Directive (EU) 2018/1972 of the European Parliament and of the Council of 11…

Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)

directive · European Union · 32018L1972

1047 provisions in 4187 nodes · 113 provisions hand work to national law

Defined terms · All instruments · EC Directive · European standard · Internet · Unfair contract terms · access to information · accounting · advertising · after-sales service

PART I FRAMEWORK (GENERAL RULES FOR THE ORGANISATION OF THE SECTOR)

TITLE I SCOPE, AIM AND OBJECTIVES, DEFINITIONS

CHAPTER I Subject matter, aim and definitions

Article 1 Subject matter, scope and aims

Article 2 Definitions

CHAPTER II Objectives

Article 3 General objectives

Article 4 Strategic planning and coordination of radio spectrum policy

TITLE II INSTITUTIONAL SET-UP AND GOVERNANCE

CHAPTER I National regulatory and other competent authorities

Article 5 National regulatory and other competent authorities

Article 6 Independence of national regulatory and other competent authorities

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Article 7 Appointment and dismissal of members of national regulatory authorities

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Article 8 Political independence and accountability of the national regulatory authorities

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Article 9 Regulatory capacity of national regulatory authorities

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Article 10 Participation of national regulatory authorities in BEREC

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Article 11 Cooperation with national authorities

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CHAPTER II General authorisation

Section 1 General part

Article 12 General authorisation of electronic communications networks and services

Article 13 Conditions attached to the general authorisation and to the rights of use for radio spectrum and for numbering resources, and specific obligations

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Article 14 Declarations to facilitate the exercise of rights to install facilities and rights of interconnection

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Section 2 General authorisation rights and obligations

Article 15 Minimum list of rights derived from the general authorisation

Article 16 Administrative charges

Article 17 Accounting separation and financial reports

Section 3 Amendment and withdrawal

Article 18 Amendment of rights and obligations

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Article 19 Restriction or withdrawal of rights

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CHAPTER III Provision of information, surveys and consultation mechanism

Article 20 Information request to undertakings

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Article 21 Information required with regard to the general authorisation, rights of use and specific obligations

Article 22 Geographical surveys of network deployments

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Article 23 Consultation and transparency mechanism

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Article 24 Consultation of interested parties

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Article 25 Out-of-court dispute resolution

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Article 26 Dispute resolution between undertakings

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Article 27 Resolution of cross-border disputes

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Article 28 Radio Spectrum Coordination among Member States

TITLE III IMPLEMENTATION

Article 29 Penalties

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Article 30 Compliance with the conditions of the general authorisation or of rights of use for radio spectrum and for numbering resources and compliance with specific obligations

Article 31 Right of appeal

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TITLE IV INTERNAL MARKET PROCEDURES

CHAPTER I

Article 32 Consolidating the internal market for electronic communications

Article 33 Procedure for the consistent application of remedies

Article 34 Implementing provisions

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CHAPTER II Consistent radio spectrum assignment

Article 35 Peer review process

Article 36 Harmonised assignment of radio spectrum

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Article 37 Joint authorisation process to grant individual rights of use for radio spectrum

CHAPTER III Harmonisation procedures

Article 38 Harmonisation procedures

Article 39 Standardisation

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TITLE V SECURITY

Article 40 Security of networks and services

Article 41 Implementation and enforcement

TITLE I MARKET ENTRY AND DEPLOYMENT

CHAPTER I Fees

Article 42 Fees for rights of use for radio spectrum and rights to install facilities

CHAPTER II Access to land

Article 43 Rights of way

Article 44 Co-location and sharing of network elements and associated facilities for providers of electronic communications networks

CHAPTER III Access to radio spectrum

Section 1 Authorisations

Article 45 Management of radio spectrum

Article 46 Authorisation of the use of radio spectrum

Article 47 Conditions attached to individual rights of use for radio spectrum

Section 2 Rights of use

Article 48 Granting of individual rights of use for radio spectrum

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Article 49 Duration of rights

Article 50 Renewal of individual rights of use for harmonised radio spectrum

Article 51 Transfer or lease of individual rights of use for radio spectrum

Article 52 Competition

Article 53 Coordinated timing of assignments

Article 54 Coordinated timing of assignments for specific 5G bands

Article 55 Procedure for limiting the number of rights of use to be granted for radio spectrum

CHAPTER IV Deployment and use of wireless network equipment

Article 56 Access to radio local area networks

Article 57 Deployment and operation of small-area wireless access points

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Article 58 Technical regulations on electromagnetic fields

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TITLE II ACCESS

CHAPTER I General provisions, access principles

Article 59 General framework for access and interconnection

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Article 60 Rights and obligations of undertakings

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CHAPTER II Access and interconnection

Article 61 Powers and responsibilities of the national regulatory and other competent authorities with regard to access and interconnection

Article 62 Conditional access systems and other facilities

CHAPTER III Market analysis and significant market power

Article 63 Undertakings with significant market power

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Article 64 Procedure for the identification and definition of markets

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Article 65 Procedure for the identification of transnational markets

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Article 66 Procedure for the identification of transnational demand

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Article 67 Market analysis procedure

CHAPTER IV Access remedies imposed on undertakings with significant market power

Article 68 Imposition, amendment or withdrawal of obligations

Article 69 Obligation of transparency

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Article 70 Obligations of non-discrimination

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Article 71 Obligation of accounting separation

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Article 72 Access to civil engineering

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Article 73 Obligations of access to, and use of, specific network elements and associated facilities

Article 74 Price control and cost accounting obligations

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Article 75 Termination rates

Article 76 Regulatory treatment of new very high capacity network elements

Article 77 Functional separation

Article 78 Voluntary separation by a vertically integrated undertaking

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Article 79 Commitments procedure

Article 80 Wholesale-only undertakings

Article 81 Migration from legacy infrastructure

Article 82 BEREC guidelines on very high capacity networks

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CHAPTER V Regulatory control of retail services

Article 83 Regulatory control of retail services

TITLE I UNIVERSAL SERVICE OBLIGATIONS

Article 84 Affordable universal service

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Article 85 Provision of affordable universal service

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Article 86 Availability of universal service

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Article 87 Status of the existing universal service

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Article 88 Control of expenditure

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Article 89 Cost of universal service obligations

Article 90 Financing of universal service obligations

Article 91 Transparency

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Article 92 Additional mandatory services

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TITLE II NUMBERING RESOURCES

Article 93 Numbering resources

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Article 94 Procedure for granting of rights of use for numbering resources

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Article 95 Fees for rights of use for numbering resources

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Article 96 Missing children and child helpline hotlines

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Article 97 Access to numbers and services

TITLE III END-USER RIGHTS

Article 98 Exemption of certain microenterprises

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Article 99 Non-discrimination

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Article 100 Fundamental rights safeguard

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Article 101 Level of harmonisation

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Article 102 Information requirements for contracts

Article 103 Transparency, comparison of offers and publication of information

Article 104 Quality of service related to internet access services and publicly available interpersonal communications services

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Article 105 Contract duration and termination

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Article 106 Provider switching and number portability

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Article 107 Bundled offers

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Article 108 Availability of services

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Article 109 Emergency communications and the single European emergency number

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Article 110 Public warning system

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Article 111 Equivalent access and choice for end-users with disabilities

Article 112 Directory enquiry services

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Article 113 Interoperability of car radio and consumer radio receivers and consumer digital television equipment

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Article 114 ‘Must carry’ obligations

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Article 115 Provision of additional facilities

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Article 116 Adaptation of annexes

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PART IV FINAL PROVISIONS

Article 117 Exercise of the delegation

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Article 118 Committee

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Article 119 Exchange of information

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Article 120 Publication of information

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Article 121 Notification and monitoring

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Article 122 Review procedures

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Article 123 Specific review procedure on end-user rights

Article 124 Transposition

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Article 125 Repeal

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Article 126 Entry into force

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Article 127 Addressees

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Preamble

ANNEX I LIST OF CONDITIONS WHICH MAY BE ATTACHED TO GENERAL AUTHORISATIONS, RIGHTS OF USE FOR RADIO SPECTRUM AND RIGHTS OF USE FOR NUMBERING RESOURCES

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A. General conditions which may be attached to a general authorisation

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B. Specific conditions which may be attached to a general authorisation for the provision of electronic communications networks

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C. Specific conditions which may be attached to a general authorisation for the provision of electronic communications services, except number-independent interpersonal communications services

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D. Conditions which may be attached to rights of use for radio spectrum

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10.

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E. Conditions which may be attached to rights of use for numbering resources

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10.

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ANNEX II CONDITIONS FOR ACCESS TO DIGITAL TELEVISION AND RADIO SERVICES BROADCAST TO VIEWERS AND LISTENERS IN THE UNION

Part I Conditions for conditional access systems to be applied in accordance with Article 62(1)

Part II Other facilities to which conditions may be applied under point (D) of Article 61(2)

ANNEX III CRITERIA FOR THE DETERMINATION OF WHOLESALE VOICE TERMINATION RATES

ANNEX IV CRITERIA FOR ASSESSING CO-INVESTMENT OFFERS

ANNEX V MINIMUM SET OF SERVICES WHICH THE ADEQUATE BROADBAND INTERNET ACCESS SERVICE IN ACCORDANCE WITH ARTICLE 84(3) SHALL BE CAPABLE OF SUPPORTING

ANNEX VI DESCRIPTION OF FACILITIES AND SERVICES REFERRED TO IN ARTICLE 88 (CONTROL OF EXPENDITURE), ARTICLE 115 (ADDITIONAL FACILITIES) AND ARTICLE 106 (PROVIDER SWITCHING AND NUMBER PORTABILITY)

Part A Facilities and services referred to in Articles 88 and 115

Part B Facilities referred to in Article 115

Part C Implementation of the number portability provisions referred to in Article 106

ANNEX VII CALCULATING THE NET COST, IF ANY, OF UNIVERSAL SERVICE OBLIGATIONS AND ESTABLISHING ANY COMPENSATION OR SHARING MECHANISM IN ACCORDANCE WITH ARTICLES 89 AND 90

Part A Calculation of net cost

Part B Compensation of net costs of universal service obligations

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ANNEX VIII INFORMATION REQUIREMENTS TO BE PROVIDED IN ACCORDANCE WITH ARTICLE 102 (INFORMATION REQUIREMENTS FOR CONTRACTS)

ANNEX IX INFORMATION TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 103 (TRANSPARENCY AND PUBLICATION OF INFORMATION)

ANNEX X QUALITY OF SERVICE PARAMETERS

Quality-of-Service Parameters, Definitions and Measurement Methods referred to in Article 104

Version number of ETSI EG 202 057-1 is 1.3.1 (July 2008)

ANNEX XI INTEROPERABILITY OF CAR RADIO RECEIVERS AND CONSUMER DIGITAL TELEVISION EQUIPMENT REFERRED TO IN ARTICLE 113

Part A Repealed Directives with list of the successive amendments thereto (referred to in Article 125)

Table

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Part B Time-limits for transposition into national law and dates of application (referred to in Article 125)

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ANNEX XIII CORRELATION TABLE

Table

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