CELEX: 
Language: en
Date: 2019-12-17 00:00:00
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

EUROPEAN
                             COMMISSION
                                                    Brussels, 17.12.2019
                                                    C(2019) 9156 final
               COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                        of 17.12.2019
   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)
EN                                                                                      EN
 ---pagebreak---                    COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                                    of 17.12.2019
      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 Code1, and in
   particular Article 102(3) thereof,
   Whereas:
   (1)      In order to identify the main elements of the contract summary that the providers of
            publicly available electronic communications services are to provide the consumers,
            microenterprises, small enterprises and not-for-profit organisations pursuant to Article
            102(1) and (2) of Directive (EU) 2018/1972, 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, is to
            comply with the relevant accessibility requirements of Union law harmonising
            accessibility requirements for products and services provided for by Directive (EU)
            2019/882 of the European Parliament and the Council2.
   (3)      The contract summary is to comply with the obligations stemming from consumer
            protection legislation such as Council Directive 93/13/EEC3, Directive 2005/29/EC of
            the European Parliament and of the Council4 and Directive 2011/83/EU of the
            European Parliament and of the Council5. It is also to comply with the rights and
   1
            OJ L 312, 17.12.2018, p. 36.
   2
            Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the
            accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
   3
            Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95,
   21.4.1993, p. 29).
   4
            Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair
   business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC,
   Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation
   (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).
   5
            Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer
   rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the
   Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of
   the Council (OJ L 304, 22.11.2011, p. 64).
EN                                                         1                                                    EN
 ---pagebreak---             obligations stemming from the legislation on the protection of personal data, such as
            Regulation (EU) 2016/679 of the European Parliament and of the Council6.
   (4)      In order to facilitate easy readability, the contract summary should not, unless duly
            justified, exceed the equivalent of one single-sided A4 page when printed with an
            easily readable font. For bundled services it should not exceed three single-sided A4
            pages when printed with an easily readable font. A longer length could be justified, for
            example, for reasons of accessibility for consumers with disabilities. 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 described in short sentences. For reasons of readability and
            printability, sufficient margins should be left between the edges and the text of the
            contract summary.
   (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. Where read from a close distance, a font size
            of at least 10 points is considered easily readable for many consumers. Headings
            should be clearly distinguishable from the text, for example by increased font size.
            Commonly used sans-serif fonts could be used to improve readability. Easy readability
            should also be ensured by using sufficient contrast, following state of the art practices,
            between the font and the background, especially when using colours.
   (6)      Where the contract summary should normally be presented using a font size of at least
            10 points, electronic devices or channels used for the sale of electronic
            communications services, such as prepaid services primarily sold at retailers, could
            require scaling down of the contract summary where justified, for example in order to
            fit the packaging or the device. Prepaid services are sometimes sold in packaging with
            dimensions that would render the provision of the 10 points font size impracticable.
   (7)      The required information should be provided directly in the summary and not by
            reference to other sources of information, unless specifically provided in the
            instructions for completing the summary. 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 so that it could distract the consumer's attention
            from the content of the summary. The content of the contract summary should focus
            on key information that the consumer needs to compare offers and to make an
            informed decision.
   (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 contract summary and the volumes included per billing
            period, where applicable, should be specified. The volumes should refer to the
            quantity of calls, messages and data included in the service, including the roaming fair
            use policy applied by the provider, where applicable. Calls should be measured by
            minutes or seconds in accordance with the provider’s pre-contractual information,
   6
            Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
   protection of natural persons with regard to the processing of personal data and on the free movement of such
   data, and repealing Directive 95/46/EC (OJ L 119, 04.05.2016, p.1)
EN                                                        2                                                      EN
 ---pagebreak---              messages should be measured by their number and 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 electronic communications services should be clearly described and their main
             service features should be indicated. Where applicable, the type of equipment should
             be described..
   (12)      Point (d) of Article 4(1) of Regulation (EU) 2015/2120 of the European Parliament
             and of the Council7 requires a contract which includes internet access services to
             provide also a clear and comprehensible explanation of the minimum, normally
             available, maximum and advertised download and upload speed in the case of fixed
             networks, or of the estimated maximum and advertised download and upload speed in
             the case of mobile networks. Point (f) of Article 102(3) of Directive (EU) 2018/1972
             requires a summary of that information to be included in the contract summary. The
             contract summary should include the minimum, normally available and maximum
             download and upload speed of the internet access services in the case of fixed
             networks and of the estimated maximum download and upload speed of the internet
             access services in the case of mobile networks.
   (13)      Point (e) of Article 4(1) 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. Point (f) of Article 102(3) of Directive (EU)
             2018/1972 requires a summary of that explanation to be included in the contract
             summary. The contract summary should include a summary of the remedies available
             to the consumer under national law if there is a discrepancy between the actual
             performance of the internet access regarding speed or other quality of service
             parameters and the performance indicated in the contract.
   (14)      Information on the price should include the applicable activation price, recurring and
             consumption-related charges such as the price per billing period and per month to
             allow for comparability, any discounts and, where applicable, the price of equipment.
             Where a promotional price applies, this should be clearly indicated, including the
             period that the discount is valid and the full price without the promotion. Information
             on tariffs not included in the recurring price can be extensive and it should be
             sufficient to indicate in the summary that this information is available separately as
             part of complete pre-contractual information, for example, by electronic means.
   (15)      The information on conditions for termination under the heading "Duration, renewal
             and termination" should refer to termination of the contract, including bundled offers,
             due to the end of the contract duration and to early termination, where applicable
             under Union and national law, including fees due on early termination and information
             on unlocking the terminal equipment.
   7
              Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures
   concerning open internet access and retail charges for regulated intra-EU communications and amending Directive 2002/22/EC on
   universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012
   on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, p. 1).
EN                                                                  3                                                              EN
 ---pagebreak---    (16)    Where information on different products and services for end-users with disabilities is
           extensive and variable the contract summary may indicate that this detailed
           information is available separately, for example, by electronic means.
   (17)    Providers may include additional information required by Union or national law
           before a consumer is bound by a contract or any corresponding offer in the optional
           section on other relevant information. This could include for example, information on
           switching, security, handling of personal data, energy consumption or carbon
           generation. Where Member States exercise their freedom to maintain or introduce in
           their national law provisions related to aspects not covered by Article 102 of Directive
           (EU) 2018/1972, the relevant information could be included in this optional section by
           the providers.
   (18)    Pursuant to Article 123 of Directive (EU) 2018/1972 the Commission is to
           periodically review the application of this implementing Regulation, as part of the
           report on the application of Title III of Part III of that Directive.
   (19)    The Body of European Regulators for Electronic Communications was consulted.
   (20)    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 communications services other than transmission
   services used for the provision of machine-to-machine services shall use the template set out
   in Part A of the Annex, in accordance with the instructions set out in Part B of the Annex,
   when providing the contract summary.
                                                 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. Where services or services and terminal
             equipment, comprising at least an internet access service or a publicly available
             number-based interpersonal communications service, are bundled into a single
             contract, the contract summary shall not, unless duly justified, exceed the equivalent
             of three single-sided A4 pages when printed.
   2.        The information in the contract summary shall be presented in accordance with the
             order of headings set out in the Annex in portrait format. The font type used shall be
             such that the text is easily readable. The font size shall be at least 10 points. In duly
             justified circumstances the font size may be reduced; in such cases a possibility to
             enlarge the contract summary by electronic means or to receive the contract
             summary upon request with a font size of at least 10 points shall be provided.
   3.        The content of the contract summary shall be easily readable with sufficient contrast
             between font and background, especially when using colours. Visuals shall not
             overlay text.
   4.        The contract summary shall be drafted in language that is easily readable and
             understandable for consumers. The contract summary shall focus on key information
             that the consumer needs to compare offers and to make an informed decision.
EN                                                   4                                                 EN
 ---pagebreak---    5.        Headings shall be clearly distinguishable from the text.
                                               Article 3
                                   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, 17.12.2019
                                                 For the Commission
                                                 The President
                                                 Ursula von der LEYEN
EN                                                 5                                                EN
 ---documentbreak---                             EUROPEAN
                            COMMISSION
                                                   Brussels, 17.12.2019
                                                   C(2019) 9156 final
                                                   ANNEX
                                          ANNEX
                                            to the
                           Commission Implementing Regulation
   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
EN                                                                                      EN
 ---pagebreak---          ANNEX
Contract summary template
   PART A –Template
            1
 ---pagebreak---   [Service name]                                 [Provider/provider logo]
                                                 [Contact]
                                   Contract summary
         This contract summary provides the main elements of this service offer as
          required by EU law1.
         It helps to make a comparison between service offers.
         Complete information about the service is provided in other documents.
Services and equipment
[…]
Speeds of the internet service and remedies
[…]
Price
[…]
Duration, renewal and termination
[…]
Features for end-users with disabilities
[…]
Other relevant information
[…]
1
  Article 102(3) of 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).
                                                    2
 ---pagebreak---                  PART B - Instructions for completing the contract summary template
The service or brand name of the electronic communications service(s) offered shall be
immediately above the title "Contract summary". The name of the provider shall immediately
follow the name of the electronic communications service(s). The provider may insert its logo
to the right of the title "Contract summary". The three introductory sentences form an integral
part of the contract summary and shall not be altered.
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
contract summary shall 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 or
indicated as not applicable. In cases where the contract does not include an internet access
service, the section on the "Speed of the internet access service and remedies" shall be deleted
or indicated as not applicable. In cases where no other information is provided, the section
"Other relevant information" shall be deleted or indicated as not applicable.
Italic type font is used in Part A to illustrate that the abovementioned headings and related
information are not mandatory in all circumstances. The square brackets used in Part A shall
be replaced with the required information.
Section "Services and equipment"
          Description of the main characteristics of the electronic communications service(s),
          for example, fixed voice telephony, mobile voice telephony, mobile internet access,
          fixed internet access, transmission service for TV-broadcasting or number-
          independent interpersonal communications services shall be included. For bundles
          pursuant to Article 107 of Directive (EU) 2018/1972, also the type of terminal
          equipment, and services, such as for example TV packages, video-on-demand or
          other media services shall be described, where applicable. For transmission services
          for TV-broadcasting and for bundles including such services, the types of TV
          packages offered may be described where it is not possible to list all the channels
          included in the package. For bundles, the services shall be listed in the order
          mentioned in this paragraph. The description shall include, where applicable, the
          volume or quantity for calls, messages and data and the roaming fair use policy
          applied by the provider.
Section "Speeds of the internet service and remedies"
          Where the service includes internet access, a summary of the information required
          pursuant to points (d) and (e) of Article 4(1) of Regulation (EU) 2015/2120 shall be
          included. For fixed internet access service the minimum, normally available and
          maximum download and upload speed and for mobile internet access service the
          estimated maximum download and upload speed shall be included. A summary of
          the 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 regarding speed or other quality of service parameters and
          the performance indicated in the contract shall be described.
Section "Price"
                                                  3
 ---pagebreak---          For electronic communications services provided for direct monetary payment, this
         section shall include the prices for activating the service and recurring or
         consumption-related charges.
         For subscription contracts, the recurring price, inclusive of taxes, per billing period
         and, if the billing period is other than monthly, also per month shall be included. Any
         additional fixed prices such as for activating the service, and, where applicable, the
         price of equipment shall be indicated, as well as any time-limited discounts, where
         applicable.
         Where applicable, consumption-related charges, which will apply after the volumes
         included in the recurring price have been exceeded, shall be indicated in the contract
         summary. Where applicable, information about tariffs for additional services not
         included in the recurring prices shall be indicated to be available separately.
         Where 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 due to the end of the contract duration and to early
         termination, where applicable, shall be included in the contract summary. Fees due
         on early termination, including information on unlocking the terminal equipment
         shall be included. This information 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 with the contract.
Section "Features for end-users with disabilities"
         Information on the main products and services for end-users with disabilities shall be
         included. This may include, where available, at least real-time text, total
         conversation, relay services, accessible emergency communications, specialised
         equipment, special tariffs and accessible information. 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 by the providers.
                                                  4