### where a retail investor initiates a procedure for alternative dispute resolution laid down in national law against an investment product manufacturer or a person selling investment products with regard to a dispute concerning rights and obligations established under this regulation , the investment product manufacturer or the person selling investment products shall participate in that procedure , provided that it fulfils the following requirements : the procedure results in decisions which are not binding ; the limitation period for bringing the dispute before a court is suspended for the duration of the procedure for alternative dispute resolution ; the period of prescription of the claim is suspended for the duration of the procedure ; the procedure is free of charge or at moderate cost , as specified in national legislation ; electronic means are not the only means by which the parties can gain access to the procedure ; interim measures are possible in exceptional cases where the urgency of the situation so requires 2 . member states shall notify the commission of the entities with competence to deal with the procedures referred to in paragraph 1 by [ insert concrete date 6 months after entry into force / application of this regulation ] . they shall notify the commission without delay of any subsequent change concerning those entities 3 . entities with competence to deal with the procedures referred to in paragraph 1 shall cooperate with each other on the resolution of cross - border disputes arising under this regulation . ### member states shall ensure that where a retail investor initiates a procedure for alternative dispute resolution laid down in national law against an investment product manufacturer or a person selling investment products with regard to a dispute concerning the key information document and the underlying investment products the investment product manufacturer or the person selling investment products shall participate in that procedure according to the rules laid down in the directive [ . . . ] on alternative dispute resolution and provided that it fulfils the following requirements : the procedure results in decisions which may be binding for the manufacturer and the person selling investment products ; the limitation period for bringing the dispute before a court is suspended for the duration of the procedure for alternative dispute resolution ; the period of prescription of the claim is suspended for the duration of the procedure ; the procedure is free of charge or available at nominal fee ; 1a new . member states shall ensure that when alternative dispute resolution entities are permitted to establish pre - specified monetary thresholds in order to limit the access to alternative dispute resolution procedures , the thresholds should not be set at a level , where they significantly impair the consumers ' access to complaint handling by alternative dispute resolution entities . 2 . member states shall notify the commission of the entities with competence to deal with the procedures referred to in paragraph 1 by [ insert concrete date 6 months after entry into force / application of this regulation ] . they shall notify the commission without delay of any subsequent change concerning those entities 3 . entities with competence to deal with the procedures referred to in paragraph 1 shall cooperate with each other on the resolution of cross - border disputes arising under this regulation .


### sanctions and measures imposed for the breaches referred to in article 19 shall be disclosed to the public without undue delay including at least information on the type of breach of this regulation and the identity of those responsible for it , unless such disclosure would seriously jeopardise the financial markets . where a publication would cause a disproportionate damage to the parties involved , the competent authorities shall publish the sanctions or measures on an anonymous basis . ### sanctions and measures imposed for the breaches referred to in article 19 shall be disclosed to the public without undue delay including at least information on the type of breach of this regulation and the identity of those responsible for it .


### under a section titled ‘ how has it done in the past ? ’ , the past performance of the investment product , if this is relevant having regard to the nature of the product and the length of its track record ; ### under a section titled ‘ how has it done in the past ? ’ , the past performance of the investment product , complemented by a warning that past returns do not guarantee future performance ; where the investment product is linked to a benchmark , the performance of the latter shall also be published in such a way to enable comparison between the performance of the investment product and that of the benchmark , if this is relevant having regard to the nature of the product and the length of its track record


### where an investment product manufacturer has produced a key information document which does not comply with the requirements of articles 6 , 7 and 8 on which a retail investor has relied when making an investment decision , such a retail investor may claim from the investment product manufacturer damages for any loss caused to that retail investor through the use of the key information document . ### where an investment product manufacturer or a person selling investment products has produced a key information document or its annex which does not comply with the requirements of articles 6 , 7 and 8 on which a retail investor has relied when making an investment decision , such a retail investor may claim from the investment product manufacturer or the person selling investment products damages for any loss caused to that retail investor through the use of the key information document or its annex .


### under a section titled ' what are the risks and what might i get back ? ' , the risk and reward profile of the investment product , including a summary indicator of this profile and warnings in relation to any specific risks that may not be fully reflected in the summary indicator ; ### under a section titled ' what are the risks and what might i get back ? ' the risk and reward profile of the investment product , including a summary indicator of this profile that also reflects the impact of costs , accompanied by a warning and an explanation in plain language of the key risks of the product . the summary indicator of risk and reward shall contain future performance scenarios reflecting the impact of costs and mentioning three reasonably likely scenarios , including a negative and positive one ; a comparison of the likely future performance of the investment product , including risks to it , with that of a risk free benchmark ;


### under a section titled ' what are the costs ? ' , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs ; ### under a section titled ' what are the costs ? ' , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs ; and , for comparability reasons , total taxes and any fees to be paid by the retail investor ; expressed in monetary and percentage terms , to show the effects of the total costs on the return of the investment , together with an indication about the payment terms in relation to the costs . the section shall also refer to an annex that details any additional costs charged by the distributor not shown in this section , including any fees paid to the intermediary


### where an investment product manufacturer has produced a key information document which does not comply with the requirements of articles 6 , 7 and 8 on which a retail investor has relied when making an investment decision , such a retail investor may claim from the investment product manufacturer damages for any loss caused to that retail investor through the use of the key information document . ### where an investment product manufacturer or a person selling investment products has produced a key information document which does not comply with the requirements of articles 6 , 7 and 8 on which a retail investor has relied when making an investment decision , such a retail investor may claim from the investment product manufacturer or the person selling investment products damages for any loss caused to that retail investor through the use of the key information document .


### the draft regulatory technical standards shall take into account the different types of investment products . the european supervisory authorities shall submit those draft regulatory technical standards to the commission by [ … ] . ### the draft regulatory technical standards shall take into account the different types of investment products . the european supervisory authorities shall conduct due consumer testing to determine the best methodology and calculation under and for retail investors . the european supervisory authorities shall submit those draft regulatory technical standards to the commission by [ … ] .


### the key information document shall be written in the official language , or one of the official languages of the member state where the investment product is sold , or in a language accepted by the competent authorities of that member state , or where it has been written in a different language , it shall be translated into one of these languages . ### the key information document shall be written in the official languages , or one of the official language used in the part of the member state where the investment product is distributed , or in another language accepted by the competent authorities of that member state if used in the part of the member state where the investment product is distributed , or where it has been written in a different language , it shall be translated into one of these languages .


### the commission shall be empowered to adopt delegated acts in accordance with article 23 specifying the details of the presentation and the content of each of the elements of information referred to in paragraph 2 , the presentation and details of the other information the product manufacturer may include within the key information document as referred to in paragraph 3 , and the details of the common format and the common symbol referred to in paragraph 4 . the commission shall take into account the differences between investment products and the capabilities of retail investors as well as the features of investment products that allow the retail investor to select between different underlying investments or other options provided for by the product , including where this selection can be undertaken at different points in time , or changed in the future . ### the commission shall be empowered to adopt technical standards in accordance with article 23 specifying the details of the presentation and the content of each of the elements of information referred to in paragraph 2 , the presentation and details of the other objective information the product manufacturer may include within the key information document as referred to in paragraph 3 , and the details of the common format and the common symbol referred to in paragraph 4 . the performance scenarios referred to in paragraph 2 i ) shall take into account the impact of costs over time and shall take into account possible future performance . the indicator shall make it clear that the potential for greater rewards is linked to taking greater risks . the warning referred to in paragraph 2 point i ) shall be a visual warning based on a scale of risk , designed in a way that the investor understand that no investment product is risk free and that he must not act without understanding the investment product or without a personal advice regarding the planned investment . the summary indicator of the risk and reward and the warning on risks shall be designed to make the risks the investors are taking on clear and comparable between products . the comparison referred to in paragraph 2 point ii ) shall be designed to help the investor to understand how taking greater risk impacts the rewards of the investment product , and the risk - free benchmark , such as that of a savings account , shall be set in way that is comprehensible for retail investors and not misleading to them . the summary indicator of the costs referred to in paragraph 2 shall illustrate in monetary terms the impact of the costs on what the investor might get back from their investment over time . it shall include figures that can be used by retail investors to compare between products . the commission shall take into account disclosures to retail investors made by the person selling the investment product related to costs under [ mifid ] and [ imd ] , to ensure that there is consistency in information on costs in the key information document with these other disclosures , and that the information is comprehensive about costs and clearly shows to the retail investor the overall impact that costs may have . the commission shall take into account the differences between investment products and the capabilities of retail investors as well as the features of investment products that allow the retail investor to select between different underlying investments or other options provided for by the product , including where this selection can be undertaken at different points in time , or changed in the future . before adopting technical standards , the commission shall conduct due consumer testing in order to select the most appropriate measures for consumers .


### the investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this regulation for each investment product it produces and shall publish the document on a website of its choice before the investment product can be sold to retail investors . ### the investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this regulation for each investment product it produces and shall publish the document together with the prospectus where a prospectus is published and at least on its website before the investment product can be sold to retail investors . the key information document shall be completed by the distributor where relevant .


### where an investment product manufacturer has produced a key information document which does not comply with the requirements of articles 6 , 7 and 8 on which a retail investor has relied when making an investment decision , such a retail investor may claim from the investment product manufacturer damages for any loss caused to that retail investor through the use of the key information document . ### a retail investor who has relied when making an investment decision on a key information document which does not comply with the requirements in articles 6 , 7 and 8 may claim from the investment product manufacturer damages for financial loss caused by the investment product manufacturer ' s failure to comply with those requirements . the information in the key information document shall be fair , clear and not misleading . it shall be consistent with the relevant parts of the prospectus . where other contractual documentation exists , the key information document shall be consistent with those documents .


### the commission shall be empowered to adopt delegated acts in accordance with article 23 specifying the details of the presentation and the content of each of the elements of information referred to in paragraph 2 , the presentation and details of the other information the product manufacturer may include within the key information document as referred to in paragraph 3 , and the details of the common format and the common symbol referred to in paragraph 4 . the commission shall take into account the differences between investment products and the capabilities of retail investors as well as the features of investment products that allow the retail investor to select between different underlying investments or other options provided for by the product , including where this selection can be undertaken at different points in time , or changed in the future . ### the commission shall be empowered to adopt delegated acts in accordance with article 23 specifying the details of the presentation and the content of each of the elements of information referred to in paragraph 2 and 3 , the presentation and details of the other information the product manufacturer and the person selling investment products may include within the key information document or its annex as referred to in paragraph 3 , and the details of the common format and the common symbol referred to in paragraph 4 . the commission shall take into account the differences between investment products and the capabilities of retail investors as well as the features of investment products that allow the retail investor to select between different underlying investments or other options provided for by the product , including where this selection can be undertaken at different points in time , or changed in the future . before adopting delegated acts , the commission shall conduct due retail investor testing in order to select the most appropriate measures for retail investors .


### the investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this regulation for each investment product it produces and shall publish the document on a website of its choice before the investment product can be sold to retail investors . ### the investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this regulation for each investment product it produces and shall publish the key information document on its website before the investment product can be sold to retail investors . the key information document shall be completed by the person selling the investment product where relevant .


### under a section titled ‘ what are the costs ? ’ , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs ; ### under a section titled ' what are the costs ? ' , the costs associated with an investment in the investment product , comprising all direct and indirect costs to be borne by the investor , including transaction costs expressed as a percentage of the net asset value . summary indicators of all the above costs shall also be included ;


### this document provides you with key information about this investment product . it is not marketing material . the information is required by law to help you understand the nature of this investment product and the risks of investing in it . you are advised to read it so that you can take an informed decision about whether to invest . ### this document provides you with key information about this investment product . it is not marketing material . the information is required by law to help you understand the nature of this investment product and the risks and opportunities of investing in it , as well as the costs associated to it , including the potential fees paid to your intermediaries . you are advised to read it to help you compare different investment products . this document does not represent a purchasing recommendation . you may need to read other documents so you can take an informed decision about whether to invest .


### when a retail investor demonstrates a loss resulting from the use of the information contained in the key information document , the investment product manufacturer has to prove that the key information document has been drawn up in compliance with articles 6 , 7 and 8 of this regulation . ### where a retail investor has suffered a loss resulting from the use of the information contained in the key information document , the investment product manufacturer has to prove that the key information document has been drawn up in compliance with articles 6 , 7 and 8 of this regulation .


### the commission shall be empowered to adopt delegated acts in accordance with article 23 specifying the details of the presentation and the content of each of the elements of information referred to in paragraph 2 , the presentation and details of the other information the product manufacturer may include within the key information document as referred to in paragraph 3 , and the details of the common format and the common symbol referred to in paragraph 4 . the commission shall take into account the differences between investment products and the capabilities of retail investors as well as the features of investment products that allow the retail investor to select between different underlying investments or other options provided for by the product , including where this selection can be undertaken at different points in time , or changed in the future . ### the commission shall be empowered to adopt delegated acts in accordance with article 23 specifying the details of the presentation and the content of each of the elements of information referred to in paragraph 2 and 3 , the presentation and details of the other information the product manufacturer and the person selling investment products may include within the key information document as referred to in paragraph 3 , and the details of the common format and the common symbol referred to in paragraph 4 . the commission shall take into account the differences between investment products and the capabilities of retail investors as well as the features of investment products that allow the retail investor to select between different underlying investments or other options provided for by the product , including where this selection can be undertaken at different points in time , or changed in the future . before adopting delegated acts , the commission shall conduct due retail investor testing in order to select the most appropriate measures for retail investors .


### sanctions and measures imposed for the breaches referred to in article 19 shall be disclosed to the public without undue delay including at least information on the type of breach of this regulation and the identity of those responsible for it , unless such disclosure would seriously jeopardise the financial markets . where a publication would cause a disproportionate damage to the parties involved , the competent authorities shall publish the sanctions or measures on an anonymous basis . ### sanctions and measures imposed for the breaches referred to in article 19 shall be disclosed to the public without undue delay including at least information on the type of breach of this regulation and the identity of those responsible for it .


### a person selling an investment product to retail investors shall provide them with the key information document in good time before the conclusion of a transaction relating to the investment product . ### a person selling an investment product to retail investors shall provide them with the key information document in good time before the conclusion of a transaction relating to the investment product and shall keep a record thereof , whereby the burden of proof shall rest with the investment product manufacturer . when an investment is recommended or advised to a client , the key information document shall be provided to the client without any delay .


### for pension products , under a section titled ' what might i get when i retire ? ' , projections of possible future outcomes . ### for pension products , under a section titled ' what might i get when i retire ? ' , projections of possible future outcomes ; clearly subdivided into various development scenarios , including negative scenario highlighting the potential loss for the retail investors . with regard to pension products , retail investors should in addition be informed clearly and comprehensibly about any limits to the withdrawal of funds .


### the power to adopt delegated acts referred to in articles 8 , 10 and 12 shall be conferred on the commission for a period of [ 4 years ] from the entry into force of this regulation . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ### the power to adopt delegated acts referred to in articles 8 , 10 , 12 , 13a and 13b shall be conferred on the commission for a period of [ 4 years ] from the entry into force of this regulation . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### under a section titled ' what are the risks and what might i get back ? ' , the risk and reward profile of the investment product , including a summary indicator of this profile and warnings in relation to any specific risks that may not be fully reflected in the summary indicator ; ### under a section titled ' what are the risks and what might i get back ? ' the risk and reward profile of the investment product , including a summary indicator of this profile that also reflects the impact of costs , accompanied by a warning and an explanation in plain language of the key risks of the product . the summary indicator of risk and reward shall contain future performance scenarios reflecting the impact of costs and mentioning three reasonably likely scenarios , including a negative and positive one ; a comparison of the likely future performance of the investment product , including risks to it , with that of a risk free benchmark ;


### a person selling an investment product to retail investors shall provide them with the key information document in good time before the conclusion of a transaction relating to the investment product . ### a person selling an investment product to retail investors shall give them the key information document when investment advice is first provided . the key information document shall be placed in the hands of retail investors directly and unequivocally when the product is first presented .


### the investment product manufacturer shall establish appropriate procedures and arrangements which ensure that retail investors who have submitted a complaint in relation to the key information document receive a substantive reply in a timely and proper manner . ### the investment product manufacturer and the person selling investment products shall establish appropriate procedures and arrangements which ensure that : retail investors have an effective way of submitting a complaint against the investment product manufacturer ; retail investors who have submitted a complaint in relation to the key information document receive a substantive reply in a timely and proper manner ; and effective redress procedures are also available to retail investors in the event of cross - border disputes , in particular where the investment product manufacturer is located in another member state or in a third country .


### under a section titled ‘ what are the costs ? ’ , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs ; ### under a section titled ' what are the costs ? ' , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs , consistently with those provided by the offer documents , if any ;


### the key information document shall be written in the official language , or one of the official languages of the member state where the investment product is sold , or in a language accepted by the competent authorities of that member state , or where it has been written in a different language , it shall be translated into one of these languages . ### the key information document shall be written in the official languages , or one of the official language used in the part of the member state where the investment product is distributed , or in another language accepted by the competent authorities of that member state if used in the part of the member state where the investment product is distributed , or where it has been written in a different language , it shall be translated into one of these languages .


### the key information document shall be a stand - alone document , clearly separate from marketing materials . ### the key information document shall be a stand - alone document , clearly separate from marketing materials and shall not contain any advertising , marketing or recommendation to invest in any product . cross - references to other documents are permitted . information that is cross - referenced shall only be information that is additional to the information required to be included in the key information document by this regulation , shall comply with paragraph 3 of article 8 and shall not contain any advertising , marketing or recommendation to invest in any product .


### this regulation lays down uniform rules on the format and content of the key information document to be drawn up by investment product manufacturers and uniform rules on the provision of this document to retail investors . ### this regulation lays down uniform rules on the format and content of the key information document to be drawn up by investment product manufacturers and intermediaries and uniform rules on the provision of this document to retail investors .


### the key information document shall be accurate , fair , clear and not misleading ### the key information document shall constitute pre - contractual information . it shall be accurate , fair , clear and not misleading . the document shall make it possible to compare products before taking an investment decision .


### the key information document shall be drawn up as a short document which is : ### the key information document shall be drawn up as a short document , written in a short and concise manner and not exceeding 3 pages of a4 - sized paper , which is :


### the key information document shall be written in the official language , or one of the official languages of the member state where the investment product is sold , or in a language accepted by the competent authorities of that member state , or where it has been written in a different language , it shall be translated into one of these languages . ### the key information document shall be written in the official languages , or the official language used in the part of the member state where the investment product is distributed , or in another language accepted by the competent authorities of that member state if used in the part of the member state where the investment product is distributed , or where it has been written in a different language , it shall be translated into one of these languages .


### four years after the date of entry into force of this regulation , the commission shall review this regulation . the review shall include a general survey of the practical application of the rules laid down in this regulation , taking due account of developments in the market for retail investment products . as regards ucits as defined in article 1 of directive 2009 / 65 / ec , the review shall assess whether the transitional arrangements under article 24 of this regulation shall be prolonged , or whether , following the identification of any necessary adjustments , the provisions on key investor information in directive 2009 / 65 / ec might be replaced by or considered equivalent to the key investor document under this regulation . the review shall also reflect on a possible extension of the scope of this regulation to other financial products . ### four years after the date of entry into force of this regulation , the commission shall review this regulation . the review shall include a general survey of the practical application of the rules laid down in this regulation , taking due account of developments in the market for retail investment products . as regards financial products subject to directive 2003 / 71 / ec , the review shall assess whether the requirement for a summary of the prospectus should cease to apply . the review shall also reflect on a possible extension of the scope of this regulation to other financial products .


### a person selling an investment product to retail investors shall provide them with the key information document in good time before the conclusion of a transaction relating to the investment product . ### a person selling an investment product , or acting as an intermediary in its sale , to retail investors shall provide them with the key information document in good time before the conclusion of a transaction relating to the investment product .


### developing comprehensive , high quality and interoperable railway system ; ### developing and supporting comprehensive , high - quality interoperable and accessible railway systems , combined with possible financing for the purchase of rolling - stock for public transport ;


### freight transport services and start - up aid for transport services ; ### freight transport services and start - up aid for safe transport services ;


### promoting sustainable transport and removing bottlenecks in key network infrastructures : ### promoting safe and sustainable transport and removing bottlenecks in key network infrastructures :


### the erdf shall support , within operational programmes , sustainable urban development through strategies setting out integrated actions to tackle the economic , environmental , climate and social challenges affecting urban areas . ### the erdf shall support , within operational programmes , sustainable urban development through strategies setting out integrated actions to tackle the economic , environmental , climate , transport and social challenges affecting urban areas .


### at least 50% of the total erdf resources at national level shall be allocated to the thematic objectives set in out in point 1 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] . ### at least 50% of the total erdf resources at national level shall be allocated to the thematic objectives set out in points 1 , 3 , 4 and 7 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] .


### where throughout a continuous engagement of 6 years two statutory auditors or audit firms have been appointed , the maximum duration of the engagement of each statutory auditor or audit firm shall not exceed 9 years . ### where throughout a continuous engagement of 4 years two statutory auditors or audit firms have been appointed , the maximum duration of the engagement of each statutory auditor or audit firm shall not exceed 6 years .


### in order to address the familiarity threat and therefore reinforce the independence of auditors and audit firms , it is important to establish a maximum duration of the audit engagement of a statutory auditor or audit firm in a particular audited entity . an appropriate gradual rotation mechanism should also be established with regard to the most senior personnel involved in the statutory audit , including the key audit partners carrying out the statutory audit on behalf of the audit firm . it is also important to provide for an appropriate period within which such statutory auditor or audit firm may not carry out the statutory audit of the same entity . in order to ensure a smooth transition , the former auditor should transfer a handover file with relevant information to the incoming auditor . ### in order to address the familiarity threat and therefore reinforce the independence of auditors and audit firms , it is important to establish a maximum duration of the audit engagement of a statutory auditor or audit firm in a particular audited entity . furthermore , a comprehensive , transparent and independent evaluation of audit quality should be regularly and appropriately documented . this comprehensive evaluation should form the basis for the auditor selection by the general meeting , which follows a tender procedure at least every 7 years . furthermore , an appropriate gradual rotation mechanism should be established with regard to the most senior personnel involved in the statutory audit , including the key audit partners carrying out the statutory audit on behalf of the audit firm .


### the public - interest entity may renew this engagement only once . ### the public - interest entity may renew the audit engagement providing this is based on a proposal of the audit committee and approved at the annual general meeting .


### – two suppliers of groundhandling services , or ### – two suppliers of groundhandling services .


### the application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll - out of union - wide services and the completion of the internal market for wireless broadband communications . it could in particular create unequal conditions for access to such services , hamper competition between undertakings established in different member states and stifle investments in more advanced networks and technologies and the emergence of innovative services , thereby depriving citizens and businesses of ubiquitous integrated high - quality services and wireless broadband operators of increased efficiency gains from large - scale more integrated operations . therefore , action at union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the union . at the same time , member states should retain the right to adopt measures to organise their radio spectrum for public order , public security purposes and defence . ### the eu telecom package as revised in 2009 establishes the principles for spectrum management . radio spectrum serves the public interest in a wide range of areas in the member states . in that connection , due account has to be taken of a host of specific national and regional characteristics . member states should therefore also retain the right to adopt measures to organise and manage their radio spectrum which are necessary to carry out specific cultural , social and audiovisual tasks . alongside terrestrial broadcasting and the cultural and creative sectors , this also includes public order , public security and defence . therefore , action at union level regarding certain aspects of radio spectrum assignment should continue to endorse a dynamic approach to spectrum management , which recognises member states ' competence in this field and respects the cultural , audiovisual and media policies of each member state . in the event of disputes between member states regarding the use of spectrum , the commission has a supplementary coordinating role to play in support of the member states .


### in a seamless single market in electronic communications , the freedom to provide electronic communications networks and services to every customer in the union and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders . the current regulatory framework for electronic communications does not fully address such fragmentation , with national , rather than union - wide general authorisation regimes , national spectrum assignment schemes , differences of access products available for electronic communications providers in different member states , and different sets of sector - specific consumer rules applicable . the union rules in many cases merely define a baseline , and are often implemented in diverging ways by the member states . ### in a seamless single market in electronic communications , the opportunity for each individual to access electronic communications networks and services in the union , the freedom to provide these and the right of each end - user to choose the best offer available on the market must be ensured by fair competition and must not be hindered by the fragmentation of markets along national borders .


### end - users shall also be free to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . ### providers of electronic communications to the public or providers of content , applications and services may provide specialised services to a limited user group , access to which is controlled , through a closed electronic communications network . specialised services may not be marketed or used as an internet substitute or provide content , applications or services functionally identical to those of the open internet . where such agreements are concluded with the provider of internet access services , that provider shall ensure , in accordance with the principle of net neutrality , that the performance , affordability or quality of open internet access services is not restricted .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the rights provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of open internet access services , within the meaning of article&#160 ; 2 , that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on freedom of opinion and information , linguistic and cultural diversity , media freedom and diversity , and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .


### the national competent authorities shall apply the least onerous authorisation system possible for allowing the use of radio spectrum , on the basis of objective , transparent , non - discriminatory and proportionate criteria , in such a way as to maximise flexibility and efficiency in radio spectrum use and to promote comparable conditions throughout the union for integrated multi - territorial investments and operations by european electronic communications providers . ### the national competent authorities shall apply the least onerous authorisation system possible for allowing the use of radio spectrum , on the basis of objective , transparent , non - discriminatory and proportionate criteria , in such a way as to maximise flexibility and efficiency in radio spectrum use and to promote comparable conditions throughout the union for integrated multi - territorial investments and operations by electronic communications providers .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### in accordance with the principle of net neutrality providers of internet access services shall not restrict the rights provided for in paragraph 1 by blocking , slowing down , degrading , altering or discriminating against specific content , applications or services , or specific classes thereof , except in specific cases where it is strictly necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , strictly proportionate , subject to clear , comprehensible and accessible redress mechanisms and necessary to :


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . ### end - users shall be free to access and distribute information and content , run applications and use services and devices of their choice , irrespective of their origin or destination , via their internet access service .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public ought not to delete , block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a number of reasonable traffic management measures that are clearly defined in this regulation and individually justified . such measures must be transparent , necessary and proportionate .


### as regards the other main substantive conditions which may be attached to rights of use of radio spectrum for wireless broadband , the convergent application by individual member states of the regulatory principles and criteria set down in this regulation would be favoured by a coordination mechanism whereby the commission and the competent authorities of the other member states have an opportunity to comment in advance of the granting of rights of use by a given member state and whereby the commission has an opportunity , taking into account the views of the member states , to forestall implementation of any proposal which appears to be non - compliant with union law . ### as regards the other main substantive conditions which may be attached to rights of use of radio spectrum for wireless broadband , the convergent application by individual member states of the regulatory principles and criteria set down in this regulation would be favoured by a coordination mechanism whereby the commission and the competent authorities of the other member states have an opportunity to comment in advance of the granting of rights of use by a given member state .


### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , 23 testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 23 decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . several eu member states have fallen behind other global regions , such as north america and parts of asia , in terms of the roll - out and penetration of the latest generation of wireless broadband technologies , thereby holding the union back from achieving such strategic goals . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 23decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 . 24decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : implement a legislative provision or a court order , or prevent or impede serious crimes ; b ) preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals ; c ) prevent the transmission of unsolicited communications to end - users who have given their prior consent to such restrictive measures ; d ) minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph . ### providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by discriminating against , restricting , or otherwise interfering with the transmission of specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures to prevent or minimise the effects of network congestion , provided that equivalent types of traffic are treated equally , or to implement a court order . such measures shall be set by transparent procedures and they shall not be maintained longer than what is strictly necessary and provide adequate safeguards , in particular to ensure that any restrictions are limited to what is necessary , they are non - discriminatory and proportionate . those safeguards shall include the possibility of judicial redress . reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this article .


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . ### end - users have the right to access and distribute information and content , run applications and use services and devices of their choice via their internet access service . in order to guarantee a genuine users ' freedom of choice , internet service providers shall not discriminate , restrict or interfere with the transmission of internet traffic .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public should not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate to the legitimate goal to be attained and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances and that the provider is able to demonstrate at the request of the national competent authority that impartial traffic management would prove less efficient . when taking such measures providers of electronic communications should inform the content , applications and services providers concerned .


### freedom to provide and avail of open internet access , and reasonable traffic management ### open internet access , specialised services and reasonable , justified data traffic management


### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , 23 testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 23 decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 . 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states having sought and been granted a derogation by the commission or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , 23 testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 23 decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . there is nothing in current union law preventing agreements for the provision of such transmission services . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public may be necessary for the provision of certain services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore continue to be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not impair the general quality of internet access services .


### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access or use specific content , applications or services , or a combination thereof , in order to ensure adequate characteristics from end - to - end . a specialised service is operated within closed electronic communications networks and thus clearly separated from internet access services and is not marketed or used as a substitute for internet access service ;


### the application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll - out of union - wide services and the completion of the internal market for wireless broadband communications . it could in particular create unequal conditions for access to such services , hamper competition between undertakings established in different member states and stifle investments in more advanced networks and technologies and the emergence of innovative services , thereby depriving citizens and businesses of ubiquitous integrated high - quality services and wireless broadband operators of increased efficiency gains from large - scale more integrated operations . therefore , action at union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the union . at the same time , member states should retain the right to adopt measures to organise their radio spectrum for public order , public security purposes and defence . ### radio spectrum serves the public interest in a wide range of areas in the member states . in that connection , due account has to be taken of a host of specific national and regional characteristics . member states should therefore also retain the right to adopt measures to organise their radio spectrum which are required to carry out specific cultural and social tasks . alongside terrestrial broadcasting and the cultural and creative sectors , this also includes public order , public security and defence purposes . in the event of disputes between member states regarding the use of spectrum , the commission plays a supplementary coordinating role in support of the member states .


### the technical characteristics of different available radio spectrum bands , ### the technical characteristics and the current and planned use of different available radio spectrum bands ;


### the national competent authorities for radio spectrum shall contribute to the development of a wireless space where investment and competitive conditions for high - speed wireless broadband communications converge and which enables planning and provision of integrated multi - territorial networks and services and economies of scale , thereby fostering innovation , economic growth and the long - term benefit of end users . ### without prejudice to the protection of the common interest in accordance with article 9 of directive 2002 / 21 / ec , the national competent authorities for radio spectrum shall contribute to the development of a wireless space where investment and competitive conditions for high - speed wireless broadband communications converge and which enables planning and provision of integrated multi - territorial networks and services and economies of scale , thereby fostering innovation , economic growth and the long - term benefit of end users . due account shall be taken of the possibility of establishing multi - functional networks that combine broadcasting and mobile telephone technology on a single platform .


### freedom to provide and avail of open internet access , and reasonable traffic management ### open internet access , specialised services and reasonable , justified traffic management


### implement a legislative provision or a court order , or prevent or impede serious crimes ; ### implement a legislative provision or a court order ;


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers are able to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this might in future help the development of new services such as machine - to - machine . special services must neither impair open internet access service quality nor to be marketed or used as an internet substitute . they are admissible only if there is a manifest technical and de facto need , over and above economic self - interest , to be able to supply real - time critical applications meeting particular quality standards . if specialised services are offered or marketed by access network providers , they are also under the obligation to provide an open internet access service in accordance with the principle of net neutrality and within the meaning of recital 45 , and must not impair its quality . all open internet services are subject to the best effort principle .


### end - users shall also be free to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . ### providers of electronic communications to the public or providers of content , applications and services may provide specialised services to a limited user group , access to which is controlled , through a closed electronic communications network . specialised services may not be marketed or used as an internet substitute or provide content , applications or services functionally identical to those of the open internet . where such agreements are concluded with the provider of internet access services , that provider shall ensure , in accordance with the principle of net neutrality , that the performance , affordability or quality of open internet access services is not restricted .


### the application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll - out of union - wide services and the completion of the internal market for wireless broadband communications . it could in particular create unequal conditions for access to such services , hamper competition between undertakings established in different member states and stifle investments in more advanced networks and technologies and the emergence of innovative services , thereby depriving citizens and businesses of ubiquitous integrated high - quality services and wireless broadband operators of increased efficiency gains from large - scale more integrated operations . therefore , action at union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the union . at the same time , member states should retain the right to adopt measures to organise their radio spectrum for public order , public security purposes and defence . ### the eu telecom package as revised in 2009 establishes the principles for spectrum management . radio spectrum serves the public interest in a wide range of areas in the member states . in that connection , due account has to be taken of a host of specific national and regional characteristics . member states should therefore also retain the right to adopt measures to organise and manage their radio spectrum which are necessary to carry out specific cultural , social and audiovisual tasks . alongside terrestrial broadcasting and the cultural and creative sectors , this also includes public order , public security and defence . therefore , action at union level regarding certain aspects of radio spectrum assignment should continue to endorse a dynamic approach to spectrum management , which recognises member states ' competence in this field and respects the cultural , audiovisual and media policies of each member state . in the event of disputes between member states regarding the use of spectrum , the commission has a supplementary coordinating role to play in support of the member states .


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . ### end - users have the right to access and distribute information and content , run applications connect hardware and use services , software and devices of their choice via their internet access service , in accordance with the principle of net neutrality .


### the commission shall submit reports on the evaluation and review of this regulation to the european parliament and the council at regular intervals . the first report shall be submitted no later than 1 july 2018 . subsequent reports shall be submitted every four years thereafter . the commission shall , if necessary , submit appropriate proposals with a view to amending this regulation , and aligning other legal instruments , taking account in particular of developments in information technology and of the state of progress in the information society . the reports shall be made public . ### the commission shall perform a comprehensive evaluation and review of the entire regulatory framework for electronic communications , and shall submit a report with appropriate proposals to the european parliament and the council by 30 june 2016 in order to allow sufficient time for the legislator to analyse and debate the proposals properly . the review shall be based on a full public consultation as well as on ex - post assessments of the impact of the regulatory framework since 2009 and a thorough ex - ante assessment of the expected impact of the options emanating from the review . the review shall include : the universal service obligation , including the obligation to offer broadband internet access at a fair price ; the competence of national regulatory authorities for all issues , including spectrum , that are addressed by the framework ; the powers granted to the national regulatory authorities in the member states and the scope of the requirement of independence of national regulatory authorities ; cooperation between the national regulatory authorities and national competition authorities ; the symmetric obligations relating to network access ; the rules on leverage effects and joint dominance ; the market review processes ; the impact of services that are fully substitutable to those provided by traditional providers ; including whether clarifications are needed regarding the reach of the regulatory framework’s technological neutrality and regarding the dichotomy between services in the ‘ information society’ bracket and those in the ‘ electronic communications’ bracket ; the necessity of abolishing redundant regulation ; the lifting of regulation where a market analysis has shown the market concerned to be truly competitive ; the experience with non - discrimination obligations and remedies ; the effectiveness and functioning of the procedures established in articles 7 and 7a of directive 2002 / 21 / ec ; the effectiveness and functioning of the procedure established in article 19 of directive 2002 / 21 / ec ; pan - european services and operators , taking into account the possibility for the commision to identify transnational markets under article 15 of directive 2002 / 21 / ec ; identification of transnational markets , initially at least with respect to business services ; enabling providers to notify berec of their intention to serve such markets , and supervision of providers serving such markets by berec ; a single union authorisation and the supervisory structure for the framework as a whole ; active and passive inputs , including assured service quality products ; the recommendation on relevant markets ; the regulation of equipment , including bundling of equipment and operating systems ; the impact of the internet having become a crucial infrastructure for conducting a wide array of economic and social activities ; the main goals of the review shall include : ensuring that fully substitutable services are subject to the same rules , taking into consideration the definition of electronic communications services in article 2 of directive 2002 / 21 / ec ; ensuring that consumers have access to comprehensive and comprehensible information on internet connection speeds , in order to enable them to compare the services offered by different operators ; ensuring that users of digital services are able to control their digital life and data by removing obstacles to switching operating systems without losing their applications and data ; further promoting effective and sustainable competition ; providing a stable and sustainable framework for investment ; ensuring a harmonised , consistent and effective application ; facilitating the development of pan - european providers and the provision of cross - border business services ; ensuring that the regulatory framework is adequate for the digital age and delivers an internet ecosystem that supports the entire economy , and increasing user confidence in the internal market for electronic communications , including through measures to implement the future regulatory framework for the protection of personal data and measures to increase the security of electronic communications in the internal market .


### where the technical conditions for the availability and efficient use of harmonised radio spectrum for wireless broadband communications make it possible to use the relevant radio spectrum under a general authorisation regime , national competent authorities shall avoid imposing any additional condition and shall prevent any alternative use from impeding the effective application of such harmonised regime . ### where the technical conditions for the availability and efficient use of harmonised radio spectrum for wireless broadband communications make it possible to use the relevant radio spectrum under a general authorisation regime , national competent authorities shall avoid imposing any additional condition and shall prevent any alternative use from impeding the effective application of such harmonised regime . this shall be without prejudice to the provisions of article 2 .


### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ' specialised service ' means an electronic communications service , operated within closed electronic communications networks using the internet protocol with strict admission control ; and that is not marketed or used as a substitute for internet access service or functionally identical to services available over the public internet access service ;


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : implement a legislative provision or a court order , or prevent or impede serious crimes ; b ) preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals ; c ) prevent the transmission of unsolicited communications to end - users who have given their prior consent to such restrictive measures ; d ) minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph . ### providers of internet access services shall specifically not restrict the provisions of paragraph 1 by : - deleting , blocking , slowing down , degrading or discriminating against specific content , applications , services or terminal devices , or specific classes thereof , - prioritising specific content , applications , services or terminal devices , or specific classes thereof , or - concluding special pricing agreements with the end - user which make accessing particular content , applications , services or terminal devices or specific classes thereof seem less economically attractive , except in cases where it is necessary to apply justified and reasonable data traffic management measures . data traffic management measures shall be regarded as justified and reasonable where they : - preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals , or - minimise the effects of proven temporary and exceptional network congestion and manage traffic in the event of such acute network congestion , provided that all content , applications and services are treated in accordance with the best effort principle . they must not be maintained any longer than is strictly necessary . data traffic management measures shall be transparent , non - discriminatory , proportionate , necessary , and subject to clear , comprehensible and accessible redress mechanisms .


### there is also end - user demand for services and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public or by content , applications or service providers . such services may comprise inter alia broadcasting via internet protocol , video - conferencing and certain health applications . end - users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . ### there is also end - user demand for services and applications requiring an enhanced service quality offered by providers of electronic communications to the public or by content , applications or service providers . such services may comprise inter alia broadcasting via internet protocol , video - conferencing , gaming and certain health applications . end - users should therefore also be free to conclude voluntary agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . where such agreements are concluded with a provider of internet access services , that provider shall ensure that the enhanced quality is not to the detriment of the performance , affordability or quality of internet access services and does not restrict net neutrality . however , specialised services should remain the exception and should not be marketed or widely used as a substitute for internet access services ;


### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council23 , testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 23 decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 . 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , while some areas of the union are far advanced , both with respect to the policy goals of the digital agenda for europe and globally , other areas have been lagging behind . in particular , this is due to the fragmentation of the union process for making available spectrum particularly suitable for high speed wireless broadband access , which jeopardises the achievement of those policy goals for the union as a whole . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states having been granted a derogation by the commission or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council23 , testifies to the urgency of action even within the term of the current rspp . it also indicates a need for improvement in the commission ' s exercise of its powers , of crucial importance for the loyal implementation of union measures and sincere cooperation between member states . stringent efforts by the commission to enforce already adopted union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 should , by themselves , contribute substantially to addressing this problem . __________________ 23 decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 . 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be relevant , efficient , transparent , proportionate and non - discriminatory , and in accordance with existing laws including , inter alia , privacy and data protection . preserving the integrity and security of the network and minimising the effects of network congestion through traffic management measures should be considered reasonable provided that it occurs only temporarily or in exceptional circumstances and provided that equivalent types of traffic are treated equally .


### ' specialised service ' means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ʻspecialised serviceʼ means an electronic communications service or any other service that is provided and operated only within closed electronic communications networks and is not marketed or used as an internet substitute or functionally identical to the content , applications or services of the open internet . a specialised service shall be admissible only where there is a manifest technical and factual need , over and above economic self - interest , for particular real - time critical applications meeting certain quality criteria . it is characterised by clearly - defined , guaranteed and customised quality - of - service parameters which are subject to continuous end - to - end management up to the ‘ last mile’ by the specialised service provider . a specialised service may not be limited to an endpoint controlled by the service provider .


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . end - users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and , in accordance with any such agreements relative to data volumes , to avail of any offers by providers of internet content , applications and services . ### end - users shall be free to access and distribute information and content , run applications , and use devices , services and software of their choice , irrespective of their origin or destination , via their internet access service . internet access service providers shall not restrict or prevent the use by end - users of any terminal equipment to access and distribute information and content via their internet access service . this is in accordance with directive of the european parliament and of the council 2014 / . . . / eu1a*and without prejudice to the rights of member states to grant individual rights of use under article 5 of directive 2002 / 20 / ec . _________________ 1a directive 2014 / . . . / eu of the european parliament and of the council of . . . on the harmonisation of the laws of the member states relating to the making available on the market of radio equipment and repealing directive 1999 / 5 / ec . * oj : please insert number of the directive and the number , date of adoption and publication reference of the directive in footnote 33a .


### the application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll - out of union - wide services and the completion of the internal market for wireless broadband communications . it could in particular create unequal conditions for access to such services , hamper competition between undertakings established in different member states and stifle investments in more advanced networks and technologies and the emergence of innovative services , thereby depriving citizens and businesses of ubiquitous integrated high - quality services and wireless broadband operators of increased efficiency gains from large - scale more integrated operations . therefore , action at union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the union . at the same time , member states should retain the right to adopt measures to organise their radio spectrum for public order , public security purposes and defence . ### radio spectrum serves the public interest in a wide range of areas in the member states . in that connection , due account has to be taken of a host of specific national and regional characteristics . member states should therefore also retain the right to adopt measures to organise their radio spectrum which are required to carry out specific cultural and social tasks . alongside terrestrial broadcasting and the cultural and creative sectors , this also includes public order , public security and defence purposes . in the event of disputes between member states regarding the use of spectrum , the commission plays a supplementary coordinating role in support of the member states .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public ought not to delete , block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a number of reasonable traffic management measures that are clearly defined in this regulation and individually justified . such measures must be transparent , necessary and proportionate .


### in a seamless single market in electronic communications , the freedom to provide electronic communications networks and services to every customer in the union and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders . the current regulatory framework for electronic communications does not fully address such fragmentation , with national , rather than union - wide general authorisation regimes , national spectrum assignment schemes , differences of access products available for electronic communications providers in different member states , and different sets of sector - specific consumer rules applicable . the union rules in many cases merely define a baseline , and are often implemented in diverging ways by the member states . ### in a seamless single market in electronic communications , the opportunity for each individual to access electronic communications networks and services in the union , the freedom to provide these and the right of each end - user to choose the best offer available on the market must be ensured by fair competition and must not be hindered by the fragmentation of markets along national borders .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers have the opportunity to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this is expected to play an important role in the development of new services such as machine - to - machine communications . special services must neither impair open internet access service quality nor be marketed or used as an internet substitute . they are admissible only if there is a manifest technical and de facto need , over and above economic self - interest , to be able to supply real - time critical applications of a particular quality . if special services are offered or marketed by access network providers , they are also under the obligation to provide an open internet access service as referred to in recital . all open internet services are subject to the best - effort principle .


### the freedom of end - users to access and distribute information and lawful content , run applications and use services of their choice is subject to the respect of union and compatible national law . this regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other union legislation , including copyright rules and directive 2000 / 31 / ec . ### the right of end - users to access and distribute information and content , run applications and use services of their choice is subject to the respect of union and compatible national law .