### bundles comprising publicly available electronic communications services other than number - independent interpersonal communications services , and other services such as linear broadcasting , or goods such as devices , have become increasingly widespread and are an important element of competition . while they often bring about benefits for end - users , they can make switching more difficult or costly and raise risks of contractual ' lock - in ' . where divergent contractual rules on contract termination and switching apply to the different services , and to any contractual commitment regarding acquisition of products which form part of a bundle , consumers are effectively hampered in their rights under this directive to switch to competitive offers for the entire bundle or parts of it . the provisions of this directive regarding contracts , transparency , contract duration and termination and switching should , therefore , apply to all elements of a bundle , except to the extent that other rules applicable to the non - electronic communications elements of the bundle are more favourable to the consumer . other contractual issues , such as the remedies applicable in the event of non - conformity with the contract , should be governed by the rules applicable to the respective element of the bundle , for instance by the rules of contracts for the sales of goods or for the supply of digital content . for the same reasons consumers should not be locked in with a provider by means of a contractual de facto extension of the initial contract period . ### bundles comprising publicly available electronic communications services other than number - independent interpersonal communications services , and other services such as linear broadcasting , or terminal equipment such as devices , have become increasingly widespread and are an important element of competition . while they often bring about benefits for end - users , they can make switching more difficult or costly and raise risks of contractual ' lock - in ' . where divergent contractual rules on contract termination and switching apply to the different services , and to any contractual commitment regarding acquisition of products which form part of a bundle , consumers are effectively hampered in their rights under this directive to switch to competitive offers for the entire bundle or parts of it . the provisions of this directive regarding contracts , transparency , contract duration and termination and switching should , therefore , apply to all elements of a bundle , except to the extent that other rules applicable to the non - electronic communications elements of the bundle are more favourable to the consumer . other contractual issues , such as the remedies applicable in the event of non - conformity with the contract , should be governed by the rules applicable to the respective element of the bundle , for instance by the rules of contracts for the sales of goods or for the supply of digital content . for the same reasons consumers should not be locked in with a provider by means of a contractual de facto extension of the initial contract period .


### end - users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment , from any device which enables number - based interpersonal communications services , including when using roaming services in a member state . emergency communications are means of communication , that include not only voice communications but also sms , messaging , video or other types of communications , that are enabled in a member state to access emergency services . emergency communication can be triggered on behalf of a person by the ecall in - vehicle system as defined by regulation 2015 / 758 / eu of the european parliament and of the council41 . __________________ 41 regulation 2015 / 758 / eu of the european parliament and of the council concerning type - approval requirements for the ecall in - vehicle system based on the 112 service and amending directive 2007 / 46 / ec ### end - users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment , pre - registration or pre - installation of any kind of software , from any device which enables number - based interpersonal communications services , private telecommunications networks , relay services and total conversation services and where applicable through internal emergency services , including when using roaming services in a member state . emergency communications are means of communication , that include not only voice communications but also real - time text , video or other types of communications , including through the use of third party relay services , that are enabled in a member state to access emergency services . emergency communication can be triggered on behalf of a person by the ecall in - vehicle system as defined by regulation 2015 / 758 / eu of the european parliament and of the council41 . __________________ 41 regulation 2015 / 758 / eu of the european parliament and of the council concerning type - approval requirements for the ecall in - vehicle system based on the 112 service and amending directive 2007 / 46 / ec


### member states should ensure that undertakings providing end - users with number - based interpersonal communications services provide reliable and accurate access to emergency services , taking into account national specifications and criteria . where the number - based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service , the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate psap with the same reliability . for such network - independent undertakings , namely undertakings which are not integrated with a public communications network provider , providing caller location information may not always be technically feasible . member states should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network - independent providers of number - based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services . ### member states should ensure that undertakings providing end - users with number - based interpersonal communications services provide reliable and accurate access to emergency services , including where possible through total conversation services taking into account national specifications and criteria . where the number - based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service , the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate psap with the same reliability . for such network - independent undertakings , namely undertakings which are not integrated with a public communications network provider , providing caller location information may not always be technically feasible . member states should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network - independent providers of number - based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services .


### caller location information improves the level of protection and the security of end - users and assists the emergency services in the discharge of their duties , provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of psaps . the reception and use of caller location information should comply with relevant union law on the processing of personal data . undertakings that provide network - based location should make caller location information available to emergency services as soon as the call reaches that service , independently of the technology used . however handset - based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the egnos and galileo satellite system and other global navigation satellite systems and wi - fi data . therefore handset - derived caller location information should complement network - based location information even if the handset - derived location may become available only after the emergency communication is set up . member states should ensure that the psaps are able to retrieve and manage the caller location information available . the establishment and transmission of caller location information should be free of charge for both the end - user and the authority handling the emergency communication irrespective of the means of establishment , for example through the handset or the network , or the means of transmission , for example through voice channel , sms or internet protocol - based . ### caller location information improves the level of protection and the security of end - users and assists the emergency services in the discharge of their duties , provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of psaps . the reception and use of caller location information which includes both network - based location information and where available , enhanced handset caller location information should comply with relevant union law on the processing of personal data and security measures . undertakings that provide network - based location should make caller location information available to emergency services as soon as the call reaches that service , independently of the technology used . however handset - based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the egnos and galileo satellite system and other global navigation satellite systems and wi - fi data . therefore handset - derived caller location information should complement network - based location information even if the handset - derived location may become available only after the emergency communication is set up . member states should ensure that the psaps are able to retrieve and manage the caller location information available . in addition , berec , having consulted the stakeholders and in close collaboration with the commission , shall set up guidelines laying down the criteria for the accuracy and reliability of the caller location information to be provided to the emergency services . the guidelines shall take into account the feasibility of using a mobile terminal equipped with a gnss devices of mobile terminals in order to improve the accuracy and reliability of the caller location information of a 112 call . the establishment and transmission of caller location information should be free of charge for both the end - user and the authority handling the emergency communication irrespective of the means of establishment , for example through the handset or the network , or the means of transmission , for example through voice channel , sms or internet protocol - based .


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


### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations , but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration . ### ' must carry ' obligations are a safety net provided in the interest of citizens to safeguard the principles of media pluralism and cultural diversity through ensuring access to a wide range of information and public value content ; ' must carry ' obligations may be applied to specified radio and audiovisual media services and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives of the public , such as media pluralism and cultural diversity and in line with the evolution of media distribution systems , consumer trends and related business models . member states should provide an objective justification for the ' must carry ' obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision and rules for proportionate remuneration . any ' must carry ' obligation remains independent from , and does not prejudice , the entitlement of holders of copyright or related rights to obtain fair remuneration for the use of their works or protected subject matter on the network concerned .


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


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


### voice communications’ means a 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 ; ### two - way communications’ means a service made available to the public for originating and receiving , directly or indirectly , national or national and international calls supporting voice , video and real time text communication solely or in any combination , through a number or numbers in a national or international telephone numbering plan and through text relay and video based relay services ;


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


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


### national regulatory authorities may make available information tools to end - users , in order to assist them to determine the availability of connectivity in different areas , with a level of detail which is useful to support their choice in terms of connectivity services , in line with national regulatory authority´s obligations regarding the protection of confidential information and business secrets . ### national regulatory authorities shall make available information tools to end - users , in order to assist them to determine the availability of connectivity in different areas , with a level of detail which is useful to support their choice in terms of connectivity services , in line with national regulatory authority´s obligations regarding the protection of confidential information and business secrets .


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


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


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


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


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


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


### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available functional internet access and voice communications services at the quality specified in their territory , including the underlying connection , at least at a fixed location . ### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available broadband internet access and communications services at the quality specified in their territory , including the underlying connection , at least at a fixed location . the available , accessible and affordable universal service is indispensable for enabling social inclusion and providing a social safety net by establishing a right to a basic internet access service .


### member states may , in the light of national conditions , ensure that support is provided to low - income or special social needs end - users in view of ensuring affordability of functional internet access and voice communications services at least at a fixed location . ### member states shall , in the light of national conditions , ensure that support is provided to low - income or special social needs end - users in view of ensuring affordability of internet access and two - way communications services at least at a fixed location .


### where a member state has duly demonstrated , account taken of the results of the geographical survey conducted in accordance with article 22 , that the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools , it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory . ### where a member state has duly demonstrated , account taken of the results of the geographical survey conducted in accordance with article 22 , that the availability at a fixed location of internet access service as defined in accordance with article 79 and of two - way communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools , it shall impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory .


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


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


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


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


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


### before a consumer is bound by a contract or any corresponding offer , providers of publicly available electronic communications services other than number - independent interpersonal communications services , shall provide the information required pursuant to articles 5 and 6 of directive 2011 / 83 / eu , irrespective of the amount of any payment to be made , and the following information in a clear and comprehensible manner : ### before a consumer is bound by a contract or any corresponding offer , providers of publicly available electronic communications services , shall provide free of charge the information required pursuant to articles 5 and 6 of directive 2011 / 83 / eu , irrespective of the amount of any payment to be made at least the following information , where relevant to the services they are providing to a consumer :


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


### any compensation and refund arrangements , which apply if contracted service quality levels are not met ; ### any compensation and refund arrangements , including where applicable , explicit reference to statutory rights of consumers , which apply if contracted service quality levels are not met ;


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


### details of after - sales service and maintenance charges , and ### details of after - sales service and maintenance charges , and maintenance services and customer support services provided , the conditions and charges for these services , and the means of contacting these services ,


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


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


### the means of initiating procedures for the settlement of disputes in accordance with article 25 ; ### the means of initiating procedures for the settlement of disputes , including cross - border disputes , in accordance with article 25 ;


### the name and address of the provider , ### the name and address and contact information of the provider and if different , the contact information for any complaints ,


### the respective prices , ### the respective prices or types of remuneration including taxes and any applicable or additional charges ,


### national regulatory authorities shall ensure that end - users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs , and the quality of service performance of different publicly available electronic communications services other than number - independent interpersonal communications services . ### national regulatory authorities shall ensure that consumers have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs , and the quality of service performance of different publicly available providers of internet access services and / or interpersonal communications services . national regulatory authorities may extend the provisions of this article to all end - users . any differentiation in the conditions applied to consumers and other end - users shall be made explicit . no internet access or interpersonal communications service provider should be given favourable treatment in search results based on criteria other than the objective criteria used to trigger the search .


### comparison tools fulfilling the requirements in points to shall , upon request , be certified by national regulatory authorities . third parties shall have a right to use , free of charge , the information published by undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , for the purposes of making available such independent comparison tools . ### comparison tools fulfilling the requirements in points to shall , upon request , be certified by national regulatory authorities . third parties shall have a right to use , free of charge and in open data formats the information published by undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , for the purposes of making available such independent comparison tools .


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


### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , do not mandate an initial commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the initial commitment period . ### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and providers of publicly available electronic communications services , other than number - independent interpersonal communications services , do not mandate a commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the contractual commitment period .


### this paragraph shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments for deployment of a physical connection . ### this paragraph shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments for deployment of a physical connection to a very high capacity connectivity network up to or very close to end - user premises . however , the rights of consumers to switch between providers of electronic communications services , as established in this directive , should not be restricted by such contracts linked to the deployment of very high capacity connectivity networks .


### where a contract or national law provides for a fixed duration contract to be automatically prolonged , the member state shall ensure that , after the expiration of the initial period and unless the consumer has explicitly agreed to the extension of the contract , consumers are entitled to terminate the contract at any time with a one - month notice period and without incurring any costs except the cost of providing the service during the notice period . ### where a contract or national law provides for the possibility of a fixed duration contract to be automatically extended or renewed after the end of the contract , the member state shall ensure that the consumer is properly informed and explicitly agrees to such extension or renewal and that the consumer has at least one month to oppose such automatic extension or renewal of the contract after the expiration of the initial period . the extended or renewed contract can be terminated by the consumer at any time with no more than one - month notice period and without incurring any costs except the cost of providing the service during the notice period .


### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number - independent interpersonal communications services , unless the proposed changes are exclusively to the benefit of the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end - user at the time of concluding the contract . ### end - users shall have the right to terminate their contract without incurring any costs upon receiving notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services , unless the proposed changes are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , not less than one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end - user at the time of concluding the contract .


### where an early termination of a contract on a publicly available electronic communications service by the end - user is possible in accordance with this directive , other provisions of union law or national law , no compensation shall be due by the end - user other than for the pro rata temporis value of subsidised equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such at the moment of the contract conclusion . 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 . ### consumers shall have the right to terminate a contract giving a one - month notice . no termination penalties shall be due . 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 either on the remaining instalments for the terminal equipment bundled with the contract at the moment of the contract conclusion or on 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 .


### in case of switching between providers of internet access services , the providers concerned shall provide the end - user with adequate information before and during the switching process and ensure continuity of the service . the receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end - user . the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated . loss of service during the switching process shall not exceed one working day . ### in case of switching between providers of internet access services and number - based interpersonal communication services , the providers concerned shall provide the end - user with adequate information before and during the switching process and ensure continuity of the service . the receiving provider shall lead the switching process to ensure that the activation of the service shall occur on the date agreed with the end - user . the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated . loss of service during the switching process shall not exceed one working day . national regulatory authorities shall ensure the efficient and simple switching process for the end - user .


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


### the receiving provider shall lead the switching and porting process . national regulatory authorities may establish the global process of switching and of porting of numbers , taking into account national provisions on contracts , technical feasibility and the need to maintain continuity of service to the end - user . in any event , loss of service during the process of porting shall not exceed one working day . in case of failure of the porting process , the transferring provider shall reactivate the number of the end - user until the porting is successful national regulatory authorities shall also take appropriate measures ensuring that end - users are adequately informed and protected throughout the switching process and are not switched to another provider against their will . ### the receiving provider shall lead the switching and porting process . national regulatory authorities may establish the global process of switching and of porting of numbers , taking into account national provisions on contracts , technical feasibility and the need to maintain continuity of service to the end - user the necessary end - user protection throughout the switching process and the need to ensure the efficiency of such process for the end - user . in any event , loss of service during the process of porting shall not exceed one working day . in case of failure of the porting process , the transferring provider shall reactivate the number of the end - user until the porting is successful national regulatory authorities shall also take appropriate measures ensuring that end - users are adequately informed and protected throughout the switching process and are not switched to another provider against their will .


### member states shall ensure that appropriate sanctions on undertakings are provided for , including an obligation to compensate end - users in case of delay in porting or abuse of porting by them or on their behalf . ### member states shall ensure that appropriate sanctions on undertakings are provided for , including an obligation to compensate end - users in case of delay in porting or abuse of porting including not making available information necessary for porting in a timely manner , by them or on their behalf .


### member states , in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall ensure that undertakings providing end - users with number - based interpersonal communications service provide access to emergency services through emergency communications to the most appropriate psap . in case of an appreciable threat to effective access to emergency services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in article 59 . ### member states , in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall ensure that undertakings providing end - users with number - based interpersonal communications service provide access to emergency services through emergency communications including where technically feasible through total conversation services , to the most appropriate psap . in case of an appreciable threat to effective access to emergency services the obligation for undertakings if technically feasible may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in article 59 . prior to extending the scope to all interpersonal communication services , the commission , shall assess in close consultation with industry , member states psaps , standardisation bodies and other relevant stakeholders , the feasibility to provide accurate and reliable access to emergency service , including location data , and of the public safety answering points to be capable of receiving such communications through number - independent interpersonal communications services .


### member states shall ensure that access for disabled end - users to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services through emergency communications whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . ### member states shall ensure that access for end - users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users including through total conversation services and available third party relay services . the commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end - users with disabilities can access emergency services on equal basis with other end - users whilst travelling in other member states in particular through the use of total conversation services and available relay services . these measures shall ensure interoperability across the member states and shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article .


### member states shall ensure that caller location information is available to the psap without delay after the emergency communication is set up . member states shall ensure that the establishment and the transmission of the caller location information are free of charge for the end - user and to the authority handling the emergency communication with regard to all emergency communications to the single european emergency number ‘ 112’ . member states may extend that obligation to cover emergency communications to national emergency numbers . competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided . ### member states shall ensure that caller location information which includes both network based location information and where available enhanced handset caller location information is available to the psap without delay after the emergency communication is set up . member states shall ensure that the establishment and the transmission of the caller location information respect data privacy and security rules and are free of charge for the end - user and to the authority handling the emergency communication with regard to all emergency communications to the single european emergency number ‘ 112’ , including calls from private telecommunications networks and roaming calls . member states may extend that obligation to cover emergency communications to national emergency numbers . by 6 months after the entry into force of the directive at the latest , berec , having consulted the stakeholders and in close collaboration with the commission , shall set up guidelines laying down the criteria for the accuracy and reliability of the caller location information to be provided to the emergency services in order to improve the accuracy and reliability of the caller location information of a 112 call .


### member states shall ensure that citizens are adequately informed about the existence and use of the single european emergency number ‘ 112’ , in particular through initiatives specifically targeting persons travelling between member states . ### member states and the commission shall ensure that citizens are adequately informed about the existence and use of the single european emergency number ‘ 112’ , as well as its accessibility features , including in particular through initiatives specifically targeting persons travelling between member states and persons with disabilities . the commission shall support and supplement the actions of member states .


### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for disabled end - users and routing to the most appropriate psap . ### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions access for end - users and accessibility for persons with disabilities and routing to the most appropriate psap .


### have access to electronic communications services equivalent to that enjoyed by the majority of end - users ; and ### have access to electronic communications services equivalent to that enjoyed by the majority of end - users ;


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


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


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


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


### to improve the situation , a system should be established by which the central authority of a member state can find out quickly and efficiently in which other member state criminal record information on a third country national is stored so that the existing ecris framework can then be used to request the criminal record information from that member state or those member states in accordance with framework decision 2009 / 315 / jha . ### to improve the situation and increase trust among citizens travelling in the eu , a system should be established by which the central authority of a member state can find out quickly and efficiently in which other member state criminal record information on a third country national is stored so that the existing ecris framework can then be used to request the criminal record information from that member state or those member states in accordance with framework decision 2009 / 315 / jha .


### since the objective of this regulation , namely to enable the rapid and efficient exchange of criminal record information on third country nationals , cannot be sufficiently achieved by the member states , but can rather , by reason of the necessary synergy and interoperability , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary to achieve that objective . ### since the objective of this regulation , namely to enable the rapid , efficient and accurate as possible exchange of criminal record information on third country nationals , cannot be sufficiently achieved by the member states , but can rather , by reason of the necessary synergy and interoperability , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary to achieve that objective .


### fingerprint data in accordance with framework decision 2009 / 315 / jha31 and with the specifications for the resolution and use of fingerprints referred to in point of article 10 ; the reference number of the fingerprint data of the convicted person including the code of the convicting member state . _________________ 31 as amended by directive of the european parliament and the council amending council framework decision 2009 / 315 / jha , as regards the exchange of information on third country nationals and as regards the european criminal records information system , and replacing council decision 2009 / 316 / jha . ### fingerprint data in accordance with framework decision 2009 / 315 / jha31 , only when the national law of the convicting member state allows for collection and storage of fingerprints of a convicted person , and with the specifications for the resolution and use of fingerprints referred to in point of article 10 ; the reference number of the fingerprint data of the convicted person including the code of the convicting member state . _________________ 31 as amended by directive of the european parliament and the council amending council framework decision 2009 / 315 / jha , as regards the exchange of information on third country nationals and as regards the european criminal records information system , and replacing council decision 2009 / 316 / jha .


### upon expiry of the retention period referred to in paragraph 1 , the central authority of the convicting member state shall erase the individual data record without delay from the central system , and in any event no later than one month after the expiry of that retention period . ### upon expiry of the retention period referred to in paragraph 1 , the central authority of the convicting member state shall permanently erase the data record without delay from the central system , and in any event no later than one week after the expiry of that retention period .


### data quality , including a mechanism and procedures to carry out data quality checks ; ### data quality , including a mechanism and procedures to carry out data quality and accuracy checks ;


### each member state shall give the staff of its authorities which have a right to access the ecris - tcn system appropriate training , in particular on data security and data protection rules and on relevant fundamental rights , before authorising them to process data stored in the central system . ### each member state shall give the staff of its authorities , which have a right to access the ecris - tcn system , appropriate training , in particular on data security and data protection rules and on relevant fundamental rights , before authorising them to process data stored in the central system .


### in accordance with directive 2016 / 680 , each member state shall ensure that the data recorded in the ecris - tcn system is processed lawfully , and in particular that : ### in accordance with regulation 2016 / 679 , each member state shall ensure that the data recorded in the ecris - tcn system is processed lawfully , and in particular that :


### neither eurojust , europol , [ the european public prosecutor ' s office ] nor any central authority of a member state may transfer or make available to a third country , any international organisation nor a private party , information obtained from the ecris - tcn system on previous convictions of a third country national , or information on the member state which may hold such information . ### neither eurojust , europol , [ the european public prosecutor ' s office ] nor any central authority of a member state shall be permitted to transfer or make available to a third country , any international organisation nor a private party , information obtained from the ecris - tcn system on previous convictions of a third country national , or information on the member state which may hold such information .


### neither eurojust , europol , [ the european public prosecutor ' s office ] nor any central authority of a member state may transfer or make available to a third country , any international organisation nor a private party , information obtained from the ecris - tcn system on previous convictions of a third country national , or information on the member state which may hold such information . ### neither eurojust , [ the european public prosecutor ' s office ] nor any central authority of a member state may transfer or make available to a third country , any international organisation nor a private party , any information obtained from the ecris - tcn system or information on the member state which may hold such information .


### following a hit indicating the member state holding criminal records information on a third country national , eurojust , europol [ , and the european public prosecutor ' s office ] may use their contacts with the national authorities of those member states established in accordance with their respective constituting legal instruments to request the conviction information . ### following a hit indicating the member state holding criminal records information on a third country national , eurojust , [ , and the european public prosecutor ' s office ] may use their contacts with the national authorities of those member states established in accordance with their respective constituting legal instruments to request the conviction information .


### ensure that persons authorised to access the ecris - tcn system have access only to the data covered by their access authorisation , by means of individual user identities and confidential access modes only ; ### verify and ensure that persons authorised to access the ecris - tcn system have access only to the data covered by their access authorisation , by means of individual user identities and confidential access modes only ;


### monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this regulation . ### monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring and supervision to ensure compliance with this regulation .


### each central authority of the member state is to be considered as controller in accordance with directive 2016 / 680 for the processing of the personal data by that member state under this regulation . ### each central authority of the member state is to be considered as controller in accordance with&#160 ; regulation 2016 / 679&#160 ; for the processing of the personal data by that member state under this regulation .


### each member state shall ensure that the supervisory authority or authorities designated pursuant to article 41 of directive 2016 / 680 shall monitor the lawfulness of the processing of personal data referred to in article 6 by the member state concerned , including their transmission to and from the ecris - tcn system . ### each member state shall ensure that the supervisory authority or authorities designated pursuant to article&#160 ; 51 of&#160 ; regulation 2016 / 679&#160 ; shall monitor the lawfulness of the processing of personal data referred to in article 6 by the member state concerned , including their transmission to and from the ecris - tcn system .


### two years after the start of operations of the ecris - tcn system and every year thereafter , eu - lisa shall submit to the commission a report on the technical functioning of the ecris - tcn system and the ecris reference implementation , including the security thereof , based in particular on the statistics on the functioning and use of ecris - tcn system and on the exchange , through the ecris reference implementation , of information extracted from the criminal records . ### two years after the start of operations of the ecris - tcn system and every year thereafter , eu - lisa shall submit to the commission a report on the technical functioning of the ecris - tcn system and the ecris reference implementation , including their security and costs , based in particular on the statistics on the functioning and use of ecris - tcn system and on the exchange , through the ecris reference implementation , of information extracted from the criminal records .


### in an increasingly interconnected world and in view of the demographic and migration dynamics , it is clear that union migration policy requires a common approach that relies on the synergies and complementarities of the different funding instruments . in order to ensure coherent , strong and consistent support for solidarity and responsibility - sharing efforts between member states in managing migration , the erdf should provide support to facilitate the long - term integration of migrants . ### in an increasingly interconnected world and in view of the demographic and migration dynamics , it is clear that union migration policy requires a common approach that relies on the synergies and complementarities of the different funding instruments . in order to ensure coherent , strong and consistent support for solidarity and responsibility - sharing efforts between member states in managing migration , the erdf should provide support to facilitate the long - term integration of migrants and refugees . priority should be given to the promotion of employment and social inclusion , the fight against poverty and discrimination , and investment in education , continuous training and apprenticeships .


### in order to concentrate the use of limited resources in the most efficient way , the support given to by the erdf to productive investments under the relevant specific objective , should be limited to only micro , small and medium - sized enterprises within the meaning of commission recommendation 2003 / 361 / ec19 , except where investments involve cooperation with smes in research and innovation activities . _________________ 19 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### in order to concentrate the use of limited resources in the most efficient way , the support given to by the erdf to productive investments under the relevant specific objective , should be limited to only micro , small and medium - sized enterprises within the meaning of commission recommendation 2003 / 361 / ec19 , in order to boost the competitiveness and viability of those businesses , except where investments involve cooperation with smes in research and innovation activities . _________________ 19 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### the erdf shall also support the european urban initiative , implemented by the commission in direct and indirect management . ### the erdf shall also support the european urban initiative .


### the definitions based on those used in the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 and the unidroit convention on stolen or illegally exported cultural objects signed in rome on 24 june 1995 , to which a significant number of member states are a party , should be used in the regulation , considering the familiarity of many third countries and most member states with their provisions . ### the definitions based on those used in the 1954 hague convention for the protection of cultural property in the event of armed conflict , the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 and the unidroit convention on stolen or illegally exported cultural objects signed in rome on 24 june 1995 , to which a significant number of member states are a party , should be used in the regulation , considering the familiarity of many third countries and most member states with their provisions .


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade in goods across the union’s external borders disproportionately , this regulation should only apply to goods meeting a certain age and value limit . for that purpose , it seems appropriate to set a 100 year minimum age threshold for the most vulnerable categories of cultural goods , in line with the provisions of the 1954 hague convention , the 1970 unesco convention and of the 1995 unidroit convention . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage .


### this regulation sets out the conditions and procedure for the entry of cultural goods into the customs territory of the union . ### this regulation sets out the conditions and procedure for the import of cultural goods into the customs territory of the union .


### with regard to cultural goods requiring the issue of an import licence to enter the customs territory of the union , the customs authorities shall check whether the import licence corresponds to the goods presented . for that purpose , they may physically examine the cultural goods , including by conducting an expertise . ### with regard to cultural goods requiring the issue of an import licence to enter the customs territory of the union , the customs authorities shall check whether the import licence corresponds to the goods presented . for that purpose , they may physically examine the cultural goods , including by conducting and expertise , in close collaboration with the competent authorities of the ministries for cultural goods .


### with regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the union , the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of article 5 and corresponds to the goods presented . for that purpose , they may require additional information from the declarant and physically examine the cultural goods , including by conducting an expertise . they shall register the importer statement by attributing to it a serial number and a registration date and , upon release of the goods , provide the declarant with a copy of the registered importer statement . ### with regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the union , the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of article 5 and corresponds to the goods presented . for that purpose , they may require additional information from the declarant and physically examine the cultural goods , including by conducting an expertise as set out in paragraph 2 . they shall register the importer statement by attributing to it a serial number and a registration date and , upon release of the goods , provide the declarant with a copy of the registered importer statement .


### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them . ### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states furthermore undertake to assess the advisability of establishing , where they are not already present in their own legal systems , specific operational units specialising in combating the unlawful import of cultural goods . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them .


### archaeological objects more than 100 years old which are the products of : –excavations and finds on land or under water –archaeological sites –archaeological collections 2 . elements forming an integral part of artistic , historical or religious monuments which have been dismembered , of an age exceeding 100 years 3 . pictures and paintings , other than those included in categories 4 or 5 , executed entirely by hand in any medium and on any material 4 . watercolours , gouaches and pastels executed entirely by hand on any material 5 . mosaics in any material executed entirely by hand , other than those falling in categories 1 or 2 , and drawings in any medium executed entirely by hand on any material 6 . original engravings , prints , serigraphs and lithographs with their respective plates and original posters 7 . original sculptures or statuary and copies produced by the same process as the original , other than those in category 1 8 . photographs , films and negatives thereof 9 . incunabula and manuscripts , including maps and musical scores , singly or in collections 10 . books more than 100 years old , singly or in collections 11 . printed maps more than 100 years old 12 . collections and specimens from zoological , botanical , mineralogical or anatomical collections ; collections of historical , paleontological , ethnographic or numismatic interest 13 . any other antique items not included in categories a . 1 to a . 12 more than 100 years old ### 9705 00 00 9706 00 00 9705 00 00 9706 00 00 9701 9701 6914 9701 chapter 49 9702 00 00 8442 50 99 9703 00 00 3704 3705 3706 4911 91 80 9702 00 00 9706 00 00 4901 10 00 4901 99 00 4904 00 00 4905 91 00 4905 99 00 4906 00 00 9705 00 00 9706 00 00 9706 00 00 9705 00 00 9705 00 00 97060000


### in order to ensure that applicants are aware of the consequences of absconding , member states should inform applicants in a uniform manner , as soon as possible and at the latest when they lodge their application , of all the obligations with which applicants must comply relating to reception conditions , including the circumstances under which the granting of material reception conditions may be restricted and of any benefits . ### in order to ensure that applicants are aware of the consequences of absconding , member states should inform applicants in a uniform manner , as soon as possible and at the latest when they lodge their application , of all the obligations with which applicants must comply relating to reception conditions , including the circumstances under which the granting of material reception conditions may be restricted and of any benefits . member states should provide this information through appropriate interpretation and translation wherever necessary so that applicants fully understand and are aware of their rights and of the legal requirements that they must abide by .


### for reasons of public interest or public order , for the swift processing and effective monitoring of his or her application for international protection , for the swift processing and effective monitoring of his or her procedure for determining the member state responsible in accordance with regulation no xxx / xxx [ dublin regulation ] or in order to effectively prevent the applicant from absconding , member states should , where necessary , assign the applicant residence in a specific place , such as an accommodation centre , a private house , flat , hotel or other premises adapted for housing applicants . such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to : make an application in the member state of first irregular or legal entry ; to remain in the member state where he or she is required to be present ; or in cases where the applicant has been sent back to the member state where he or she is required to be present after having absconded to another member state . in case the applicant is entitled to material reception conditions , such material reception conditions should also be provided subject to the applicant residing in this specific place . ### for duly justified serious reasons of public interest or public order , member states should be able to assign the applicant residence in a specific place , where necessary , such as an open accommodation centre , a private house , flat , hotel or other premises adapted for housing applicants . in case the applicant is entitled to material reception conditions , such material reception conditions should also be provided to the applicant residing in this specific place .


### in order to promote the self - sufficiency of applicants and to limit wide discrepancies between member states , it is essential to provide clear rules on the applicants’ access to the labour market and to ensure that such access is effective , by not imposing conditions that effectively hinder an applicant from seeking employment . labour market tests used to give priority to nationals or to other union citizens or to third - country nationals legally resident in the member state concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for union citizens as expressed in the relevant provisions of the applicable acts of accession . ### in order to promote the self - sufficiency of applicants and to limit wide discrepancies between member states , it is essential to provide clear rules on the applicants ' access to the labour market and to ensure that such access is effective , by not imposing conditions , including sector restrictions , working time restrictions and unduly strict administrative formalities , that effectively hinder an applicant from seeking employment . member states should also take effective steps to ensure that the entry of applicants for international protection into the labour market is not achieved through a lowering of applicable salaries , which could then lead to wage dumping practices . in order to increase integration prospects and self - sufficiency of applicants , immediate access to the labour market and to language courses should be encouraged from the date when the application for international protection was lodged . labour market tests used to give priority to nationals or to other union citizens or to third - country nationals legally resident in the member state concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for union citizens as expressed in the relevant provisions of the applicable acts of accession .


### ‘ absconding’ : means the action by which an applicant , in order to avoid asylum procedures , either leaves the territory where he or she is obliged to be present in accordance with regulation no xxx / xxx32 [ dublin regulation ] or does not remain available to the competent authorities or to the court or tribunal ; __________________ 32 oj c [ … ] , [ … ] , p . [ … ] . ### ' absconding ' : means the deliberate action by an applicant to avoid the asylum procedures and not to remain available to the competent authorities or to the court or tribunal ; __________________ 32 oj c [ … ] , [ … ] , p . [ … ] .


### ‘ applicant with special reception needs’ : means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this directive , such as applicants who are minors , unaccompanied minors , disabled people , elderly people , pregnant women , single parents with minor children , victims of human trafficking , persons with serious illnesses , persons with mental disorders and persons who have been subjected to torture , rape or other serious forms of psychological , physical or sexual violence , such as victims of female genital mutilation . ### ‘ applicant with special reception needs’ : means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this directive , such as applicants who are minors , unaccompanied minors , disabled people , impaired persons , lesbian , gay , bisexual , trans - and intersex persons , elderly people , pregnant women , single parents with minor children , victims of human trafficking , persons with serious illnesses , persons with mental disorders , including post - traumatic stress disorder and persons who have been subjected to torture , rape or other serious forms of psychological , physical or sexual or gender - based violence , such as victims of female genital mutilation .


### member states shall inform applicants , as soon as possible and at the latest when they are lodging their application for international protection , of any established benefits and of the obligations with which they must comply relating to reception conditions . they shall point out in the information provided that the applicant is not entitled to the reception conditions set out in articles 14 to 17 of this directive as stated in article 17a of the same directive in any member state other than where he or she is required to be present in accordance with regulation no xxx / xxx [ dublin regulation ] . ### member states shall inform applicants when they are making their application for international protection of any established benefits and of the obligations with which they must comply in relation to reception conditions .


### member states shall ensure that the information referred to in paragraph 1 is in writing using a standard template which shall be developed by the european union agency for asylum and in a language that the applicant understands or is reasonably supposed to understand . where necessary , this information shall also be supplied orally and adapted to the needs of minors . ### member states shall ensure that the information referred to in paragraph 1 is in writing using a standard template which shall be developed by the european union agency for asylum and shall visibly display relevant information in relation to the personal circumstances that may result in special reception needs or needs of special procedural guarantees as listed in this directive and the asylum procedures regulation , and in a language that the applicant understands or is reasonably supposed to understand . where necessary , this information shall also be supplied orally and adapted to the needs of minors .


### where there are reasons for considering that there is a risk that an applicant may abscond , member states shall , where necessary , require the applicant to report to the competent authorities , or to appear before them in person , either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding . ### where there are reasons for considering that there is a risk that an applicant may abscond , member states may , where necessary and proportionate , require the applicant to report to the competent authorities , or to appear before them in person , either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding . such a decision shall be taken in writing and be subject to judicial review . such judicial review shall be carried out ex - officio if it is maintained for a period of longer than two months .


### where applicants with special reception needs are detained , member states shall ensure regular monitoring and adequate support taking into account their particular situation , including their health . ### where vulnerable persons are detained , member states shall ensure regular monitoring and adequate support taking into account their particular situation , including their health .


### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under similar conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced . such education may be provided in accommodation centres . ### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under the same conditions as their own nationals for the entire duration of their presence in the territory of the member state . such education may be provided in accommodation centres , as a temporary measure until access to national education systems is ensured .


### with regard to applicants who are required to be present on their territory in accordance with regulation no xxx / xxx [ dublin regulation ] , member states may , in the situations described in paragraph 2 : ### on the basis of a decision by a competent authority , member states may , in the situations described in paragraph 2 :


### member states shall take into account the specific situation of applicants with special reception needs in the national law implementing this directive . ### member states shall take into account the specific situation of applicants with special reception needs , as defined in article 2 , in the national law implementing this directive . member states shall systematically assess whether the applicant is an applicant with special reception needs . member states shall also indicate the nature of such needs . member states shall also ensure that applicants can indicate themselves that they have special needs and that these indications are assessed . that assessment shall be integrated into the assessment referred to in [ the asylum procedures regulation ] , which may take place within existing national procedures . member states shall ensure that those special reception needs are also addressed , in accordance with this directive , if they become apparent at a later stage in the asylum procedure .


### the best interests of the child shall be a primary consideration for member states when implementing the provisions of this directive that involve minors . member states shall ensure a standard of living adequate for the minor ' s physical , mental , spiritual , moral and social development . ### the best interests of the child shall be a primary consideration for member states when implementing the provisions of this directive that may affect minors . member states shall ensure a standard of living adequate for the minor ' s physical , mental , spiritual , moral and social development .


### member states shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . 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 , as prescribed in article 22 , shall have the necessary 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 referred to in article 22 , 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 . ### member states shall as soon as an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . 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 , as prescribed in article 22 , shall have the necessary expertise and receive continuous and appropriate training to that end , and shall not have a verified criminal record , with particular regard to any of child - related crimes or offences . after his or her appointment , the guardian ' s criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role . in order to ensure the minor ' s well - being and social development referred to in article 22 , 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 .