CELEX: 
Language: en
Date: 2019-08-12
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... establishing a template for the contract summary to be used by providers of publicly available electronic communications services pursuant to Directive (EU) 2018/1972 of the European Parliament and of the Council

COMMISSION IMPLEMENTING REGULATION (EU) …/...
            
            
               of XXX
            
            
               establishing a template for the contract summary to be used by providers of publicly available electronic communications services pursuant to Directive (EU) 2018/1972 of the European Parliament and of the Council
            
            
               (Text with EEA relevance)
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code
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               , and in particular Article 102(3) thereof,
            
            
               Whereas:
            
            
               (1)In order to clarify the main elements of the contract summary that the providers of publicly available electronic communications services are to provide the consumer, microenterprises, small enterprises and not-for-profit organisations with pursuant to Article 102(1) and (2) of Directive (EU) 2018/1972 of the European Parliament and of the Council, a template laying down the main elements of the contract summary should be established. The contract summary should be easy to read, understand and compare, with a common structure and format.
            
            
               (2)The contract summary information, whether printed or available electronically, should comply with the relevant accessibility requirements of Directive (EU) 2019/882 of the European Parliament and the Council
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               , in particular those set out in Section III (b) and (c) of Annex I thereof. 
            
            
               (3)The contract summary should be without prejudice to the obligations stemming from consumer protection legislation such as Council Directive 93/13/EEC
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               , Directive 2005/29/EC of the European Parliament and of the Council
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                and Directive 2011/83/EU of the European Parliament and of the Council
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               . 
            
            
               (4)In order to ensure comparability between electronic communications service offers, the layout of the contract summary should include clearly distinguishable headings under which the different elements should be grouped. To facilitate understanding and a swift identification of important information by the consumers, the relevant elements under each heading should be presented in short sentences or in table format, where possible.
            
            
               (5)The easy readability of a font depends on various factors, and includes the relation between viewing distance, the character height and whether the font size is easily enlarged when provided electronically. When read from a close distance, a font size of at least 10 point should be considered easily readable for many consumers. Headings should be distinguishable also by increased font size. Commonly used fonts should be used and decorative fonts should be avoided. Easy readability should also be ensured by using sufficient contrast between the font and the background, especially when using colours. 
            
            
               (6)Certain channels used for the sale of electronic communications services, such as cash and carry services, could require scaling down of the contract summary where justified, for example in order to fit the packaging in use. Prepaid services are sometimes sold in packaging with dimensions that would render the provision of the 10-point font size impracticable. Similarly, electronic devices that allow fonts to be enlarged could present the contract summary in the size of the full screen. A 5-6 point font should anyhow be considered as the minimum legible size.
            
            
               (7)The use of visuals, such as symbols, icons and graphics or the use of hyperlinks or pop-ups should not adversely affect easy readability and should not be intrusive or distract the consumer's attention from the content of the main document.
            
            
               (8)Specialised language, technical jargon and acronyms should be avoided.
            
            
               (9)Describing the services in a standardised manner is of high importance to consumers. The services included in the summary and the volumes included per billing period, where relevant, should be specified. The volumes should refer to the quantity of calls, messages and data included in the service, including for roaming. Calls should be measured by minutes or seconds in accordance with the provider’s pre-contractual information, messages should be measured by their number or data by megabytes or gigabytes, where relevant. 
            
            
               (10)The contract summary should provide information enabling consumers to contact their provider, especially in case of complaints. Relevant contact information may include, in addition to an e-mail address or telephone number, the possibility to use web forms or other types of direct contact. 
            
            
               (11)The description of the services and equipment should clearly describe the main services and equipment features. 
            
         
         
            
               (12)Various categories should be indicated for the price and should include the activation price, the monthly price, the monthly price with discount and equipment price. Where a promotional price applies, this should be clearly indicated, including the period that the offer is valid and the full price without the offer. The price information for bundles should include the price for all the services provided. 
            
            
               (13)The information on conditions for termination under the heading "Duration, renewal and termination" shall refer to termination of the contract due to the end of its duration or to early termination, where applicable under Union and national law. This information shall be without prejudice to other grounds for termination of the contract provided by Union or national, law such as in the event of a lack of conformity.
            
            
               (14)Article 4(1)(d) of Regulation (EU) 2015/2120 of the European Parliament and of the Council
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                requires a contract which includes internet access services to specify also a clear and comprehensible explanation of the minimum, normally available, maximum and advertised download and upload speed of the internet access services in the case of fixed networks, or of the estimated maximum and advertised download and upload speed of the internet access services in the case of mobile networks. For the purposes of the contract summary Article 102(3)(f) of Directive (EU) 2018/1972 requires a summary of that explanation to be included in the contract summary. The summary should include the normally available download speed for fixed internet services and the maximum download speed for mobile services. Where the speed is customarily given only after the exact location of a consumer is known, a speed range could be given.
            
            
               (15)Article 4(1)(e) of Regulation (EU) 2015/2120 requires a contract which includes internet access services to provide a clear and comprehensible explanation of the remedies available to the consumer in accordance with national law in the event of discrepancy between the actual performance of the internet access and the performance indicated in the contract. Article 102(3)(f) of Directive (EU) 2018/1972 requires a summary of that explanation to be included in the contract summary. The summary should include the remedies available to the consumer under national law if there is a discrepancy between the actual performance of the internet access and the performance indicated in the contract.
            
            
               (16)The summary of features for end-users with disabilities should cover, where available, at least real-time text, total conversation, relay services, accessible emergency communications, specialised equipment, special tariffs and accessible information.
            
            
               (17)The optional section on other relevant information may include additional information required by Union or national law before a consumer is bound by a contract or any corresponding offer. This could include for example, information on switching, security, handling of personal data, energy consumption or carbon generation.
            
            
               (18)The Body of European Regulators for Electronic Communication was consulted and has provided the Commission with its opinion.
            
            
               (19)The measures provided for in this Regulation are in accordance with the opinion of the Communications Committee, 
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
               Template for the contract summary
            
            
               Providers of publicly available electronic communication services other than transmission services used for the provision of machine-to-machine services shall use the template set out in the Annex, when providing the contract summary to consumers. 
            
            
               Article 2
                  Presentation of content
            
            
               1.The contract summary shall not, unless duly justified, exceed the equivalent of one single-sided A4 page when printed with an easily readable font. Where services or services and terminal equipment, comprising at least an internet access service or a publicly available number-based interpersonal communication service, are bundled into a single contract, the contract summary shall not, unless duly justified, exceed three single-sided A4 pages when printed with an easily readable font. 
            
            
               2.The information in the contract summary shall be presented in accordance with the order of information and clearly distinguishable headings as set out in the Annex. The font type used shall be such that the text is easily readable. The font size shall normally be at least 10 point. In exceptional and duly justified circumstances the font size may be reduced.
            
            
               3.When colours are used in the contract summary the content shall remain easily readable with a sufficient contrast. Visuals shall not overlay text.
            
            
               4.The contract summary shall be drafted in easily readable language. Specialised language shall not be used. The contract summary shall focus on key information that the consumer needs to compare offers and to make an informed decision. 
            
            
               5.Headings shall be distinguishable from the text. 
            
            
               Article 3
               Title and headings
            
            
               The contract summary shall have the title ‘Contract summary’. Information about the service offered and the provider shall be included as set out in the Annex. The headings shall follow the order set out in the Annex.
            
            
               Article 4
                  Entry into force and application
            
         
         
            
               This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 
            
            
               It shall apply from 21 December 2020.
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
            
               Done at Brussels,
            
            
               
                     For the Commission
               
               
                     The President
                     
                  
            
         
         
      
    ---documentbreak--- 
      
         
         
            
               ANNEX
               Contract summary template
                  PART A –Template
            
            
            
                     
                        [Service name]
                              
                     
                  
                  
                     
                        [Provider/provider logo]
                              
                     
                     
                     
                        [Contact]
                     
                  
               
                  
                     
                     
                     Contract summary
            
            
               ·This contract summary provides the main elements of this service offer as required by EU law
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               .
            
            
               ·It helps to make a comparison between service offers. 
            
            
               ·Complete information about the service is provided in other documents. 
            
            
               Service[s and equipment]
            
            
            
            
               Speed of the internet access service and remedies in case of problems
               
            
            
               Price 
            
            
            
            
               Duration, renewal and termination
            
            
            
            
               Features for end-users with disabilities
            
         
         
            
            
            
               Other relevant information
            
            
            
            
               
            
               PART B - Instructions for completing the summary
            
            
               The service or brand name of the electronic communications service offered shall be immediately above the title "Contract summary". The name of the provider shall immediately follow the name of the electronic communications service. The provider may insert its logo to the right of the title "Contract summary".
            
            
               The name, address and direct contact information of the provider and, if different, the direct contact information for any complaint, shall be included below the name of the provider. The summary can be dated.
            
            
               In cases where the contract does not include the provision of terminal equipment, the reference to equipment under the heading "Service(s) and equipment" shall be deleted. In cases where the contract does not include an internet access service, the section on the "Speed of the internet access service and remedies in case of problems" shall be deleted. In cases where no other information is provided, the section "Other relevant information" shall be deleted.
            
            
               Section "Service[s and equipment]"
            
            
               Description of the main characteristics of the electronic communications service(s) included. For example, fixed voice telephony, mobile voice telephony, mobile internet access, fixed internet access, main content of TV packages, or number-independent interpersonal communications services shall be provided. The description shall include, as applicable, the volume or quantity for calls, messages, data and applicable roaming policy. Services and equipment included in a bundle shall be described. 
            
            
               Section "Speed of the internet access service and remedies in case of problems"
            
            
               Where the service includes internet access, a summary of the information required pursuant to points (d) and (e) of Article 4 of Regulation (EU) 2015/2120 shall be included. For fixed internet access service the normally available download speed and for mobile internet access service the maximum download speed shall be included. Where justifiable, a range of speed can be given. Remedies available to the consumer in accordance with national law in the event of continuous or regularly recurring discrepancy between the actual performance of the internet access service and the performance indicated in the contract shall be described.
            
            
               Section "Price"
            
            
               For electronic communication services provided for direct monetary payment, this section shall include, as applicable, the price for activating the service, monthly price, monthly price with discount where applicable and equipment price. Where applicable, pricing details, including prices which will apply after the volumes included in the monthly price have been exceeded and pricing of additional services shall be indicated to be available separately. For time-limited offers the duration shall be included. In case the service is provided without a direct monetary payment but subject to certain obligations on users as a condition of service, that shall be indicated.
            
            
               Section "Duration, renewal and termination"
            
            
               The information on the duration of the contract in months and the main conditions for its renewal and termination shall be included. The reference to conditions for termination shall be limited to the end of the contract duration or to early termination where applicable. It shall not include, and it will be without prejudice to, other grounds for termination provided by Union or national law such as in the event of a lack of conformity.
            
            
               Section "Features for end-users with disabilities"
            
            
               Information on the main products and services for end-users with disabilities shall be included. Where applicable, details can be indicated to be available separately.
            
         
         
            
               Section "Other relevant information"
            
            
               Any additional information required by Union or national law before a consumer is bound by a contract or any corresponding offer can be included.
            
            
         
         
            
                  
                     (1)
                  
                  
                      Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).