements . such arrangements shall be concluded following consultation with the commission . such arrangements may provide for the sharing of services between agencies where appropriate either by proximity of locations or by policy area within the limits of the respective mandates and without prejudice to their core tasks . the working arrangements shall establish the mechanisms for cost recovery .


### preparing the necessary security measures including a security plan , and a business continuity and disaster recovery plan and submitting them to the management board for adoption ; ### preparing the necessary security plan , including a proper information security risk management process and a business continuity and disaster recovery plan , and submitting them to the management board for adoption ;


### the term of office of the members and their alternates shall be four years , extendable . upon expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced . ### the term of office of the members and their alternates shall be four years , renewable once . upon expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced .


### 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 .


### adopt the necessary security measures , including a security plan and a business continuity and disaster recovery plan , taking into account the possible recommendations of the security experts present in the advisory groups ; ### adopt the necessary security measures , including a proper information security risk management process and a business continuity and disaster recovery plan , taking into account the possible recommendations of the security experts present in the advisory groups ;


### a high level of data protection , in accordance with the applicable rules , including specific provisions for each large - scale it system ; ### a high level of data protection , in accordance with the applicable union data protection rules ;


### the agency , together with the commission , shall work towards establishing for all systems under the agency ' s operational responsibility , automated data quality control mechanisms and common data quality indicators and towards developing a central repository for reporting and statistics , subject to specific legislative amendments to the existing systems ' instruments and / or to specific provisions in new instruments . ### the agency , together with the commission , shall work towards establishing for all systems under the agency ' s operational responsibility , automated data quality control mechanisms and common data quality indicators and towards developing a central repository containing only anonymised data for reporting and statistics , subject to specific legislative amendments to the existing systems ' instruments and / or to specific provisions in new instruments .


### the management board shall appoint the executive director from a list of candidates proposed by the commission following an open and transparent selection procedure . the selection procedure shall provide for publication in the official journal of the european union and elsewhere of a call for expressions of interest . the management board shall appoint the executive director on the basis of personal merit , experience in the field of large - scale it systems and administrative , financial and management skills as well as knowledge in data protection . the management board shall take its decision to appoint the executive director by a two - thirds majority of all its members with a right to vote . ### the management board shall appoint the executive director from a list of at least three candidates proposed by the commission following an open and transparent selection procedure . the selection procedure shall provide for publication in the official journal of the european union and elsewhere of a call for expressions of interest . the management board shall appoint the executive director on the basis of personal merit , experience in the field of large - scale it systems and administrative , financial and management skills as well as knowledge in data protection . the management board shall take its decision to appoint the executive director by a two - thirds majority of all its members with a right to vote .


### 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 .


### having regard to the treaty on the functioning of the european union , and in particular articles 43 , 91 , 100 , 114 , 192 , 194 and 337 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 337 thereof ,


### the number and size of operators vary across the different stages of the food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . ### the number and size of operators vary across the different stages of the agricultural and food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are even more harmful for small and medium - sized operators in the agricultural and food supply chain . agricultural producers , who supply primary agricultural products , are often small and medium - sized .