### in order to further increase the efficiency of the centralised system for the recognition of third countries , the reassessment of third countries which provide low number of seafarers in the union fleet should be performed in longer intervals which should be increased to ten years . however , this longer period of reassessment of the system of such third countries should be combined with priority criteria which take into account safety concerns , balancing the need for efficiency with an effective safeguard mechanism in case of deterioration of the quality of seafarers ' training provided in the relevant third countries . ### in order to further increase the efficiency of the centralised system for the recognition of third countries , the reassessment of third countries which provide low number of seafarers in the union fleet should be performed in longer intervals which should be increased to seven years . however , this longer period of reassessment of the system of such third countries should be combined with priority criteria which take into account safety and other relevant concerns , in particular balancing the need for efficiency with an effective safeguard mechanism in case of deterioration of the quality of seafarers ' training provided in the relevant third countries .


### information on the seafarers employed from third countries has become available at union level through the communication by the member states of the relevant information kept in their national registers regarding issued certificates and endorsements . this information should be used not only for statistical and policy making purposes but also for the purpose of improving the efficiency of the centralised system recognising third countries . based on the information communicated by the member states , recognised third countries which have not provided the union fleet with seafarers for a period of at least five years shall be withdrawn from the list of recognised third countries . in addition , this information shall be also used in order to prioritise the reassessment of the recognised third countries . ### information on the seafarers employed from third countries has become available at union level through the communication , wherever applicable , by the member states of the relevant information kept in their national registers regarding issued certificates and endorsements . this information should be used not only for statistical and policy making purposes but also for the purpose of improving the efficiency of the centralised system recognising third countries . based on the information communicated by the member states , recognised third countries which have not provided the union fleet with seafarers for a period of at least five years shall be withdrawn from the list of recognised third countries . in addition , this information shall be also used in order to prioritise the reassessment of the recognised third countries .


### for the purposes of paragraph 8 of article 20 , paragraph 2 of article 21 and for use by the member states and the commission in policy - making , member states shall submit to the commission , on a yearly basis , the information referred to in annex v to this directive on certificates of competency and endorsements attesting the recognition of certificates of competency . they may also provide , on a voluntary basis , the information on certificates of proficiency issued to ratings in accordance with chapters ii , iii and vii of the annex to the stcw convention . ### for the purposes of paragraph 8 of article 20 , paragraph 2 of article 21 and for use by the member states and the commission in policy - making , member states shall submit to the commission , on a yearly basis , the information referred to in annex v to this directive on certificates of competency and endorsements attesting the recognition of certificates of competency . member states shall also submit the information on certificates of proficiency issued to ratings in accordance with chapters ii , iii and vii of the annex to the stcw convention . '


### every member state shall accept certificates of proficiency and documentary evidence issued by another member state , or under its authority , for the purpose of allowing seafarers to serve on - board its fleet . ### every member state shall accept certificates of proficiency and documentary evidence issued by another member state , or under its authority , for the purpose of allowing seafarers to serve on - board its fleet . the initial decision regarding the acceptance of such certificates or evidence shall be issued within one month of receipt of the request and supporting documentation .


### every member state shall recognise certificates of competency issued by another member state or certificates of proficiency issued by another member state to masters and officers in accordance with regulations v / 1 - 1 and v / 1 - 2 of annex i , by endorsing that certificate to attest its recognition . the endorsement attesting the recognition , shall be limited to the capacities , functions and levels of competency or proficiency prescribed therein . the form of the endorsement used shall be that set out in paragraph 3 of section a - i / 2 of the stcw code . ### every member state shall recognise certificates of competency issued by another member state or certificates of proficiency issued by another member state to masters and officers in accordance with regulations v / 1 - 1 and v / 1 - 2 of annex i , by endorsing that certificate to attest its recognition . the endorsement attesting the recognition , shall be limited to the capacities , functions and levels of competency or proficiency prescribed therein . the endorsement shall only be issued if all requirements of the stcw convention have been complied with , in accordance with paragraph 7 of regulation i / 2 of the stcw convention . the form of the endorsement used shall be that set out in paragraph 3 of section a - i / 2 of the stcw code .


### member states shall ensure that seafarers have the right to appeal against any refusal to endorse or accept a valid certificate , or the absence of any response , in accordance with national legislation and procedures . ### member states shall ensure that seafarers have the right to appeal against any refusal to endorse or accept a valid certificate , or the absence of any response , in accordance with national legislation and procedures and that seafarers shall be provided with adequate advice and assistance free of charge regarding such appeals .


### member states shall ensure that seafarers have the right to appeal against any refusal to endorse or accept a valid certificate , or the absence of any response , in accordance with national legislation and procedures . ### member states shall ensure that seafarers have the right to appeal against any refusal to endorse or accept a valid certificate , the absence of any response or unjustified delays , in accordance with national legislation and procedures .


### a member state which intends to recognise , by endorsement , the certificates of competency or the certificates of proficiency referred to in paragraph 1 issued by a third country to a master , officer or radio operator , for service on ships flying its flag , shall submit a request to the commission for the recognition of that third country , accompanied by a preliminary analysis of the third country ' s compliance with the requirements of the stcw convention by collecting the information referred to in annex ii , including an estimation of the number of masters and officers from that country likely to be employed . ### a member state which intends to recognise , by endorsement , the certificates of competency or the certificates of proficiency referred to in paragraph 1 issued by a third country to a master , officer or radio operator , for service on ships flying its flag , shall , following consultations with appropriate social partners in that member state , submit a request to the commission for the recognition of that third country , accompanied by a preliminary analysis of the third country ' s compliance with the requirements of the stcw convention by collecting the information referred to in annex ii . in addition to the preliminary analysis on compliance , the member state shall submit a reasoned estimation of the number of masters , officers and radio operators from that country likely to be employed , together with information on the results of social partner consultations .


### a member state which intends to recognise , by endorsement , the certificates of competency or the certificates of proficiency referred to in paragraph 1 issued by a third country to a master , officer or radio operator , for service on ships flying its flag , shall submit a request to the commission for the recognition of that third country , accompanied by a preliminary analysis of the third country ' s compliance with the requirements of the stcw convention by collecting the information referred to in annex ii , including an estimation of the number of masters and officers from that country likely to be employed . ### a member state which intends to recognise , by endorsement , the certificates of competency or the certificates of proficiency referred to in paragraph 1 issued by a third country to a master , officer or radio operator , for service on ships flying its flag , shall submit a request to the commission for the recognition of that third country , accompanied by a preliminary analysis of the third country ' s compliance with the requirements of the international maritime labour convention and the stcw convention by collecting the information referred to in annex ii , including an estimation of the number of masters and officers from that country likely to be employed .


### when a positive decision for initiating the recognition procedure has been adopted , the commission , assisted by the european maritime safety agency and with the possible involvement of the member state submitting the request , shall collect the information referred to in annex ii and shall carry out an assessment of the training and certification systems in the third country for which the request for recognition was submitted , in order to verify whether the country concerned meets all the requirements of the stcw convention and whether appropriate measures have been taken to prevent issuance of fraudulent certificates . ### when a positive decision for initiating the recognition procedure has been adopted , the commission , assisted by the european maritime safety agency and with the possible involvement of the member state submitting the request and any other affected member states , shall collect the information referred to in annex ii and shall carry out an assessment of the training and certification systems in the third country for which the request for recognition was submitted , in order to verify whether the country concerned meets all the requirements of the stcw convention and whether appropriate measures have been taken to prevent issuance of fraudulent certificates .


### if there are no endorsements attesting recognition issued by a member state in relation to certificates of competency or certificates of proficiency , referred to in paragraph 1 of article 19 , issued by a third country for a period of more than 5 years , the recognition of that country ' s certificates shall be withdrawn . to this end , the commission shall adopt implementing decisions , in accordance with the examination procedure referred to in article 28 , after notifying the member states as well as the third country concerned at least two months in advance . ### if there are no endorsements attesting recognition issued by a member state in relation to certificates of competency or certificates of proficiency , referred to in paragraph 1 of article 19 , issued by a third country for a period of more than 5 years , the recognition of that country ' s certificates shall be re - examined and may be , if necessary , withdrawn . to this end , the commission shall adopt implementing decisions , in accordance with the examination procedure referred to in article28 , after notifying the member states as well as the third country concerned at least four months in advance .


### the number of programs approved by the third country ; ### the number of seafarers’ training and development programs approved by the third country ;


### there is currently an imbalance in the performance of customs control by member states . this imbalance is due both to geographic differences between member states and in their respective capacities and resources . the ability of member states to react to challenges generated by the constantly evolving global business models and supply chains depend not only on the human component but also on the availability of modern and reliable customs control equipment . the provision of equivalent customs control equipment is therefore an important element in addressing the existing imbalance . it will improve equivalence in the performance of customs controls throughout member states and thereby avoid the diversion of the flows of goods towards the weakest points . ### there is currently an imbalance in the performance of customs control by member states . this imbalance is due both to geographic differences between member states and in their respective capacities and resources . the ability of member states to react to challenges generated by the constantly evolving global business models and supply chains depend not only on the human component but also on the availability of modern and reliable customs control equipment , that can assure the digitalisation of the controls and inspections . the provision of equivalent customs control equipment is therefore an important element in addressing the existing imbalance . it will improve equivalence in the performance of customs controls throughout member states and thereby avoid the diversion of the flows of goods towards the weakest points .


### as customs authorities of the member states have been taking up an increasing number of responsibilities , which often extend to the field of security and take place at the external border , ensuring equivalence in carrying out border control and customs control at the external borders needs to be addressed by providing adequate union financial support to the member states . it is equally important to promote inter - agency cooperation at union borders as regards controls of goods and controls of persons among the national authorities in each member state that are responsible for border control or for other tasks carried out at the border . ### as customs authorities of the member states have been taking up an increasing number of responsibilities , which often extend to the field of security and take place at the external border , ensuring equivalence in carrying out border control and customs control at the external borders needs to be addressed by providing adequate union financial support to the member states . it is equally important to promote inter - agency cooperation at union borders as regards controls of goods among the national authorities in each member state .


### regulation [ 2018 / xxx ] of the european parliament and of the council23 establishes the ' customs ' programme for cooperation in the field of customs to support the customs union and customs authorities . in order to preserve the coherence and horizontal coordination of cooperation actions , it is appropriate to implement all of them under one single legal act and set of rules . therefore , only the purchase , maintenance and upgrade of the eligible customs control equipment should be supported under this instrument while the customs programme for cooperation in the field of customs should support related actions , such as cooperation actions for the assessment of needs or training relating to the equipment concerned . _________________ 23 com 442 . ### regulation [ 2018 / xxx ] of the european parliament and of the council23 establishes the ' customs ' programme for cooperation in the field of customs to support the customs union and customs authorities . in order to preserve the coherence and horizontal coordination of cooperation actions , it is appropriate to implement all of them under one single legal act and set of rules . therefore , only the purchase , maintenance and upgrade of the eligible customs control equipment should be supported under this instrument while the customs programme for cooperation in the field of customs should support related actions , such as cooperation actions for the assessment of needs or training relating to the equipment concerned and the establishing of common control procedures . _________________ 23 com 442 .


### most customs control equipment may be equally or incidentally fit for controls of compliance with other legislation , such as provisions on border management , visa or police cooperation . the integrated border management fund has therefore been conceived as two complementary instruments with distinct but coherent scopes for the purchase of equipment . on the one hand , the instrument for border management and visa established by regulation [ 2018 / xxx ] 25 will exclude equipment that can be used for both border management and customs control . on the other hand , the instrument for financial support for customs control equipment established by this regulation will not only support financially equipment with customs controls as the main purpose but will also allow its use as well for additional purposes such as border controls and security . this distribution of roles will foster inter - agency cooperation as a component of the european integrated border management approach , as referred to in article 4 of regulation 2016 / 162426 , thereby enabling customs and border authorities to work together and maximising the impact of the union budget through co - sharing and inter - operability of control equipment . _________________ 25 com 473 . 26 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec . ### most customs control equipment may be equally or incidentally fit for controls of compliance with other legislation , such as provisions on border management , visa or police cooperation . the integrated border management fund has therefore been conceived as two complementary instruments with distinct but coherent scopes for the purchase of equipment . on the one hand , the instrument for border management and visa established by regulation [ 2018 / xxx ] 25 will exclude equipment that can be used for both border management and customs control . on the other hand , the instrument for financial support for customs control equipment established by this regulation will not only support financially equipment with customs controls as the main purpose but will also allow its use as well for additional purposes such as border controls and safety and security . this distribution of roles will foster inter - agency cooperation as a component of the european integrated border management approach , as referred to in article 4 of regulation 2016 / 162426 , thereby enabling customs and border authorities to work together and maximising the impact of the union budget through co - sharing and inter - operability of control equipment . _________________ 25 com 473 . 26 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec .


### the commission shall implement information and communication actions relating to the instrument , and its actions and results . financial resources allocated to the instrument shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 3 . ### the commission shall implement information and communication actions relating to the instrument , and its actions and results in order to insure the transparency . financial resources allocated to the instrument shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 3 .


### a common policy on asylum , including a common european asylum system which is based on the full and inclusive application of the geneva convention relating to the status of refugees of 28 july 1951 , as amended by the new york protocol of 31 january 1967 , is a constituent part of the european union’s objective of establishing progressively an area of freedom , security and justice open to those who , forced by circumstances , legitimately seek protection in the union . such a policy should be governed by the principle of solidarity and fair sharing of responsibility , including its financial implications , between the member states . ### a common policy on asylum , including a common european asylum system which is based on the full and inclusive application of the geneva convention relating to the status of refugees of 28 july 1951 , as amended by the new york protocol of 31 january 1967 , is a constituent part of the european union’s objective of establishing progressively an area of freedom , security and justice open to those who , forced by circumstances , legitimately seek protection in the union . such a policy should be governed by the principle of solidarity and fair sharing of responsibility , between the member states .


### the european union agency for asylum should provide adequate support in the application of this regulation , in particular by providing experts to assist the member state authorities to receive , register , and examine applications for international protection , providing updated information regarding third countries , including country of origin information , and other relevant guidelines and tools . when applying this regulation , member states ' authorities should take into account operational standards , indicative guidelines , and best practices developed by the european union agency for asylum [ the agency ] . when assessing applications for international protection , member states ' authorities should take particular account of the information , reports , common analysis and guidance on the situation in countries of origin developed at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation34 __________________ 34 com271 final . ### the agency should provide adequate support in the application of this regulation , in particular by providing experts to assist the member state authorities to receive , register , and examine applications for international protection , providing updated information regarding third countries , including country of origin information , and other relevant guidelines and tools . when applying this regulation , member states ' authorities should take into account operational standards , indicative guidelines , and best practices developed by the agency . when assessing applications for international protection , member states ' authorities should take account of the information , reports , common analysis and guidance on the situation in countries of origin developed at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation34 . in addition , when assessing applications for international protection , member states should take into account all relevant information from the unhcr and from civil society organisations active on the ground . __________________ 34 com271 final .


### in accordance with relevant case law of the court of justice of the european union , when assessing applications for international protection , the competent authorities of the member states should use methods for the assessment of the applicant ' s credibility in a manner that respects the individual ' s rights as guaranteed by the charter , in particular the right to human dignity and the respect for private and family life . specifically as regards homosexuality , the individual assessment of the applicant ' s credibility should not be based on stereotyped notions concerning homosexuals and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices . ### in accordance with relevant case law of the court of justice of the european union , when assessing applications for international protection , the competent authorities of the member states should use methods for the assessment of the applicant ' s credibility in a manner that respects the individual ' s rights as guaranteed by the charter , in particular the right to human dignity and the respect for private and family life . specifically as regards sexual orientation and gender identity , the individual assessment of the applicant ' s credibility should not be based on stereotyped notions concerning sexual orientation and gender identity and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices . moreover , the competent national authorities should not find that the statements of the applicant lack credibility on the sole ground that the applicant did not rely on his or her sexual orientation , gender identity , gender expression or sex characteristics when he or she first set out the details of his or her persecution .


### in accordance with relevant case law of the court of justice of the european union , when assessing applications for international protection , the competent authorities of the member states should use methods for the assessment of the applicant ' s credibility in a manner that respects the individual ' s rights as guaranteed by the charter , in particular the right to human dignity and the respect for private and family life . specifically as regards homosexuality , the individual assessment of the applicant ' s credibility should not be based on stereotyped notions concerning homosexuals and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices . ### in accordance with relevant case law of the court of justice of the european union , when assessing applications for international protection , the competent authorities of the member states should use methods for the assessment of the applicant ' s credibility in a manner that respects the individual ' s rights as guaranteed by the charter , in particular the right to human dignity and the respect for private and family life . specifically as regards sexual orientation and gender identity , the individual assessment of the applicant ' s credibility should not be based on stereotyped notions concerning sexual orientation and gender identity and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices . moreover , the competent national authorities should not consider the statements of the applicant to lack credibility on the sole ground that the applicant did not rely on his or her sexual orientation , gender identity , gender expression or sex characteristics when he or she first set out the details of his or her persecution .


### when the refugee status or the subsidiary protection status ceases to exist , the application of the decision by which the determining authority of a member state revokes , ends or does not renew the status should be deferred for a reasonable period of time after adoption , in order to give the third - country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection , such as family reasons , or reasons related to employment or to education , in accordance with relevant union and national law . ### when the status of the beneficiary of international protection ceases to exist , the application of the decision by which the determining authority of a member state withdraws the status should be deferred for a reasonable period of time after adoption , in order to give the third - country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection , such as family reasons , or reasons related to employment or to education , in accordance with relevant union and national law .


### the minor children of the couples referred to in point or of the beneficiary of international protection , on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law ; ### the minor children of the couples referred to in point or of the beneficiary of international protection regardless of whether they were born in or out of wedlock or adopted as defined or recognised under national law ;


### the father , mother or another adult responsible for the beneficiary of international protection whether by law or by the practice of the member state concerned , when that beneficiary is a minor and unmarried ; ### where the beneficiary is a minor , the father , mother or another adult responsible for the beneficiary , whether by law or by practice of the member state concerned ;


### ' guardian ' means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary . ### ' guardian ' means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this regulation with a view to safeguarding the best interests of the child and his or her well - being and exercising legal capacity for the minor where necessary .


### the competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status , as soon as possible after that has been granted . that information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in article 28 on movement within the union . ### the competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status , as soon as possible after that has been granted . that information shall be provided in writing , in a language that the beneficiary can understand and shall make explicit references to the consequences of not complying with the obligations outlined in article 29 on movement within the union .


### the form and content of that information shall be determined by the commission by means of implementing acts adopted in accordance with the examination procedure referred to in article 58 of regulation xxx / xxx [ procedures regulation . ] . ### the content of that information shall , as a minimum , include the elements set out in annex ii . *


### no later than 30 days after international protection has been granted , a residence permit shall be issued using the uniform format as laid down in regulation no 1030 / 2002 . ### no later than 30 days after international protection has been granted , a residence permit shall be issued using the uniform format as laid down in regulation no 1030 / 2002 . a residence permit shall be of a duration of at least 5 years . member states shall have the possibility to set longer duration for residence permits in national law . temporary permits shall be renewable .


### no later than 30 days after international protection has been granted , a residence permit shall be issued using the uniform format as laid down in regulation no 1030 / 2002 . ### as soon as possible , and in any event no later than 15 days&#160 ; after international protection has been granted , a residence permit shall be issued using the uniform format as laid down in regulation no 1030 / 2002 .


### working conditions , including pay and dismissal , working hours , leave and holidays as well as health and safety requirements at the workplace ; ### working conditions , including pay and dismissal , working hours , leave and holidays , family leave as well as health and safety requirements at the workplace ;


### freedom of association and affiliation , and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation , including the benefits conferred by such organisations ; ### freedom of association and affiliation , and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation , including the rights and benefits conferred by such organisations ;


### employment - related education opportunities for adults , vocational training , including training courses for upgrading skills , practical workplace experience ; ### education and employment - related education opportunities , vocational training , including training courses for upgrading skills , practical workplace experience ;


### the persons and organisations working with unaccompanied minors shall receive continuous appropriate training concerning the rights and needs of minors and child safeguarding standards will be respected as referred to in art 22 of regulation eu no xxx / xxx [ procedures regulation ] . ### the persons and organisations working with unaccompanied minors shall receive continuous appropriate training concerning the rights and needs of minors and child safeguarding standards will be respected as referred to in art 22 of regulation eu no xxx / xxx [ procedures regulation ] . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , shall have the necessary qualifications and expertise to that end and shall not have a verified record of child - related crimes or offences . in order to ensure the minor’s well - being and social development , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .


### spectrum in the 470 - 790 mhz frequency band is a valuable asset for the cost - efficient deployment of wireless networks with universal indoor and outdoor coverage . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it supports the development of the media , creative and cultural sectors , which extensively rely on this spectrum resource for the wireless provision of content to mass audiences . ### spectrum in the 470 - 790 mhz frequency band is a valuable and public asset , and not only for the cost - efficient deployment of wireless networks with universal indoor and outdoor coverage . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it is thus a prerequisite for access to and dissemination of cultural goods , in particular radio . it supports the development of the media , creative and cultural sectors , which extensively rely on this spectrum resource for the wireless provision of content to mass audiences .


### in any case , spectrum usage in the 470 - 694 mhz frequency band should be reassessed at union level no later than 2025 . such an assessment should also take into account the planned review of this frequency band at the world radiocommunication conference in 2023 . changes in the use of the sub - 700 mhz frequency band should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 service and social , economic and cultural general interest objectives . in this context , studies on technical and regulatory conditions for co - existence between incumbent and new spectrum uses in the sub - 700 mhz frequency band are necessary . these would ensure coherence between the approaches taken by different member states on flexible and efficient spectrum use and would enable technical harmonisation measures for use and co - existence in this band . such studies and measures may be developed pursuant to decision no 676 / 2002 / ec . _________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council . ### in any case , spectrum usage in the 470 - 960 mhz frequency bands should be reassessed at union level no later than 2025 . such an assessment should take into account reviews of frequency bands with regard to the world radiocommunication conference in 2023 . changes in the use of the sub - 700 mhz frequency band should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 service and social , economic and cultural general interest objectives . in this context , studies on technical and regulatory conditions for co - existence between incumbent and new spectrum uses in the sub - 700 mhz frequency band are necessary . these would ensure coherence between the approaches taken by different member states on flexible and efficient spectrum use and would enable technical harmonisation measures for use and co - existence in this band . such studies and measures may be developed pursuant to decision no 676 / 2002 / ec . _________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council .


### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ; ### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen in priority the local private sector , including msmes in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to enhance its support to investment projects run by msmes , enabling access to finance , while mobilising the development of new investment projects run by msmes , further facilitating the internationalisation of msmes . in order to effectively monitor and evaluate the use of funds for the benefit of the msmes concerned , the eib shall carry out thorough due diligence and establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the final beneficiaries .


### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects that address root causes of the migration and contribute to long - term economic resilience and safeguard sustainable development in beneficiary countries . eib financing operations shall , in particular , address increased needs for infrastructure and related services to cater for the migrants influx , and boost employment opportunities for host and refugee communities to foster economic integration and enable refugees to become self - reliant . ### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects that address root causes of migratory pressures stemming from poverty , underdevelopment , inequality , demographic growth , lack of employment and economic opportunities as well as from climate change and contribute to long - term economic resilience and safeguard sustainable development in beneficiary countries while ensuring compliance with the sdgs . eib financing operations shall , in particular , strengthen humanitarian action and support for decent job creation , while ensuring the full respect of human , labour and social rights , fundamental freedoms and gender mainstreaming by implementing a rights - based approach encompassing all human and social rights in line with transparency , participation , non - discrimination and accountability . eib financing operations shall recognise that gender equality is a cross cutting issue to achieving sustainable development . a gender perspective shall be applied to all financing operations . the eib shall ensure that it develops a gender action plan by 31 december 2017 and that all eib operations under this mandate comply with the principles of its gender strategy approved in december 2016 .


### the eib monitoring shall also endeavour to cover the implementation of intermediated operations and the performance of financial intermediaries in support of smes . ### article 9 is replaced by the following : ' 3 . the eib monitoring shall cover the implementation of intermediated operations and the performance of financial intermediaries in support of smes . '


### an assessment of the quality of eib financing operations , in particular , the extent to which the eib has taken into account environmental and social sustainability in the due diligence and monitoring of the investment projects financed ; ' ### point is replaced by the following : ' an assessment of the quality of eib financing operations , in particular , the extent to which the eib has taken into account environmental and social sustainability in the due diligence and monitoring of the investment projects financed as well as measures to maximise local ownership by promoting the involvement of affected communities , civil society organisations and ngos ; '


### in the stockholm programme the european council invited the commission to examine further elements of minimum procedural rights for suspects or accused persons , and to assess whether other issues , for instance the presumption of innocence , need to be addressed , in order to promote better cooperation in that area . ### in the stockholm programme the european council invited the commission to examine further elements of minimum procedural rights for suspects or accused persons , and to assess whether other issues , for instance the presumption of innocence , need to be addressed , in order to promote better cooperation in that area between the member state authorities responsible .


### this directive should facilitate the practical application of the right to be presumed innocent and all its different aspects and also of the right to be present at one ' s trial , with a view to safeguarding the right to a fair trial . ### this directive should lead to the practical application of the right to be presumed innocent and all its different aspects and also of the right to be present at one ' s trial , with a view to safeguarding the right to a fair trial .


### the right not to incriminate oneself and not to cooperate and the right to remain silent should apply as regards questions material to the offence that someone is suspected or accused of having committed and not , for example , as regards questions relating to the personal identification of a suspect or accused person . ### the right not to incriminate oneself and not to cooperate and the right to remain silent should apply as regards questions material to the offence that someone is suspected or accused of having committed .


### the principle of effectiveness of union law requires that member states put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by union law . an effective remedy available in the event of a breach of any of the principles laid down in this directive should have , as far as possible , the effect of placing the suspects or accused persons in the same position in which they would have found themselves had the breach not occurred . ### the principle of effectiveness of union law requires that member states put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by union law . the measures should be embodied in the national law of each member state and should preferably apply uniformly throughout the union . an effective remedy available in the event of a breach of any of the principles laid down in this directive should have , as far as possible , the effect of placing the suspects or accused persons in the same position in which they would have found themselves had the breach not occurred .


### certain aspects of the right to the presumption of innocence in criminal proceedings ; ### certain aspects of the right to the presumption of innocence in criminal proceedings , such as the right not to be presented as guilty by the authorities before the final judgment , ensuring that the burden of proof rests with the prosecution and that the accused receive the benefit of any reasonable doubt as to their guilt , the right to be informed of the accusation in criminal proceedings , as well as also other related rights , such as the right of the those concerned not to incriminate themselves , the right to refuse cooperation , the right to remain silent , the right not to acknowledge guilt , the right not to be compelled to testify against themselves , the right to liberty and the right not to be placed in pre - trial detention , these rights being the essence of what constitutes a fair trial under article 6 echr ;


### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to a new trial at which they have the right to be present and which allows a fresh determination of the merits of the case , including examination of new evidence , and which may lead to the original decision to be reversed . ### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to a new trial at which they have the right to be present and which allows a fresh determination of the merits of the case , including examination of new evidence , and which may lead to the original decision to be reversed . the new trial shall be conducted in accordance with the presumption of innocence until a final irrevocable judgment has been handed down .


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


### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' voice communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a voice communications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ‘ click - through’ application on a customer service website , is not such a service . voice communications services also include means of communication specifically intended for disabled end - users using text relay or total conversation services . ### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development to ensure the non - discriminatory application of the present directive to the different service providers . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' two - way communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a two - way communications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ' click - through ' application on a customer service website , is not such a service . two - way communications services also include means of communication specifically intended for end - users with disabilities using text or video relay or total conversation services , such as voice , video and real - time text , singly or in combination , within the same call ) .


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


### in the context of a competitive environment , the views of interested parties , including users and consumers , should be taken into account by national regulatory authorities when dealing with issues related to end - users ' rights . out - of - court dispute settlement procedures may constitute a fast and cost - efficient way end - users to enforce their rights , in particular for consumers and micro and small enterprises . for consumer disputes , effective , non - discriminatory and inexpensive procedures to settle their disputes with providers of publicly available electronic communications services are already ensured by directive 2013 / 11 / eu of the european parliament and of the council31 in so far as relevant contractual disputes are concerned and the consumer is resident and the undertaking is established within the union . as many member states have established dispute resolution procedures also for end - users other than consumers , to whom directive 2013 / 11 / eu does not apply , it is reasonable to maintain the sector - specific dispute resolution procedure for both consumers and , where member states extend it , also for other end - users , in particular micro and small enterprises . in view of the deep sectorial expertise of national regulatory authorities , member states should enable the national regulatory authority to act as dispute settlement entity , through a separate body within that authority which should not be subject to any instructions . dispute resolution procedures under this directive that involve consumers should be subject to the quality requirements set out in chapter ii of directive 2013 / 11 / eu . __________________ 31 directive 2013 / 11 / eu of the european parliament and of the council of 21 may 2013 on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec . ### in the context of a competitive environment , the views of interested parties , including users and consumers , should be taken into account by national regulatory authorities when dealing with issues related to end - users ' rights . out - of - court dispute settlement procedures may constitute a fast and cost - efficient way end - users to enforce their rights , in particular for consumers and micro and small enterprises . for consumer disputes , effective , non - discriminatory and inexpensive procedures to settle their disputes with providers of publicly available electronic communications services are already ensured by directive 2013 / 11 / eu of the european parliament and of the council31 in so far as relevant contractual disputes are concerned and the consumer is resident and the undertaking is established within the union . as many member states have established dispute resolution procedures also for end - users other than consumers , to whom directive 2013 / 11 / eu does not apply , it is reasonable to maintain the sector - specific dispute resolution procedure for both consumers and , where member states extend it , also for other end - users , in particular micro and small enterprises . consumers should always be allowed to resolve their disputes with undertakings providing electronic communications networks and services through sector - specific dispute resolution procedure , if they wish to do so . in view of the deep sectorial expertise of national regulatory authorities , member states should enable the national regulatory authority to act as dispute settlement entity , through a separate body within that authority which should not be subject to any instructions . dispute resolution procedures under this directive that involve consumers should be subject to clear and efficient procedures and the quality requirements set out in chapter ii of directive 2013 / 11 / eu . __________________ 31 directive 2013 / 11 / eu of the european parliament and of the council of 21 may 2013 on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec .


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


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


### a fundamental requirement of universal service is to ensure that all end - users have access at an affordable price to available functional internet access and voice communications services , at least at a fixed location . member states should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations . ### a fundamental requirement of universal service is to follow a universal design approach in order to ensure that all end - users , including end - users with disabilities , have equal access to an affordable and available internet access and two - way communications services , at least at a fixed location to all citizens , especially for socially disadvantaged communities . member states should also have the possibility to ensure affordability , availability and accessibility of services provided also to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations .


### the speed of internet access experienced by a given user may depend on a number of factors , including the provider of internet connectivity as well as the given application for which a connection is being used . the affordable functional internet access service should be sufficient in order to support access to and use of a minimum set of basic services that reflect the services used by the majority of end - users . this minimum list of services should be further defined by member states , in order to allow an adequate level of social inclusion and participation in the digital society and economy in their territory . ### the available , affordable and accessible internet access provided under the universal service obligation should have the capacity to support access to and use of basic internet services and minimum bandwidth that reflect the needs of the majority of end - users and is needed to allow citizens an adequate level of social inclusion and participation in the digital society and economy in their territory . this would ensure that all consumers have access to what is a standard basic broadband in the member state . the requirements of union legislation on open internet , in particular of regulation no 2015 / 2120 of the european parliament and of the council of 25 november 2015 , should apply to any list of internet access services or minimum bandwidth adopted under the universal service obligation .


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


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


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


### for data communications at data rates that are sufficient to permit a functional internet access , fixed - line connections are nearly universally available and used by a majority of citizens across the union . the standard fixed broadband coverage and availability in the union stands at 97% of homes in 2015 , with an average take - up rate of 72% , and services based on wireless technologies have even greater reach . however , there are differences between member states as regards availability and affordability of fixed broadband across urban and rural areas . ### for data communications at data rates that are sufficient to permit an internet access , fixed - line connections are nearly universally available and used by a majority of citizens across the union . the standard fixed broadband coverage and availability in the union stands at 97% of homes in 2015 , with an average take - up rate of 72% , and services based on wireless technologies have even greater reach . however , there are differences between member states as regards availability and affordability of fixed broadband across urban and rural areas .


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


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


### in order to provide stability and support a gradual transition , member states should be able to continue to ensure the provision of universal services in their territory , other than functional internet access and voice communications services at a fixed location , that are included in the scope of their universal obligations on the basis of directive 2002 / 22 / ec at the entry into force of this directive , provided the services or comparable services are not available under normal commercial circumstances . allowing the continuation of the provision of public payphones , directories and directory enquiry services under the universal service regime , as long as the need is still demonstrated , would give member states the flexibility necessary to duly take into account the varying national circumstances . however , the financing of such services should be done via public funds as for the other universal service obligations . ### member states should be able to continue to ensure the provision of universal services in their territory , other than functional internet access and voice communications services at a fixed location , that are included in the scope of their universal obligations on the basis of directive 2002 / 22 / ec at the entry into force of this directive , provided the services or comparable services are not available under normal commercial circumstances . public pay telephones and communications access points should be provided in key points , such as airports or train and bus stations , as well as places used by people in cases of emergencies , such as hospitals , police stations and highway emergency areas , to meet the reasonable needs of end - users , including end - users with disabilities allowing the continuation of the provision of public payphones , directories and directory enquiry services under the universal service regime , as long as the need is still demonstrated , would give member states the flexibility necessary to duly take into account the varying national circumstances . however , the financing of such services should be done via public funds .


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


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


### when a universal service obligation represents an unfair burden on an undertaking , it is appropriate to allow member states to establish mechanisms for efficiently recovering net costs . the net costs of universal service obligations should be recovered via public funds . functional internet access brings benefits not only to the electronic communications sector but also to the wider online economy and to society as a whole . providing a connection which supports broadband speeds to an increased number of end - users enables them to use online services and so actively to participate in the digital society . ensuring such connections on the basis of universal service obligations serves at least as much the public interest as it serves the interests of electronic communications providers . therefore member states should compensate the net costs of such connections supporting broadband speeds as part of the universal service from public funds , which should be understood to comprise funding from general government budgets . ### when a universal service obligation represents an unfair burden on an undertaking , it is appropriate to allow member states to establish mechanisms for efficiently recovering net costs . the net costs of universal service obligations should be recovered via public funds or through a private mechanism . functional internet access brings benefits not only to the electronic communications sector but also to the wider online economy and to society as a whole . providing a connection which supports broadband speeds to an increased number of end - users enables them to use online services and so actively to participate in the digital society . ensuring such connections on the basis of universal service obligations serves at least as much the public interest as it serves the interests of electronic communications providers . therefore member states should compensate the net costs of such connections supporting broadband speeds as part of the universal service from public funds or through sharing the costs between providers of electronic communication networks and services , and information society services .


### provisions on contracts in this directive should apply irrespective the amount of any payment to be made by the customer . they should apply not only to consumers but also to micro and small enterprises as defined in commission recommendation 2003 / 361 / ec , whose bargaining position is comparable to that of consumers and which should therefore benefit from the same level of protection . the provisions on contracts , including those contained in directive 2011 / 83 / eu on consumer rights , should apply automatically to those undertakings unless they prefer negotiating individualised contract terms with providers of electronic communications services . as opposed to micro and small enterprises , larger enterprises usually have stronger bargaining power and do , therefore , not depend on the same contractual information requirements as consumers . other provisions , such as number portability , which are important also for larger enterprises should continue to apply to all end - users . ### in order to achieve a high level of consumer protection , several end - user provisions should be reasonably enhanced in this directive in the light of best practices in member states . minimum harmonisation of consumers ' rights across europe increases the trust of end - users in the internal market as they benefit from a high level of protection when using electronic communications networks and services . therefore , member states should maintain the possibility to have a higher level of end - user protection and to act in areas not covered by this directive .


### the specificities of the electronic communications sector require , beyond horizontal contract rules , a limited number of additional end - user protection provisions . end - users should inter alia be informed of any quality of service levels offered , , conditions for promotions and termination of contracts , applicable tariff plans and tariffs for services subject to particular pricing conditions . that information is relevant for most publicly available electronic communications services but not for number - independent interpersonal communications services . in order to enable the end - user to make a well - informed choice , it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language . for the same reason , providers should present a summary of the essential contract terms . in order to facilitate comparability and reduce compliance cost , berec should issue a template for such contract summaries . ### the specificities of the electronic communications sector require , beyond horizontal contract rules an additional end - user protection provisions . end - users should inter alia be informed of any quality of service levels offered , conditions for promotions and termination of contracts , applicable tariff plans and tariffs for services subject to particular pricing conditions . that information is relevant for most publicly available electronic communications services . in order to enable the end - user to make a well - informed choice , it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language . for the same reason , providers should present a summary of the essential contract terms . in order to facilitate comparability and reduce compliance cost , berec should issue a template for such contract summaries . the pre - contractual information as well as the summary template should constitute an integral part of the final contract .


### with respect to terminal equipment , the customer contract should specify any restrictions imposed by the provider on the use of the equipment , such as by way of ‘ sim - locking’ mobile devices , if such restrictions are not prohibited under national legislation , and any charges due on termination of the contract , whether before or on the agreed expiry date , including any cost imposed in order to retain the equipment . any charges due at early termination for terminal equipment and other promotional advantages should be calculated on the basis of customary depreciation methods and on a pro rata temporis basis , respectively . ### where a compensation linked to subsidised terminal equipment bundled with the contract at the moment of the contract conclusion exists , the maximum compensation that consumers should pay shall be determined based on either the remaining instalments for the terminal equipment bundled with the contract at the moment of the contract conclusion or the remaining part of the service fee until the end of the contract , whichever amount is smaller . any restriction on the usage of terminal equipment on other networks shall be lifted , free of charge , by the provider at the latest upon payment of such compensation .


### the availability of transparent , up - to - date and comparable information on offers and services is a key element for consumers in competitive markets where several providers offer services . end - users should be able to easily compare the prices of various services offered on the market based on information published in an easily accessible form . in order to allow them to make price and service comparisons easily , national regulatory authorities should be able to require from undertakings providing electronic communications networks and / or electronic communications services other than number - independent interpersonal communications services greater transparency as regards information . any such requirements should take due account of the characteristics of those networks or services . they should also ensure that third parties have the right to use , without charge , publicly available information published by such undertakings , in view of providing comparison tools . ### the availability of transparent , up - to - date and comparable information on offers and services is a key element for consumers in competitive markets where several providers offer services . end - users should be able to easily compare the prices of various services offered on the market based on information published in an easily accessible form . in order to allow them to make price and service comparisons easily , national regulatory authorities should be able to require from undertakings providing electronic communications networks and / or electronic communications services greater transparency as regards information . any such requirements should take due account of the characteristics of those networks or services . they should also ensure that third parties have the right to use , without charge , publicly available information published by such undertakings , in view of providing comparison tools . no internet access or interpersonal communication service provider should be given favourable treatment in search results .


### in order to take full advantage of the competitive environment , consumers should be able to make informed choices and to change providers when it is in their best interest . it is essential to ensure that they are able to do so without being hindered by legal , technical or practical obstacles , including contractual conditions , procedures , charges etc . that does not preclude undertakings from setting reasonable minimum contractual periods of up to 24 months in consumer contracts . however , member states should have the possibility to set a shorter maximum duration in light of national conditions , such as levels of competition and stability of network investments . independently from the electronic communications service contract , consumers might prefer and benefit from a longer reimbursement period for physical connections . such consumer commitments can be an important factor in facilitating deployment of very high capacity connectivity networks up to or very close to end - user premises , including through demand aggregation schemes which enable network investors to reduce initial take - up risks . however , the rights of consumers to switch between providers of electronic communications services , as established in this directive , should not be restricted by such reimbursement periods in contracts on physical connections . ### in order to take full advantage of the competitive environment , consumers should be able to make informed choices and to change providers when it is in their best interest . it is essential to ensure that they are able to do so without being hindered by legal , technical or practical obstacles , including contractual conditions , procedures , charges etc . that does not preclude undertakings from setting reasonable minimum contractual periods of up to 24 months in consumer contracts . however , member states should have the possibility to set a shorter maximum duration in light of national conditions , such as levels of competition and stability of network investments . independently from the electronic communications service contract , consumers might prefer and benefit from a longer reimbursement period for physical connections . however , the rights of consumers to switch between providers of electronic communications services , as established in this directive , should not be restricted by such reimbursement periods in contracts on physical connections .


### consumers should be able to terminate their contract without incurring any costs also in cases of automatic prolongation after the expiration of the initial contract term . ### consumers should be able to terminate a contract with a one - month notice period . no termination penalties shall be due .


### any changes to the contractual conditions imposed by providers of publicly available electronic communications services other than number - independent interpersonal communications services , to the detriment of the end - user , for example in relation to charges , tariffs , data volume limitations , data speeds , coverage , or the processing of personal data should be considered as giving rise to the right of the end - user to terminate the contract without incurring any costs , even if they are combined with some beneficial changes . ### any changes to the contractual conditions proposed by providers of publicly available electronic communications services other than number - independent interpersonal communications services , to the detriment of the end - user , for example in relation to charges , tariffs , data volume limitations , data speeds , coverage , or the processing of personal data should be considered as giving rise to the right of the end - user to terminate the contract without incurring any costs . subscription to one or more additional services offered should not re - start or extend the initial contract period unless the initial services or the additional services are offered at a special promotional price conditioned to the renewal of the existing contract , subject to the explicit previous agreement of the consumer to extend or renew the contract .


### number portability is a key facilitator of consumer choice and effective competition in competitive markets for electronic communications and should be implemented with the minimum delay , so that the number is functionally activated within one working day and the user does not experience a loss of service lasting longer than one working day . in order to facilitate a one - stop - shop enabling a seamless switching experience for end - users , the switching process should be led by the receiving provider of electronic communications to the public . national regulatory authorities may prescribe the global process of the porting of numbers , taking into account national provisions on contracts and technological developments . experience in certain member states has shown that there is a risk of consumers being switched to another provider without having given their consent . while that is a matter that should primarily be addressed by law enforcement authorities , member states should be able to impose such minimum proportionate measures regarding the switching process , including appropriate sanctions , as are necessary to minimise such risks , and to ensure that consumers are protected throughout the switching process without making the process less attractive for them . ### switching and number portability is a key facilitator of consumer choice and effective competition in competitive markets for electronic communications and should be implemented with the minimum delay , so that the number is functionally activated within one working day and the user does not experience a loss of service lasting longer than one working day . in order to facilitate a one - stop - shop enabling a seamless switching experience for end - users , the switching process should be led by the receiving provider of electronic communications to the public . national regulatory authorities may prescribe the global process of the porting of numbers , taking into account national provisions on contracts and technological developments . experience in certain member states has shown that there is a risk of consumers being switched to another provider without having given their consent . while that is a matter that should primarily be addressed by law enforcement authorities , member states should be able to impose such minimum proportionate measures regarding the switching process , including appropriate sanctions , as are necessary to minimise such risks , and to ensure that consumers are protected throughout the switching process without making the process less attractive for them .