Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) No 531/2012
Date: 2013-09-11
Institutions: European Commission
Subjects: competitiveness, freedom to provide services, innovation, job creation, regulation of telecommunications, single market, telecommunications industry, trans-European network

EUROPEAN 
COMMISSION 

Brussels, 11.9.2013  
COM(2013) 627 final 

2013/0309 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down measures concerning the European single market for electronic 
communications and to achieve a Connected Continent, and amending Directives 
2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) 
No 531/2012 

(Text with EEA relevance) 

{SWD(2013) 331 final} 
{SWD(2013) 332 final} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. Objectives of the proposal 

Europe must tap into new sources of growth to restore competitiveness, drive innovation and 
create  new  jobs.  The  global  economy  is  evolving  towards  an  Internet  economy,  and  ICT 
should  be  fully  recognised  as  a  source  of  smart,  sustainable  and  inclusive  growth.  Europe 
cannot afford to  renounce  the benefits of connected technologies which account for  50% of 
productivity gains in recent years, across all sectors; which create five jobs for every two lost; 
which is a driver of innovative new services which can quickly reach global scale if enabled 
to  grow.  This  is  the  key  for  Europe  to  emerge  stronger  from  the  crisis,  if  we  address 
impediments 
to  growth  arising  from  ongoing  fragmentation.  This  has  been  fully 
acknowledged  by  the  Spring  European  Council  of  2013,  the  Conclusions  of  which  foresaw 
that  the  Commission  should  report  by  October  2013  on  the  remaining  obstacles  to  the 
completion  of  a  fully  functioning  Digital  Single  Market,  and  present  concrete  measures  to 
establish  the  single  market  in  information  and  telecommunications  technology  as  early  as 
possible. 

The  general  objective  of  the  proposal  is  to  move  towards  a  single  market  for  electronic 
communications in which: 

-  citizens  and  businesses  can  access  electronic  communications  services  wherever  they  are 
provided in the Union, without cross-border restrictions or unjustified additional costs; 

-  companies  providing  electronic  communications  networks  and  services  can  operate  and 
provide them wherever they are established or their customers are situated in the EU. 

This  ambitious  goal  is  important  in  itself,  after  over  a  decade  of  Union  legislative 
interventions  to  liberalise  and  integrate  these  markets.  Urgent  and  decisive  measures  to 
achieve it, as laid down in this proposal, are all the more vital because some of them will take 
time,  after  adoption,  to  produce  all  of  their  effects.  A  single  market  for  electronic 
communications  would  promote  competition,  investment  and  innovation  in  networks  and 
services by fostering market integration and the cross-border investment in networks and the 
provision  of  services.  The  specific  measures  proposed  should  lead  to  greater  levels  of 
competition on infrastructure quality as well as price, stronger innovation and differentiation, 
including in business models, and to easier planning of the commercial and technical elements 
of investment decisions regarding entry or expansion on wireless or fixed markets. It will thus 
underpin  other  measures  taken  to  promote  the  ambitious  broadband  targets  set  out  in  the 
Digital  Agenda  for  Europe  as  well  as  the  establishment  of  a  genuine  Digital  Single  Market 
where content, application and other digital services can freely circulate. Enhanced levels of 
infrastructure competition and integration across the Union should also lead to a reduction in 
bottlenecks and thus in the need for ex ante regulation of electronic communications markets, 
making this over time a sector like any other economic sector subject to horizontal regulation 
and competition rules.  

The  growing  availability  of  digital  infrastructures  and  services  would  in  turn  increase 
consumer  choice  and  quality  of  service,  and  contribute  to  territorial  and  social  cohesion,  as 
well  as  facilitate  mobility  across  the  EU;  while  for  the  digital  economy  at  large,  a  better 
functioning  electronic  communications  sector  throughout  the  Union  should  lead  to  greater 
choice and quality of business inputs, enabling the attainment of productivity gains associated 
with  ICT  use  as  well  as  from  modernised  public  services.  The  ultimate  goal  is  to  underpin 

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European competitiveness in a world which increasingly depends on the digital economy to 
function and to grow. 

Outstanding  single  market  integration  challenges  include:  first,  to  remove  unnecessary 
obstacles in the authorisation regime and in the rules applying to service provision so that an 
authorisation obtained in one Member State is valid in all Member States, and that operators 
can  provide  services  on  the  basis  of  consistent  and  stable  application  of  regulatory 
obligations.  Second,  to  ensure  greater  harmonisation  for  accessing  essential  inputs:  by 
guaranteeing mobile operators predictable assignment conditions and coordinated timeframes 
to  access  spectrum  for  wireless  broadband  across  the  EU;  by  harmonising  ways  to  access 
European  fixed  networks  so  that  providers  can  more  easily  offer  their  services  across  the 
single  market.  Third,  to  guarantee  common  high  levels  of  consumer  protection  across  the 
Union  and  common  commercial  conditions  in  this  respect,  including  measures  to  gradually 
end  mobile  roaming  surcharges  and  safeguarding  access  to  the  open  internet.  These  are 
distinct  challenges,  to  which  this  proposal  brings  distinct  solutions,  but  all  are  vital  to 
commercial  and  investment  decision-making  in  this  sector  and  for  consumers´  benefit,  all 
must be addressed together now to unleash the single market . These sit alongside the wider 
challenges of building a digital single market, such as the rules that apply to on line content. 

For  Europeans  to  be  able  to  enjoy  new  innovative  high  quality  services,  investment  in  next 
generation  infrastructure  needs  to  speed  up.  The  right  regulatory  environment  is  crucial  to 
contribute to a dynamic and competitive market. It must provide the right balance of risk and 
reward for those prepared to invest. And it can bring fragmentation of services provision to an 
end, so that their full benefits are available to all industries and users across the EU. In order 
to  support  these  objectives,  the  Commission  is  adopting  together  with  this  proposal  a 
Recommendation on consistent non-discrimination obligations and costing methodologies to 
investment  environment.1  This 
promote  competition  and  enhance 
Recommendation will promote competition and enhance investments in high-speed networks 
by providing long-term stability of copper access prices, ensuring access seekers equal access 
to the incumbent operators' networks thereby ensuring a level playing field, and by setting out 
the conditions under which price regulation of NGA networks is no longer warranted, in order 
that  investors  in  such  networks  would  have  greater  freedom  to  discover  appropriate  pricing 
strategies  to  secure  a  return  in  the  presence  of  competing  infrastructures  such  as  regulated 
copper, as well as cable in some areas and, increasingly, 4th generation mobile networks.  

the  broadband 

This proposal must also be considered in the context of other recent or impending initiatives 
in the field. The proposal builds upon and advances the main directives of 2002 governing the 
provision  of  electronic  communications,  as  amended  in  2009,  by  introducing  directly 
applicable legislative provisions which shall operate in conjunction with the provisions of the 
directives on subjects such as authorisation, spectrum assignment and access to networks. The 
proposal is adopted against the background of the Commission proposal for a Regulation of 
the European Parliament and of the Council on measures to reduce the cost of deploying high-
speed electronic communications networks2, which already took the approach of addressing in 
a  single  instrument  a  number  of  distinct  regulatory  cost  elements  at  various  stages  of  the 
network  investment  process  which,  taken  together,  allow  reductions  in  broadband  roll-out 
costs  of  up  to  30%.  This  proposal  is  also  adopted  in  the  knowledge  that  the  Commission 
Recommendation on relevant markets3 is to be reviewed in 2014, and that preparatory work is 
well advanced; rapid adoption and implementation of this proposal could allow a reduction in 

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COM [insert final reference] 
COM(2013) 147. 
OJ L 344, 28.12.2007, p. 65. 

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the  number  or  scope  of  markets  subject  to  ex  ante  regulation  as  part  of  the  prospective 
analysis of the development of competition in a single market. 

1.2. General context 

In  today's  world,  many  new  digital  services  and  applications  are  coming  online  within  the 
EU's single market. Today's innovation and growth opportunities are often digital in virtually 
every sector of the economy, ranging from the automotive sector (connected cars) to energy 
(smart  grids),  from  public  administrations  (e-government)  to  general  services  (e-health). 
Running almost any kind of business, from small start-ups to large enterprises, requires access 
to  state  of  the  art  services  and  infrastructure.  This  entire  ecosystem  depends  on  the 
connectivity provided by electronic communications networks.  

Today, Europe is fragmented into 28 separate national communications markets, each with a 
limited number of players. As a consequence, while no operator is present in more than half 
of the Member States, most in far fewer, overall more than 200 operators serve a market of 
510  million  of  customers.  EU  rules  on,  for  example,  authorisations,  regulatory  conditions, 
spectrum  assignment  and  consumer  protection  are  implemented  in  diverging  ways.  This 
patchy  scenario  raises  barriers  to  entry  and  increases  the  costs  for  operators  wanting  to 
provide cross-border services thereby impeding their expansion. This stands in stark contrast 
with  the  US  or  China  who  have  one  single  market  of  330  and  1400  million  customers 
respectively, served by four to five large operators, with one legislation, one licensing system, 
and one spectrum policy.  

Economies of scale and new growth opportunities can improve the returns on investment in 
high-speed networks and can at the same time drive competition and global competitiveness. 
Yet within the EU, operators cannot benefit sufficiently from them. Other parts of the world 
are making significant digital efforts and investments  -  these investments are paying off for 
both investors and consumers, but in Europe such upgrades are not happening fast enough.  

At the same time, due  to fragmented national markets,  consumers face less choice, services 
which are less innovative and of lower quality, and they still pay a high price to make calls 
across  borders  or  ‘roam’  within  the  EU.  This  means  they  are  unable  to  make  the  most  of 
digital services potentially available today. 

As a result, Europe is losing out on a major potential source of growth. In a world where ICT 
is  pervasive,  a  fragmented  electronic  communications  market  undermines  efficiency  and 
productivity across the economy. The untapped potential of an EU single market in electronic 
communications is estimated at up to 0.9% GDP, or €110 billion per year. 4 The benefits from 
a single market for business communication services alone amount to almost €90 billion per 
year.5 

A sound telecommunications market underpins a wider digital economy, whose dynamism of 
is reflected in its sustained employment growth. To give some idea of the scale and robustness 
of  that  wider  economy,  there  are  more  than  4  million  ICT  specialists  working  in  the  EU,  a 
number which keeps on growing despite the recession .In the wider economy, increasing ICT 
investment,  improving  e-skills  in  the  labour  force  and  reforming  the  conditions  for  the 

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Steps  towards  a  truly  internal  market  for  e-communications  in  the  run-up  to  2020,  Ecorys,  TU  Delft 
and TNO, 2012. 
Business communications, economic growth and the competitive challenge, WIK, 2012.  

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Internet economy could boost GDP by an additional 5% up to 2020,6 and create 3.8 million 
jobs.7  

Market  barriers  for  electronic  communications  impede  the  benefits  of  cross-European 
services:  better  quality,  economies  of  scale,  greater  investment,  increased  efficiency  and 
stronger bargaining positions. This negatively affects the wider digital eco-system including 
EU  equipment  manufacturers,  and  content  and  application  providers,  from  start-ups  to 
governments.  It  also  has  an  impact  on  economic  sectors  such  as  banking,  automotive, 
logistics, retail, health, energy or transport that rely on connectivity to enhance productivity, 
for instance, through cloud computing, connected objects and integrated service provision. 

1.3. Political background  

The Digital Agenda for Europe (DAE), a flagship initiative of the EU's Europe 2020 Strategy, 
has  already  signalled  this  vital  role  of  ICT  and  network  connectivity.  It  sets  out  many 
initiatives  to  promote  investment,  enhance  competition  and  reduce  the  cost  of  rolling  out 
high-speed  networks,  to  ensure  that  all  Europeans  have  access  to  fast  broadband.  The 
Commission has also launched a Grand Coalition for Digital Jobs, to address the employment 
potential of this sector.  

The Commission is also implementing initiatives to ensure a "Digital Single Market", and to 
promote  online  content,  including  e-commerce  and  e-government.  It  has  also  proposed  a 
reformed  EU  Data  Protection  Regulation,  to  protect  citizens’  privacy  while  facilitating 
innovation and business within a single market; and a strategy to promote cyber-security and 
defend EU critical infrastructures and networks, including a draft Directive on Network and 
Information Security,8 which is a vital support to the confidence of citizens and consumers in 
the online environment.  

Moving  towards  a  single  market  in  electronic  communications  would  support  the  Digital 
Single Market ecosystem. Such a market would imply, not just modern infrastructure, but also 
innovative and secure digital services.  

Recognising  this,  the  2013  Spring  European  Council  stressed  the  importance  of  the  digital 
single market for growth and called for the Commission to present (in time for the October 
European Council) concrete measures to establish a Single Market in ICT as early as possible. 
This  proposal,  together  with  the  Commission  Recommendation  on  consistent  non-
discrimination obligations and costing methodologies to promote competition and enhance the 
broadband  investment  environment,  forms  a  set  of  balanced  measures  aimed  at  moving 
towards a Single Market in Telecommunications and fostering investment.  

2. 

RESULTS  OF  CONSULTATIONS  WITH  INTERESTED  PARTIES  AND 
IMPACT ASSESSMENT 

2.1. Views of stakeholders 

Since the Spring European Council set out in its conclusions the need for concrete proposals 
to  be  presented  before  its  October  European  Council,  public  consultations  had  to  be 
conducted within this challenging time-table. In addition to specific formal consultations and 
consultative  events,  the  Commission  has  engaged  extensively  with  a  wide  range  of 

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Capturing the ICT dividend, Oxford Economics Research, 2011. 
Quantitative estimates of the demand for cloud computing in Europe and the likely barriers to takeup, 
IDC, 2012. 
COM(2013) 48. 

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stakeholder organisations to assess the general state of the electronic communications market 
and how to establish a single market. It has met and received submissions from stakeholders 
representing  all  industry  segments,  consumer  organisations,  civil  society,  and  national 
regulators and governments. 

On  top  of  that,  the  Commission  organised  several  consultative  events  attended  by 
stakeholders  representing  all  segments  of  the  industry,  consumers  and  civil  society9.  These 
consultations  have  shown  that  a  large  majority  of  stakeholders  share  the  Commission's 
problem analysis and recognise that urgent action is needed. 

Furthermore,  discussions  were  held  in  the  European  Parliament  and  in  the  Council  of 
Ministers  (TTE  Council).  In  Council,  most  delegations  shared  the  problem  analysis  and  the 
need  for  taking  measures  to  move  towards  a  single  market,  with  a  view  to  safeguard  or 
improve competition and consumer choice, to address net neutrality and roaming and to avoid 
regulatory  arbitrage  whilst  ensuring  more  regulatory  consistency,  including  in  spectrum 
management  and  at  the  same  time  avoiding  excessive  centralisation  of  competences. 
Discussions  in  the  European  Parliament  showed  strong  support  for  the  thrust  of  the 
Commission's proposals and highlighted in particular the urgency of eliminating roaming as 
part of a single market for electronic communications as well as of introducing a high level of 
consumer protection and clear rules on net neutrality.  

2.2. Expertise 

A  major  study  was  completed  in  2012  on  'Steps  towards  a  truly  internal  market  for  e-
communications', also known as the "cost of non-Europe in telecoms".10 The study assessed 
the state of the EU's single market for electronic communications and estimated the economic 
potential of a single market.  

The  Commission  also  used  many  other  sources  of  evidence,  such  as  the  annual  Digital 
Agenda  Scoreboard  and  economic  studies  conducted  by  DG  ECFIN,  for  instance  on 
fragmentation  of  the  telecommunications  market  in  Europe.11  The  EU  consultation 
mechanism  under  the  regulatory  framework  has  also  highlighted  inconsistent  practices  by 
national regulatory authorities (NRAs) when regulating relevant markets. Furthermore, in the 
context  of  the  Radio  Spectrum  Policy  Programme,  the  Commission  detected  a  considerable 
lack  of  coherence  across  Member  States  regarding  the  authorisation  and  the  opening  of 
spectrum  bands  for  technology-neutral  use  especially  in  terms  of  conditions  attached  and 
timing. 

2.3. Assessment of the impact of the proposed Regulation 

In  line  with  its  “Better  Regulation”  policy,  the  Commission  services  carried  out  an  impact 
assessment of policy alternatives. 

The  main  sources  for  regulatory  fragmentation  are  linked  to  the  main  sector-specific 
requirements  for  the  provision  of  electronic  communications  which  are  subject  to  EU  law 
(authorisation, access to fixed and wireless inputs, compliance with end-user protection rules). 
While  each  of  these  elements  has  very  distinct  features,  and  the  solutions  to  fragmentation 
will necessarily be very different, they are all vital if the main barriers to integrated provision 

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In particular, a public information session was held in Brussels on 17 June 2013. A further event took 
place as part of the Annual Digital Agenda Assembly, held on 19 June in Dublin. 
Steps  towards  a  truly  internal  market  for  e-communications  in  the  run-up  to  2020,  Ecorys,  TU  Delft 
and TNO, 2012. 
European  Commission,  European  Economy  Occasional  Papers  129:  Market  Functioning  in  Network 
Industries - Electronic Communications, Energy and Transport, 2013. 

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linked  with 

of  electronic  communications  networks  and  services  in  the  Union  are  to  be  overcome.  In 
particular, the assessment of solutions has been broken down by reference to a) barriers due to 
national  authorisation  regimes 
in  regulatory  approaches 
implemented  by  NRAs;  b)  lack  of  co-ordination  in  spectrum  assignments  and  conditions  as 
well  as  regulatory  uncertainty  as  to  the  availability  of  frequencies;  c)  lack  of  wholesale 
products  which  allow  the  provision  of  services  using  the  network  of  another  operator  with 
consistent service interoperability levels, in the framework of market remedies or reciprocal 
negotiations;  d)  fragmentation  of  consumer  protection  rules  leading  to  uneven  levels  of 
consumer protection and varying commercial conditions, including high costs of roaming and 
international calls as well as blocking or throttling of services.  

inconsistency 

In  order  to  tackle  these  sources  of  fragmentation,  three  policy  options  were  selected  for 
further  analysis.  The  first  option  was  based  on  the  regulatory  framework  for  electronic 
communications as it stands. The second option considered a single legislative instrument (a 
Regulation) adjusting the regulatory framework only where necessary for a single EU market 
for  electronic  communications,  based  on  enhanced  EU  coordination.  The  third  option 
included the substance of the second option, but replaced the current governance structure by 
a single EU regulator in order to achieve full regulatory coordination.  

Each  policy  option  was  assessed  against  its  effectiveness  to  achieve  the  policy  objectives, 
focusing on the costs and benefits for demand and supply sides, including the impact on the 
structure of the EU electronic communications industry, the economy, jobs, consumer surplus 
and the environment. 

The impact assessment report concludes that the second option is the best available. First of 
all, a single European authorisation aims at reducing the administrative burden for European 
operators and would ensure consistency of their regulatory treatment.  

The  coordination  of  use  of  radio  spectrum  within  the  Single  market  will  ensure  a 
synchronised  availability  of  spectrum  input  and  the  application  of  consistent  conditions 
attached to its use across Europe, thereby ensuring an efficient use of spectrum. At the same 
time,  this  would  support  a  predictable  investment  environment  for  high-speed  networks, 
including their wide territorial coverage, which is also a long-term end-user interest.  

The availability of standardised wholesale access products at EU level as a potential remedy 
for significant market power will allow fixed operators to provide their connectivity services 
to their customers throughout  the  Union, with a high quality of  service. Such availability is 
expected  to  have  a  positive  effect  on  investments,  especially  across  Member  State  borders, 
making it easier for companies to enter new markets to follow customer demand and allowing 
them to do so with access products of a high quality standard, thus enhancing competition and 
requiring operators to improve their offer by investing in infrastructure and services.  

Common  rules  on  quality  of  services  will  ensure  the  freedom  of  users  to  have  access  to 
services and applications of their choice and on the basis of clear contractual terms throughout 
the  Union,  without  their  internet  access  being  unduly  throttled  or  blocked.  They  will  at  the 
same time ensure the possibility to acquire specialised  services  for the provision of specific 
content,  applications  and  services  with  an  enhanced  quality  of  services.  Strengthened 
transparency and contractual rights would ensure the consumers' interest in high quality and 
reliable services and will strengthen the competitive dynamics of the market.  

Finally measures on unjustifiable price differences between domestic and intra-EU calls and 
those facilitating the provision of Roaming Like At Home offers through roaming agreements 
aim at abolishing unjustified additional costs for electronic communications services provided 
across borders.  

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In  conclusion  this  option  would  enhance  legal  predictability  and  transparency  in  the  most 
efficient  and  timely  manner.  In  particular,  greater  contestability  of  markets,  more  common 
operating  conditions  (input  access,  consumer-specific  rules)  as  well  as  the  pass-on  of  scale 
advantages  due  to  customer  price  elasticity  or  competitive  pressure,  should  lead  to  greater 
convergence. Greater competitive pressure, leading to incentives to differentiate, plus greater 
scale  advantages,  greater  regulatory  predictability,  and  a  better  environment  for  mass 
distribution  of  innovative  services,  should  all  in  due  course  improve  the  investment 
environment.  While  these  proposals  are  expected  to  have  a  positive  impact  on  job  creation, 
the  precise  social  and  employment  impacts  are  difficult  to  assess  at  this  stage.  The 
Commission will pay special attention to this aspect during its monitoring and evaluation of 
the legislation. 

Compared to the preferred option, 3 to 5 years more would be needed to achieve the desired 
result  under  options  1  (applying  the  current  framework)  and  3  (complete  change  of  the 
regulatory  governance  for  pan-EU  services),  with  foregoing  potential  additional  GDP  up  to 
3.7% over the period 2015 – 2020.  

It  also  takes  least  time  to  produce  its  effects  and  deliver  all  the  specific  objectives,  thus 
achieving the highest possible economic and social benefits of all the options considered.  

The  Impact  Assessment  Board  delivered  an  opinion  on  the  draft  impact  assessment  on  6 
September 2013.  

The report and its executive summary are published with the proposal. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. Legal basis 

The proposal is based on Article 114 of the Treaty on the Functioning of the European Union, 
as it relates to the internal market for electronic communications and its functioning.  

3.2. Subsidiarity 

The current regulatory framework has not been able to fully deliver its objective to establish a 
single  market  for  electronic  communications.  The  differences  in  national  rules,  while 
compatible  with  the  existing  EU  regulatory  framework,  nevertheless  create  barriers  to 
operating  and  acquiring  services  across  borders,  thereby  limiting  the  freedom  to  provide 
electronic  communications,  as  guaranteed  under  EU  law.  This  has  a  direct  effect  on  the 
functioning  of  the  internal  market.  Member  States  have  neither  the  competence  nor  the 
incentive to change the current regulatory landscape.  

Measures  at  EU  level  are  needed  to  tackle  the  underlying  causes  of  the  problem.  First,  the 
current  fragmentation  resulting  from  the  national  dimension  of  the  general  authorisation 
systems  is  countered  by  introducing  a  single  EU  authorisation.  A  single  EU  authorisation 
mechanism  coupled  with  the  home-country  control  on  the  withdrawal  and/or  suspension  of 
such  authorisation  would  facilitate  registration  of  EU  operators  and  the  coordination  of  the 
most  serious  enforcement  measures  applicable  to  them.  The  proposal  guarantees  greater 
regulatory consistency and predictability to such companies by granting the Commission the 
power  to  require  national  regulators  to  withdraw  proposed  remedies  which  would  be 
incompatible with EU law. The proposal would ensure much greater convergence in regulated 
conditions  of  access  to  fixed  and  wireless  inputs  which  facilitate  the  provision  of  pan-
European  services.  The  full  harmonisation  of  end-users'  rights  ensures  that  citizens  and 

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providers  across  the  EU  have  similar  rights  and  obligations,  in  particular  the  possibility  to 
market and acquire services across borders under the same conditions.  

The  principle  of  subsidiarity  is  respected  as  EU  intervention  will  be  limited  to  the  extent 
necessary to remove specified internal market barriers.  

First of all, the single EU authorisation is available to operators intending to carry out their 
activities on a pan-EU dimension and the regulatory obligations inherently linked to the place 
where  a  network  is  located  or  a  service  is  provided  remain  to  be  decided  by  the  national 
regulator of that Member State. Revenues levied from spectrum assignments will remain with 
the  Member  State  concerned,  while  more  detailed  regulatory  principles  on  spectrum  use 
complementing the high level objectives framed in the EU Regulatory framework still leave a 
large  margin  of  discretion  on  details  to  Member  States.  Similarly,  with  regard  to  the 
notification procedure to the Commission on spectrum, this is based on a legal compatibility 
check,  rather  than  substitution  of  Commission  discretion  for  that  of  Member  States,  and  is 
subject  to  further  safeguards  such  as  the  examination  procedure  under  comitology.  The 
extension of the benefit of general authorisation to use of small-area wireless access points is 
confined to unobtrusive, low-power deployments strictly defined by implementing measures. 
Finally,  the  imposition  of  European  virtual  access  products  remains  with  the  national 
regulatory  authority  of  the  Member  State  where  the  network  is  located,  following  a  market 
analysis  based  on  the  existing  framework;  at  the  same  time,  the  harmonisation  of  virtual 
access products uses the same mechanism as for physical wholesale access products foreseen 
already under the existing framework. 

3.3. Proportionality 

EU action is limited to what is necessary to achieve the objectives identified. Measures will 
focus  on  tackling  clear  bottlenecks  to  the  Single  Market,  with  the  minimum  necessary 
amendments to the existing regulatory framework needed in order to create the conditions for 
new  cross-border  electronic  communications  markets  to  develop  at  EU  level.  In  doing  so  it 
would  allow  meeting  the  two-fold  Single  Market  objective  of  freedom  of  provision  and 
freedom of consumption of electronic communications services. At the same time, by leaving 
the  existing  regulatory  framework  largely  untouched,  including  in  the  way  that  national 
regulatory  authorities  supervise  markets,  it  avoids  disrupting  operations  of  those  providers 
that would opt for keeping a national (or sub-national) footprint.  

Moreover  the  development  of  new  cross-border  markets  should  take  place  under  the  'better 
regulation'  principle,  i.e.  by  progressively  decreasing  regulatory  pressure  if  markets  are 
proven to be competitive within a more integrated European context but in accordance with 
the  supervisory  competences  of  national  regulatory  authorities  and  subject  to  ex  post 
competition control. That is beneficial as the national regulatory authorities would also be the 
best placed to take account of the national specificities when (i) regulating access to physical 
infrastructures  that  by  their  nature  remain  geographically  confined  to  national  or  regional 
level; and (ii) addressing consumer questions in a national context (notably in their language).  

Accordingly,  the  proposed  measures  will  not  involve  significant  changes  to  governance  or 
shift  competences  to  the  European  level  such  as  through  an  EU  regulator  or  pan-European 
spectrum licensing.  

The  solutions  will  enable  relevant  stakeholders  to  exploit  the  synergies  of  a  large  single 
market and reduce inefficiencies in their operations and investments, in the most timely and 
effective  manner.  At  the  same  time,  the  proposal  ensures  to  those  operators  who  opt  to 
provide  services  in  a  single  Member  States  continuity  of  the  current  rules  while  benefitting 

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from  improved  and  clearer  rules  concerning  end-users  rights,  and  a  more  predictable 
environment for access to spectrum inputs and to high-quality fixed network access products. 

3.4. Fundamental rights  

The  proposal’s  impact  on  fundamental  rights  such  as  the  freedom  of  expression  and 
information, the freedom to conduct a business, non-discrimination, consumer protection and 
the protection of personal data, has been analysed. In particular, the Regulation will safeguard 
access  to  the  open  internet;  it  sets  a  high  standard  for  fully  harmonised  end-user  rights, 
increases business freedom at European scale and should lead to a reduction in sector-specific 
regulation over time. 

3.5. Choice of the instrument 

The Commission proposes a Regulation as it ensures the removal of single market barriers by 
complementing  the  existing  regulatory  framework  for  electronic  communications.  This 
includes specific, directly-applicable rights and obligations for providers and end users; it also 
includes coordinating mechanisms regarding certain inputs at European level to facilitate the 
provision  of  electronic  communications  services  across  borders.  A  Regulation  is  important, 
for example, in a field such as open Internet and traffic management, where a truly common 
approach  is  necessary  to  avoid  from  the  outset  the  current  tendency  towards  divergent 
national solutions and to enable both integrated network management and the development of 
online  content,  applications  and  services  which  can  be  made  available  in  a  common  way 
throughout the Union.  

3.6. Structure of the proposal and main rights and obligations 

General provisions (Chapter I, Article 1 and 2) 

Chapter  1  contains  the  general  provisions,  including  relevant  definitions.  It  establishes 
regulatory  principles  pursuant  to  which  the  regulatory  bodies  involved  shall  act  when 
applying this regulation in conjunction with the provisions of the existing framework 

Single EU authorisation (Chapter II, Article 3 to 7) 

Operators wanting to provide services in several Member States must currently be authorised 
in  each  of  them.  The  Regulation  introduces  a  single  EU  authorisation  based  on  a  single 
notification  system  in  the  Member  State  of  main  establishment  of  the  European  electronic 
communication provider (the home country) and sets out the conditions applicable to it. The 
withdrawal  and/or  suspension  of  the  Single  EU  authorisation  are  subject  to  home-country 
control.  Holders  of  a  single  EU  authorisation  are  entitled  to  equal  regulatory  treatment  in 
similar situations within and across Member States and new entrants and smaller cross-border 
operators are exempted from administrative charges and contributions to the universal service 
financing in Member States other than the home country (host countries). Holders of a single 
EU  authorisation  will  further  provide  services  throughout  Europe  on  the  basis  of  greater 
consistent application of regulatory obligations 

The single European authorisation will thereby reduce unnecessary administrative hurdles and 
guarantee European providers more consistent rights and obligations to operate across the EU 
and achieve scale. 

European inputs (Chapter III) 

Section 1 (Articles 8 to 16) 

Mobile  providers  in  Europe  today  lack  the  necessary  predictability  regarding  spectrum 
availability across the EU and must deal with diverging assignment conditions. It is thus more 
difficult to plan long-term, to invest across borders and eventually to gain scale. Such a patchy 

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situation means that device manufacturers design their products for other markets with greater 
scale  and  growth  prospects.  To  put  an  end  to  this  unsustainable  situation,  harmonisation  of 
spectrum inputs must be ensured by:  

• 

• 

• 

• 

Defining  common  regulatory  principles  applicable  to  Member  State  when  defining 
conditions  on  the  use  of  spectrum  which  is  harmonised  for  wireless  broadband 
communications. 

Empowering  the  Commission  to  adopt  implementing  acts  to  harmonise  spectrum 
availability, the timing of assignments and the duration of rights of use for spectrum.  

A  consultation  mechanism  enabling  the  Commission  to  review  draft  national 
measures concerning the assignment and the use of spectrum.  

Simplifying  conditions  for  the  deployment  and  provision  of  low-power  wireless 
broadband  access  ('Wi-Fi',  small  cells)  to  enhance  competition  and  reduce  network 
congestion. 

Section 2 (Articles 17 to 20) 

Harmonised, high-quality virtual  access  to fixed networks would facilitate market entry and 
the provision of cross-border services both to end-users and businesses, and would help drive 
competition and investment. Today, virtual fixed access products are defined in a variety of 
manners across the EU. Virtual access to fixed networks to provide cross-border services is 
harmonised through: 

• 

• 

• 

Defining  common  features  of  EU-harmonised  virtual  broadband  access  products 
(virtual  unbundling,  IP  bit-stream  and  terminating  segments  of  leased  lines)  when 
mandated on operators with significant market power.  

Accordingly, national regulators are required to take into account the introduction of 
such  harmonised  access  products  when  imposing  regulatory  remedies,  with  due 
regard  for  existing  infrastructure  competition  and  investments  and  overarching 
proportionality  requirements.  The  proposal  also  reflects  decisional  practice  in  a 
provision  linking  consideration  of  wholesale  price  control  obligations  on  NGA 
networks  with  competitive  constraints  from  alternative  infrastructures,  effective 
guarantees of non-discriminatory access and the level of retail competition in terms 
of price, choice and quality. 

A  right  for  electronic  communications  providers  to  offer  and  access  on  reasonable 
terms  harmonised  connectivity  products  with  assured  service  quality  to  enable  new 
types of online services. 

Rights of end-users (Chapter IV, Articles 21 to 29) 

In  Europe,  both  electronic  communications  providers  and  end-users  face  inconsistent  rules 
regarding rights of end-users, leading to uneven levels of protection and a variety of diverging 
rules to comply with in different Member States. This fragmentation is costly for operators, 
unsatisfactory  for  end-users  and  eventually  hinders  the  provision  of  services  across  borders 
and negatively impacts end-users' willingness to consume them. To guarantee an appropriate 
level  of  consumer  protection  across  the  EU,  rules  defining  the  rights  of  end-users  are 
harmonised, including: 

– 

– 

EN 

non-discrimination  between  certain  domestic  and 
communications (unless differences are objectively justified), 

intra-EU 

(international) 

mandatory pre-contractual and contractual information, 

11 

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– 

– 

– 

increased transparency and facilities to avoid "bill shocks", 

the  right  to  terminate  the  contract  after  six  months  without  costs  (excluding  the 
residual value of any subsidised equipment or other promotions), 

the  obligation  on  providers  to  provide  unhindered  connection  to  all  content, 
applications  or  services  being  accessed  by  end-users  –  also  referred  to  as  Net 
Neutrality - while regulating the use of traffic management measures by operators in 
respect  of  general  internet  access.  At  the  same  time,  the  legal  framework  for 
specialised services with enhanced quality is clarified.  

Facilitating change of provider (Chapter V, Article 30) 

Improved  switching  rules  promote  market  entry  and  competition  between  electronic 
communication providers and allow end-users to choose more easily the provider which best 
meets  their  specific  needs.  Harmonised  principles  applicable  to  switching  procedures  are 
provided,  such  as  cost-orientation,  receiving  provider-led  process,  automatic  termination  of 
contract with the transferring provider.  

Organisational and final provisions (Chapter VI, Articles 31 to 40) 

This  Chapter  contains  first  general  provisions  concerning  sanctioning  powers  of  the 
competent  national  authorities  and  rules  on  the  Commission's  power  to  adopt  delegated  or 
implementing acts. 

Modifications  to  the  Framework  Directives  as  well  as  to  the  Roaming  and  BEREC 
Regulations are also set out. In particular, with regard to ex ante market regulation and given 
that each NRA is still responsible for its respective (national) markets, the modifications aim 
to foster greater consistency and stability across the EU with regard to NRAs' assessment of 
markets  and  imposition  of  regulatory  obligations  on  holders  of  a  single EU  authorisation  in 
order  to  avoid  they  face  diverging  obligations  for  the  same  market  failure  in  each  Member 
State  where  they  are  present.  To  this  end,  the  provisions  envisage  a  Commission  power  to 
require withdrawal of remedies imposed on companies with a single EU authorisation, as well 
as  legal  certainty  concerning  the  criteria  for  identifying  markets  subject  to  such  ex  ante 
remedies, taking also into account competitive constraints from equivalent services provided 
by "over-the-top" (OTT) players.  

While the Roaming III Regulation with its structural measures will inject greater competition 
into  the  market  it  is  not  expected  of  its  own  to  create  a  situation  where  customers  can 
confidently  replicate  their  consumption  behaviour  in  their  home  Member  State  when 
travelling  abroad  and  thereby  to  end  roaming  surcharges  overall  in  Europe.  Article  37, 
therefore,  builds  on  the  Roaming  Regulation,  providing  incentives  to  operators  to  provide 
roaming at domestic price levels. The proposal introduces a voluntary mechanism for mobile 
operators  to  enter  into  bilateral  or  multilateral  roaming  agreements  which  allow  them  to 
internalise  the  wholesale  roaming  costs  and  to  gradually  introduce  roaming  services  at 
domestic price levels up to July 2016 while limiting the risk of price arbitrage. Such roaming 
agreements  as  such  are  not  a  novelty  in  the  market.  Roaming  agreements  already  exist 
allowing their participants (subject to compliance with competition law) to realise economies 
of  scale  in  the  provision  of  roaming  services  as  between  contracting  parties.  The  proposal 
however  requires  they  are  notified  to  improve  their  transparency.  The  proposed  voluntary 
regime  is  designed  to  induce  the  pass-on  of  such  legitimate  scale  economies  to  consumers 
through  the  provision  of  roaming  services  at  domestic  price  levels,  under  conditions  which 
ensure  that  roaming  throughout  the  Union  is  covered  and  that  consumers  throughout  the 
Union  benefit  in  due  course  from  such  offers.  At  the  same  time,  the  proposal  provides  the 
necessary balance to allow operators to adjust their retail offers and to gradually ensure all of 

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their customer base benefits from them. Without bileteral or multilateral roaming agreements 
it  is  unrealistic  to  imagine  that  an  operator  alone  would  be  able  to  provide  roaming  at 
domestic price levels throughout the whole Union in the envisaged time frame. 

Finally, changes in the BEREC Regulation are necessary to provide more stability to the body 
and  allow  it  to  play  a  more  strategic  role,  in  particular  through  the  appointment  of  a 
professional three-year Chair.  

4. BUDGETARY IMPLICATIONS 

The proposed Regulation has no implications for the budget of the Union. 

In  particular,  the  proposal  to  amend  the  Regulation  (EC)  No  1211/2009  has  no  impact  on 
either the number of establishment plan posts or the EU financial contribution to the BEREC 
Office and is in line with the figures set out in the Communication to the European Parliament 
and the Council (COM(2013)519 final). 

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   EN 

 
2013/0309 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down measures concerning the European single market for electronic 
communications and to achieve a Connected Continent, and amending Directives 
2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) 
No 531/2012 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 114 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Economic and Social Committee12,  
Having regard to the opinion of the Committee of the Regions13,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Europe  has  to  tap  all  sources  of  growth  to  exit  the  crisis,  create  jobs  and  regain  its 
competitiveness.  Restoring  growth  and  job  creation  in  the  Union  is  the  aim  of  the 
Europe 2020 Strategy. The 2013 Spring European Council stressed the importance of 
the  digital  single  market  for  growth  and  called  for  concrete  measures,  in  order  to 
establish  a  single  market  in  information  and  communications  technology  (ICT)  as 
early as possible. In line with the objectives of the Europe 2020 Strategy and with this 
call, this regulation aims at establishing a single market for electronic communications 
by completing and adapting the existing Union Regulatory Framework for Electronic 
Communications.  

The Digital Agenda for Europe (DAE), one of the flagship initiatives of Europe 2020 
Strategy,  has  already  recognised  the  role  of  ICT  and  network  connectivity  as  an 
indispensable  basis  for  the  development  of  our  economy  and  society.  For  Europe  to 
reap the benefits of digital transformation, the Union needs a dynamic single market in 
electronic communications for all sectors and across all of Europe. Such a truly single 
communications  market  will  be  the  backbone  of  an  innovative  and  'smart'  digital 
economy and a foundation of the digital single market where online services can freely 
flow across borders.  

12 
13 

OJ C , , p. . 
OJ C , , p. . 

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(3) 

(4) 

(5) 

(6) 

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

A  truly  single  market  for  electronic  communications  should  promote  competition, 
investment  and  innovation  in  new  and  enhanced  networks  and  services  by  fostering 
market  integration  and  cross-border  service  offerings.  It  should  thus  help  to  achieve 
the  ambitious  high-speed  broadband  targets  set  out  in  the  DAE.  The  growing 
availability  of  digital  infrastructures  and  services  should  in  turn  increase  consumer 
choice,  quality  of  service  and  diversity  of  content,  and  contribute  to  territorial  and 
social cohesion, as well as facilitating mobility across the Union.  

The benefits arising from a single market for electronic communications should extend 
to the wider digital ecosystem that includes Union equipment manufacturers, content 
and  application  providers  and  the  wider  economy,  covering  sectors  such  as  banking, 
automotive,  logistics,  retail,  energy  and  transport,  which  rely  on  connectivity  to 
enhance  their  productivity  through,  for  example,  ubiquitous  cloud  applications, 
connected objects and possibilities for integrated service provision for different parts 
of the company. Public administrations and the health sector should also benefit from 
a  wider  availability  of  e-government  and  e-health  services.  The  offer  of  cultural 
content  and  services,  and  cultural  diversity  in  general,  may  be  also  enhanced  in  a 
single  market  for  electronic  communications.  The  provision  of  connectivity  through 
electronic  communications networks and services is of  such importance  to the  wider 
economy  and  society  that  unjustified  sector-specific  burdens,  whether  regulatory  or 
otherwise, should be avoided. 

to  essential 

This  Regulation  aims  at  the  completion  of  the  single  electronic  communications 
market  through  action  on  three  broad,  inter-related  axes.  First,  it  should  secure  the 
freedom to provide electronic communications services across borders and networks in 
different Member States, building on the concept of a single EU authorisation which 
puts in place the conditions for ensuring greater consistency and predictability in the 
content  and  implementation  of  sector-specific  regulation  throughout  the  Union. 
Second,  it  is  necessary  to  enable  access  on  much  more  convergent  terms  and 
the  cross-border  provision  of  electronic 
conditions 
communications  networks  and  services,  not  only 
for  wireless  broadband 
communications, for which both licensed and unlicensed spectrum is key, but also for 
fixed  line  connectivity.  Third,  in  the  interests  of  aligning  business  conditions  and 
building the digital confidence of citizens, this Regulation should harmonise rules on 
the  protection  of  end-users,  especially  consumers.  This  includes  rules  on  non-
discrimination,  contractual  information,  termination  of  contracts  and  switching,  in 
addition to rules on access to online content, applications and services and on traffic 
management  which  not  only  protect  end-users  but  simultaneously  guarantee  the 
continued  functioning  of  the  Internet  ecosystem  as  an  engine  of  innovation.  In 
addition, further reforms in the field of roaming should give end-users the confidence 

inputs  for 

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to stay connected when they travel in the Union, and should become over time a driver 
of convergent pricing and other conditions in the Union. 

therefore  complement 

This  Regulation  should 
the  existing  Union  regulatory 
framework  (Directive  2002/19/EC  of  the  European  Parliament  and  of  the  Council14, 
Directive  2002/20/EC  of  the  European  Parliament  and  of  the  Council15,  Directive 
2002/21/EC of the European Parliament and of the Council16, Directive 2002/22/EC of 
the European Parliament and of the Council17, Directive 2002/58/EC of the European 
Parliament  and  of  the  Council18,  Commission  Directive  2002/77/EC19,  as  well  as 
Regulation  (EC)  No  1211/2009  of  the  European  Parliament  and  of  the  Council20, 
Regulation  (EU)  No  531/2012  of  the  European  Parliament  and  of  the  Council21  and 
Decision No 243/2012/EU of the European Parliament22) and the applicable national 
legislations adopted in conformity with Union law, by establishing specific rights and 
obligations  for  both  electronic  communications  providers  and  end-users,  by  making 
consequential  amendments  to  the  existing  Directives  and  to  Regulation  (EU)  No 
531/2012 in order to secure greater convergence as well as some substantive changes 
consistent with a more competitive Single Market. 

The  measures  provided  in  this  Regulation  respect  the  principle  of  technological 
neutrality, that is to say they neither impose nor discriminate in favour of the use of a 
particular type of technology. 

The  provision  of  cross-border  electronic  communications  is  still  subject  to  greater 
burdens  than  those  confined  to  the  national  borders.  In  particular,  cross-border 
providers still need to notify and pay fees in individual host Member States. Holders 
of  a  single  EU  authorisation  should  be  subject  to  a  single  notification  system  in  the 
Member  State  of  their  main  establishment  (home  Member  State),  which  will  reduce 
the  administrative  burden  for  cross-border  operators.  The  single  EU  authorisation 
should  apply  to  any  undertaking  that  provides  or  intends  to  provide  electronic 
communications  services  and  networks  in  more  than  one  Member  State,  thereby 

Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and 
interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 
L 108, 24.4.2002, p. 7). 
Directive  2002/20/EC  of  the  European  Parliament  and  of  the  Council  of  7  March  2002  on  the 
authorisation of electronic communications networks and services (Authorisation Directive) (OJ L 108, 
24.4.2002, p. 21).  
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common 
regulatory framework for electronic communications networks and services (Framework Directive) (OJ 
L 108, 24.4.2002, p. 33). 
Directive  2002/22/EC  of  the  European  Parliament  and  of  the  Council  of  7  March  2002  on  universal 
service and users' rights relating to electronic communications networks and services (Universal Service 
Directive) (OJ L 108, 24.4.2002, p. 51). 
Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the 
processing of personal data and the protection of privacy in the electronic communications sector (E-
Privacy Directive) (OJ L 201, 31.7.2002, p. 37) 
Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic 
communications networks and service (OJ L 249, 17.9.2002, p. 21.) 
Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 
establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office 
(OJ L 337, 18.12.2009, p. 1). 
Regulation  (EU)  No  531/2012  of  the  European  Parliament  and  of  the  Council  of  13  June  2012  on 
roaming on public mobile communications networks within the Union (OJ L 172, 30.6.2012, p. 10.) 
Decision  No  243/2012/EU  of  the  European  Parliament  and  of  the  Council  of  14  March  2012 
establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7) 

(7) 

(8) 

(9) 

14 

15 

16 

17 

18 

19 

20 

21 

22 

EN 

16 

   EN 

                                                 
entitling  it  to  enjoy  the  rights  attached  to  the  freedom  to  provide  electronic 
communications  services  and  networks  in  accordance  with  this  Regulation  in  any 
Member State. A single EU authorisation defining the legal framework applicable to 
electronic communications operators providing services across Member States on the 
basis  of  a  general  authorisation  in  the  home  Member  State  should  ensure  the 
effectiveness  of  the  freedom  to  provide  electronic  communications  services  and 
networks in the whole Union.  

(10)  The provision of electronic communications services or networks across borders may 
take  different  forms,  depending  on  several  factors  such  as  the  kind  of  network  or 
services  provided,  the  extent  of  the  physical  infrastructure  needed  or  the  number  of 
subscribers  in  the  different  Member  States.  The  intention  to  provide  electronic 
communications  services  cross-border  or  to  operate  an  electronic  communications 
network  in  more  than  one  Member  State  may  be  demonstrated  by  activities  such  as 
negotiation  of  agreements  on  access  to  networks  in  a  given  Member  State  or 
marketing via an internet site in the language of the targeted Member State.  

(11) 

Irrespective  of  how  the  provider  chooses  to  operate  electronic  communications 
networks or provide electronic communications services across borders, the regulatory 
regime applicable to a European electronic communications provider should be neutral 
vis-à-vis  the  commercial  choices  which  underlie  the  organisation  of  functions  and 
activities across Member States. Therefore, regardless of the corporate structure of the 
undertaking,  the  home  Member  State  of  a  European  electronic  communications 
provider  should  be  considered  to  be  the  Member  State  where  the  strategic  decisions 
concerning the provision of electronic communications networks or services are taken.  

(12)  The single EU authorisation should be based on the general authorisation in the home 
Member  State.  It  should  not  be  made  subject  to  conditions  which  are  already 
applicable  by  virtue  of  other  existing  national  law  which  is  not  specific  to  the 
electronic  communications  sector.  In  addition,  the  provisions  of  this  Regulation  and 
Regulation  (EU)  No.  531/2012  should  also  apply 
to  European  electronic 
communications providers. 

(13)  Most  sector-specific  conditions,  for  example  concerning  access  to  or  security  and 
integrity of networks or access to emergency services, are strongly linked to the place 
where  such  network  is  located  or  the  service  is  provided.  Consequently  a  European 
electronic  communications  provider  may  be  subject  to  conditions  applicable  in  the 
Member States where it operates, to the extent that this Regulation  does not provide 
otherwise. 

(14)  Where  Member  States  require  contribution  from  the  sector  in  order  to  finance 
universal service obligations and to the administrative costs of the national regulatory 
authorities,  the  criteria  and  procedures  for  apportioning  contributions  should  be 
proportionate  and  non-discriminatory  with 
to  European  electronic 
communications providers, so as not to hinder cross-border market entry, in particular 
of  new  entrants  and  smaller  operators;  individual  undertakings’  contributions  should 
therefore take into account the contributor’s market share in terms of turnover realised 
in the relevant Member State and should be subject to the application of a de minimis 
threshold. 

regard 

(15) 

It is necessary to ensure that in similar circumstances there is no discrimination in the 
treatment  of  any  European  electronic  communications  provider  by  different  Member 
States  and  that  consistent  regulatory  practices  are  applied  in  the  single  market,  in 
particular  as  regards  measures  falling  within  the  scope  of  Articles  15  or  16  of 

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Directive 2002/21/EC, or Articles 5 or 8 of Directive 2002/19/EC. European electronic 
communications  providers  should  therefore  have  a  right  to  equal  treatment  by  the 
different  Member  States  in  objectively  equivalent  situations  in  order  to  enable  more 
integrated  multi-territorial  operations.  Furthermore, 
there  should  be  specific 
procedures  at  Union  level  for  the  review  of  draft  decisions  on  remedies  within  the 
meaning  of  Article  7a  of  Directive  2002/21/EC  in  such  cases,  in  order  to  avoid 
unjustified  divergences 
to  European  electronic 
in  obligations  applicable 
communications providers in different Member States.  

(16)  An  allocation  of  regulatory  and  supervisory  competences  should  be  established 
between the home and any host Member State of European electronic communications 
providers  with  a  view  to  reducing  the  barriers  to  entry  while  ensuring  that  the 
applicable  conditions  for  the  provision  of  electronic  communications  services  and 
networks  by  these  providers  are  properly  enforced.  Therefore,  while  each  national 
regulatory authority should supervise compliance with the conditions applicable in its 
territory  in  accordance  with  Union  legislation,  including  by  means  of  sanctions  and 
interim  measures,  only  the  national  regulatory  authority  in  the  home  Member  State 
should  be  entitled  to  suspend  or  withdraw  the  rights  of  a  European  electronic 
communications provider to provide electronic communications networks and services 
in the whole Union or part thereof.  

(17)  Radio spectrum is a public good and an essential resource for the internal market for 
mobile, wireless broadband and satellite communications in the Union. Development 
of  wireless  broadband  communications  contributes  to  the  implementation  of  the 
Digital Agenda for Europe and in particular to the aim of securing access to broadband 
at a speed of no less than 30 Mbps by 2020 for all Union citizens and of providing the 
Union  with  the  highest  possible  broadband  speed  and  capacity.  However,  the  Union 
has fallen behind other major global regions - North America, Africa and parts of Asia 
- in terms of the roll-out and penetration of the latest generation of wireless broadband 
technologies that are necessary to achieve those policy  goals. The piecemeal process 
of  authorising  and  making  available  the  800  MHz  band  for  wireless  broadband 
communications,  with  over  half  of  the  Member  States  seeking  a  derogation  or 
otherwise  failing  to  do  so  by  the  deadline  laid  down  in  the  Radio  Spectrum  Policy 
Programme (RSPP) Decision 243/2012 of the European Parliament and the Council,23 
testifies  to  the  urgency  of  action  even  within  the  term  of  the  current  RSPP.  Union 
measures  to  harmonise  the  conditions  of  availability  and  efficient  use  of  radio 
spectrum  for  wireless broadband  communications pursuant to Decision 676/2002/EC 
of the European Parliament and the Council24 have not been sufficient to address this 
problem. 

(18)  The application of various national policies creates inconsistencies and fragmentation 
of  the  internal  market  which  hamper  the  roll-out  of  Union-wide  services  and  the 
completion of the internal market for wireless broadband communications. It could in 
particular  create  unequal  conditions  for  access  to  such  services,  hamper  competition 
between undertakings established in different Member States and stifle investments in 
more advanced networks and technologies and the emergence of innovative services, 

23 

24 

Decision 243/2012/EU of the European Parliament and the Council of 14 March 2012, establishing a 
multiannual radio spectrum policy programme, OJ L 81 of 21.3.2012 
Decision  676/2002/EC  of  the  European  Parliament  and  the  Council  of  7  March 2002  on  a  regulatory 
framework  for  radio  spectrum  policy  in  the  European  Community  (Radio  Spectrum  Decision)  (OJ  L 
108, 24.4.2002, p. 1). 

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thereby  depriving  citizens  and  businesses  of  ubiquitous  integrated  high-quality 
services  and  wireless  broadband  operators  of  increased  efficiency  gains  from  large-
scale  more  integrated  operations.  Therefore,  action  at  Union  level  regarding  certain 
aspects  of  radio  spectrum  assignment  should  accompany  the  development  of  wide 
integrated  coverage  of  advanced  wireless  broadband  communications  services 
throughout  the  Union.  At  the  same  time,  Member  States  should  retain  the  right  to 
adopt  measures  to  organise  their  radio  spectrum  for  public  order,  public  security 
purposes and defence. 

(19)  Electronic communications services providers, including mobile operators or consortia 
of such operators, should be able to collectively organise the efficient and affordable 
coverage of a vast part of the Union's territory to the long-term benefit of end users, 
and  therefore  use  radio  spectrum  across  several  Member  States  with  similar 
conditions,  procedures,  costs,  timing,  duration  in  harmonised  bands,  and  with 
complementary radio spectrum packages, such as a combination of lower and higher 
frequencies  for  coverage  of  densely  and  less  densely  populated  areas.  Initiatives  in 
favour  of  greater  coordination  and  consistency  would  also  enhance  the  predictability 
of  the  network  investment  environment.  Such  predictability  would  also  be  greatly 
favoured by a clear policy in favour of long-term duration of rights of use related to 
radio  spectrum,  without  prejudice  to  the  indefinite  character  of  such  rights  in  some 
Member  States,  and  linked  in  its  turn  to  clear  conditions  for  the  transfer,  lease  or 
sharing of part of all of the radio spectrum subject to such an individual right of use. 

(20)  Coordination and consistency of rights of use for radio spectrum should be improved, 
at  least  for  the  bands  which  have  been  harmonised  for  wireless  fixed,  nomadic  and 
mobile broadband communications. This includes the bands identified at ITU level for 
International Mobile Telecommunications (IMT) Advanced systems, as well as bands 
used for radio local area networks (RLAN) such as 2.4 GHz and 5 GHz. It should also 
extend  to  bands  that  may  be  harmonised  in  the  future  for  wireless  broadband 
communications, as envisaged in Article 3(b) of the RSPP and in the RSPG Opinion 
on  "Strategic  challenges  facing  Europe  in  addressing  the  growing  radio  spectrum 
demand for wireless broadband" adopted on 13 June 2013, such as, in the near future, 
the 700 MHz, 1.5 GHz and 3.8-4.2 GHz bands. 

(21)  Consistency  between  the  different  national  radio  spectrum  assignment  procedures 
would be favoured by more explicit provisions on the criteria relevant to the timing of 
authorisation procedures; the duration for which the rights of use are granted, fees and 
their payment modalities; capacity and coverage obligations; definition of the range of 
radio  spectrum  and  spectrum  blocks  subject  to  a  granting  procedure;  objective 
threshold requirements for the promotion of effective competition; conditions for the 
tradability of rights of use, including sharing conditions. 

(22)  Limitation  of  the  burden  of  fees  to  what  is  required  by  optimal  radio  spectrum 
management,  with  a  balance  between  immediate  payments  and  periodic  fees,  would 
encourage  investment  in  infrastructure  and  technology  roll-out,  and  pass-on  of  the 
attendant cost advantages to end users. 

(23)  More synchronised radio spectrum assignments and consequential wireless broadband 
roll-out  across  the  Union  should  support  the  achievement  of  scale  effects  in  related 
industries such as for network equipment and terminal devices. Such industries could 
in turn take into account Union initiatives and policies regarding radio spectrum use, 
to a greater extent than has recently been the case. A harmonisation procedure for the 

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timetables for assignment and minimum or common duration of rights of use in such 
bands should therefore be established. 

(24)  As regards the other  main substantive  conditions which may be attached to rights of 
use of radio spectrum for wireless broadband, the convergent application by individual 
Member  States  of  the  regulatory  principles  and  criteria  set  down  in  this  Regulation 
would  be  favoured  by  a  coordination  mechanism  whereby  the  Commission  and  the 
competent authorities of the other Member States have an opportunity to comment in 
advance  of  the  granting  of  rights  of  use  by  a  given  Member  State  and  whereby  the 
Commission has an opportunity, taking into account the views of the Member States, 
to  forestall  implementation  of  any  proposal  which  appears  to  be  non-compliant  with 
Union law. 

(25)  Considering  the  massive  growth  in  radio  spectrum  demand  for  wireless  broadband, 
solutions  for  alternative  spectrally  efficient  access  to  wireless  broadband  should  be 
promoted. This includes the use  of low-power wireless  access systems  with  a  small-
area operating range such as so called 'hotspots' of radio local area networks (RLAN, 
also  known  as  'Wi-Fi'),  as  well  as  networks  of  low-power  small  size  cellular  access 
points (also called femto-, pico- or metrocells). 

(26)  Complementary  wireless  access  systems  such  as  RLAN,  in  particular  publicly 
accessible RLAN access points, increasingly allow access to the internet for end users 
and  allow  mobile  traffic  off-loading  by  mobile  operators,  using  harmonised  radio 
spectrum resources without requiring an individual authorisation or right of use of the 
radio spectrum. 

(27)  Most RLAN access points are so far used by private users as a local wireless extension 
of  their  fixed  broadband  connection.  If  end  users,  within  the  limits  of  their  own 
internet  subscription,  choose  to  share  access  to  their  RLAN  with  others,  the 
availability of a large number of such access points, particularly in densely populated 
areas,  should  maximise  wireless  data  capacity  through  radio  spectrum  re-use  and 
create a cost-effective complementary wireless broadband infrastructure accessible to 
other  end  users.  Therefore,  unnecessary  restrictions  for  end  users  to  share  access  to 
their  own  RLAN  access  points  with  other  end  users  or  to  connect  to  such  access 
points, should be removed or prevented. 

(28) 

In  addition,  unnecessary  restrictions  to  the  deployment  and  interlinkage  of  RLAN 
access  points  should  also  be  removed.  Public  authorities  or  providers  of  public 
services  increasingly  use  RLAN  access  points  in  their  premises  for  their  own 
purposes, for example for use by their personnel, to better facilitate cost-effective on-
site  access  by  citizens  to  e-Government  services,  or  to  support  provision  of  smart 
public  services  with  real-time  information,  such  as  for  public  transport  or  traffic 
management. Such bodies could also provide access to such access points for citizens 
in  general  as  an  ancillary  service  to  services  offered  to  the  public  on  such  premises, 
and  should  be  enabled  to  do  so  in  conformity  with  competition  and  public 
procurement rules. The making available of local access to electronic communications 
networks within or around a private property or a limited public area as an ancillary 
service  to  another  activity  that  is  not  dependant  on  such  an  access,  such  as  RLAN 
hotspots made available to customers of other commercial activities or to the general 
public in that area, should not qualify such a provider as an electronic communications 
provider.  

(29)  Low  power  small-area  wireless  access  points  are  very  small  and  unobtrusive 
equipment  similar  to  domestic  Wi-Fi  routers,  for  which  technical  characteristics 

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should  be  specified  at  Union  level  for  their  deployment  and  use  in  different  local 
contexts  subject  to  general  authorisation,  without  undue  restrictions  from  individual 
planning  or  other  permits.  The  proportionality  of  measures  specifying  the  technical 
characteristics  for  such  use  to  benefit  from  general  authorisation  should  be  ensured 
through  characteristics  which  are  significantly  more  restrictive  than  the  applicable 
maximum thresholds in Union measures regarding parameters such as power output.  

(30)  Member States should ensure that the management of radio spectrum at national level 
does not prevent other Member States from using the radio spectrum to which they are 
entitled, or from complying with their obligations as regards bands for which the use is 
harmonised  at  Union  level.  Building  on  the  existing  activities  of  the  RSPG,  a 
coordination mechanism is necessary to ensure that each Member State has equitable 
access  to  radio  spectrum  and  that  the  outcomes  of  coordination  are  consistent  and 
enforceable. 

(31)  Experience in the implementation of the Union's regulatory framework indicates that 
existing  provisions  requiring  the  consistent  application  of  regulatory  measures 
together with the goal of contributing to the development of the internal market have 
not created sufficient incentives to design access products on the basis of harmonised 
standards and processes, in particular in relation to fixed networks. When operating in 
different Member States, operators have difficulties in finding access inputs with the 
right  quality  and  network  and  service  interoperability  levels,  and  when  they  are 
available,  such  inputs  exhibit  different  technical  features.  This  increases  costs  and 
constitutes an obstacle to the provision of services across national borders.  

(32)  The  integration  of  the  single  market  for  electronic  communications  would  be 
accelerated  through  establishment  of  a  framework  to  define  certain  key  European 
virtual  products,  which  are  particularly  important  for  providers  of  electronic 
communication  services  to  provide  cross-border  services  and  to  adopt  a  pan-Union 
strategy in an increasingly all-IP environment, based on key parameters and minimum 
characteristics.  

(33)  The  operational  needs  served  by  various  virtual  products  should  be  addressed. 
European  virtual  broadband  access  products  should  be  available  in  cases  where  an 
operator  with  significant  market  power  has  been  required  under  the  terms  of  the 
Framework Directive and the Access Directive to provide access on regulated terms at 
a  specific  access  point  in  its  network.  First,  efficient  cross-border  entry  should  be 
facilitated  by  harmonised  products  that  enable  initial  provision  by  cross-border 
providers of services to their end customers without delay and with a predictable and 
sufficient  quality,  including  services  to  business  customers  with  multiple  sites  in 
different Member States, where this would be necessary and proportionate pursuant to 
market analysis. These harmonised products should be available for a sufficient period 
in  order  to  allow  access  seekers  and  providers  to  plan  medium  and  long  term 
investments.  

(34)  Secondly,  sophisticated  virtual  access  products  that  require  a  higher  level  of 
investment  by  access  seekers  and  allow  them  a  greater  level  of  control  and 
differentiation,  particularly  by  providing  access  at  a  more  local  level,  are  key  to 
creating the conditions for sustainable competition across the internal market. Hence, 
these key wholesale access products to next-generation access (NGA) networks should 
also  be  harmonised  to  facilitate  cross-border  investment.  Such  virtual  broadband 
access  products  should  be  designed  to  have  equivalent  functionalities  to  physical 
unbundling, in order to broaden the range of potential wholesale remedies available for 

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consideration  by  national  regulatory  authorities  under  the  proportionality  assessment 
pursuant to Directive 2002/19/EC. 

(35)  Thirdly, it is also necessary to harmonise a wholesale access product for terminating 
segments  of  leased  lines  with  enhanced  interfaces,  in  order  to  enable  cross-border 
provision  of  mission-critical  connectivity  services  for  the  most  demanding  business 
users. 

(36) 

In  a  context  of  progressive  migration  to  'all  IP  networks',  the  lack  of  availability  of 
connectivity  products  based  on  the  IP  protocol  for  different  classes  of  services  with 
assured service quality that enable communication paths across network domains and 
across  network  borders,  both  within  and  between  Member  States,  hinders  the 
development  of  applications  that  rely  on  access  to  other  networks,  thus  limiting 
technological  innovation.  Moreover,  this  situation  prevents  the  diffusion  on  a  wider 
scale  of  efficiencies  which  are  associated  with  the  management  and  provision  of  IP-
based  networks  and  connectivity  products  with  an  assured  service  quality  level,  in 
particular  enhanced  security,  reliability  and  flexibility,  cost-effectiveness  and  faster 
provisioning,  which  benefit  network  operators,  service  providers  and  end  users.  A 
harmonised  approach  to  the  design  and  availability  of  these  products  is  therefore 
necessary,  on  reasonable  terms  including,  where  requested,  the  possibility  of  cross-
supply by the electronic communications undertakings concerned.  

(37)  The  establishment  of  European  virtual  broadband  access  products  under  this 
Regulation should be reflected in the assessment by national regulatory authorities of 
the  most  appropriate  access  remedies  to  the  networks  of  operators  designated  as 
having  significant  market  power,  while  avoiding  over-regulation  through  the 
unnecessary multiplication of wholesale access products, whether imposed pursuant to 
market analysis or provided under other conditions. In particular, the introduction of 
the European virtual access products should not, in and of itself, lead to an increase in 
the number of regulated access products imposed on a given operator. Moreover, the 
need for national regulatory authorities, following the adoption of this Regulation, to 
assess  whether  a  European  virtual  broadband  access  product  should  be  imposed 
instead  of  existing  wholesale  access  remedies,  and  to  assess  the  appropriateness  of 
imposing a European virtual broadband access product in the context of future market 
reviews  where 
their 
responsibility to identify the most appropriate and proportionate remedy to address the 
identified  competition  problem 
in  accordance  with  Article  16  of  Directive 
2002/21/EC. 

they  find  significant  market  power,  should  not  affect 

(38) 

In  the  interests  of  regulatory  predictability,  key  elements  of  evolving  decisional 
practice  under  the  current  legal  framework  which  affect  the  conditions  under  which 
wholesale access products, including European virtual broadband access products, are 
made  available  for  NGA  networks,  should  also  be  reflected  in  the  legislation.  These 
should  include  provisions  reflecting  the  importance,  for  the  analysis  of  wholesale 
access markets and in particular of whether there is a need for price controls on such 
access  to  NGA  networks,  of  the  relationship  between  competitive  constraints  from 
alternative 
infrastructures,  effective  guarantees  of  non-
discriminatory access, and the existing level of competition in terms of price, choice 
and quality at retail level. The latter consideration ultimately determines the benefits to 
end  users.  For  example,  in  the  conduct  of  their  case-by-case  assessment  pursuant  to 
Article  16  of  Directive  2002/21/EC  and  without  prejudice  to  the  assessment  of 
significant  market  power  and  the  application  of  EU  competition  rules,  national 
regulatory authorities may consider that in the presence of two fixed NGA networks, 

fixed  and  wireless 

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(39) 

market conditions are competitive enough to be able to drive network upgrades and to 
evolve towards the provision of ultra-fast services, which is one important parameter 
of retail competition.  

It  is  to  be  expected  that  intensified  competition  in  a  single  market  will  lead  to  a 
reduction over time in sector-specific regulation based on market analysis. Indeed, one 
of the  results of completing the Single  Market should be a greater tendency  towards 
effective competition on relevant markets, with ex post application of competition law 
increasingly being seen as sufficient to ensure market functioning. In order to ensure 
legal  clarity  and  predictability  of  regulatory  approaches  across  borders,  clear  and 
binding  criteria  should  be  provided  on  how  to  assess  whether  a  given  market  still 
justifies the imposition of ex-ante regulatory obligations, by reference to the durability 
of  bottlenecks  and  the  prospects  of  competition,  in  particular  infrastructure-based 
competition,  and  the  conditions  of  competition  at  retail  level  on  parameters  such  as 
price, choice and quality, which are ultimately what is relevant to end users and to the 
global competitiveness of the EU economy. This should underpin successive reviews 
of the list of markets susceptible to ex ante regulation and help national regulators to 
focus their efforts where competition is not yet effective and to do so in a convergent 
manner. The establishment of a true single market for electronic communications may 
in addition affect the geographical scope of markets, for the purposes of both sector-
specific regulation based on competition principles and the application of competition 
law itself.  

(40)  Disparities in the national implementation of sector-specific end-user protection rules 
create  significant  barriers  to  the  single  digital  market,  in  particular  in  the  form  of 
increased  compliance  costs  for  providers  of  electronic  communications  to  the  public 
wishing  to  offer  services  across  Member  States.  Moreover,  fragmentation  and 
uncertainty as to the level of protection granted in different Member States undermines 
end-users'  trust  and  dissuades  them  from  purchasing  electronic  communications 
services  abroad.  In  order  to  achieve  the  Union's  objective  to  remove  barriers  to  the 
internal  market  it  is  necessary  to  replace  existing,  divergent  national  legal  measures 
with  a  single  and  fully  harmonised  set  of  sector-specific  rules  which  create  a  high 
common level of end-user protection. Such full harmonisation of the legal provisions 
should not prevent providers of electronic communications to the public from offering 
end-users contractual arrangements which go beyond that level of protection. 

(41)  As this Regulation harmonises only certain sector-specific rules, it should be without 
prejudice  to  the  general  consumer  protection  rules,  as  established  by  Union  acts  and 
national legislation implementing them. 

(42)  Where the provisions in Chapters 4 and 5 of this Regulation refer to end-users, such 
provisions  should  apply  not  only  to  consumers  but  also  to  other  categories  of  end-
users,  primarily  micro  enterprises.  At  their  individual  request,  end-users  other  than 
consumers  should  be  able  to  agree,  by  individual  contract,  to  deviate  from  certain 
provisions. 

(43)  The completion of the single market for electronic communications also requires the 
removal of barriers for end-users to have access to electronic communications services 
across the Union. Public authorities should therefore not raise or maintain obstacles to 
the cross-border purchase of such services. Providers of electronic communications to 
the public should not deny or restrict access or discriminate against end-users on the 
basis  of  their  nationality  or  Member  State  of  residence.  Differentiation  should, 

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however, be possible on the basis of objectively justifiable differences in costs, risks 
and market conditions such as demand variations and pricing by competitors.  

(44)  Very  significant  price  differences  continue  to  prevail,  both  for  fixed  and  mobile 
communications,  between  domestic  voice  and  SMS  communications  and  those 
terminating  in  another  Member  State.  While  there  are  substantial  variations  between 
countries,  operators  and  tariff  packages,  and  between  mobile  and  fixed  services,  this 
continues to affect more vulnerable customer groups and to pose barriers to seamless 
communication within the Union. This occurs in spite of a very significant reduction, 
and  convergence  in  absolute  terms,  of  termination  rates  in  the  different  Member 
States,  and  low  prices  on  transit  markets.  Moreover,  the  transition  to  an  "all-IP" 
electronic  communications  environment  should  in  due  course  bring  additional  cost 
reductions.  Any  significant  retail  tariff  differences  between  domestic  fixed  long-
distance communications which are communications other than those within one local 
area  identified  by  a  geographic  area  code  in  the  national  numbering  plan,  and  fixed 
communications terminating in another Member State, should therefore be justified by 
reference  to  objective  criteria.  Retail  tariffs  for  international  mobile  communications 
should not exceed the euro-voice and euro-SMS tariffs for regulated roaming calls and 
SMS  messages,  respectively,  provided  for  in  Regulation  (EU)  No  531/2012  unless 
justified by reference to objective criteria. Such criteria may include additional costs 
and  a  reasonable  related  margin.  Other  objective  factors  may  include  differences  in 
related  price  elasticity  and  the  easy  availability  to  all  end  users  of  alternative  tariffs 
from  providers  of  electronic  communications  to  the  public  which  offer  cross-border 
communications within the Union at little or no extra charge, or of information society 
services with comparable functionalities, provided that end users are actively informed 
of such alternatives by their providers.  

(45)  The internet has developed over the past decades as an open platform for innovation 
with low access barriers for end-users, content and application providers and internet 
service providers. The existing regulatory framework aims at promoting the ability of 
end-users to access and distribute information or run applications and services of their 
choice.  Recently,  however,  the  report  of  the  Body  of  European  Regulators  for 
Electronic  Communications  (BEREC)  on  traffic  management  practices  published  in 
May  2012  and  a  study,  commissioned  by  the  Executive  Agency  for  Consumers  and 
Health and published in December 2012, on the functioning of the market of internet 
access and provision from a consumer perspective, showed that a significant number 
of end-users are affected by traffic management practices which block or slow down 
specific  applications.  These  tendencies  require  clear  rules  at  the  Union  level  to 
maintain  the  open  internet  and  to  avoid  fragmentation  of  the  single  market  resulting 
from individual Member States' measures. 

(46)  The freedom of end-users to access and distribute information and lawful content, run 
applications  and  use  services  of  their  choice  is  subject  to  the  respect  of  Union  and 
compatible national law. This Regulation defines the limits for any restrictions to this 
freedom  by  providers  of  electronic  communications  to  the  public  but  is  without 
prejudice  to  other  Union  legislation,  including  copyright  rules  and  Directive 
2000/31/EC.  

(47) 

In  an  open  internet,  providers  of  electronic  communications  to  the  public  should, 
within  contractually  agreed  limits  on  data  volumes  and  speeds  for  internet  access 
services,  not  block,  slow  down,  degrade  or  discriminate  against  specific  content, 
applications  or  services  or  specific  classes  thereof  except  for  a  limited  number  of 
reasonable  traffic  management  measures.  Such  measures  should  be  transparent, 

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proportionate  and  non-discriminatory.  Reasonable  traffic  management  encompasses 
prevention or impediment of serious crimes, including voluntary actions of providers 
to prevent access to and distribution of child pornography. Minimising the effects of 
network congestion should be considered reasonable provided that network congestion 
occurs only temporarily or in exceptional circumstances. 

(48)  Volume-based  tariffs  should  be  considered  compatible  with  the  principle  of  an  open 
internet  as  long  as  they  allow  end-users  to  choose  the  tariff  corresponding  to  their 
normal  data  consumption  based  on  transparent  information  about  the  conditions  and 
implications of such choice. At the same time, such tariffs should enable providers of 
electronic communications to the public to better adapt network capacities to expected 
data volumes. It is essential that end-users are fully informed before agreeing to any 
data volume or speed limitations and the tariffs applicable, that they can continuously 
monitor their consumption and easily acquire extensions of the available data volumes 
if desired.  

(49)  There  is  also  end-user  demand  for  services  and  applications  requiring  an  enhanced 
level of assured service quality offered by providers of electronic communications to 
the  public  or  by  content,  applications  or  service  providers.  Such  services  may 
comprise inter alia broadcasting via Internet Protocol (IP-TV), video-conferencing and 
certain  health  applications.  End-users  should  therefore  also  be  free  to  conclude 
agreements  on  the  provision  of  specialised  services  with  an  enhanced  quality  of 
service with either providers of electronic communications to the public or providers 
of content, applications or services. 

(50) 

In addition, there is demand on the part of content, applications and services providers, 
for  the  provision  of  transmission  services  based  on  flexible  quality  parameters, 
including lower levels of priority for traffic which is not time-sensitive. The possibility 
for  content,  applications  and  service  providers  to  negotiate  such  flexible  quality  of 
service levels with providers of electronic communications to the public is necessary 
for the  provision of  specialised services and is expected to play an important role in 
the  development  of  new 
(M2M) 
communications.  At  the  same  time  such  arrangements  should  allow  providers  of 
electronic communications to the public to better balance traffic and prevent network 
congestion. Providers of content, applications and services and providers of electronic 
communications to the public should therefore be free to conclude specialised services 
agreements on defined levels of quality of service as long as such agreements do not 
substantially impair the general quality of internet access services.  

such  as  machine-to-machine 

services 

(51)  National  regulatory  authorities  play  an  essential  role  in  ensuring  that  end-users  are 
effectively able to exercise this freedom to avail of open internet access. To this end 
national regulatory authorities should have monitoring and reporting obligations, and 
ensure  compliance  of  providers  of  electronic  communications  to  the  public  and  the 
availability  of  non-discriminatory  internet  access  services  of  high  quality  which  are 
not  impaired  by  specialised  services.  In  their  assessment  of  a  possible  general 
impairment  of  internet  access  services,  national  regulatory  authorities  should  take 
account of quality parameters such as timing and reliability parameters (latency, jitter, 
packet loss), levels and effects of congestion in the network, actual versus advertised 
speeds,  performance  of  internet  access  services  compared  with  specialised  services, 
and  quality  as  perceived  by  end-users.  National  regulatory  authorities  should  be 
empowered  to  impose  minimum  quality  of  service  requirements  on  all  or  individual 
providers  of  electronic  communications  to  the  public  if  this  is  necessary  to  prevent 
general impairment/degradation of the quality of service of internet access services.  

EN 

25 

   EN 

(52)  The measures to ensure better transparency and comparability of prices, tariffs, terms 
and  conditions,  and  quality  of  service  parameters  including  those  specific  to  the 
provision  of  internet  access  services,  should  increase  the  ability  of  end-users  to 
optimise their selection of providers and thus benefit fully from competition. 

(53)  End-users should be adequately informed of the price and the type of service offered 
before they purchase a service. This information should also be provided immediately 
prior to connection of the call when a call to a specific number or service is subject to 
particular  pricing  conditions,  such  as  calls  to  premium  rate  services  which  are  often 
subject to a special rate. Where such an obligation is disproportionate in view of the 
duration  and  cost  of  the  tariff  information  for  the  service  provider  compared  to  the 
average  call  duration  and  the  cost  risk  to  which  the  end-user  is  exposed,  national 
regulatory authorities may grant a derogation. End-users should also be informed if a 
free-phone number is subject to additional charges.  

(54)  Providers  of  electronic  communications  to  the  public  should  inform  end-users 
adequately inter alia on their services and tariffs, quality of service parameters, access 
to  emergency  services  and  any  limitation,  and  the  choice  of  services  and  products 
designed for disabled consumers. This information should be provided in a clear and 
transparent  manner  and  be  specific  to  the  Member  States  where  the  services  are 
provided, and in the event of any change, be updated. Providers should be exempted 
from  such  information  requirements  as  regards  those  offers  which  are  individually 
negotiated. 

(55)  Availability of comparable information on products and services is paramount to the 
ability  of  end-users  to  make  an  independent  evaluation  of  offers.  Experience  shows 
that availability of reliable and comparable information increases end-user confidence 
in the use of services and enhances the willingness to exercise their choice.  

(56)  Contracts are an important means of giving end-users a high level of transparency of 
information and legal certainty. Providers of electronic communications to the public 
should give end-users clear and comprehensible information on all essential elements 
of the contract before the end-user is bound by the contract. The information should be 
mandatory and not be altered except by subsequent agreement of the end-user and the 
provider.  The  Commission  and  several  national  regulatory  authorities  recently  found 
considerable  discrepancies  between  the  advertised  speed  of  internet  access  services 
and the speed actually available to end-users. Providers of electronic communications 
to the public should therefore inform end-users, prior to the conclusion of the contract, 
of  the  speed  and  other  quality  of  service  parameters  which  they  can  realistically 
deliver at the end-user's main location.  

(57)  With respect to terminal equipment, contracts should specify any restrictions imposed 
by  the  provider  on  the  use  of  the  equipment,  for  example  by  way  of  ‘SIM-locking’ 
mobile devices, and any charges due on termination of the contract prior to the agreed 
expiry date. No charges should be due after expiry of the agreed contract duration. 

(58) 

In  order  to  avoid  bill  shocks,  end-users  should  be  able  to  define  maximum  financial 
limits for the charges related to their usage of calls and internet access services. This 
facility should be available free of charge, with an appropriate notification that can be 
consulted again subsequently, when the limit is being approached. Upon reaching the 
maximum  limit,  end-users  should  no  longer  receive  or  be  charged  for  those  services 
unless they specifically request the continued provision as agreed with the provider. 

EN 

26 

   EN 

(59)  Experience  from  Member  States  and  from  a  recent  study  commissioned  by  the 
Executive Agency for Consumers and Health has shown that long contract periods and 
automatic or tacit extensions of contracts constitute significant obstacles to changing a 
provider.  It  is  thus  desirable  that  end-users  should  be  able  to  terminate,  without 
incurring  any  costs,  a  contract  six  months  after  its  conclusion.  In  such  a  case,  end-
users  may  be  requested  to  compensate  their  providers  for  the  residual  value  of 
subsidised  terminal  equipment  or  for  the  pro  rata  temporis  value  of  any  other 
promotions.  Contracts  which  have  been  tacitly  extended  should  be  subject  to 
termination with a one-month notice period.  

(60)  Any  significant  changes  to  the  contractual  conditions  imposed  by  providers  of 
electronic communications services to the public to the detriment of the end-user, for 
example in relation to charges, tariffs, data volume limitations, data speeds, coverage, 
or the processing of personal data, should be considered as giving rise to the right of 
the end-user to terminate the contract without incurring any costs. 

(61)  Bundles  comprising  electronic  communications  and  other  services  such  as  linear 
broadcasting  have  become  increasingly  widespread  and  are  an  important  element  of 
competition. Where divergent contractual rules on contract termination and switching 
apply  to  the  different  services  composing  such  bundles,  end-users  are  effectively 
prevented from switching to competitive offers for the entire bundle or parts of it. The 
provisions  of  this  Regulation  regarding  contract  termination  and  switching  should, 
therefore, apply to all elements of such a bundle. 

(62) 

(63) 

In  order  to  take  full  advantage  of  the  competitive  environment,  end-users  should  be 
able to make informed choices and switch providers when it is in their interests. End-
users should therefore be able to switch without being hindered by legal, technical or 
procedural obstacles, including contractual conditions and charges. Number portability 
is  a  key  facilitator  of  consumer  choice  and  effective  competition.  It  should  be 
implemented  within  a  minimum  delay  so  that  the  number  is  effectively  activated 
within one working day of concluding an agreement to port a number. Settlement of 
outstanding bills should not be a condition for execution of a porting request.  

In  order  to  support  the  provision  of  one-stop-shops  and  to  facilitate  a  seamless 
switching  experience  for  end-users,  the  switching  process  should  be  led  by  the 
receiving  provider  of  electronic  communications  to  the  public.  The  transferring 
provider  of  electronic  communications  to  the  public  should  not  delay  or  hamper  the 
switching  process.  Automated  processes  should  be  used  as  widely  as  possible  and  a 
high level of protection of personal data should be ensured. Availability of transparent, 
accurate  and  timely  information  on  switching  should  increase  the  end-users' 
confidence  in  switching  and  make  them  more  willing  to  engage  actively  in  the 
competitive process. 

(64)  Contracts  with  transferring  providers  of  electronic  communications  to  the  public 
should  be  cancelled  automatically  after  switching  without  any  additional  steps  being 
required from end-users. In the case of pre-paid services any credit balance which has 
not been spent should be refunded to the switching consumer. 

(65)  End-users need to experience continuity when changing important identifiers such as 
email  addresses.  To  this  end,  and  to  ensure  that  email  communications  are  not  lost, 
end-users  should  be  given  the  opportunity  to  opt,  free  of  charge,  for  an  email 
forwarding facility offered by the transferring internet access service provider in cases 
where the end-user has an email address provided by the transferring provider.  

EN 

27 

   EN 

(66)  Competent national authorities may prescribe the global processes of porting numbers 
and switching, taking into account technological development and the need to ensure a 
swift,  efficient  and  consumer-friendly  switching  process.  Competent  national 
authorities  should  be  able  to  impose  proportionate  measures  to  protect  end-users 
adequately  throughout  the  switching  process  including  appropriate  sanctions  that  are 
necessary  to  minimise  risks  of  abuse  or  delays  and  of  end-users  being  switched  to 
another provider  without their consent. They should also be able to set an automatic 
compensation mechanism for end-users in such instances. 

(67)  National regulatory authorities should be able to take effective action to monitor and 
secure  compliance  with  the  provisions  of  this  Regulation,  including  the  power  to 
impose  effective  financial  or  administrative  penalties  in  the  event  of  any  breach 
thereof.  

(68) 

In order to take account of market and technical developments, the power to adopt acts 
in  accordance  with  Article  290  of  the  Treaty  on  the  Functioning  of  the  European 
Union should be delegated to the Commission in respect of adapting the Annexes. It is 
of  particular  importance  that  the  Commission  carry  out  appropriate  consultations 
during  its  preparatory  work,  including  at  expert  level.  The  Commission,  when 
preparing  and  drawing-up  delegated  acts,  should  ensure  a  simultaneous,  timely  and 
appropriate transmission of relevant documents to the European Parliament and to the 
Council. 

(69) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing powers should be conferred on the Commission as regards the decision 
requiring Member States to adapt their plans for compliance with a common timetable 
for granting rights of use and allowing actual use.  

(70)  The  implementing  powers  relating  to  the  harmonisation  and  coordination  of 
authorisation  of  radio  spectrum,  characteristics  of  small-area  wireless  access  points, 
coordination  between  Member  States  regarding  allocation  of  radio  spectrum,  more 
detailed  technical  and  methodological  rules  concerning  European  virtual  access 
products and the safeguarding of internet access and of reasonable traffic management 
and  quality  of  service,  should  be  exercised  in  accordance  with  Regulation  (EU) 
No182/2011 of the European Parliament and of the Council.25 

(71) 

In  order  to  ensure  consistency  between  the  objective  and  the  measures  needed  to 
complete the single market for electronic communications pursuant to this Regulation 
and  some  specific  existing  legislative  provisions  and  to  reflect  key  elements  of 
evolving  decisional  practice,  Directive  2002/21/EC,  the  Directives  2002/20/EC  and 
2002/22/EC  and  Regulation  No  531/2012  should  be  amended.  This  includes  making 
provision  for  Directive  2002/21/EC  and  the  related  Directives  to  be  read  in 
conjunction  with  this  Regulation,  the  introduction  of  strengthened  powers  of  the 
Commission  in  order  to  ensure  consistency  of  remedies  imposed  on  European 
electronic communications providers having significant market power in the context of 
the  European  consultation  mechanism,  harmonisation  of  the  criteria  adopted  in 
assessing the definition and competitiveness of relevant markets, the adaptation of the 
notification system under Directive 2002/20/EC in view of the single EU authorisation 
as  well  as  the  repeal  of  provisions  on  minimum  harmonisation  of  end-users  rights 

25 

Regulation (EU) No 182/2011 of the European Parliament and of the Council laying down the rules and 
general  principles  concerning  mechanisms  for  control  by  the  Member  States  of  the  Commission's 
exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 

EN 

28 

   EN 

                                                 
provided in Directive 2002/22/EC made redundant by the full harmonisation provided 
in this Regulation.  

(72)  The mobile communications market remains fragmented in the Union, with no mobile 
network  covering  all  Member  States.  As  a  consequence,  in  order  to  provide  mobile 
communications  services  to  their  domestic  customers  travelling  within  the  Union, 
roaming  providers  have  to  purchase  wholesale  roaming  services  from  operators  in  a 
visited Member State. These wholesale charges constitute an important impediment to 
providing roaming services at price levels corresponding to domestic mobile services. 
Therefore  further  measures  should  be  adopted  to  facilitate  lowering  these  charges. 
Commercial or technical agreements among roaming providers which allow a virtual 
extension  of  their  network  coverage  across  the  Union  provide  a  means  to  internalise 
wholesale costs. To provide appropriate incentives, certain regulatory obligations laid 
down in Regulation (EC) No 531/2012 of the European Parliament and the Council26 
should be adapted. In particular, when roaming providers, through their own networks 
or through bilateral or multilateral roaming agreements ensure that all customers in the 
Union  are  offered  by  default  roaming  tariffs  at  the  level  of  domestic  tariffs,  the 
obligation of domestic providers to enable their customers to access voice, SMS and 
data  roaming  services  of  any  alternative  roaming  provider  should  not  apply  to  such 
providers, subject to a transitional period where such access has already been granted.  

(73)  Bilateral  or  multilateral    roaming  agreements  can  allow  a  mobile  operator  to  treat 
roaming  by  its  domestic  customers  on  the  networks  of  partners  as  being  to  a 
significant  degree  equivalent  to  providing  services  to  such  customers  on  its  own 
networks,  with  consequential  effects  on  its  retail  pricing  for  such  virtual  on-net 
coverage across the Union. Such an arrangement at the wholesale level could allow the 
development of new roaming products and therefore increase choice and competition 
at retail level.  

(74)  The  Digital  Agenda  for  Europe  and  Regulation  No  531/2012  establish  the  policy 
objective  that  the  difference  between  roaming  and  domestic  tariffs  should  approach 
zero.  In  practical  terms,  this  requires  that  consumers  falling  into  any  of  the  broad 
observable  categories  of  domestic  consumption,  identified  by  reference  to  a  party's 
various  domestic  retail  packages,  should  be in  a  position  to  confidently  replicate  the 
typical domestic consumption  pattern  associated with their respective domestic retail 
packages  while  periodically  travelling  within  the  Union,  without  additional  costs  to 
those  incurred  in  a  domestic  setting.  Such  broad  categories  may  be  identified  from 
current  commercial  practice  by  reference,  for  example,  to  the  differentiation  in 
domestic  retail  packages  between  pre-paid  and  post-paid  customers;  GSM-only 
packages  (i.e.  voice,  SMS);  packages  adapted  for  different  volumes  of  consumption; 
packages for business and consumer use respectively; retail packages with prices per 
unit  consumed  and  those  which  provide  "buckets"  of  units  (e.g.  voice  minutes, 
megabytes  of  data)  for  a  standard  fee,  irrespective  of  actual  consumption.  The 
diversity of retail tariff plans and packages available to customers in domestic mobile 
markets  across  the  Union  accommodates  varying  user  demands  associated  with  a 
competitive market. That flexibility in domestic markets should also be reflected in the 
intra-Union  roaming  environment,  while  bearing  in  mind  that  the  need  of  roaming 
providers  for  wholesale  inputs  from  independent  network  operators  in  different 

26 

Regulation (EU) No 531/2012 of the European Parliament and the Council of 13 June 2012 on roaming 
on public mobile communications networks within the Union (OJ L 172, 30.6.2012, p. 10). 

EN 

29 

   EN 

                                                 
Member States may still justify the imposition of limits by reference to reasonable use 
if domestic tariffs are applied to such roaming consumption.  

(75)  While it is in the first place for roaming providers to assess themselves the reasonable 
character  of  the  volumes  of  roaming  voice  calls,  SMS  and  data  to  be  covered  at 
domestic  rates  under  their  various  retail  packages,  national  regulatory  authorities 
should  supervise  the  application  by  roaming  providers  of  such  reasonable  use  limits 
and  ensure  that  they  are  specifically  defined  by  reference  to  detailed  quantified 
information in the contracts in terms which are clear and transparent to customers. In 
so  doing,  national  regulatory  authorities  should  take  utmost  account  of  relevant 
guidance from BEREC. In its guidance, BEREC should identify various usage patterns 
substantiated by the underlying voice, data and SMS usage trends at the Union level, 
and the evolution of expectations as regards in particular wireless data consumption.  

(76) 

(77) 

In addition, the significant reduction in mobile termination rates throughout the Union 
in the recent past should now allow the elimination of additional roaming charges for 
incoming calls. 

In  order  to  provide  stability  and  strategic  leadership  to  BEREC  activities,  BEREC 
Board of Regulators should be represented by a full-time Chairperson appointed by the 
Board  of  Regulators,  on  the  basis  of  merit,  skills,  knowledge  of  electronic 
communication  market  participants  and  markets,  and  of  experience  relevant  to 
supervision  and  regulation,  following  an  open  selection  procedure  organised  and 
managed by the Board of Regulators assisted by the Commission. For the designation 
of the first Chairperson of the Board of Regulators, the Commission should, inter alia, 
draw up a shortlist of candidates on the basis of merit, skills, knowledge of electronic 
communication  market  participants  and  markets,  and  of  experience  relevant  to 
supervision and regulation. For the subsequent designations, the opportunity of having 
a  shortlist  drawn  up  by  the  Commission  should  be  reviewed  in  a  report  to  be 
established  pursuant  to  this  Regulation.  The  Office  of  BEREC  should  therefore 
comprise the Chairperson of the Board of Regulators, a Management Committee and 
an Administrative Manager.  

(78)  Directives  2002/20/EC,  2002/21/EC  and  2002/22/EC  and  Regulations  (EC)  No 

1211/2009 and (EU) No 531/2012 should therefore be amended accordingly. 

(79)  The  Commission  may  always  seek  BEREC's  opinion  in  accordance  with  Regulation 
(EC)  No  1211/2009,  when  it  considers  it  necessary  for  the  implementation  of  the 
provisions of this Regulation.  

(80)  This  Regulation  respects  fundamental  rights  and  observes  the  rights  and  principles 
enshrined  in  the  Charter  of  Fundamental  Rights  of  the  European  Union,  notably 
Article  8  (the  protection  of  personal  data),  Article  11  (freedom  of  expression  and 
information),  Article  16  (freedom  to  conduct  a  business),  Article  21  (non-
discrimination) and Article 38 (consumer protection). 

(81)  Since the objective of this Regulation, namely to establishes the regulatory principles 
and  detailed  rules  necessary  to  complete  a  European  single  market  for  electronic 
communications,  cannot  be  sufficiently  achieved  by  the  Member  States  and  can 
therefore,  by  reason  of  its  scale  and  effects,  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 in order to achieve that objective,  

EN 

30 

   EN 

HAVE ADOPTED THIS REGULATION: 

Chapter I  
General provisions  

Article 1 – Objective and scope 

1.  This  Regulation  establishes  the  regulatory  principles  and  detailed  rules  necessary  to 
complete a European single market for electronic communications where: 

(a) providers of electronic  communications services and networks have the right, the ability 
and  the  incentive  to  develop,  extend  and  operate  their  networks  and  to  provide  services 
irrespective of where the provider is established or its customers are situated in the Union, 

(b) citizens and businesses have the right and the possibility to access competitive, secure and 
reliable electronic communications services, irrespective of where they are provided from in 
the Union, without being hampered by cross-border restrictions or unjustified additional costs. 

2.  This  Regulation  establishes  in  particular  regulatory  principles  pursuant  to  which  the 
Commission, the Body of European Regulators for Electronic Communications (BEREC) and 
the national competent authorities shall act, each within its own competences, in conjunction 
with the provisions of Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC:  

a)  to  secure  simplified,  predictable  and  convergent  regulatory  conditions  regarding  key 
administrative  and  commercial  parameters,  including  as  regards  the  proportionality  of 
individual obligations which may be imposed pursuant to market analysis; 

b) to promote sustainable competition within the single market and the global competitiveness 
of the Union, and to reduce sector-specific market regulation accordingly as and when these 
objectives are achieved;  

c)  to  favour  investment  and  innovation  in  new  and  enhanced  high-capacity  infrastructures 
which reach throughout the Union and which can cater for evolving end-user demand;  

d) to facilitate innovative and high-quality service provision; 

e)  to  ensure  the  availability  and  highly  efficient  use  of  radio  spectrum,  whether  subject  to 
general authorisation or to individual rights of use, for wireless broadband services in support 
of innovation, investment, jobs and end-user benefits; 

f) to serve the interests of citizens and end-users in connectivity by fostering the investment 
conditions for an increase in the choice and quality of network access and of service, and by 
facilitating mobility across the Union and both social and territorial inclusion. 

3.  In  order  to  ensure  implementation  of  the  overarching  regulatory  principles  set  out  in 
paragraph 2, this Regulation furthermore establishes the necessary detailed rules for:  

(a) a single EU authorisation for European electronic communications providers;  

(b) further convergence of regulatory conditions as regards the necessity and proportionality 
of 
regulatory  authorities  on  European  electronic 
communications providers; 

imposed  by  national 

remedies 

(c)  the  harmonised  provision  at  Union  level  of  certain  wholesale  products  for  broadband 
under convergent regulatory conditions; 

(d) a coordinated European framework for the assignment of harmonised radio spectrum for 
wireless broadband communications services, thereby creating a European wireless space; 

EN 

31 

   EN 

(e)  the  harmonisation  of  rules  related  to  rights  of  end-users  and  the  promotion  of  effective 
competition  in  retail  markets,  thereby  creating  a  European  consumer  space  for  electronic 
communications; 

(f)  the  phasing  out  of  unjustified  surcharges  for  intra-Union  communications  and  roaming 
communications within the Union.  

Article 2 – Definitions  

For  the  purposes  of  this  Regulation,  the  definitions  set  out  in  Directives  2002/19/EC, 
2002/20/EC, 2002/21/EC, 2002/22/EC and 2002/77/EC shall apply. 

The following definitions shall also apply: 

(1) "European electronic communications provider" means an undertaking established in the 
Union  providing  or  intending  to  provide  electronic  communications  networks  or  services, 
whether directly or by means of one or more subsidiaries, directed to more than one Member 
State  and  which  cannot  be  considered  a  subsidiary  of  another  electronic  communications 
provider;  

(2)  "provider  of  electronic  communications  to  the  public"  means  an  undertaking  providing 
public electronic communications networks or publicly available electronic communications 
services; 

(3) "subsidiary" means an undertaking in which another undertaking directly or indirectly: 

(i) has the power to exercise more than half the voting rights, or 

(ii) has the power to appoint more than half the members of the supervisory board, board of 
management or bodies legally representing the undertaking, or 

(iii) has the right to manage the undertaking's affairs; 

(4) "single EU authorisation" means the legal framework applicable to a European electronic 
communications provider in the whole Union based on the general authorisation in the home 
Member State and in accordance with this Regulation;  

(5)  "home  Member  State"  means  the  Member  State  where  the  European  electronic 
communications provider has its main establishment;  

(6)  "main  establishment"  means  the  place  of  establishment  in  the  Member  State  where  the 
main decisions are taken as to the investments in and conduct of the provision of electronic 
communications services or networks in the Union; 

(7)  "host  Member  State"  means  any  Member  State  different  from  the  home  Member  State 
where  a  European  electronic  communications  provider  provides  electronic  communications 
networks or services;  

(8)  "harmonised  radio  spectrum  for  wireless  broadband  communications"  means  radio 
spectrum  for  which  the  conditions  of  availability  and  efficient  use  are  harmonised  at  Union 
level,  in  particular  pursuant  to  Decision  676/2002/EC  of  the  European  Parliament  and  the 
Council,27 and which serves for electronic communications services other than broadcasting;  

27 

Decision  676/2002/EC  of  the  European  Parliament  and  the  Council  of  7  March 2002  on  a  regulatory 
framework  for  radio  spectrum  policy  in  the  European  Community  (Radio  Spectrum  Decision)  (OJ  L 
108, 24.4.2002, p. 1). 

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(9) "small-area wireless access point" means a low power wireless network access equipment 
of  small  size  operating  within  a  small  range,  which  may  or  may  not  be  part  of  a  public 
terrestrial  mobile  communications  network,  and  be  equipped  with  one  or  more  low  visual 
impact  antennas,  which  allows  wireless  access  by  the  public  to  electronic  communications 
networks regardless of the underlying network topology;  

(10) "radio local area network" (RLAN) means a low power wireless access system, operating 
within a small range, with a low risk of interference to other such systems deployed in close 
proximity by other users, using on a non-exclusive basis spectrum for which the conditions of 
availability and efficient use for this purpose are harmonised at Union level; 

(11) "virtual broadband access" means a type of wholesale access to broadband networks that 
consists  of  a  virtual  access  link  to  the  customer  premises  over  any  access  network 
architecture, excluding physical unbundling, together with a transmission service to a defined 
set  of  points  of  handover,  and  including  specific  network  elements,  specific  network 
functionalities and ancillary IT systems;  

(12)  "assured  service  quality  (ASQ)  connectivity  product"  means  a  product  that  is  made 
available  at  the  internet  protocol  (IP)  exchange,  which  enables  customers  to  set  up  an  IP 
communication  link  between  a  point  of  interconnection  and  one  or  several  fixed  network 
termination  points,  and  enables  defined  levels  of  end  to  end  network  performance  for  the 
provision  of  specific  services  to  end  users  on  the  basis  of  the  delivery  of  a  specified 
guaranteed quality of service, based on specified parameters;  

(13)  "long-distance  communications"  means  voice  or  messages  services  terminating  outside 
the local exchange and regional charging areas as identified by a geographic area code in the 
national numbering plan; 

(14)  "internet  access  service"  means  a  publicly  available  electronic  communications  service 
that provides connectivity to the internet, and thereby connectivity between virtually all end 
points connected to the internet, irrespective of the network technology used; 

(15)  "specialised  service"  means  an  electronic  communications  service  or  any  other  service 
that  provides  the  capability  to  access  specific  content,  applications  or  services,  or  a 
combination  thereof,  and  whose  technical  characteristics  are  controlled  from  end-to-end  or 
provides the capability to send or receive data to or from a determined number of parties or 
endpoints; and that is not marketed or widely used as a substitute for internet access service; 

(16)  "receiving  provider  of  electronic  communications  to  the  public"  means  the  provider  of 
electronic  communications  to  the  public  to  which  the  telephone  number  or  service  is 
transferred;  

(17) "transferring provider of electronic communications to the public" means the provider of 
electronic  communications  to  the  public  from  which  a  telephone  number  or  service  is 
transferred. 

Chapter II  
Single EU authorisation 

Article 3 – Freedom to provide electronic communications across the Union 

1.  A  European  electronic  communications  provider  has  the  right  to  provide  electronic 
communications networks and services in the whole Union and to exercise the rights linked to 
the provision of such networks and services in each Member State where it operates pursuant 

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to a single EU authorisation which is subject only to the notification requirements provided in 
Article 4. 

2.  The  European  electronic  communications  provider  is  subject  to  the  rules  and  conditions 
applied  in  each  Member  State  concerned  in  compliance  with  Union  law  unless  otherwise 
provided in this Regulation and without prejudice to Regulation (EU) No 531/2012.  

3.  By  way  of  derogation  from  Article  12  of  Directive  2002/20/EC,  a  European  electronic 
communications  provider  may  be  subject  to  administrative  charges  applicable  in  the  host 
Member State only if it has an annual turnover for electronic communications services in that 
Member  State  above  0,5%  of  the  total  national  electronic  communications  turnover.  In 
levying  these  charges  only  the  turnover  for  electronic  communications  services  in  the 
Member State concerned shall be taken into account. 

4. By way of derogation from Article 13(1)(b) of Directive 2002/22/EC a European electronic 
communications provider may be subject to the contributions imposed to share the net cost of 
universal  service  obligations  in  the  host  Member  State  only  if  it  has  an  annual  turnover  for 
electronic  communications  services  in  that  Member  State  above  3%  of  the  total  national 
electronic communications turnover. In levying any such contribution only the turnover in the 
Member State concerned shall be taken into account. 

5. A European electronic communications provider shall be entitled to equal treatment by the 
national regulatory authorities of different Member States in objectively equivalent situations. 

6.  In  the  event  of  a  dispute  between  undertakings  involving  a  European  electronic 
communications  provider  regarding  obligations  applicable  in  accordance  with  Directives 
2002/19/EC,  2002/20/EC,  2002/21/EC  and  2002/22/EC,  this  Regulation  or  Regulation  (EU) 
No 531/2012 in a host Member State, the European electronic communications provider may 
consult  the  national  regulatory  authority  in  the  home  Member  State,  which  may  deliver  an 
opinion  with  a  view  to  ensuring  the  development  of  consistent  regulatory  practices.  The 
national  regulatory  authority  in  the  host  Member  State  shall  take  utmost  account  of  the 
opinion issued by the national regulatory authority of the home Member State when deciding 
the dispute.  

7. European electronic communications providers who, at the date of entry into force of this 
Regulation,  have  the  right  to  provide  electronic  communications  networks  and  services  in 
more  than  one  Member  State  shall  submit  the  notification  provided  for  in  Article  4  at  the 
latest by 1 July 2016. 

Article 4 - Notification procedure for European electronic communications providers 

1.  A  European  electronic  communications  provider  shall  submit  a  single  notification  in 
accordance  with  this  Regulation  to  the  national  regulatory  authority  of  the  home  Member 
State, before beginning activity in at least one Member State. 

2. The notification shall contain a declaration of the provision or the intention to commence 
the provision of electronic communications networks and services and shall be accompanied 
by the following information only:  

(a)  the  name  of  the  provider,  his  legal  status  and  form,  registration  number,  where  the 
provider is registered in trade or other similar public register, the geographical address of the 
main establishment, a contact person, a short description of the networks or services provided 
or intended to be provided, including identification of the home Member State;  

(b) the host Member State(s) where the services and the networks are provided or intended to 
be provided directly or by subsidiaries and, in the latter case, the name, his legal status and 

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34 

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form, geographical address, registration number, where the provider is registered in trade or 
other  similar  public  register  in  the  host  Member  State,  and  contact  point  of  any  subsidiary 
concerned and the respective operating areas. Where a subsidiary is controlled jointly by two 
or  more  electronic  communications  providers  with  their  main  establishments  in  different 
Member States the subsidiary shall indicate the relevant home Member State among those of 
the  parent  companies  for  the  purpose  of  this  Regulation  and  shall  be  notified  by  the  parent 
company of that home Member State accordingly.  

The  notification  shall  be  submitted  in  the  language  or  languages  applicable  in  the  home 
Member State and in any host Member State. 

3.  Any  change  to  the  information  submitted  in  accordance  with  paragraph  2  shall  be  made 
available  to  the  national  regulatory  authority  of  the  home  Member  State  within  one  month 
following  the  change.  In  the  event  that  the  change  to  be  notified  concerns  the  intention  to 
provide  electronic  communications  networks  or  services  in  a  host  Member  State  that  is  not 
covered  by  a  previous  notification,  the  European  electronic  communications  provider  may 
begin activity in that host Member State upon notification.  

4. Non-compliance with the notification requirement laid down in this Article shall constitute 
a  breach  of  the  common  conditions  applicable  to  the  European  electronic  communications 
provider in the home Member State.  

5. The national regulatory authority of the home Member State shall forward the information 
received  in  accordance  with  paragraph  2  and  any  change  to  that  information  in  accordance 
with paragraph 3 to the national regulatory authorities of the concerned host Member States 
and  to  the  BEREC  Office  within  one  week  following  reception  of  such  information  or  any 
change. 

The  BEREC  Office  shall  maintain  a  publicly  accessible  registry  of  notifications  made  in 
accordance with this Regulation. 

6. At the request of a European electronic communications provider, the national regulatory 
authority of the home Member State shall issue a declaration in accordance with Article 9 of 
Directive 2002/20/EC, specifying that the undertaking in question is subject to the single EU 
authorisation. 

7.  In  the  event  that  one  or  more  national  regulatory  authorities  in  different  Member  States 
consider  that  the  identification  of  the  home  Member  State  in  a  notification  made  in 
accordance  with  paragraph  2  or  any  change  to  the  provided  information  made  available  in 
accordance  with  paragraph  3  does  not  correspond  or  no  longer  corresponds  to  the  main 
establishment  of  the  undertaking  pursuant  to  this  Regulation,  it  shall  refer  the  issue  to  the 
Commission,  substantiating  the  grounds  on  which  it  bases  its  assessment.  A  copy  of  the 
referral  shall  be  communicated  to  the  BEREC  Office  for  information.  The  Commission, 
having  given  the  relevant  European  electronic  communications  provider  and  the  national 
regulatory  authority  of  the  disputed  home  Member  State  the  opportunity  to  express  their 
views,  shall  issue  a  decision  determining  the  home  Member  State  of  the  undertaking  in 
question pursuant to this Regulation within three months following the referral of the issue.  

Article 5 –Compliance with the single EU authorisation  

1.  The  national  regulatory  authority  of  each  concerned  Member  State  shall  monitor  and 
ensure, in accordance with its national legislation implementing the procedures provided for 
in  Article  10  of  Directive  2002/20/EC,  that  European  electronic  communications  providers 
comply with the rules and conditions applicable in its territory in accordance with Article 3.  

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35 

   EN 

2.  The  national  regulatory  authority  of  a  host  Member  State  shall  transmit  to  the  national 
regulatory  authority  of  the  home  Member  State  any  relevant  information  concerning 
individual  measures  adopted  in  relation  to  a  European  electronic  communications  provider 
with a view to ensuring compliance with the rules and conditions applicable in its territory in 
accordance with Article 3.  

Article 6 – Suspension and withdrawal of the rights to provide electronic communications of 
European electronic communications providers  

1.  Without  prejudice  to  measures  concerning  suspension  or  withdrawal  of  rights  of  use  for 
spectrum or numbers granted by any concerned Member State and interim measures adopted 
in accordance with paragraph 3, only the national regulatory authority of the home Member 
State may suspend or withdraw the rights of a European electronic communications provider 
to  provide  electronic  communications  networks  and  services  in  the  whole  Union  or  part 
thereof  in  accordance  with  national  legislation  implementing  Article  10(5)  of  Directive 
2002/20/EC.  

2.  In  cases  of  serious  or  repeated  breaches  of  the  rules  and  conditions  applicable  in  a  host 
Member  State  in  accordance  with  Article  3,  where  measures  aimed  at  ensuring  compliance 
taken by the national regulatory authority in the host Member State in accordance with Article 
5 have failed, it shall inform the national regulatory authority in the home Member State and 
request that it adopts the measures provided for in paragraph 1.  

3. Until a final decision on a request submitted in accordance with paragraph 2 is adopted by 
the national regulatory authority of the home Member State, the national regulatory authority 
of  the  host  Member  State  may  take  urgent  interim  measures  in  accordance  with  national 
legislation  implementing  Article  10(6)  of  Directive  2002/20/EC  where  it  has  evidence  of  a 
breach of the rules and conditions applicable in its territory in accordance with Article 3. By 
way of derogation from the three months time-limit provided for in Article 10(6) of Directive 
2002/20/EC, such interim measures may be valid until the national regulatory authority of the 
home Member State adopts a final decision.  

The Commission, BEREC and the national regulatory authorities of the home Member State 
and other host Member States shall be informed of the interim measure adopted in due time. 

4.  Where  the  national  regulatory  authority  of  the  home  Member  State  considers  taking  a 
decision to suspend or withdraw rights of a European electronic communications provider in 
accordance  with  paragraph  1  either  on  its  own  initiative  or  at  the  request  of  the  national 
regulatory  authority  of  a  host  Member  State,  it  shall  notify  its  intention  to  the  national 
regulatory  authorities  of  any  host  Member  State  affected  by  such  a  decision.  The  national 
regulatory authority of a host Member State may deliver an opinion within one month. 

5.  Taking  utmost  account  of  any  opinion  of  the  national  regulatory  authority  of  the  host 
Member States concerned, the national regulatory authority of the home Member State shall 
adopt a final decision and shall communicate it to the Commission, BEREC and the national 
regulatory authorities of the host Member States affected by such a decision within one week 
after its adoption. 

6. Where the national regulatory authority of the home Member State has decided to suspend 
or  withdraw  rights  of  a  European  electronic  communications  provider  in  accordance  with 
paragraph 1, the national regulatory authority of any host Member State concerned shall take 
appropriate  measures  to  prevent  the  European  electronic  communications  provider  from 
further providing services or networks concerned by this decision within its territory.  

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Article 7 – Coordination of enforcement measures  

1. When applying Article 6, the national regulatory authority of the home Member State shall 
take supervisory or enforcement measures related to an electronic communications service or 
network provided in another Member State or which has caused damage in another Member 
State  with  the  same  diligence  as  if  the  electronic  communications  service  or  network 
concerned was provided in the home Member State. 

2. The Member States shall ensure that within their territories it is possible to serve the legal 
documents relating to measures taken in accordance with Articles 5 and 6. 

Chapter III  
European inputs 

Section 1 - Coordination of use of radio spectrum within the single market 

Article 8 – Scope of application and general provisions  

1.  This  section  shall  apply  to  harmonised  radio  spectrum  for  wireless  broadband 
communications. 

2. This section shall be without prejudice to the right of the Member States  to benefit from 
fees imposed to ensure the optimal use of radio spectrum resources in accordance with Article 
13  of  Directive  2002/20/EC  and  to  organise  and  use  their  radio  spectrum  for  public  order, 
public security and defence. 

3.  In  the  exercise  of  powers  conferred  in  this  section,  the  Commission  shall  take  utmost 
account  of  any  relevant  opinion  issued  by  the  Radio  Spectrum  Policy  Group  (RSPG) 
established by Commission Decision 2002/622/EC28. 

Article 9 – Radio Spectrum use for wireless broadband communications: regulatory 
principles 

1. The national competent authorities for radio spectrum shall contribute to the development 
of  a  wireless  space  where  investment  and  competitive  conditions  for  high-speed  wireless 
broadband communications converge and which enables planning and provision of integrated 
multi-territorial networks and services and economies of scale, thereby fostering innovation, 
economic growth and the long-term benefit of end users. 

The  national  competent  authorities  shall  refrain  from  applying  procedures  or  imposing 
conditions  for  the  use  of  radio  spectrum  which  may  unduly  impede  European  electronic 
communications  providers  from  providing  integrated  electronic  communications  networks 
and services in several Member States or throughout the Union. 

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

integrated  multi-territorial 

28 

Commission Decision 2002/622/EC of 26 July 2002 establishing a Radio Spectrum Policy Group (OJ L 
198, 27.07.2002, p. 49). 

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37 

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3. When establishing authorisation conditions and procedures for the use of radio spectrum, 
national  competent  authorities  shall  have  regard  in  particular  to  equal  treatment  between 
existing and potential operators and between European electronic communications providers 
and other undertakings. 

4. Without prejudice to paragraph 5, the national competent authorities shall take into account 
and,  where  necessary,  shall  reconcile  the  following  regulatory  principles  when  establishing 
authorisation conditions and procedures for rights of use for radio spectrum: 

a) maximisation of end user interest, including end users' interest in both efficient long-term 
investment and innovation in wireless networks and services and in effective competition; 

b) ensuring the most efficient use and effective management of radio spectrum; 

c)  ensuring  predictable  and  comparable  conditions  to  enable  the  planning  of  network 
investments and services on a multi-territorial basis and the achievement of scale economies; 

d) ensuring the necessity and proportionality of the conditions imposed, including through an 
objective assessment of whether it is justified to impose additional conditions which could be 
in favour of or to the detriment of certain operators; 

e) ensuring wide territorial  coverage of high-speed wireless broadband networks and a high 
level of penetration and consumption of related services. 

5. When considering whether to impose any of the specific conditions in respect of rights of 
use  of  radio  spectrum  referred  to  in  Article  10,  national  competent  authorities  shall  have 
particular regard to the criteria laid down in that Article. 

Article 10 –Relevant criteria to be taken in account for use of radio spectrum  

1.  When  determining  the  amount  and  type  of  radio  spectrum  to  be  assigned  in  a  given 
procedure  for  granting  rights  of  use  for  radio  spectrum,  the  national  competent  authorities 
shall have regard to the following: 

(a) the technical characteristics of different available radio spectrum bands, 

(b) the possible combination in a single procedure of complementary bands; and 

(c) the relevance of coherent portfolios of radio spectrum rights of use in different Member 
States to the provision of networks or services to the entire Union market or a significant part 
thereof. 

2.  When  determining  whether  to  specify  any  minimum  or  maximum  amount  of  radio 
spectrum,  which  would  be  defined  in  respect  of  a  right  of  use  in  a  given  band  or  in  a 
combination of complementary bands, national competent authorities shall ensure: 

(a) the most efficient use of the radio spectrum in accordance with Article 9(4)(b), taking into 
account the characteristics of the band or bands concerned; 

(b) efficient network investment in accordance with Article 9(4)(a). 

This  paragraph  shall  be  without  prejudice  to  the  application  of  paragraph  5  as  regards 
conditions defining maximum amounts of radio spectrum. 

3.  National  competent  authorities  shall  ensure  that  the  fees  for  rights  of  use  for  radio 
spectrum, if any: 

(a)  appropriately  reflect  the  social  and  economic  value  of  the  radio  spectrum,  including 
beneficial externalities; 

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(b)  avoid  under-utilisation  and  foster  investment  in  the  capacity,  coverage  and  quality  of 
networks and services; 

(c)  avoid  discrimination  and  ensure  equality  of  opportunity  between  operators,  including 
between existing and potential operators;  

(d) achieve an optimal distribution between immediate and, if any, periodic payments, having 
regard  in  particular  to  the  need  to  incentivise  rapid  network  roll-out  and  radio  spectrum 
utilisation in accordance with Article 9(4)(b) and (e). 

This  paragraph  shall  be  without  prejudice  to  the  application  of  paragraph  5  as  regards  any 
conditions resulting in differentiated fees between operators which are laid down with a view 
to promoting effective competition. 

4.  National  competent  authorities  may  impose  obligations  to  reach  minimum  territorial 
coverage only when they are necessary and proportionate, in accordance with Article 9(4)(d), 
to achieve specific objectives of general interest determined at national level. When imposing 
such obligations, the national competent authorities shall have regard to the following: 

(a)  any  pre-existing  coverage  of  the  national  territory  by  the  relevant  services,  or  by  other 
electronic communications services; 

(b) the minimisation of the number of operators potentially subject to such obligations; 

(c)  the  possibility  of  burden  sharing  and  reciprocity  among  various  operators,  including 
providers of other electronic communications services; 

(d)  the  investments  required  to  achieve  such  coverage  and  the  need  to  reflect  these  in  the 
applicable fees; 

(e)  the  technical  suitability  of  the  relevant  bands  for  efficient  provision  of  wide  territorial 
coverage. 

5. When determining whether to impose any of the measures to promote effective competition 
provided for in Article 5(2) of Decision No 243/2012/EC of the European Parliament and the 
Council,29 national competent authorities shall base their decision on an objective, prospective 
assessment of the following, taking into account market conditions and available benchmarks: 

(a) whether or not effective competition is likely to be maintained or achieved in the absence 
of such measures, and 

(b) the likely effect of such temporary measures on existing and future investments by market 
operators. 

6.  National  competent  authorities  shall  determine  conditions  under  which  undertakings  may 
transfer  or  lease  part  or  all  of  their  individual  rights  to  use  radio  spectrum  to  other 
undertakings,  including  the  sharing  of  such  radio  spectrum.  When  determining  those 
conditions, national competent authorities shall have regard to the following: 

(a) optimisation of efficient radio spectrum use in accordance with Article 9(4)(b); 

(b) enabling the exploitation of beneficial sharing opportunities; 

(c) reconciliation of the interests of existing and potential right-holders; 

(d) creation of a better-functioning, more liquid market for access to radio spectrum. 

29 

Decision No 243/2012/EU of the European Parliament and the Council of 14 March 2012 establishing a 
multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7). 

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39 

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This  paragraph  shall  be  without  prejudice  to  the  application  of  competition  rules  to 
undertakings. 

7.  National  competent  authorities  shall  authorise  the  sharing  of  passive  and  active 
infrastructure and the joint roll-out of infrastructure for wireless broadband communications, 
taking into account: 

(a) the state of infrastructure-based competition and any additional service-based competition; 

(b) the requirements of efficient radio spectrum use; 

(c) increased choice and a higher quality of service for end users; 

(d) technological innovation. 

This  paragraph  shall  be  without  prejudice  to  the  application  of  competition  rules  to 
undertakings. 

Article 11 – Additional provisions related to conditions for use of radio spectrum 

1.  Where  the  technical  conditions  for  the  availability  and  efficient  use  of  harmonised  radio 
spectrum  for  wireless  broadband  communications  make  it  possible  to  use  the  relevant  radio 
spectrum  under  a  general  authorisation  regime,  national  competent  authorities  shall  avoid 
imposing  any  additional  condition  and  shall  prevent  any  alternative  use  from  impeding  the 
effective application of such harmonised regime. 

2.  National  competent  authorities  shall  establish  authorisation  conditions  whereby  an 
individual  authorisation  or  right  of  use  may  be  revoked  or  cancelled  in  case  of  persistent 
failure  to  use  the  relevant  radio  spectrum.  The  revocation  or  cancellation  may  be  subject  to 
appropriate compensation when the failure to use the radio spectrum is due to grounds beyond 
the control of the operator, and is objectively justified. 

3.  National  competent  authorities  shall  consider  the  need  to  establish,  in  conformity  with 
competition rules, and with a view to the timely freeing up or sharing of sufficient harmonised 
radio spectrum in cost-efficient bands for high-capacity wireless broadband services: 

(a) appropriate compensation or incentive payments to existing users or radio spectrum usage 
right holders, inter alia through incorporation in the bidding system or fixed amount for rights 
of use; or 

(b) incentive payments to be paid by existing users or radio spectrum usage right holders. 

4.  The  national  competent  authorities  shall  consider  the  need  to  fix  appropriate  minimum 
technology performance levels for different bands in accordance with Article 6(3) of Decision 
No  243/2012/EC  with  a  view  to  improving  spectral  efficiency  and  without  prejudice  to 
measures adopted under Decision No 676/2002. 

When fixing those levels, they shall in particular: 

(a)  have  regard  to  the  cycles  of  technology  development  and  of  renewal  of  equipment,  in 
particular terminal equipment; and 

(b) apply the principle of technology neutrality to achieve the specified performance level, in 
accordance with Article 9 of Directive 2002/21/EC. 

EN 

40 

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Article 12- Harmonisation of certain authorisation conditions relative to wireless broadband 
communications 

1. National competent authorities shall establish timetables for the granting or reassignment of 
rights of use, or for the renewal of those rights under the terms of existing rights, which shall 
apply to radio spectrum harmonised for wireless broadband communications. 

The  duration  of  the  rights  of  use  or  the  dates  for  subsequent  renewal  shall  be  set  well  in 
advance  of  the  relevant  procedure  included  in  the  timetable  referred  to  in  the  first 
subparagraph. The timetables, durations and renewal cycles shall take account of the need for 
a  predictable  investment  environment,  the  effective  possibility  to  release  any  relevant  new 
radio spectrum bands harmonised for wireless broadband communications and of the period 
for amortisation of related investments under competitive conditions. 

2. In order to ensure a coherent implementation of paragraph 1 throughout the Union and in 
particular  to  enable  the  synchronised  availability  of  wireless  services  within  the  Union,  the 
Commission may, by way of implementing acts: 

(a) establish a common timetable for the Union as a whole, or timetables appropriate to the 
circumstances of different categories of Member States, the date or dates by which individual 
rights of use for a harmonised band, or a combination of complementary harmonised bands, 
shall be granted and actual use of the radio spectrum shall be allowed for exclusive or shared 
provision of wireless broadband communications throughout the Union; 

(b) determine a minimum duration for the rights granted in the harmonised bands; 

(c) determine, in the case of rights which are not indefinite in character, a synchronised expiry 
or renewal date for the Union as a whole; 

(d) define the date of expiry of any existing rights of use of harmonised bands other than for 
wireless broadband communications, or, in the case of rights of indefinite duration, the date 
by  which  the  right  of  use  shall  be  amended,  in  order  to  allow  the  provision  of  wireless 
broadband communications. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 33(2). 

3.  The  Commission  may  also  adopt  implementing  acts  harmonising  the  date  of  expiry  or 
renewal  of  individual  rights  to  use  radio  spectrum  for  wireless  broadband  in  harmonised 
bands, which already exist at the date of adoption of such acts, with a view to synchronising 
throughout  the  Union  the  date  for  renewal  or  reassignment  of  rights  of  use  for  such  bands, 
including  possible  synchronisation  with  the  date  of  renewal  or  reassignment  of  other  bands 
harmonised by implementing measures adopted in accordance with paragraph 2 or with this 
paragraph.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 33(2). 

Where implementing acts provided for in this paragraph define a harmonised date for renewal 
or  reassignment  of  rights  of  use  of  radio  spectrum  which  falls  after  the  date  of  expiry  or 
renewal of any existing individual rights of use of such radio spectrum in any of the Member 
States, the national competent authorities shall extend the existing rights until the harmonised 
date under the same previously applicable substantive authorisation conditions, including any 
applicable periodic fees.  

Where the extension period granted in accordance with the second subparagraph is significant 
in comparison with the original duration of the rights of use, national competent  authorities 
may  subject  the  extension  of  rights  to  any  adaptations  of  the  previously  applicable 
authorisation  conditions  which  are  necessary  in  the  light  of  the  changed  circumstances, 

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including  the  imposition  of  additional  fees.  These  additional  fees  shall  be  based  on  an 
application  pro  rata  temporis  of  any  initial  fee  for  the  original  rights  of  use  which  was 
expressly calculated by reference to the originally foreseen duration. 

The implementing acts provided for in this paragraph shall not require the shortening of the 
duration of existing rights of use in any Member State except in accordance with Article 14(2) 
of Directive 2002/20/EC and shall not apply to existing rights of indefinite duration. 

Where the Commission adopts an implementing act pursuant to paragraph 2, it may apply the 
provisions  of  this  paragraph  mutatis  mutandis  to  any  rights  of  use  of  the  harmonised  band 
concerned for wireless broadband. 

4. When adopting the implementing acts provided for in paragraphs 2 and 3, the Commission 
shall have regard to: 

(a) the regulatory principles set out in Article 9 ; 

(b)  objective  variations  across  the  Union  in  the  needs  for  additional  radio  spectrum  for 
wireless  broadband  provision,  while  taking  into  account  common  radio  spectrum  needs  for 
integrated networks covering several Member States; 

(c) the predictability of operating conditions for existing radio spectrum users; 

(d)  the  take-up,  development  and  investment  cycles  of  successive  generations  of  wireless 
broadband technologies; 

(e) end-user demand for high-capacity wireless broadband communications. 

In determining timetables for different categories of  Member States  which have  not already 
granted individual rights of use and allowed actual use of the harmonised band in question, 
the Commission shall have due regard to any submissions made by Member States regarding 
the  way  radio  spectrum  rights  have  been  historically  granted,  the  grounds  of  restriction 
provided for in in Article 9(3) and (4) of Directive 2002/21/EC, the possible need to vacate 
the  band  in  question,  the  effects  on  competition  or  geographical  or  technical  constraints, 
taking  into  account  the  effect  on  the  internal  market.  The  Commission  shall  ensure  that 
implementation is not unduly deferred and that any variation in timetables between Member 
States does not result in undue differences in the competitive or regulatory situations between 
Member States. 

5. Paragraph 2 shall be without prejudice to the right of the Member States to grant rights of 
use for and to allow actual use of a harmonised band before the adoption of an implementing 
act  in  respect  of  that  band,  subject  to  compliance  with  the  second  subparagraph  of  this 
paragraph, or in advance of the harmonised date established by an implementing act for that 
band. 

Where  national  competent  authorities  grant  rights  of  use  in  a  harmonised  band  before  the 
adoption  of  an  implementing  act  in  respect  of  that  band,  they  shall  define  the  conditions  of 
such grant, and in particular those relative to duration, in such a way that beneficiaries of the 
rights  of  use  are  made  aware  of  the  possibility  that  the  Commission  would  adopt 
implementing acts in accordance with paragraph 2 establishing a minimum duration of such 
rights or a synchronised expiry or renewal cycle for the Union as a whole. This subparagraph 
shall not apply to the grant of rights of indefinite duration. 

6.  For  the  harmonised  bands  for  which  a  common  timetable  for  granting  rights  of  use  and 
allowing actual use has been established in an implementing act adopted in accordance with 
paragraph  2,  national  competent  authorities  shall  provide  timely  and  sufficiently  detailed 
information  to  the  Commission  on  their  plans  to  ensure  compliance.  The  Commission  may 

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adopt  implementing  acts  defining  the  format  and  procedures  for  the  provision  of  such 
information.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 33(2). 

Where the Commission considers, upon reviewing such detailed plans provided by a Member 
State,  that  it  is  unlikely  that  the  Member  State  in  question  will  be  able  to  comply  with  the 
timetable applicable to it, the Commission may adopt a decision by means of implementing 
act  requiring  that  Member  State  to  adapt  its  plans  in  an  appropriate  way  to  ensure  such 
compliance.  

Article 13 –Coordination of authorisation procedures and conditions for the use of radio 
spectrum for wireless broadband in the internal market  

1.  Where  a  national  competent  authority  intends  to  subject  the  use  of  radio  spectrum  to  a 
general authorisation or to grant individual rights of use of radio spectrum, or to amend rights 
and  obligations  in  relation  to  the  use  of  radio  spectrum  in  accordance  with  Article  14  of 
Directive 2002/20/EC, it shall make accessible its draft measure, together with the reasoning 
thereof, simultaneously to the Commission and the competent authorities for radio spectrum 
of the other Member States, upon completion of the public consultation referred to in Article 
6 of Directive 2002/21/EC, if applicable,  and  in any event only at a stage in its preparation 
which  allows  it  to  provide  to  the  Commission  and  the  competent  authorities  of  the  other 
Member States sufficient and stable information on all relevant matters. 

The  national  competent  authority  shall  provide  information  which  shall  include  at  least  the 
following matters, where applicable: 

(a) the type of authorisation process; 

(b) the timing of the authorisation process; 

(c) the duration of the rights of use; 

(d) the type and amount of radio spectrum available, as a whole or to any given undertaking; 

(e) the amount and structure of any fees to be paid; 

(f) compensation or incentives regarding the vacation or sharing of radio spectrum by existing 
users; 

(g) coverage obligations; 

(h) wholesale access, national or regional roaming requirements; 

(i) the reservation of radio spectrum for certain types of operators, or the exclusion of certain 
types of operators; 

(j) conditions related to the assignment, transfer or accumulation of rights of use; 

(k) the possibility to use radio spectrum on a shared basis; 

(l) infrastructure sharing; 

(m) minimum technology performance levels;  

(n) restrictions applied in accordance with Articles 9(3) and 9(4) of Directive 2002/21/EC;  

(o) a revocation or withdrawal of one or several rights of use or an amendment of rights or 
conditions attached to such rights which cannot be considered as minor within the meaning of 
Article 14(1) of Directive 2002/20/EC. 

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2. National competent authorities and the Commission may make comments to the competent 
authority  concerned  within  a  period  of  two  months.  The  two-month  period  shall  not  be 
extended. 

When assessing the draft measure in accordance with this Article, the Commission shall have 
regard in particular to: 

(a) the provisions of Directives 2002/20/EC and 2002/21/EC and Decision No. 243/2012/EC; 

(b) the regulatory principles set out in Article 9; 

(c) the relevant criteria for certain specific conditions set out in Article 10 and the additional 
provisions set out in Article 11; 

(d) any implementing act adopted in accordance with Article 12; 

(e)  coherence  with  recent,  pending  or  planned  procedures  in  other  Member  States,  and 
possible effects on trade between Member States. 

If, within this period, the Commission notifies the competent authority that the draft measure 
would create a barrier to the internal market or that it has serious doubts as to its compatibility 
with  Union  law,  the  draft  measure  shall  not  be  adopted  for  an  additional  period  of  two 
months.  The  Commission  shall  also  inform  the  competent  authorities  of  the  other  Member 
States of the position it has taken on the draft measure in such a case. 

3. Within the additional two-month period referred to in paragraph 2, the Commission and the 
competent  authority  concerned  shall  cooperate  closely  to  identify  the  most  appropriate  and 
effective  measure  in  the  light  of  the  criteria  referred  to  in  paragraph  2,  whilst  taking  due 
account  of  the  views  of  market  participants  and  the  need  to  ensure  the  development  of 
consistent regulatory practice. 

4.  At  any  stage  during  the  procedure,  the  competent  authority  may  amend  or  withdraw  its 
draft measure taking utmost account of the Commission's notification referred to in paragraph 
2. 

5. Within the additional two-month period referred in paragraph 2, the Commission may: 

a)  present  a  draft  decision  to  the  Communications  Committee  requiring  the  competent 
authority concerned to withdraw the draft measure. The draft decision shall be accompanied 
by a detailed and objective analysis of why the Commission considers that the draft measure 
should  not  be  adopted  as  notified,  together  where  necessary  with  specific  proposals  for 
amending the draft measure; or 

b) take a decision changing its position in relation to the draft measure concerned. 

6. Where the Commission has not presented a draft decision referred to in paragraph 5(a) or 
takes a decision referred to in paragraph 5(b), the competent authority concerned may adopt 
the draft measure. 

Where  the  Commission  has  presented  a  draft  decision  referred  to  in  accordance  with 
paragraph 5(a), the draft measure shall not be adopted by the competent authority for a period 
not  exceeding  six  months  from  the  notification  sent  to  the  competent  authority  pursuant  to 
paragraph 2. 

The Commission may decide to change its position in relation to the draft measure concerned 
at  any  stage  of  the  procedure,  including  after  the  submission  of  a  draft  decision  to  the 
Communications Committee. 

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7. The Commission shall adopt any decision requiring the competent authority to withdraw its 
draft  measure  by  means  of  implementing  acts.  Those  implementing  act  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 33(2). 

8.  Where  the  Commission  has  adopted  a  decision  in  accordance  with  paragraph  7,  the 
competent authority shall amend or withdraw the draft measure within six months of the date 
of  notification  of  the  Commission's  decision.  When  the  draft  measure  is  amended,  the 
competent authority shall undertake a public consultation where appropriate, and shall make 
the amended draft measure accessible to the Commission in accordance with paragraph 1. 

9.  The  competent  authority  concerned  shall  take  the  utmost  account  of  any  comments  of 
competent  authorities  of  the  other  Member  States  and  the  Commission  and  may,  except  in 
cases  covered  by  the  third  sub-paragraph  of  paragraph  2,  by  the  second  sub-paragraph  of 
paragraph 6 and by paragraph 7, adopt the resulting draft measure and where it does so, shall 
communicate it to the Commission. 

10. The competent authority shall inform the Commission of the results of the procedure to 
which its measure relates once that procedure has been concluded. 

Article 14 – Access to radio local area networks  

1. National competent authorities shall allow the provision of access through radio local area 
networks to the network of a provider of electronic communications to the public as well as 
the  use  of  the  harmonised  radio  spectrum  for  such  provision,  subject  only  to  general 
authorisation. 

2. National competent authorities shall not prevent providers of electronic communications to 
the  public  from  allowing  access  for  the  public  to  their  networks,  through  radio  local  area 
networks,  which  may  be  located  at  an  end  user's  premises,  subject  to  compliance  with  the 
general authorisation conditions and the prior informed agreement of the end user. 

3. Providers of electronic communications to the public shall not unilaterally restrict: 

a)  the  right  of  end  users  to  accede  to  radio  local  area  networks  of  their  choice  provided  by 
third parties; 

b) the right of end users to allow reciprocally or more generally access to the networks of such 
providers  by  other  end  users  through  radio  local  area  networks,  including  on  the  basis  of 
third-party  initiatives  which  federate  and  make  publicly  accessible  the  radio  local  area 
networks of different end users. 

4. National competent authorities shall not restrict the right of end users to allow reciprocally 
or more generally access to their radio local area networks by other end users, including on 
the basis of third-party initiatives which federate and make publicly accessible the radio local 
area networks of different end users. 

5. National competent authorities shall not restrict the provision of public access to radio local 
area networks: 

(a) by public authorities on or in the immediate vicinity of premises occupied by such public 
authorities, when it is ancillary to the public services provided on such premises; 

(b) by initiatives of non-governmental organisations or public authorities to federate and make 
reciprocally or more generally accessible the radio local area networks of different end users, 
including, where applicable, the radio local area networks to which public access is provided 
in accordance with sub-point (a). 

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6. An undertaking, public authority or other end user shall not be deemed to be a provider of 
electronic communications to the public solely by virtue of the provision of public access to 
radio local area networks, where such provision is not commercial in character, or is merely 
ancillary  to  another  commercial  activity  or  public  service  which  is  not  dependent  on  the 
conveyance of signals on such networks. 

Article 15 –Deployment and operation of small-area wireless access points  

1.  National  competent  authorities  shall  allow  the  deployment,  connection  and  operation  of 
unobtrusive small-area wireless access points under the general authorisation regime and shall 
not unduly restrict that deployment, connection or operation through individual town planning 
permits or in any other way, whenever such use is in compliance with implementing measures 
adopted pursuant to paragraph 2. 

This  paragraph  is  without  prejudice  to  the  authorisation  regime  for  the  radio  spectrum 
employed to operate small-area wireless access points. 

2. For the purposes of the uniform implementation of the general authorisation regime for the 
deployment,  connection  and  operation  of  small-area  wireless  access  points  pursuant  to 
paragraph  1,  the  Commission  may,  by  means  of  an  implementing  act,  specify  technical 
characteristics for the design, deployment and operation of small-area wireless access points, 
compliance with which shall ensure their unobtrusive character when in use in different local 
contexts.  The  Commission  shall  specify  those  technical  characteristics  by  reference  to  the 
maximum size, power and electromagnetic characteristics, as well as the visual impact, of the 
deployed  small-area wireless  access  points. Those  technical characteristics for use of small-
area  wireless  access  points  shall  at  a  minimum  comply  with  the  requirements  of  Directive 
2013/35/EU30  and  with 
in  Council  Recommendation  No 
1999/519/EC.31 

thresholds  defined 

the 

The characteristics specified in order for the deployment, connection and operation of small-
area  wireless  access  point  to  benefit  from  paragraph  1  shall  be  without  prejudice  to  the 
essential  requirements  of  Directive  1999/5/EC  of  the  European  Parliament  and  the  Council 
relative to the placing on the market of such products.32 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 33(2). 

Article 16 – Radio spectrum coordination among Member States 

1.  Without  prejudice  to  their  obligations  under  relevant  international  agreements  including 
ITU Radio Regulations, the national competent authorities shall ensure that the use of radio 
spectrum  is  organised  on  their  territory,  and  shall  in  particular  take  all  necessary  radio 
spectrum allocation or assignment measures, in order that no other Member State is impeded 

30 

31 

32 

Directive 2013/35/EU of the European Parliament and of the Council of 26 June 2013 on the minimum 
health  and  safety  requirements  regarding  the  exposure  of  workers  to  the  risks  arising  from  physical 
agents  (electromagnetic  fields)  (20th  individual  Directive  within  the  meaning  of  Article  16(1)  of 
Directive 89/391/EEC) and repealing Directive 2004/40/EC (OJ L 179, 29.6.2013, p. 1). 
Recommendation  1999/519/EC  of  the  Council  of  12  July  1999  on  the  limitation  of  exposure  of  the 
general public to electromagnetic fields (0 Hz to 300 GHz) (OJ L 1999, 30.7.1999, p. 59). 
Directive 1999/5/EC of the European Parliament and the Council of 9 March 1999 on radio equipment 
and telecommunications terminal equipment and the mutual recognition of their conformity (OJ L 91, 
7.4.1999, p. 10). 

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from allowing on its territory the use of a specific harmonised band in accordance with Union 
legislation. 

2. Member States shall cooperate with each other in the cross-border coordination of the use 
of  radio  spectrum  in  order  to  ensure  compliance  with  paragraph  1  and  to  ensure  that  no 
Member State is denied equitable access to radio spectrum. 

3. Any concerned Member State may invite the Radio Spectrum Policy Group to use its good 
offices to assist it and any other Member State in complying with this Article. 

The  Commission  may  adopt  implementing  measures  to  ensure  that  coordinated  outcomes 
respect  the  requirement  of  equitable  access  to  radio  spectrum  among  the  relevant  Member 
States,  to  resolve  any  practical  inconsistencies  between  distinct  coordinated  outcomes 
between different Member States, or to ensure the enforcement of coordinated solutions under 
Union  law.Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 33(2). 

Section 2 – European virtual access products  

Article 17 – European virtual broadband access product  

1. The provision of a virtual broadband access product imposed in accordance with Article 8 
and  12  of  Directive  2002/19/EC  shall  be  considered  as  the  provision  of  a  European  virtual 
broadband access product if it is supplied in accordance with the minimum parameters listed 
in  one  of  the  Offers  set  out  in  Annex  I  and  cumulatively  meets  the  following  substantive 
requirements:  

(a) ability to be offered as a high quality product anywhere in the Union;  

(b) maximum degree of network and service interoperability and non-discriminatory network 
management between operators consistently with network topology;  

(c) capacity to serve end-users on competitive terms; 

(d)  cost-effectiveness,  taking  into  account  the  capacity  to  be  implemented  on  existing  and 
newly built networks and to co-exist with other access products that may be provided on the 
same network infrastructure;  

(e)  operational  effectiveness,  in  particular  in  respect  of  limiting  to  the  extent  possible 
implementation  obstacles  and  deployment  costs  for  virtual  broadband  access  providers  and 
virtual broadband access seekers;  

(f)  respect  of  the  rules  on  protection  of  privacy,  personal  data,  security  and  integrity  of 
networks and transparency in conformity with Union law. 

2. 
The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 32 in order to adapt Annex I in light of market and technological developments, so as 
to continue to meet the substantive requirements listed in paragraph 1.  

Article 18 – Regulatory conditions related to European virtual broadband access product  

1. A national regulatory authority which has previously imposed on an operator in accordance 
with Articles 8 and 12 of Directive 2002/19/EC any obligation to provide wholesale access to 
a next-generation network shall assess whether it would be appropriate and proportionate to 
impose  instead  an  obligation  to  supply  a  European  virtual  broadband  access  product  which 
provides at least equivalent functionalities to the currently imposed wholesale access product.  

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National regulatory authorities referred to in the first subparagraph shall conduct the requisite 
assessment of existing wholesale access remedies as soon as possible after the entry into force 
of this Regulation, irrespective of the timing of the analysis of relevant markets in accordance 
with Article 16(6) of Directive 2002/21/EC. 

Where a national regulatory authority which has previously imposed an obligation to provide 
virtual  broadband  access  considers,  following  its  assessment  pursuant  to  the  first  sub-
paragraph, that a European virtual broadband access product is not appropriate in the specific 
circumstances, it shall provide a reasoned explanation in its draft measure in accordance with 
the procedure set out in Articles 6 and 7 of Directive 2002/21/EC. 

2.  Where  a  national  regulatory  authority  intends  to  impose  on  an  operator  an  obligation  to 
provide wholesale access to a next-generation network in accordance with Articles 8 and 12 
of  Directive  2002/19/EC,  it  shall  assess  in  particular,  in  addition  to  the  factors  set  out  in 
Article 12(2) of that Directive, the respective merits of imposing 

(i) a passive wholesale input, such as physical unbundled access to the local loop or the sub-
loop; 

(ii)  a  non-physical  or  virtual  wholesale  input  offering  equivalent  functionalities,  and  in 
particular  a  European  virtual  broadband  access  product  that  satisfies  the  substantive 
requirements  and  parameters  set  out  in  Article  17(1)  and  in  Annex  I,  point  1,  of  this 
Regulation.  

3.  By  way  of  derogation  from  Article  12(3)  of  Directive  2002/19/EC,  where  a  national 
regulatory  authority  intends  to  impose  on  an  operator  an  obligation  to  provide  virtual 
broadband  access  in  accordance  with  Articles  8  and  12  of  that  Directive,  it  shall  impose  an 
obligation to supply a European virtual broadband access product which has the most relevant 
functionalities  to  meet  the  regulatory  need  identified  in  its  assessment.  Where  a  national 
regulatory authority considers that a European virtual broadband access product would not be 
appropriate in the specific circumstances, it shall provide a reasoned explanation in its draft 
measure in accordance with the procedure set out in Articles 6 and 7 of Directive 2002/21/EC. 

4.  When  assessing  pursuant  to  paragraphs  1,  2  or  3  whether  to  impose  a  European  virtual 
broadband access product instead of any other possible wholesale access product, the national 
regulatory  authority  shall  have  regard  to  the  interest  in  convergent  regulatory  conditions 
throughout  the  Union  for  wholesale  access  remedies,  the  current  and  prospective  state  of 
infrastructure-based competition and the evolution of market conditions towards provision of 
competing  next-generation  networks,  to  investments  made  respectively  by  the  operator 
designated as having significant market power and by access-seekers, and to the amortisation 
period for such investments. 

The  national  regulatory  authority  shall  set  a  transitional  period  for  replacing  an  existing 
wholesale access product by a European virtual broadband access product if necessary. 

5.  By  way  of  derogation  from  Article  9(3)  of  Directive  2002/19/EC,  where  an  operator  has 
obligations under Articles 8 and 12 of that Directive to provide a European virtual broadband 
access product, national regulatory authorities shall ensure the publication of a reference offer 
containing at least the elements set out in Annex I, point 1, point 2 or point 3, as the case may 
be. 

6.  By  way  of  derogation  from  Article  16(3)  of  Directive  2002/21/EC,  a  national  regulatory 
authority  shall  not  impose  a  mandatory  period  of  notice  before  withdrawing  a  previously 
imposed  obligation  to  offer  a  European  virtual  broadband  access  product  that  satisfies  the 
substantive requirements and parameters set out in  Article  17(1) and in  Annex I, point  2 of 

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this Regulation, if the operator concerned voluntarily commits to make such product available 
at the request of third parties on fair and reasonable terms for a further period of three years. 

7.  Where  a  national  regulatory  authority  is  considering,  in  the  context  of  an  assessment 
pursuant  to  paragraphs  2  or  3,  whether  or  not  to  impose  or  maintain  price  controls  in 
accordance with Article 13 of Directive 2002/19/EC for wholesale access to next-generation 
networks,  whether  by  means  of  one  of  the  European  virtual  broadband  access  products  or 
otherwise, it shall consider the state of competition in respect of the prices, choice and quality 
of products offered at retail level. It shall have regard to the effectiveness of protection against 
discrimination  at  wholesale  level  and  to  the  state  of  infrastructure-based  competition  from 
other fixed line or wireless networks, giving due weight to the role of existing infrastructure-
based  competition  between  next-generation  networks  in  driving  further  improvements  in 
quality for end users, in order to determine whether price controls for wholesale access would 
not be necessary or proportionate in the specific case.  

Article 19 – Assured service quality (ASQ) connectivity product 

1.  Any  operator  shall  have  the  right  to  provide  a  European  ASQ  connectivity  product  as 
specified in paragraph 4. 

2. Any operator shall meet any reasonable request to provide a European ASQ connectivity 
product  as  specified  in  paragraph  4  submitted  in  writing  by  an  authorised  provider  of 
electronic communications services. Any refusal to provide a European ASQ product shall be 
based  on  objective  criteria.  The  operator  shall  state  the  reasons  for  any  refusal  within  one 
month from the written request.  

It shall be deemed to be an objective ground of refusal that the party requesting the supply of 
a  European  ASQ  connectivity  product  is  unable  or  unwilling  to  make  available,  whether 
within the Union or in third countries, a European ASQ connectivity product to the requested 
party on reasonable terms, if the latter so requests.  

3.  Where  the  request  is  refused  or  agreement  on  specific  terms  and  conditions,  including 
price, has not been reached within two months from the written request, either party is entitled 
to  refer  the  issue  to  the  relevant  national  regulatory  authority  pursuant  to  Article  20  of 
Directive 2002/21/EC. In such a case, Article 3(6) of this Regulation may apply. 

4. The provision of a connectivity product shall be considered as the provision of a European 
ASQ connectivity product if it is supplied in accordance with the minimum parameters listed 
in Annex II and cumulatively meets the following substantive requirements: 

(a) ability to be offered as a high quality product anywhere in the Union;  

(b) enabling service providers to meet the needs of their end-users; 

(c) cost-effectiveness, taking into account existing solutions that may be provided on the same 
networks;  

(d)  operational  effectiveness,  in  particular  in  respect  of  limiting  to  the  extent  possible 
implementation obstacles and deployment costs for customers; and 

(e)  ensuring  that  the  rules  on  protection  of  privacy,  personal  data,  security  and  integrity  of 
networks and transparency in accordance with Union law are respected. 

5. The Commission shall be empowered to adopt delegated acts in accordance with Article 32 
in  order  to  adapt  Annex  II  in  light  of  market  and  technological  developments,  so  as  to 
continue to meet the substantive requirements listed in paragraph 4.  

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Article 20 – Measures relating to European access products  

1.  The  Commission  shall  adopt  by  1  January  2016  implementing  acts  laying  down  uniform 
technical  and  methodological  rules  for  the  implementation  of  a  European  virtual  broadband 
access product within the meaning of Article 17 and of Annex I, point 1, in accordance with 
the  criteria  and  parameters  specified  therein  and  in  order  to  ensure  the  equivalence  of  the 
functionality of such a virtual wholesale access product to next-generation networks with that 
of  a  physical  unbundled  access  product.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 33(2). 

2.  The  Commission  may  adopt  implementing  acts  laying  down  uniform  technical  and 
methodological rules for the implementation of one or more of the European access products 
within the meaning of  Articles  17 and 19 and of Annex I, points 2 and  3,  and  Annex II, in 
accordance with the respective criteria and parameters specified therein. Those implementing 
acts  shall  be  adopted  in  accordance  with  the  examination  procedure  referred  to  in  Article 
33(2). 

Chapter IV  
Harmonised rights of end-users 

Article 21 – Elimination of restrictions and discrimination 

1.  The  freedom  of  end-users  to  use  public  electronic  communications  networks  or  publicly 
available  electronic  communications  services  provided  by  an  undertaking  established  in 
another Member State shall not be restricted by public authorities.  

2.  Providers  of  electronic  communications  to  the  public  shall  not  apply  any  discriminatory 
requirements or conditions of access or use to end-users based on the end-user's nationality or 
place of residence unless such differences are objectively justified. 

3. Providers of electronic communications to the public shall not apply tariffs for intra-Union 
communications  terminating  in  another  Member  State  which  are  higher,  unless  objectively 
justified:  

a) as regards fixed communications, than tariffs for domestic long-distance communications; 

b)  as  regards  mobile  communications,  than  the  euro-tariffs  for  regulated  voice  and  SMS 
roaming communications, respectively, established in Regulation (EC) No 531/2012.  

Article 22 - Cross-border dispute resolution  

1.  The  out-of-court  procedures  set  up  in  accordance  with  Article 34 (1) of  Directive 
2002/22/EC  shall  also  apply  to  disputes  related  to  contracts  between  consumers,  and  other 
end-users  to  the  extent  that  such  out-of-court  procedures  are  available  also  for  them,  and 
providers  of  electronic  communications  to  the  public  which  are  established  in  another 
Member State. For disputes within the scope of Directive 2013/11/EU33, the provisions of that 
Directive shall apply. 

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Directive  2013/11/EU  of  the  European  Parliament  and  of  the  Council  of  21  May  2013  on  alternative 
dispute  resolution  for  consumer  disputes  and  amending  Regulation  (EC) No 2006/2004  and  Directive 
2009/22/EC, OJ L 165 of 18 June 2013, p.63. 

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Article 23 - Freedom to provide and avail of open internet access, and reasonable traffic 
management  

1.  End-users  shall  be  free  to  access  and  distribute  information  and  content,  run  applications 
and use services of their choice via their internet access service. 

End-users shall be free to enter into agreements on data volumes and speeds with providers of 
internet access services and, in accordance with any such agreements relative to data volumes, 
to avail of any offers by providers of internet content, applications and services.  

2. End-users shall also be free to agree with either providers of electronic communications to 
the  public  or  with  providers  of  content,  applications  and  services  on  the  provision  of 
specialised services with an enhanced quality of service.  

In  order  to  enable  the  provision  of  specialised  services  to  end-users,  providers  of  content, 
applications  and  services  and  providers  of  electronic  communications  to  the  public  shall  be 
free to enter into agreements with each other to transmit the related data volumes or traffic as 
specialised services with a defined quality of service or dedicated capacity. The provision of 
specialised services shall not impair in a recurring or continuous manner the general quality of 
internet access services. 

3. This Article is without prejudice to Union or national legislation related to the lawfulness 
of the information, content, application or services transmitted. 

4. The exercise of the freedoms provided for in paragraphs 1 and 2 shall be facilitated by the 
provision  of  complete  information  in  accordance  with  Article  25(1),  Article 26 (2),  and 
Article 27 (1) and (2). 

5.  Within  the  limits  of  any  contractually  agreed  data  volumes  or  speeds  for  internet  access 
services, providers of internet access services shall not restrict the freedoms provided for in 
paragraph 1 by blocking, slowing down, degrading or discriminating against specific content, 
applications  or  services,  or  specific  classes  thereof,  except  in  cases  where  it  is  necessary  to 
apply  reasonable  traffic  management  measures.  Reasonable  traffic  management  measures 
shall be transparent, non-discriminatory, proportionate and necessary to: 

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

b) preserve the integrity and security of the network, services provided via this network, and 
the end-users' terminals; 

c) prevent the transmission of unsolicited communications to end-users who have given their 
prior consent to such restrictive measures;  

d)  minimise  the  effects  of  temporary  or  exceptional  network  congestion  provided  that 
equivalent types of traffic are treated equally. 

Reasonable  traffic  management  shall  only  entail  processing  of  data  that  is  necessary  and 
proportionate to achieve the purposes set out in this paragraph. 

Article 24 - Safeguards for quality of service 

1. National regulatory authorities shall closely monitor and ensure the effective ability of end-
users  to  benefit  from  the  freedoms  provided  for  in  Article  23 (1)  and  (2),  compliance  with 
Article 23 (5), and the continued availability of non-discriminatory internet access services at 
levels of quality that reflect advances in technology and that are not impaired by specialised 

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services.  They  shall,  in  cooperation  with  other  competent  national  authorities,  also  monitor 
the  effects  of  specialised  services  on  cultural  diversity  and  innovation.  National  regulatory 
authorities shall report on an annual basis to the Commission and BEREC on their monitoring 
and findings.  

2. In order to prevent the general impairment of quality of service for internet access services 
or to safeguard the ability of end-users to access and distribute content or information or to 
run  applications  and  services  of  their  choice,  national  regulatory  authorities  shall  have  the 
power  to  impose  minimum  quality  of  service  requirements  on  providers  of  electronic 
communications to the public. 

National  regulatory  authorities  shall,  in  good  time  before  imposing  any  such  requirements, 
provide  the  Commission  with  a  summary  of  the  grounds  for  action,  the  envisaged 
requirements and the proposed course of action. This information shall also be made available 
to  BEREC.  The  Commission  may,  having  examined  such  information,  make  comments  or 
recommendations  thereupon,  in  particular  to  ensure  that  the  envisaged  requirements  do  not 
adversely affect the functioning of the internal market. The envisaged requirements shall not 
be  adopted  during  a  period  of  two  months  from  the  receipt  of  complete  information  by  the 
Commission  unless  otherwise  agreed  between  the  Commission  and  the  national  regulatory 
authority,  or  the  Commission  has  informed  the  national  regulatory  authority  of  a  shortened 
examination  period,  or  the  Commission  has  made  comments  or  recommendations.  National 
regulatory  authorities  shall  take  the  utmost  account  of  the  Commission’s  comments  or 
recommendations  and  shall  communicate  the  adopted  requirements  to  the  Commission  and 
BEREC.  

3.  The  Commission  may  adopt  implementing  acts  defining  uniform  conditions  for  the 
implementation of the obligations of national competent authorities under this Article. Those 
implementing acts shall be adopted in accordance with the examination procedure referred to 
in Article 33 (2). 

Article 25 - Transparency and publication of information 

1.  Providers  of  electronic  communications  to  the  public  shall,  save  for  offers  which  are 
individually negotiated, publish transparent, comparable, adequate and up-to-date information 
on: 

a) their name, address and contact information; 

b) for each tariff plan the services offered and the relevant quality of service parameters, the 
applicable prices (for consumers including taxes) and any applicable charges (access, usage, 
maintenance and any additional charges), as well as costs with respect to terminal equipment; 

c) applicable tariffs regarding any number or service subject to particular pricing conditions;  

d)  the  quality  of  their  services,  in  accordance  with  implementing  acts  provided  for  in 
paragraph 2; 

e) internet access services, where offered, specifying the following:  

(i) actually available data speed for download and upload in the end-user's Member State of 
residence, including at peak-hours; 

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(ii)  the  level  of  applicable  data  volume  limitations,  if  any;  the  prices  for  increasing  the 
available data volume on an ad hoc or lasting basis; the data speed, and its cost, available after 
full  consumption  of  the  applicable  data  volume,  if  limited;  and  the  means  for  end-users  to 
monitor at any moment the current level of their consumption; 

(iii) a clear and comprehensible explanation as to how any data volume limitation, the actually 
available speed and other quality parameters, and the simultaneous use of specialised services 
with an enhanced quality  of  service,  may practically impact the use of content, applications 
and services; 

(iv) information on any procedures put in place by the provider to measure and shape traffic 
so  as  to  avoid  congestion  of  a  network,  and  on  how  those  procedures  could  affect  service 
quality and the protection of personal data; 

f) measures taken to ensure equivalence in access for disabled end-users, including regularly 
updated information on details of products and services designed for them; 

g)  their  standard  contract  terms  and  conditions,  including  any  minimum  contractual  period, 
the conditions for and any charges due on early termination of a contract, the procedures and 
direct  charges  related  to  switching  and  portability  of  numbers  and  other  identifiers,  and 
compensation arrangements for delay or abuse of switching; 

h) access to emergency services and caller location information for all services offered, any 
limitations on the provision of emergency services under Article 26 of Directive 2002/22/EC, 
and any changes thereto; 

i) rights as regards universal service, including, where appropriate, the facilities and services 
mentioned in Annex I to Directive 2002/22/EC. 

The information shall be published in a clear, comprehensive and easily accessible form in the 
official  language(s)  of  the  Member  State  where  the  service  is  offered,  and  be  updated 
regularly.  The  information  shall,  on  request,  be  supplied  to  the  relevant  national  regulatory 
authorities  in  advance  of  its  publication.  Any  differentiation  in  the  conditions  applied  to 
consumers and other end-users shall be made explicit.  

2. The Commission may adopt implementing acts specifying the methods for measuring the 
speed  of  internet  access  services,  the  quality  of  service  parameters  and  the  methods  for 
measuring  them,  and  the  content,  form  and  manner  of  the  information  to  be  published, 
including possible quality certification mechanisms. The Commission may take into account 
the  parameters,  definitions  and  measurement  methods  set  out  in  Annex  III  of  the  Directive 
2002/22/EC  .Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 33(2).  

3. End-users shall have access to independent evaluation tools allowing them to compare the 
performance  of  electronic  communications  network  access  and  services  and  the  cost  of 
alternative usage patterns. To this end Member States  shall establish a voluntary certification 
scheme for interactive websites, guides or similar tools. Certification shall be granted on the 
basis  of  objective,  transparent  and  proportionate  requirements,  in  particular  independence 
from any provider of electronic communications to the public, the use of plain language, the 
provision  of  complete  and  up-to-date  information,  and  the  operation  of  an  effective 
complaints handling procedure.  Where certified comparison facilities are not available on the 
market  free  of  charge  or  at  a  reasonable  price,  national  regulatory  authorities  or  other 
competent national authorities shall make such facilities available themselves or through third 

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parties  in  compliance  with  the  certification  requirements.  The  information  published  by 
providers of electronic communications to the public shall be accessible, free of  charge, for 
the purposes of making available comparison facilities. 

4. Upon request of the relevant public authorities, providers of electronic communications to 
the  public  shall  distribute  public  interest  information  free  of  charge  to  end-users,  where 
appropriate,  by  the  same  means  as  those  ordinarily  used  by  them  in  their  communications 
with  end-users.  In  such  a  case,  that  information  shall  be  provided  by  the  relevant  public 
authorities  to  the  providers  of  electronic  communications  to  the  public  in  a  standardised 
format and may, inter alia, cover the following topics: 

(a)  the  most  common  uses  of  electronic  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 

(b) the means of protection against risks to personal security and unlawful access to personal 
data when using electronic communications services. 

Article 26 - Information requirements for contracts  

1.  Before  a  contract  on  the  provision  of  connection  to  a  public  electronic  communications 
network or publicly available electronic communications services becomes binding providers 
of  electronic  communications  to  the  public  shall  provide  consumers,  and  other  end-users 
unless they have explicitly agreed otherwise, at least the following information: 

(a) the identity, address and contact information of the provider and, if different, the address 
and contact information for any complaints; 

(b) the main characteristics of the services provided, including in particular: 

(i) for each tariff plan the types of services offered, the included volumes of communications 
and all relevant quality of service parameters, including the time for the initial connection; 

(ii) whether  and  in  which  Member  States  access  to  emergency  services  and  caller  location 
information is being provided and any limitations on the provision of emergency services in 
accordance with Article 26 of Directive 2002/22/EC; 

(iii) the  types  of  after–sales  services,  maintenance  services  and  customer  support  services 
provided,  the  conditions  and  charges  for  these  services,  and  the  means  of  contacting  these 
services; 

(iv) any  restrictions  imposed  by  the  provider  on  the  use  of  terminal  equipment  supplied, 
including  information  on  unlocking  the  terminal  equipment  and  any  charges  involved  if  the 
contract is terminated before the end of the minimum contract period; 

(c)  details  of  prices  and  tariffs  (for  consumers  including  taxes  and  possibly  due  additional 
charges) and the means by which up-to-date information on all applicable tariffs and charges 
are made available;  

(d)  payment  methods  offered  and  any  cost  differences  due  to  the  payment  method,  and 
available facilities to safeguard bill transparency and monitor the level of consumption ; 

(e) the duration of the contract and the conditions for renewal and termination, including: 

(i) any minimum usage or duration required to benefit from promotional terms; 

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(ii) any  charges  related  to  switching  and  portability  of  numbers  and  other  identifiers, 
including compensation arrangements for delay or abuse of switching;  

(iii)  any  charges  due  on  early  termination  of  the  contract,  including  any  cost  recovery  with 
respect  to  terminal  equipment  (on  the  basis  of  customary  depreciation  methods)  and  other 
promotional advantages (on a pro rata temporis basis); 

(f)  any  compensation  and  refund  arrangements,  including  an  explicit  reference  to  statutory 
rights of the end-user, which apply if contracted service quality levels are not met;  

(g)  where  an  obligation  exists  in  accordance  with  Article  25  of  Directive  2002/22/EC,  the 
end-users' options as to whether or not to include their personal data in a directory, and the 
data concerned; 

(h) for disabled end-users, details of products and services designed for them;  

(i)  the  means  of  initiating  procedures  for  the  settlement  of  disputes,  including  cross-border 
disputes,  in  accordance  with  Article  34  of  Directive  2002/22/EC  and  Article  22  of  this 
Regulation; 

(j) the type of action that might be taken by the provider in reaction to security or integrity 
incidents or threats and vulnerabilities. 

2.  In  addition  to  paragraph  1,  providers  of  electronic  communications  to  the  public  shall 
provide end-users, unless otherwise agreed by an end-user who is not a consumer, at least the 
following information with respect to their internet access services: 

(a) the  level  of  applicable  data  volume  limitations,  if  any;  the  prices  for  increasing  the 
available data volume on an ad hoc or lasting basis; the data speed, and its cost, available after 
full  consumption  of  the  applicable  data  volume,  if  limited;  and  how  end-users  can  at  any 
moment monitor the current level of their consumption;  

(b) the actually available data speed for download and upload at the main location of the end-
user,  including  actual  speed  ranges,  speed  averages  and  peak-hour  speed,  including  the 
potential impact of allowing access to third parties through a radio local area network ; 

(c) other quality of service parameters;; 

(d) information on any procedures put in place by the provider to measure and shape traffic so 
as to avoid congestion of a network, and information on how those procedures could impact 
on service quality and protection of personal data; 

(e) a  clear  and  comprehensible  explanation  as  to  how  any  volume  limitation,  the  actually 
available  speed  and  other  quality  of  service  parameters,  and  the  simultaneous  use  of 
specialised  services  with  an  enhanced  quality  of  service,  may  practically  impact  the  use  of 
content, applications and services. 

3. The  information  referred  to  in  paragraphs  1  and  2  shall  be  provided  in  a  clear, 
comprehensive  and  easily  accessible  manner  and  in  an  official  language  of  the  end-user's 
Member State of residence, and shall be updated regularly. It shall form an integral part of the 
contract and shall not be altered unless the contracting parties expressly agree otherwise. The 
end-user shall receive a copy of the contract in writing. 

4.  The  Commission  may  adopt  implementing  acts  specifying  the  details  of  the  information 
requirements listed in paragraph 2. Those implementing acts shall be adopted in accordance 
with the examination procedure referred to in Article 33(2).  

5.  The  contract  shall  also  include,  upon  request  by  the  relevant  public  authorities,  any 
information  provided  by  these  authorities  for  this  purpose  on  the  use  of  electronic 

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communications  networks  and  services  to  engage  in  unlawful  activities  or  to  disseminate 
harmful  content,  and  on  the  means  of  protection  against  risks  to  personal  security  and 
unlawful processing of personal data, referred to in Article 25(4) and relevant to the service 
provided. 

Article 27 – Control of consumption 

1. Providers of electronic communications to the public shall offer end-users the opportunity 
to  opt,  free  of  charge,  for  a  facility  which  provides  information  on  the  accumulated 
consumption  of  different  electronic  communications  services  expressed  in  the  currency  in 
which  the  end-user  is  billed.  Such  a  facility  shall  guarantee  that,  without  the  end-user's 
consent,  the  accumulated  expenditure  over  a  specified  period  of  use  does  not  exceed  a 
specified financial limit set by the end-user.  

2.  Providers  of  electronic  communications  to  the  public  shall  ensure  that  an  appropriate 
notification is sent to the end-user when the consumption of services has reached 80% of the 
financial  limit  set  in  accordance  with  paragraph 1.  The  notification  shall  indicate  the 
procedure to be followed to continue the provision of those services, including their cost. The 
provider shall cease to provide the specified services and to charge the end-user for it if the 
financial  limit  would  otherwise  be  exceeded,  unless  and  until  the  end-user  requests  the 
continued  or  renewed  provision  of  those  services.  After  having  reached  the  financial  limit 
end-users shall continue to be able to receive calls and SMS messages and access free-phone 
numbers  and  emergency  services  by  dialling  the  European  emergency  number  112  free  of 
charge until the end of the agreed billing period.  

3. Providers of electronic communications to the public shall, immediately prior to connecting 
the  call,  enable  end-users  to  access  easily  and  without  incurring  any  costs  information  on 
applicable  tariffs  regarding  any  number  or  service  subject  to  particular  pricing  conditions 
unless  the  national  regulatory  authority  has  granted  a  prior  derogation  for  reasons  of 
proportionality. Any such information shall be provided in a comparable fashion for all such 
numbers or services. 

4. Providers of electronic communications to the public shall offer end-users the opportunity 
to opt, free of charge for receiving itemised bills.  

Article 28 - Contract termination  

1. Contracts concluded between consumers and providers of electronic communications to the 
public  shall  not  provide  for  a  minimum  duration  that  exceeds  24  months.  Providers  of 
electronic  communications  to  the  public  shall  offer  end-users  the  possibility  to  conclude  a 
contract with a maximum duration of 12 months.  

2. Consumers, and other end-users unless they have otherwise agreed, shall have the right to 
terminate a contract with a one-month notice period, where six months or more have elapsed 
since  conclusion  of  the  contract.  No  compensation  shall  be  due  other  than  for  the  residual 
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. 

3. Where the contracts or national law provide for contract periods to be extended tacitly, the 
provider of electronic communications to the public shall inform the end-user in due time so 
that the end-user has at least one month to oppose a tacit extension. If the end-user does not 

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oppose, the contract shall be deemed to be a permanent contract which can be terminated by 
the end-user at any time with a one-month notice period and without incurring any costs.  

4. 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  electronic 
communications  to  the  public  unless  the  proposed  changes  are  exclusively  to  the  benefit  of 
the end-user. Providers shall give end-users adequate notice, not shorter than one month, 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.  Paragraph  2 
shall apply mutatis mutandis. 

5. Any significant and non-temporary discrepancy between the actual performance regarding 
speed or other quality parameters and the performance indicated by the provider of electronic 
communications  to  the  public  in  accordance  with  Article  26  shall  be  considered  as  non-
conformity  of  performance  for  the  purpose  of  determining  the  end-user's  remedies  in 
accordance with national law.  

6.  A  subscription  to  additional  services  provided  by  the  same  provider  of  electronic 
communications to the public shall not re-start the initial contract period unless the price of 
the  additional  service(s)  significantly  exceeds  that  of  the  initial  services  or  the  additional 
services  are  offered  at  a  special  promotional  price  linked  to  the  renewal  of  the  existing 
contract.  

7. Providers of electronic communications to the public shall apply conditions and procedures 
for  contract  termination  which  do  not  raise  obstacles  to  or  disincentives  against  changing 
service provider. 

Article 29 - Bundled offers 

If a bundle of services offered to consumers comprises at least a connection to an electronic 
communications network or one electronic communications service, Articles 28 and 30 of this 
Regulation shall apply to all elements of the bundle. 

Chapter V  
Facilitating change of providers  

Article 30 - Switching and portability of numbers  

1. All end-users with numbers from a national telephone numbering plan who so request shall 
have  the  right  to  retain  their  number(s)  independently  of  the  provider  of  electronic 
communications to the public providing the service in accordance with Part C of Annex I to 
Directive 2002/22/EC, provided the provider is an electronic communications provider in the 
Member  State  to  which  the  national  numbering  plan  relates  or  is  a  European  electronic 
communications  provider  which  has  notified  to  the  competent  regulatory  authority  of  the 
home  Member  State  the  fact  that  it  provides  or  intends  to  provide  such  services  in  the 
Member State to which the national numbering plan relates.  

2.  Pricing  between  providers  of  electronic  communications  to  the  public  related  to  the 
provision of number portability shall be cost-oriented, and direct charges to end-users, if any, 
shall not act as a disincentive for end-users against changing provider. 

3.  Porting  of  numbers  and  their  activation  shall  be  carried  out  within  the  shortest  possible 
time. For end-users who have concluded an agreement to port a number to a new provider that 

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number  shall  be  activated  within  one  working  day  from  the  conclusion  of  such  agreement. 
Loss of service during the process of porting, if any, shall not exceed one working day.  

4. The receiving provider of electronic communications to the public shall lead the switching 
and  porting  process.  End-users  shall  receive  adequate  information  on  switching  before  and 
during the switching process, and also immediately after it is concluded. End-users shall not 
be switched to another provider against their will.  

5.  The  end-users’  contracts  with  transferring  providers  of  electronic  communications  to  the 
public shall be terminated automatically after conclusion of the switch. Transferring providers 
of electronic communications to the public shall refund any remaining credit to the consumers 
using pre-paid services.  

6.  Providers  of  electronic  communications  to  the  public  which  delay  or  abuse  switching, 
including by not making available information necessary for porting in a timely manner, shall 
be obliged to compensate end-users who are exposed to such delay or abuse. 

7. In the event that an end-user switching to a new provider of internet access services has an 
email address provided by the transferring provider, the latter shall, upon request by the end-
user,  forward  to  any  email  address  indicated  by  the  end-user,  free  of  charge,  all  email 
communications  addressed  to  the  end-user’s  previous  email  address  for  a  period  of  12 
months.  This  email  forwarding  service  shall  include  an  automatic  response  message  to  all 
email senders alerting them about the end-user's new email address. The end-user shall have 
the option of requesting that the new email address should not be disclosed in the automatic 
response message.  

Following the initial 12-month period, the transferring provider of electronic communications 
to the public shall give the end-user an option to extend the period for email forwarding, at a 
charge if required. The transferring provider of electronic communications to the public shall 
not  allocate  the  end-users’  initial  email  address  to  another  end-user  before  a  period  of  two 
years following contract  termination, and in any case during the period for which the email 
forwarding has been extended.  

8.  The  competent  national  authorities  may  establish  the  global  processes  of  switching  and 
porting, including provision of appropriate sanctions on providers and compensations for end-
users.  They  shall  take  into  account  necessary  end-user  protection  throughout  the  switching 
process and the need to ensure efficiency of such process. 

Chapter VI  
Organisational and final provisions  

Article 31 - Penalties 

Member  States  shall  lay  down  the  rules  on  penalties  applicable  to  infringements  of  the 
provisions  of  this  Regulation  and  shall  take  all  measures  necessary  to  ensure  that  they  are 
implemented.  The  penalties  provided  for  must  be  effective,  proportionate  and  dissuasive. 
Member States shall notify those provisions to the Commission by 1 July 2016 at the latest 
and shall notify it without delay of any subsequent amendment affecting them. 

With regard to European electronic communications providers, penalties shall be imposed in 
accordance  with  Chapter  II  regarding  the  respective  competences  of  national  regulatory 
authorities in the home and host Member States. 

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Article 32 – Delegation of powers  

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions 
laid down in this Article.  

2. The power to adopt delegated acts referred to in Articles 17(2) and 19(5) shall be conferred 
on the Commission for an indeterminate period of time from the [date entry into force of the 
Regulation]  

3. The delegation of power referred to in Articles 17(2) and 19(5) may be revoked at any time 
by the European Parliament or by the Council. A decision of revocation shall put an end to the 
delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day  following  the 
publication  of  the  decision  in  the  Official  Journal  of  the  European  Union  or  at  a  later  date 
specified therein. It shall not affect the validity of any delegated acts already in force.  

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the 
European Parliament and to the Council.  

5. A delegated act adopted pursuant to Articles 17(2) and 19(5) shall enter into force only if 
no  objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council  within  a 
period of two months of notification of that act to the European Parliament and the Council or 
if,  before  the  expiry  of  that  period,  the  European  Parliament  and  the  Council  have  both 
informed  the  Commission  that  they  will  not  object.  That  period  shall  be  extended  by  two 
months at the initiative of the European Parliament or the Council. 

Article 33 – Committee procedure 

1.  The  Commission  shall  be  assisted  by  the  Communications  Committee  established  by 
Article  22(1)  of  Directive  2002/21/EC.  That  committee  shall  be  a  committee  within  the 
meaning of Regulation (EU) No 182/2011.  

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall 
apply. 

Article 34 – Amendments to Directive 2002/20/EC 

In Article 3(2), the second subparagraph is deleted. 

Article 35 – Amendments to Directive 2002/21/EC 

Directive 2002/21/EC is amended as follows: 

(1) In Article 1, the following paragraph 6 is added: 

ʻThis  Directive  and  the  Specific  Directives  shall  be  interpreted  and  applied  in  conjunction 
with the provisions of Regulation No [XX/2014].ʼ 

(2) Article 7a is amended as follows:  

– 

(a) in paragraph 1, the first sub-paragraph is replaced by the following: 

ʻ1.  Where  an  intended  measure  covered  by  Article  7(3)  aims  at  imposing,  amending  or 
withdrawing  an  obligation  on  an  operator  in  application  of  Article  16  of  this  Directive  in 
conjunction with Article 5 and Articles 9 to 13 of Directive 2002/19/EC  (Access  Directive), 
and Article 17 of Directive 2002/22/EC (Universal Service Directive), the Commission may, 
within  the  period  of  one  month  provided  for  by  Article  7(3)  of  this  Directive,  notify  the 
national  regulatory  authority  concerned  and  BEREC  of  its  reasons  for  considering  that  the 
draft  measure  would  create  a  barrier  to  the  single  market  or  its  serious  doubts  as  to  its 

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compatibility  with  Union  law,  taking  into  account  as  appropriate  any  Recommendation 
adopted pursuant to Article 19(1) of this Directive concerning the harmonised application of 
specific  provisions  of  this  Directive  and  the  Specific  Directives.  In  such  a  case,  the  draft 
measure  shall  not  be  adopted  for  a  further  three  months  following  the  Commission's 
notification.ʼ 

– 

(b) paragraph 2 is replaced by the following: 

ʻ2. Within the three-month period referred to in paragraph 1, the Commission, BEREC and 
the  national  regulatory  authority  concerned  shall  cooperate  closely  to  identify  the  most 
appropriate and effective measure in the light of the objectives laid down in Article 8, whilst 
taking due account of the views of market participants and the need to ensure the development 
of consistent regulatory practice. When the intended measure aims at imposing, amending or 
withdrawing  an  obligation  on  a  European  electronic  communications  provider  within  the 
meaning of Regulation [XXX/2014] in a host Member State, the national regulatory authority 
of the home Member State may also participate in the cooperation process.ʼ 

– 

(c) in paragraph 5 the following point (aa) is inserted:  

ʻ(aa) take a decision requiring the national regulatory authority concerned to withdraw the 
draft measure, together with specific proposals for amending it, when the intended measure 
aims  at  imposing,  amending  or  withdrawing  an  obligation  on  a  European  electronic 
communications provider within the meaning of Regulation [XXX/2014].ʼ 

– 

(d) in paragraph 6 the following sub-paragraph is added:  

ʻArticle 7(6) shall apply in the cases where the Commission takes a decision in accordance 
with paragraph 5 point (aa)ʼ.  

(3) Article 15 is amended as follows: 

– 

(a)  the  following  sub-paragraph  is  inserted  between  the  first  and  second  sub-
paragraphs of paragraph 1: 

ʻIn assessing whether a given market has characteristics which may justify the imposition of 
ex-ante regulatory obligations, and therefore has to be included in the Recommendation, the 
Commission shall have regard in particular to the need for convergent regulation throughout 
the Union, to the need to promote efficient investment and innovation in the interests of end 
users  and  of  the  global  competitiveness  of  the  Union  economy,  and  to  the  relevance  of  the 
market concerned, alongside other factors such as existing infrastructure-based competition 
at  retail  level,  to  competition  on  the  prices,  choice  and  quality  of  products  offered  to  end 
users.  The  Commission  shall  consider  all  relevant  competitive  constraints,  irrespective  of 
whether the networks, services or applications which impose such constraints are deemed to 
be electronic communications networks, electronic communications services, or other types of 
service or application which are comparable from the perspective of the end-user, in order to 
determine  whether,  as  a  general  matter  in  the  Union  or  a  significant  part  thereof,  the 
following three criteria are cumulatively met: 

(a) the presence of high and non-transitory structural, legal or regulatory barriers to entry; 

(b) the market structure does not tend towards effective competition within the relevant time 
horizon, having regard to the state of infrastructure-based and other competition behind the 
barriers to entry; 

(c)  competition  law  alone  is  insufficient  to  adequately  address  the  identified  market 
failure(s).ʼ 

– 

(b) in paragraph 3 the following sub-paragraph is added: 

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ʻIn the exercise of its powers pursuant to Article 7, the Commission shall verify whether the 
three criteria set out in paragraph 1 are cumulatively met when reviewing the compatibility 
with Union law of a draft measure that concludes: 

(a)  that  a  given  market  that  is  not  identified  in  the  Recommendation  has  characteristics 
justifying the imposition of regulatory obligations, in the specific national circumstances; or  

b) that a market identified in the Recommendation does not require regulation in the specific 
national circumstances.ʼ 

(4) The first paragraph of Article 19 is amended as follows: 

ʻWithout prejudice to Article 9 of this Directive and Articles 6 and 8 of Directive 2002/20/EC 
(Authorisation Directive), where the Commission finds that divergences in the implementation 
by the national regulatory authorities of the regulatory tasks specified in this Directive, and 
the  Specific  Directives  and  Regulation  No  [XX/2014]  may  create  a  barrier  to  the  internal 
market,  the  Commission  may,  taking  the  utmost  account  of  the  opinion  of  BEREC,  issue  a 
recommendation  or  a  decision  on  the  harmonised  application  of  the  provisions  in  this 
Directive,  the  Specific  Directives  and  Regulation  No  [XX/2014]  in  order  to  further  the 
achievement of the objectives set out in Article 8.ʼ 

Article 36 – Amendments to Directive 2002/22/EC  

1. With effect from 1 July 2016, Directive 2002/22/EC is amended as follows: 

(1) In Article 1 (3), the first sentence is deleted. 

(2) Articles 20, 21, 22 and 30 are deleted. 

2.  Member  States  shall  maintain  in  force  until  1  July  2016  all  measures  transposing  the 
provisions referred to in paragraph 1.  

Article 37 – Amendments to Regulation (EU) No 531/2012  

Regulation (EU) No 531/2012 is amended as follows: 

(1) In Article 1(1), the following third subparagraph is inserted: 

ʻThis Regulation shall apply to roaming services provided in the Union to end users whose 
domestic  provider  is  a  provider  of  electronic  communications  to  the  public  in  a  Member 
State.ʼ 

(2) In Article 2 (2), the following point (r) is inserted: 

ʻ(r)  "bilateral  or  multilateral  roaming  agreement"  means  one  or  more  commercial  or 
technical agreements among roaming providers that allow the virtual extension of the home 
network coverage and the sustainable provision by each roaming provider of regulated retail 
roaming services at the same price level as their respective domestic mobile communications 
services.ʼ 

(3) In Article 4, the following paragraph 7 is added: 

ʻ7.This  Article  shall  not  apply  to  roaming  providers  that  provide  regulated  retail  roaming 
services in accordance with Article 4a.ʼ 

(4) The following Article 4a is inserted: 

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1. This Article shall apply to roaming providers which:  

ʻArticle 4a 

(a) apply, by default and in all their respective retail packages that include regulated roaming 
services,  the  applicable  domestic  service  rate  to  both  domestic  services  and  regulated 
roaming services throughout the Union, as if the regulated roaming services were consumed 
on the home network; and 

(b)  ensure,  whether  through  their  own  networks  or  by  virtue  of  bilateral  or  multilateral 
roaming  agreements  with  other  roaming  providers,  that  the  provisions  of  point  (a)  are 
complied with by at least one roaming provider in all Member States.  

2.  Paragraphs  1,  6  and  7  shall  not  preclude  the  limitation  by  a  roaming  provider  of 
consumption of regulated retail roaming services at the applicable domestic service rate by 
reference to a reasonable use criterion. Any reasonable use criterion shall be applied in such 
a way that consumers availing of the roaming provider's various domestic retail packages are 
in a position to confidently replicate the typical domestic consumption pattern associated with 
their  respective  domestic  retail  packages  while  periodically  travelling  within  the  Union.  A 
roaming provider availing of this possibility shall publish, in accordance with Article 25(1)(b) 
of Regulation XXX/2014, and include in its contracts, in accordance with Article 26(1)(b) and 
(c) of that Regulation, detailed quantified information on how the reasonable use criterion is 
applied, by reference to the main pricing, volume or other parameters of the retail package in 
question. 

By 31 December 2014, BEREC shall, after consulting stakeholders and in close cooperation 
with  the  Commission,  lay  down  general  guidelines  for  the  application  of  reasonable  use 
criteria in the retail contracts provided by roaming providers availing of this Article. BEREC 
shall  develop  such  guidelines  by  reference  to  the  overall  objective  set  out  in  the  first 
subparagraph,  and  shall  have  regard  in  particular  to  the  evolution  of  pricing  and 
consumption patterns in the Member States, to the degree of convergence of domestic price 
levels across the Union, to any observable effect of roaming at domestic service rates on the 
evolution of such rates, and to the evolution of wholesale roaming rates for unbalanced traffic 
between roaming providers. 

The  competent  national  regulatory  authority  shall  monitor  and  supervise  the  application  of 
reasonable use criteria, taking utmost account of the BEREC general guidelines once they are 
adopted, and shall ensure that unreasonable terms are not applied. 

3. Individual end-users served by a roaming provider availing of this Article may, upon their 
own request, make a deliberate and explicit choice to renounce the benefit of the application 
to  regulated  roaming  services  of  the  applicable  domestic  service  rate  under  a  given  retail 
package in return for other advantages offered by that provider. The roaming provider shall 
remind those end users of the nature of the roaming advantages which would thereby be lost. 
National  regulatory  authorities  shall  monitor  in  particular  whether  roaming  providers 
availing of this Article engage in business practices which would amount to circumvention of 
the default regime. 

4.  Regulated  retail  roaming  charges  laid  down  in  Articles  8,  10  and  13  shall  not  apply  to 
roaming services offered by a roaming provider availing of this Article to the extent that these 
are charged at the level of the applicable domestic service rate.  

Where  a  roaming  provider  availing  of  this  Article  applies  charges  which  are  different  from 
the  applicable  domestic  service  rate  for  consumption  of  regulated  roaming  services  going 
beyond  reasonable  use  of  such  services  in  accordance  with  paragraph  2,  or  where  an 
individual  end  user  explicitly  renounces  the  benefit  of  domestic  service  rates  for  regulated 

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roaming services in accordance with paragraph 3, the charges for those regulated roaming 
services shall not exceed the retail roaming charges laid down in Articles 8, 10 and 13.  

5. A roaming provider wishing to avail of this Article shall notify its own declaration and any 
bilateral or multilateral agreements by virtue of which it fulfills the conditions of paragraph 
1,  and  any  changes  thereto,  to  the  BEREC  Office.  The  notifying  roaming  provider  shall 
include in its notification proof of agreement to such notification by any contractual partners 
to notified bilateral or multilateral roaming agreements.  

6.  In  the  period  from  1  July  2014  until  30  June  2016,  this  Article  shall  apply  to  roaming 
providers  which  do  not  fulfill  the  conditions  set  out  in  paragraph  1,  when  they  respect  the 
following conditions: 

(a)  the  roaming  provider  notifies  its  own  declarataion  and  any  relevant  bilateral  or 
multilateral  roaming  agreements  to  the  BEREC  Office  in  accordance  with  paragraph  5, 
making specific reference to this paragraph; 

(b) the roaming provider ensures, whether through its own networks or by virtue of bilateral 
or  multilateral  roaming  agreements  with  other  roaming  providers,  that  the  conditions  of 
points (c),(d) and (e) are complied with in at least 17  Member States representing 70% of the 
population of the Union; 

(c) the roaming provider and any contractual partners within the meaning of point (b) each 
undertakes to make available and actively offer, at the latest as from 1 July 2014, or as from 
the date of notification, whichever is the later, at least one retail package with a tariff option 
according to which the applicable domestic service rate applies to both domestic services and 
regulated roaming services throughout the Union, as if those regulated roaming services were 
consumed on the home network; 

(d) the roaming provider and any contractual partners within the meaning of point (b) each 
undertakes to make available and actively offer, at the latest as from 1 July 2015, or as from 
the date of notification, whichever is the later, such tariff options in retail packages which, on 
1 January of that year, were used by at least 50% of their respective customer base; 

(e) the roaming provider and any contractual partners within the meaning of point (b) each 
undertakes to comply, at the latest as from 1  July  2016, with paragraph  1(b) in all of their 
respective retail packages. 

The  roaming  provider  availing  of  this  Article  and  any  contractual  partners  within  the 
meaning  of  point  (b)  may,  as  an  alternative  to  the  undertaking  referred  to  in  point  (d), 
undertake, as from 1 July 2015, or as from the date of notification, whichever is the later, that 
any  roaming  surcharges  applied  in  addition  to  the  applicable  domestic  service  rate  in  its 
various  retail  packages  are,  in  aggregate,  no  more  than  50%  of  those  applicable  in  those 
packages on 1 January 2015, irrespective of whether such surcharges are calculated on the 
basis  of  units  such  as  voice  minutes  or  megabytes,  of  periods  such  as  days  or  weeks  of 
roaming,  or  by  any  other  means  or  combination  thereof.  Roaming  providers  invoking  this 
point shall demonstrate compliance with the requirement of a 50% reduction to the national 
regulatory authority and shall supply all necessary supporting evidence requested of them.  

Where  the  roaming  provider  availing  of  this  Article  notifies  its  own  declaration  and  any 
relevant bilateral or multilateral roaming agreements to the BEREC Office pursuant to point 
(a)  of  the  first  subparagraph  and  thereby  falls  under  this  paragraph,  the  notifying  roaming 
provider and any contractual partners within the meaning of point (b) shall each be bound to 
comply  with  their  respective  undertakings  in  accordance  with  points  (c),  (d)  and  (e)  of  the 
first subparagraph, including any alternative undertaking to that provided for in point (d) of 
that subparagraph, until at least 1 July 2018. 

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7.  In  the  period  from  1  July  2014  until  30  June  2016,  this  Article  shall  apply  to  roaming 
providers  which  do  not  fulfill  the  conditions  set  out  in  paragraph  1,  when  they  respect  the 
following conditions: 

(a)  the  roaming  provider  notifies  its  own  declarataion  and  any  relevant  bilateral  or 
multilateral  roaming  agreements  to  the  BEREC  Office  in  accordance  with  paragraph  5, 
making specific reference to this paragraph; 

(b) the roaming provider ensures, whether through its own networks or by virtue of bilateral 
or  multilateral  roaming  agreements  with  other  roaming  providers,  that  the  conditions  of 
paragraph  1(a)  are  complied  with  in  at  least  10  Member  States  representing  30%  of  the 
population of the Union, at the latest as from 1 July 2014, or as from the date of notification, 
whichever is the later; 

(c) the roaming provider ensures, whether through its own networks or by virtue of bilateral 
or  multilateral  roaming  agreements  with  other  roaming  providers,  that  the  conditions  of 
paragraph  1(a)  are  complied  with  in  at  least  14  Member  States  representing  50%  of  the 
population of the Union, at the latest as from 1 July 2015, or as from the date of notification, 
whichever is the later; 

(d) the roaming provider ensures, whether through its own networks or by virtue of bilateral 
or  multilateral  roaming  agreements  with  other  roaming  providers,  that  the  conditions  of 
paragraph  1(a)  are  complied  with  in  at  least  17  Member  States  representing  70%  of  the 
population of the Union, at the latest as from 1 July 2016. 

Where  a  roaming  provider  availing  of  this  Article  notifies  its  own  declaration  and  any 
relevant bilateral or multilateral roaming agreements to the BEREC Office pursuant to point 
(a)  of  the  first  subparagraph  and  thereby  falls  under  this  paragraph,  the  notifying  roaming 
provider and any contractual partners within the meaning of point (b) shall each be bound to 
comply  with  their  respective  undertakings  to comply  with  the  conditions  of  paragraph  1(a), 
until at least 1 July 2018. 

8.  Roaming  providers  shall  negotiate  in  good  faith  the  arrangements  towards  establishing 
bilateral or multilateral roaming agreements, on fair and reasonable terms having regard to 
the  objective  that  such  agreements  with  other  roaming  providers  should  allow  the  virtual 
extension of the home network coverage and the sustainable provision by each of the roaming 
providers availing of this Article of regulated retail roaming services at the same price level 
as their respective domestic mobile communications services.  

9. By way of exception to paragraph 1, after 1 July 2016, this Article shall apply to roaming 
providers  availing  of  this  Article  when  those  roaming  providers  demonstrate  that  they  have 
sought in good faith to establish or extend a bilateral or multilateral roaming agreements on 
the basis of fair and reasonable terms in all Member States where they do not yet fulfill the 
requirements  of  1  and  have  been  unable  to  secure  any  bilateral  or  multilateral  roaming 
agreement with a roaming provider in one or more Member States, provided they comply with 
the minimum coverage referred to in paragraph 6(b) and with all other relevant provisions of 
this Article. In those cases, roaming providers availing of this Article shall continue to seek to 
establish reasonable terms for conclusion of a roaming agreement with a roaming provider 
from any unrepresented Member State. 

10.  Where  an  alternative  roaming  provider  has  already  been  granted  access  to  a  domestic 
provider's customers pursuant to Article 4(1) and has already made the necessary investments 
to  serve  those  customers,  Article  4(7)  shall  not  apply  to  such  a  domestic  provider  during  a 
transitional period of three years. The transitional period is without prejudice to the need to 
respect any longer contractual period agreed with the alternative roaming provider. 

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11. This Article is without prejudice to the application of Union competition rules to bilateral 
and multilateral  roaming agreements.ʼ 

(5) In Article 8, paragraph 2 is amended as follows: 

(a) the first subparagraph is replaced by the following: 

ʻ2.  With  effect  from  1  July  2013,  the  retail  charge  (excluding  VAT)  for  a  euro-voice  tariff 
which a roaming provider may levy on its roaming customer for the provision of a regulated 
roaming call may vary for any roaming call but shall not exceed EUR 0,24 per minute for any 
call made or EUR 0,07 per minute for any call received. The maximum retail charge for calls 
made shall decrease to EUR 0,19 on 1 July 2014. As of 1 July 2014, roaming providers shall 
not  levy  any  charge  on  their  roaming  customers  for  calls  received,  without  prejudice  to 
measures  taken  to  prevent  anomalous  or  fraudulent  usage.  Without  prejudice  to  Article  19 
those maximum retail charges for the euro-voice tariff shall remain valid until 30 June 2017.ʼ 

(b) the third subparagraph is replaced by the following: 

ʻEvery  roaming  provider  shall  charge  its  roaming  customers  for  the  provision  of  any 
regulated roaming call to which a euro-voice tariff applies on a per-second basis.ʼ 

(6) In Article 14, the following paragraph 1a is inserted: 

ʻ1a.  When  the  consumption  of  regulated  retail  roaming  services  at  the  applicable  domestic 
service rate is limited by reference to a reasonable use criterion in accordance with Article 
4a(2),  roaming  providers  shall  alert  roaming  customers  when  the  consumption  of  roaming 
calls  and  SMS  messages  has  reached  the  reasonable  use  limit  and  at  the  same  time  shall 
provide  roaming  customers  with  basic  personalised  pricing  information  on  the  roaming 
charges applicable to making a voice call or sending an SMS message outside the domestic 
service  rate  or  package  in  accordance  with  the  second,  fourth  and  fifth  sub-paragraphs  of 
paragraph 1 of this Article.ʼ 

(7) In Article 15, the following paragraph 2a is inserted: 

ʻ2a.  When  the  consumption  of  regulated  retail  roaming  services  at  the  applicable  domestic 
service rate is limited by reference to a reasonable use criterion in accordance with Article 
4a(2),  roaming  providers  shall  alert  roaming  customers  when  the  consumption  of  data 
roaming  services  has  reached  the  reasonable  use  limit  and  at  the  same  time  shall  provide 
roaming  customers  with  basic  personalised  pricing  information  on  the  roaming  charges 
applicable to data roaming outside the domestic service rate or package in accordance with 
paragraph 2 of this Article. Paragraph 3 of this Article shall apply to data roaming services 
consumed  outside  the  applicable  domestic  service  rates  or  packages  referred  to  in  Article 
4a(2).ʼ 

(8) Article 19 is amended as follows: 

(a) Paragraph 1 is amended as follows: 

(i) the first sentence is replaced by the following: 

ʻThe  Commission  shall  review  the  functioning  of  this  regulation  and,  after  a  public 
consultation, shall report to the European Parliament and the Council by 31December 2016 
at the latest.ʼ 

(ii) point (g) is replaced by the following: 

ʻ(g) the extent to which the implementation of the structural measures provided for in Articles 
3  and  4  and  of  the  alternative  regime  provided  for  in  Article  4a  has  produced  results  in 

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developing competition in the internal market for roaming services to the extent that there is 
no effective difference between roaming and domestic tariffs;ʼ 

(iii) the following point (i) is inserted: 

'(i) the extent, if any, to which the evolution of domestic retail prices is observably affected by 
the application by  roaming providers of the domestic service rate to both domestic services 
and regulated roaming services throughout the Union. 

(b) Paragraph 2 is amended as follows: 

(i) The first sentence is replaced by the following: 

ʻIf  the  report  shows  that  tariff  options,  in  which  the  domestic  service  rate  applies  both  to 
domestic  and  regulated  roaming  services,  are  not  provided  in  all  retail  packages  for 
reasonable use by at least one roaming provider in each Member State, or that the offers by 
alternative  roaming  providers  have  not  made  substantially  equivalent  retail  roaming  tariffs 
easily available to consumers throughout the Union, the Commission shall by the same date 
make  appropriate  proposals  to  the  European  Parliament  and  the  Council  to  address  the 
situation and ensure that there is no difference between national and roaming tariffs within 
the internal market.ʼ 

(ii) Point (d) is replaced by the following: 

ʻ(d) to change the duration or reduce the level of maximum wholesale charges provided for in 
Articles 7, 9 and 12 with a view to reinforcing the ability of all roaming providers to make 
available  in  their  respective  retail  packages  for  reasonable  use  tariff  options  in  which  the 
applicable  domestic  service  rate  applies  to  both  domestic  services  and  regulated  roaming 
services, as if the latter were consumed on the home network.ʼ 

Article 38 – Amendments to Regulation (EC) No 1211/2009 

Regulation (EC) No 1211/2009 is amended as follows:  

(1) In Article 1, paragraph 2 is replaced by the following: 

ʻ2.  BEREC  shall  act  within  the  scope  of  Directive  2002/21/EC  (Framework  Directive)  and 
Directives 2002/19/EC, 2002/20/EC, 2002/22/EC and 2002/58/EC (Specific Directives), and 
of Regulations (EU) No 531/2012 and No XX/2014ʼ 

(2) In Article 4, paragraphs 4 and 5 are deleted  

(3) The following Article 4a is inserted: 

ʻArticle 4a – Appointment and tasks of the Chairperson 

1. The Board of Regulators shall be represented by a Chairperson, who shall be a full-time 
independent professional. 

The Chairperson shall be engaged as a temporary agent of the Office under Article 2(a) of the 
Conditions of Employment of Other servants. 

The Chairperson shall be responsible for preparing the work of the Board of Regulators and 
shall  chair  without  the  right  to  vote  the  meetings  of  the  Board  of  Regulators  and  the 
Management Committee. 

Without  prejudice  to  the  role  of  the  Board  of  Regulators  in  relation  to  the  tasks  of  the 
Chairperson,  the  Chairperson  shall  neither  seek  nor  accept  any  instruction  from  any 
government or NRA, from the Commission, or from any other public or private entity. 

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2. The Chairperson shall be appointed by the Board of Regulators on the basis of merit, skills, 
knowledge of electronic communication market participants and markets, and of experience 
relevant to supervision and regulation, following an open selection procedure. 

Before  appointment,  the  candidate  selected  by  the  Board  of  Regulators  may  be  invited  to 
make a statement before the competent committee of the European Parliament and to answer 
questions put by its members. 

The  appointment  of  the  Chairperson  is  effective  only  after  approval  of  the  Management 
Committee. 

The Board of Regulators shall  also elect, from among its members, a Vice-Chair who shall 
carry out the functions of the Chairperson in his absence. 

3. The Chairperson’s term of office shall be 3 years and may be extended once. 

4.  In  the  course  of  the  9  months  preceding  the  end  of  the  3-year  term  of  office  of  the 
Chairperson, the Board of Regulators shall evaluate: 

(a) the results achieved in the first term of office and the way they were achieved; 

(b) the Board of Regulators' duties and requirements in the coming years. 

The  Board  of  Regulators  shall  inform  the  European  Parliament  if  it  intends  to  extend  the 
Chairperson's  term  of  office.  Within  one  month  before  any  such  extension,  the  Chairperson 
may  be  invited  to  make  a  statement  before  the  competent  committee  of  the  Parliament  and 
answer questions put by its members. 

5.  The  Chairperson  may  be  removed  from  office  only  upon  a  decision  of  the  Board  of 
Regulators acting on a proposal from the Commission and after approval of the Management 
Committee. 

The Chairperson shall not prevent the Board of Regulators and the Management Committee 
from discussing matters relating to the Chairperson, in particular the need for his removal, 
and shall not be involved in deliberations concerning such a matter.ʼ 

(4) Article 6 is amended as follows: 

(a) Paragraph 2, indent 4 is deleted. 

(b) Paragraph 3 is amended as follows: 

ʻ3. The Office shall comprise: 

(a) a Chairperson of the Board of Regulators; 

(b) a Management Committee; 

(c) an Administrative Manager.ʼ 

(5) Article 7 is amended as follows: 

(a) Paragraph 2 is amended as follows: 

ʻ2.  The  Management  Committee  shall  appoint  the  Administrative  Manager  and,  where 
relevant,  extend  his/her  term  of  office  or  remove  him/her  from  office  in  accordance  with 
Article 8. The Administrative Manager designated shall not participate in the preparation of, 
or vote on, such a decision.ʼ  

(b) Paragraph 4 is deleted. 

(6) Article 8 paragraphs 2, 3, 4, are deleted and replaced as follows: 

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ʻ2. The Administrative Manager shall be engaged as a temporary agent of the Office under 
Article 2(a) of the Conditions of Employment of Other servants. 

3. The Administrative Manager shall be appointed by the Management Committee from a list 
of  candidates  proposed  by  the  Commission,  following  an  open  and  transparent  selection 
procedure.  

For the purpose of concluding the contract with the Administrative Manager, the Office shall 
be represented by the Chairperson of the Management Committee.  

Before appointment, the candidate selected by the Management Committee may be invited to 
make a statement before the competent committee of the European Parliament and to answer 
questions put by its members. 

4.  The  term  of  office  of  the  Administrative  Manager  shall  be  five  years.  By  the  end  of  that 
period, the Commission shall undertake an assessment that takes into account an evaluation 
of the Administrative Manager's performance and the Office's future tasks and challenges. 

5.  The  Management  Committee,  acting  on  a  proposal  from  the  Commission  that  takes  into 
account  the  assessment  referred  to  in  paragraph  4,  may  extend  the  term  of  office  of  the 
Administrative Manager once, for no more than five years.  

6. The Management Committee shall inform the European Parliament if it intends to extend 
the Administrative Manager's term of office. Within one month before any such extension, the 
Administrative Manager may be invited to make a statement before the competent committee 
of the Parliament and answer questions put by its members. 

7. An Administrative Manager whose term of office has been extended may not participate in 
another selection procedure for the same post at the end of the overall period.  

8.  The  Administrative  Manager  may  be  removed  from  office  only  upon  a  decision  of  the 
Management Committee acting on a proposal from the Commission. 

9. The Management Committee shall reach decisions on appointment, extension of the term of 
office  or  removal  from  office  of  the  Administrative  Manager  on  the  basis  of  a  two-thirds 
majority of its members with voting rights.ʼ 

(7) In Article 9, paragraph 2 is amended as follows: 

ʻ 2. The Administrative Manager shall assist the Chairperson of the Board of Regulators with 
the  preparation  of  the  agenda  of  the  Board  of  Regulators,  the  Management  Committee  and 
the  Expert  Working  Groups.  The  Administrative  Manager  shall  participate,  without  having 
the right to vote, in the work of the Board of Regulators and the Management Committee.ʼ 

(8) Article 10 is amended as follows: 

ʻ1. The Staff Regulations and the Conditions of Employment of Other Servants and the rules 
adopted  by  agreement  between  the  institutions  of  the  Union  for  giving  effect  to  those  Staff 
Regulations  and  the  Conditions  of  Employment  of  Other  Servants  shall  apply  to  the  staff  of 
the  Office,  including  the  Chairperson  of  the  Board  of  Regulators  and  the  Administrative 
Manager. 

2. The Management Committee shall adopt appropriate implementing rules for giving effect 
to the Staff Regulations and the Conditions of Employment of Other Servants in accordance 
with Article 110 of the Staff Regulations. 

3. The Management Committee shall ,in accordance with paragraph 4, exercise with respect 
to  the  staff  of  the  Office  the  powers  conferred  by  the  Staff  Regulations  on  the  Appointing 

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Authority  and  by  the  Conditions  of  Employment  of  Other  Servants  on  the  Authority 
Empowered to Conclude a Contract of Employment ("the appointing authority powers"). 

4.  The  Management  Committee  shall  adopt,  in  accordance  with  Article  110  of  the  Staff 
Regulations, a decision based on Article 2.(1) of the Staff Regulations and on Article 6 of the 
Conditions  of  Employment  of  Other  Servants,  delegating  relevant  appointing  authority 
powers  to  the  Administrative  Manager  and  defining  the  conditions  under  which  this 
delegation of powers can be suspended. The Administrative Manager shall be authorised to 
sub-delegate those powers. 

Where  exceptional  circumstances  so  require,  the  Management  Committee  may  by  way  of  a 
decision  temporarily  suspend  the  delegation  of  the  appointing  authority  powers  to  the 
Administrative  Manager  and  those  sub-delegated  by  the  latter  and  exercise  them  itself  or 
delegate  them  to  one  of  its  members  or  to  a  staff  member  other  than  the  Administrative 
Manager.ʼ 

(9) The following Article 10a is inserted: 

ʻArticle 10a – Seconded national experts and other staff 

1. The Office may make use of Seconded national experts or other staff not employed by the 
Office.  

2. The Management Committee shall adopt a decision laying down rules on the secondment of 
national experts to the Office.ʼ 

Article 39 – Review clause  

The Commission shall submit reports on the evaluation and review of this Regulation to the 
European Parliament and the Council at regular intervals. The first report shall be submitted 
no later than 1 July 2018 . Subsequent reports shall be submitted every four years thereafter. 
The  Commission  shall,  if  necessary,  submit  appropriate  proposals  with  a  view  to  amending 
this  Regulation,  and  aligning  other  legal  instruments,  taking  account  in  particular  of 
developments  in  information  technology  and  of  the  state  of  progress  in  the  information 
society. The reports shall be made public. 

Article 40 – Entry into force 

1. This Regulation shall enter into force the twentieth day following that of its publication in 
the Official Journal of the European Union. 

2. It shall apply from 1 July 2014. 

However, Articles 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 shall apply from 1 July 2016. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 

MINIMUM PARAMETERS FOR OFFERS OF EUROPEAN VIRTUAL 
BROADBAND ACCESS PRODUCTS  

1.  OFFER  1  -  Fixed  network  wholesale  access  product  offered  over  next  generation 
networks at Layer 2 of the International Standards Organisation seven layer model for 
communications  protocols  ('Data  Link  Layer'),  that  offers  equivalent  functionalities  to 
physical  unbundling,  with  handover  points  at  a  level  that  is  closer  to  the  customer 
premises than the national or regional level.  

1.1 Network elements and related information: 

(a)  a  description  of  the  network  access  to  be  provided,  including  technical  characteristics 
(which shall include information on network configuration where necessary to make effective 
use of network access);  

(b) the locations at which network access will be provided; 

(c) any relevant technical standards for network access, including any usage restrictions and 
other security issues; 

(d)  technical  specifications  for  the  interface  at  handover  points  and  network  termination 
points (customer premises); 

(e) specifications of equipment to be used on the network; and 

(f) details of interoperability tests. 

1.2 Network functionalities: 

(a) flexible allocation of VLANs based on common technical specification; 

(b) service-agnostic connectivity, enabling control of download and upload traffic speeds;  

(c) security enabling; 

(d) flexible choice of customer premises equipment (as long as technically possible);  

(e) remote access to the customer premise equipment; and 

(f)  multicast  functionality,  where  there  is  demand  and  such  functionality  is  necessary  to 
ensure technical replicability of competing retail offers.  

1.3 Operational and business process: 

(a) eligibility requirement processes for ordering and provisioning;  

(b) billing information; 

(c) procedures for migration, moves and ceases; and 

(d) specific time scales for repair and maintenance. 

1.4 Ancillary services and IT Systems: 

(a) information and conditions concerning the provision of co-location and backhaul; 

(b)  specifications  for  access  to  and  use  of  ancillary  IT  systems  for  operational  support 
systems,  information  systems  and  databases  for  pre-ordering,  provisioning,  ordering, 
maintenance and repair requests and billing, including their usage restrictions and procedures 
to access those services. 

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2.  OFFER  2:  Fixed  network  wholesale  access  product  offered  at  Layer  3  of  the 
International Standards Organisation seven layer model for communications  protocols 
('Network Layer'), at the IP level bit-stream level with handover points offering a higher 
degree of resource aggregation such as at national and/or regional level  

2.1 Network elements and related information:  

(a)  the  characteristics  of  the  connection  link  provided  at  the  handover  points  (in  terms  of 
speed, Quality of Service, etc.); 

(b) a description of the broadband network connecting the customer premise to the handover 
points, in terms of backhaul and access network architectures; 

(c) the location of the handover point(s); and 

(d) the technical specifications for interfaces at handover points. 

2.2 Network functionalities: 

Ability to support different quality of service levels (e.g. QoS 1, 2 and 3) with regard to: 

(i) delay; 

(ii) jitter; 

(iii) packet loss; and 

(iv) contention ratio. 

2.3 Operational and business process: 

(a) eligibility requirement processes for ordering and provisioning;  

(b) billing information;  

(c) procedures for migration, moves and ceases; and 

(d) specific time scales for repair and maintenance. 

2.4 Ancillary IT Systems: 

Specifications for access to and use of ancillary IT systems for operational support systems, 
information systems and databases for pre-ordering, provisioning, ordering, maintenance and 
repair  requests  and  billing,  including  their  usage  restrictions  and  procedures  to  access  those 
services. 

3. OFFER 3: Wholesale terminating segments of leased lines with enhanced interface for 
the exclusive use of the access seeker providing permanent symmetric capacity without 
restriction  as  regards  usage  and  with  service  level  grade  agreements,  by  means  of  a 
point-to-point connection and with Layer 2 of the International Standards Organisation 
(ISO)  seven  layer  model  for  communications  protocols  ('Data  Link  Layer')  network 
interfaces. 

3.1 Network elements and related information: 

(a)  a  description  of  the  network  access  to  be  provided,  including  technical  characteristics 
(which shall include information on network configuration where necessary to make effective 
use of network access); 

(b) the locations at which network access will be provided; 

(c) the different speeds and maximum length offered; 

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(d) any relevant technical standards for network access (including any usage restrictions and 
other security issues); 

(e) details of interoperability tests; 

(f) specifications of equipment allowed on the network;  

(g) network-to-network (NNI) interface available; 

(h) maximum frame size allowed, in bytes. 

3.2 Network and product functionalities: 

(a) uncontended and symmetrical dedicated access; 

(b) service-agnostic connectivity, enabling control of traffic speed and symmetry; 

(c)  protocol  transparency,  flexible  allocation  of  VLANs  based  on  common  technical 
specification; 

(d)  Quality  of  Service  parameters  (delay,  jitter,  packet  loss)  enabling  business-critical 
performance.  

3.3 Operational and business process: 

(a) eligibility requirement processes for ordering and provisioning; 

(b) procedures for migration, moves and ceases; 

(c) specific time scales for repair and maintenance; 

(d) changes to IT systems (to the extent that it impacts alternative operators); and 

(e) relevant charges, terms of payment and billing procedures. 

3.4 Service level agreements 

(a)  the  amount  of  compensation  payable  by  one  party  to  another  for  failure  to  perform 
contractual commitments, including provisioning and repair time, as well as the conditions for 
eligibility to compensations; 

(b) a definition and limitation of liability and indemnity;  

(c)  procedures  in  the  event  of  alterations  being  proposed  to-  the  service  offerings,  for 
example, launch of new services, changes to existing services or change to prices; 

(d) details of any relevant intellectual property rights; 

(e) details of duration and renegotiation of agreements. 

3.5 Ancillary IT systems: 

specifications for access to and use of ancillary IT systems for operational support systems, 
information systems and databases for pre-ordering, provisioning, ordering, maintenance and 
repair  requests  and  billing,  including  their  usage  restrictions  and  procedures  to  access  those 
services. 

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ANNEX II 

MINIMUM PARAMETERS OF EUROPEAN ASQ CONNECTIVITY PRODUCTS  

Network elements and related information 

-  A  description  of  the  connectivity  product  to  be  provided  over  a  fixed  network,  including 
technical characteristics and adoption of any relevant standards.  

Network functionalities: 

- connectivity agreement ensuring end-to-end Quality of Service, based on common specified 
parameters that enable the provision of at least the following classes of services:  

- voice and video calls;  

- broadcast of audio-visual content; and 

- data critical applications.  

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