ANNEXES to the Proposal for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code

Council of the European Union Brussels, 14 October 2016 (OR. en)

12252/16

Interinstitutional File: ADD 1 REV 1

2016/0288 (COD) i

TELECOM 165 COMPET 486 MI 578 CONSOM 215 IA 72 CODEC 1269

PROPOSAL

No. Cion doc.: COM(2016) 590 final i/2 - Annexes 1 to 11

Subject: ANNEXES to the Proposal for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code

Delegations will find attached a new version of document COM(2016) 590 final i - Annexes 1 to 11.

Encl.: COM(2016) 590 final i/2 - Annexes 1 to 11

EUROPEAN COMMISSION

Brussels, 12.10.2016 COM(2016) 590 final i/2 ANNEXES 1 to 11

NOTE

Correction of cross reference.

New version of SWD(2016) 303 final/2 correcting technical problems.

ANNEXES

to the

Proposal for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code

{SWD(2016) 303 final/2} {SWD(2016) 304 final} {SWD(2016) 305 final} {SWD(2016) 313 final} ANNEXES

to the Proposal for a Directive of the European Parliament and of the Council

establishing the European Electronic Communications Code

 2002/20/EC (adapted)

ANNEX I

 LIST OF CONDITIONS WHICH MAY BE ATTACHED TO GENERAL

AUTORISATIONS, RIGHTS OF USE OF RADIO SPECTRUM AND RIGHTS TO USE NUMBERS 

 2009/140/EC Art. 3.11 and

Annex .1 (adapted)

 new

The conditions listed in this Annex provide the maximum list of conditions which may be attached to general authorisations  for electronic communications networks and services, except number-independent interpersonal communications services , (Part A),  electronic communications networks (Part B), electronic communications services, except numberindependent interpersonal communications services, (Part C)  rights to use radio frequencies (Part BD) and rights to use numbers (Part CE) as referred to in Article 6(1) and Article 11(1)(a), within the limits allowed under Articles 5, 6, 7, 8 and 9 of Directive 2002/21/EC i (the Framework Directive).

 2002/20/EC (adapted)

• A. 

   G ENERAL  C C ONDITIONS WHICH MAY BE ATTACHED TO A GENERAL

  AUTHORISATION

• 1. 

  Financial contributions to the funding of universal service in conformity with Directive 2002/22/EC i (Universal Service Directive).

• 21. 

  Administrative charges in accordance with Article 12 16 of this Directive.

   2009/140/EC Art. 3.11 and

  Annex .2(b) 72. Personal data and privacy protection specific to the electronic communications sector in conformity with Directive 2002/58/EC i of the European Parliament and of the Council

(Directive on privacy and electronic communications) 1

 2002/20/EC

 1 2009/140/EC Art. 3.11 and

Annex .2(d) 103. Information to be provided under a notification procedure in accordance with Article 3(3) 12 of this Directive and for other purposes as included in Article 11 21 of this Directive. 114. Enabling of legal interception by competent national authorities in conformity with

 1 Directive 2002/58/EC i  and Directive 95/46/EC i of the European Parliament and of the

Council of 24 October 1995 on the protection of individuals with regard to the processing of

personal data and on the free movement of such data 2 .

 2009/140/EC Art. 3.11 and

Annex .2(e) 11a5. Terms of use for communications from public authorities to the general public for warning the public of imminent threats and for mitigating the consequences of major catastrophes.

 2009/140/EC Art. 3.11 and

Annex .2(f) 126. Terms of use during major disasters or national emergencies to ensure communications between emergency services and authorities.

 2002/20/EC (adapted)

• 147. 

  Access obligations other than those provided for in Article 6(2) 13 of this Directive applying to undertakings providing electronic communications networks or services, in conformity with Directive 2002/19/EC i (Access Directive).

   2002/20/EC

• 188. 

  Measures designed to ensure compliance with the standards and/or specifications referred to in Article 39 17 of Directive 2002/21/EC i (Framework Directive).

1 OJ L 201, 31.7.2002, p. 37.

2 OJ L 281, 23.11.1995, p. 31.

 2009/140/EC Art. 3.11 and

Annex .2(h) (adapted) 199. Transparency obligations on public communications network providers providing electronic communications services available to the public to ensure end-to-end connectivity, in conformity with the objectives and principles set out in Article 3 8 of Directive 2002/21/EC i (Framework Directive), disclosure regarding any conditions limiting access to and/or use of services and applications where such conditions are allowed by Member States in conformity with Community law, and, where necessary and proportionate, access by national regulatory authorities to such information needed to verify the accuracy of such disclosure.

 2002/20/EC (adapted)

 B. SPECIFIC CONDITIONS WHICH MAY BE ATTACHED TO A GENERAL AUTHORISATION

FOR THE PROVISION OF ELECTRONIC COMMUNICATIONS NETWORKS  31. Interoperability of services and iInterconnection of networks in conformity withthis Directive 2002/19/EC i (Access Directive).

 2002/20/EC

• 5. 

  Environmental and town and country planning requirements, as well as requirements and conditions linked to the granting of access to or use of public or private land and conditions linked to co-location and facility sharing in conformity with Directive 2002/22/EC i (Framework Directive) and including, where applicable, any financial or technical guarantees necessary to ensure the proper execution of infrastructure works.

• 62. 

  ‘Must carry’ obligations in conformity with this Directive 2002/22/EC i (Universal Service Directive).

   2002/20/EC (adapted)  new

• 133. 

  Measures  for the protection of public health against  regarding the limitation of exposure of the general public to electromagnetic fields caused by electronic communications networks in accordance with Community  Union  law  , taking utmost account of Council Recommendation No 1999/519/EC  .

• 154. 

  Maintenance of the integrity of public communications networks in accordance with this Directive 2002/19/EC i (Access Directive) and Directive 2002/22/EC i (Universal Service Directive) including by conditions to prevent electromagnetic interference between electronic communications networks and/or services in accordance with Council Directive 89/336/EEC i of 3 May 1989 on the approximation of the laws of the Member States relating to

electromagnetic compatibility 3 .

3 OJ L 139, 23.5.1989, p. 19. Directive as last amended by Directive 93/68/EEC i (OJ L 220, 30.8.1993, p.

1).

 2009/140/EC Art. 3.11 and

Annex .2(g) 165. Security of public networks against unauthorised access according to Directive 2002/58/EC i (Directive on Privacy and electronic communications).

 2002/20/EC (adapted)  new

• 176. 

  Conditions for the use of radio frequencies  spectrum  , in conformity with Article 7(2) of Directive 1999/5/EC i 2014/53/EU, where such use is not made subject to the granting of individual rights of use in accordance with Articles 546(1)  and 48  of this Directive.

   2009/140/EC Art. 3.11 and

  Annex .2(h) (adapted) 197. Transparency obligations on public communications network providers providing electronic communications services available to the public to ensure end-to-end connectivity, in conformity with the objectives and principles set out in Article 3 8 of Directive 2002/21/EC i (Framework Directive), disclosure regarding any conditions limiting access to and/or use of services and applications where such conditions are allowed by Member States in conformity with Community law, and, where necessary and proportionate, access by national regulatory authorities to such information needed to verify the accuracy of such disclosure.

 C . SPECIFIC CONDITIONS WHICH MAY BE ATTACHED TO A GENERAL AUTHORISATION FOR

THE PROVISION OF ELECTRONIC COMMUNICATIONS SERVICES , EXCEPT NUMBER - INDEPENDENT INTERPERSONAL COMMUNICATIONS SERVICES 

 new

• 1. 

  Interoperability of services in conformity with this Directive.

   2009/140/EC Art. 3.11 and

  Annex .2(a) 42. Accessibility by end users of numbers from the national numbering plan, numbers from the European Telephone Numbering Space, the Universal International Freephone Numbers, and, where technically and economically feasible, from numbering plans of other Member States, and conditions in conformity with this Directive 2002/22/EC i (Universal Service Directive).

   2009/140/EC Art. 3.11 and

  Annex .2(c) (adapted) 83. Consumer protection rules specific to the electronic communications sector, including conditions in conformity with Directive 2002/22/EC i (Universal Service Directive), and conditions on accessibility for users with disabilities in accordance with Article 7 of that Directive.

   2002/20/EC

• 94. 

  Restrictions in relation to the transmission of illegal content, in accordance with Directive 2000/31/EC i of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal

market 4 and restrictions in relation to the transmission of harmful content in accordance with

Directive 2010/13 i/EU of the European Parliament and of the Council Council Directive 89/552/EEC i of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television

broadcasting activities 5 .

 2002/20/EC (adapted)

BD. C ONDITIONS WHICH MAY BE ATTACHED TO RIGHTS OF USE FOR RADIO FREQUENCIES

 SPECTRUM 

 2009/140/EC Art. 3.11 and

Annex .3(a) (adapted) 1. Obligation to provide a service or to use a type of technology  within the limits of Article 45 of this Directive  for which the rights of use for the frequency has been granted including, where appropriate, coverage and quality  of service  requirements.

 2009/140/EC Art. 3.11 and

Annex .3(b)

 new

• 2. 

  Effective and efficient use of frequencies  spectrum  in conformity with this Directive 2002/21/EC i (Framework Directive).

   2002/20/EC  new

• 3. 

  Technical and operational conditions necessary for the avoidance of harmful interference and for the  protection of public health against  limitation of exposure of the general public to electromagnetic fields,  taking utmost account of Council Recommendation No

1999/519/EC 6  where such conditions are different from those included in the general

authorisation.

• 4. 

  Maximum duration in conformity with Article 549 of this Directive, subject to any changes in the national frequency plan.

4 OJ L 178, 17.7.2000, p. 1.

5 OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC i of the European Parliament

and of the Council (OJ L 202, 30.7.1997, p. 60).

6 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).

• 5. 

  Transfer  or leasing  of rights at the initiative of the right holder and conditions for such transfer in conformity with this Directive 2002/21/EC i (Framework Directive). 6. Usage fees in accordance with Article 13 42 of this Directive.

• 7. 

  Any commitments which the undertaking obtaining the usage right has made in the

 framework of an authorisation or authorisation renewal process prior to the authorisation

being granted or, where applicable, to the invitation for application for rights of use  course of a competitive or comparative selection procedure.

 new

• 8. 

  Obligations to pool or share radio spectrum or allow access to radio spectrum for other users in specific regions or at national level.

   2002/20/EC

• 89. 

  Obligations under relevant international agreements relating to the use of frequencies.

   2009/140/EC Art. 3.11 and

  Annex .3(c) 910. Obligations specific to an experimental use of radio frequencies.

   2002/20/EC

CE. C ONDITIONS WHICH MAY BE ATTACHED TO RIGHTS OF USE FOR NUMBERS

 2009/140/EC Art. 3.11 and

Annex .4 1. Designation of service for which the number shall be used, including any requirements linked to the provision of that service and, for the avoidance of doubt, tariff principles and maximum prices that can apply in the specific number range for the purposes of ensuring consumer protection in accordance with Article 8(4)(b) of Directive 2002/21/EC i (Framework Directive)3(2)(d) of this Directive.

 2002/20/EC  new

• 2. 

  Effective and efficient use of numbers in conformity with this Directive 2002/21/EC i (Framework Directive).

• 3. 

  Number portability requirements in conformity with this Directive 2002/22/EC i (Universal Service Directive).

• 4. 

  Obligation to provide public directory subscriber  end user  information for the purposes of Articles 5 and 25104 of Directive 2002/22/EC i (Universal Service Directive).

• 5. 

  Maximum duration in conformity with Article 546 of this Directive, subject to any changes in the national numbering plan.

• 6. 

  Transfer of rights at the initiative of the right holder and conditions for such transfer in conformity with this Directive 2002/21/EC i (Framework Directive). 7. Usage fees in accordance with Article 13 42 of this Directive.

• 8. 

  Any commitments which the undertaking obtaining the usage right has made in the course of a competitive or comparative selection procedure.

• 9. 

  Obligations under relevant international agreements relating to the use of numbers.

   new

• 10. 

  Obligations concerning the extraterritorial use of numbers within the Union to ensure compliance with consumer protection and other number-related rules in Member States other than that of the country code.

   2002/19/EC (adapted)

  ANNEX II CONDITIONS FOR ACCESS TO DIGITAL TELEVISION AND RADIO SERVICES

BROADCAST TO VIEWERS AND LISTENERS IN THE COMMUNITY

 UNION 

P ART I: C ONDITIONS FOR CONDITIONAL ACCESS SYSTEMS TO BE APPLIED IN ACCORDANCE WITH A RTICLE 660(1)

In relation to conditional access to digital television and radio services broadcast to viewers and listeners in the Community  Union  , irrespective of the means of transmission, Member States must ensure in accordance with Article 6 60 that the following conditions apply:

(a) conditional access systems operated on the market in the Community are to have the necessary technical capability for cost-effective transcontrol allowing the possibility for full control by network operators at local or regional level of the services using such conditional access systems; (ba) all operators of conditional access services, irrespective of the means of transmission, who provide access services to digital television and radio services and whose access services broadcasters depend on to reach any group of potential viewers or listeners are to: – offer to all broadcasters, on a fair, reasonable and non-discriminatory basis compatible with Community  Union  competition law, technical services enabling the broadcasters' digitally-transmitted services to be received by viewers or listeners authorised by means of decoders administered by the service operators, and comply with Community  Union  competition law, – keep separate financial accounts regarding their activity as conditional access providers. (cb) when granting licences to manufacturers of consumer equipment, holders of industrial property rights to conditional access products and systems are to ensure that this is done on fair, reasonable and non-discriminatory terms. Taking into account technical and commercial factors, holders of rights are not to subject the granting of licences to conditions prohibiting, deterring or discouraging the inclusion in the same product of: – a common interface allowing connection with several other access systems, or – means specific to another access system, provided that the licensee complies with the relevant and reasonable conditions ensuring, as far as he is concerned, the security of transactions of conditional access system operators.

P ART II: O THER FACILITIES TO WHICH CONDITIONS MAY BE APPLIED UNDER A RTICLE 559(1)( B )

(a) Access to application program interfaces (APIs); (b) Access to electronic programme guides (EPGs).

 2009/140/EC Art. 2.12(a)

ANNEX II MINIMUM LIST OF ITEMS TO BE INCLUDED IN A REFERENCE OFFER FOR WHOLESALE NETWORK INFRASTRUCTURE ACCESS, INCLUDING SHARED

OR FULLY UNBUNDLED ACCESS TO THE LOCAL LOOP AT A FIXED LOCATION TO BE PUBLISHED BY NOTIFIED OPERATORS WITH

SIGNIFICANT MARKET POWER (SMP)

 2002/19/EC

For the purposes of this Annex the following definitions apply:

 2009/140/EC Art. 2.12(b)

(a)‘local sub-loop’ means a partial local loop connecting the network termination point to a concentration point or a specified intermediate access point in the fixed

public electronic communications network;

 2002/19/EC

(b)‘unbundled access to the local loop’ means full unbundled access to the local loop and shared access to the local loop; it does not entail a change in ownership of the

local loop;

 2009/140/EC Art. 2.12(c)

(c)‘full unbundled access to the local loop’ means the provision to a beneficiary of access to the local loop or local sub-loop of the SMP operator allowing the use of the

full capacity of the network infrastructure;

 2009/140/EC Art. 2.12(d)

(d)‘shared access to the local loop’ means the provision to a beneficiary of access to the local loop or local sub-loop of the SMP operator, allowing the use of a specified

part of the capacity of the network infrastructure such as a part of the frequency or an equivalent.

 2002/19/EC

A.C ONDITIONS FOR UNBUNDLED ACCESS TO THE LOCAL LOOP

 2009/140/EC Art. 2.12(e)

• 1. 

  Network elements to which access is offered covering in particular the following elements together with appropriate associated facilities:

  (a) unbundled access to local loops (full and shared); (b) unbundled access to local sub-loops (full and shared), including, when relevant, access to network elements which are not active for the purpose of roll-out of backhaul networks; (c) where relevant, duct access enabling the roll out of access networks.

• 2. 

  Information concerning the locations of physical access sites including cabinets and distribution frames, availability of local loops, sub-loops and backhaul in specific parts of the access network and when relevant, information concerning the locations of ducts and the availability within ducts;

• 3. 

  Technical conditions related to access and use of local loops and sub-loops, including the technical characteristics of the twisted pair and/or optical fibre and/or equivalent, cable distributors, and associated facilities and, when relevant, technical conditions related to access to ducts;

   2002/19/EC

• 4. 

  Ordering and provisioning procedures, usage restrictions.

B.C O - LOCATION SERVICES

 2009/140/EC Art. 2.12(f)

• 1. 

  Information on the SMP operator's existing relevant sites or equipment locations and

planned update thereof 7 .

 2002/19/EC

• 2. 

  Co-location options at the sites indicated under point 1 (including physical co-location and, as appropriate, distant co-location and virtual co-location). 3. Equipment characteristics: restrictions, if any, on equipment that can be co-located. 4. Security issues: measures put in place by notified operators to ensure the security of their locations.

• 5. 

  Access conditions for staff of competitive operators.

• 6. 

  Safety standards.

• 7. 

  Rules for the allocation of space where co-location space is limited.

• 8. 

  Conditions for beneficiaries to inspect the locations at which physical co-location is available, or sites where co-location has been refused on grounds of lack of capacity.

7 Availability of this information may be restricted to interested parties only, in order to avoid public

security concerns.

C.I NFORMATION SYSTEMS

Conditions for access to notified operator's operational support systems, information systems or databases for pre-ordering, provisioning, ordering, maintenance and repair requests and billing.

D.S UPPLY CONDITIONS

• 1. 

  Lead time for responding to requests for supply of services and facilities; service level agreements, fault resolution, procedures to return to a normal level of service and quality of service parameters.

• 2. 

  Standard contract terms, including, where appropriate, compensation provided for failure to meet lead times.

• 3. 

  Prices or pricing formulae for each feature, function and facility listed above.

   new

  ANNEX III CRITERIA FOR THE DETERMINATION OF WHOLESALE CALL

TERMINATION RATES

Criteria and parameters for the determination of rates for wholesale call termination on fixed and mobile markets, referred to in Article 73 (4):

(a) the relevant incremental costs of the wholesale voice call termination service shall be determined by the difference between the total long-run costs of an operator providing its full range of services and the total long-run costs of that operator not providing a wholesale voice call termination service to third parties;

(b) only those traffic related costs which would be avoided in the absence of a wholesale voice call termination service being provided shall be allocated to the relevant termination increment;

(c) costs related to additional network capacity shall be included only to the extent that they are driven by the need to increase capacity for the purpose of carrying additional wholesale voice call termination traffic;

(d) radio spectrum fees shall be excluded from the mobile termination increment;

(e) only those wholesale commercial costs shall be included which are directly related to the provision of the wholesale voice call termination service to third parties;

(f) all fixed network operators shall be deemed to provide voice call termination services at the same unit costs as the efficient operator, regardless of their size;

(g) for mobile network operators, the minimum efficient scale shall be set at a market share not below 20%;

(h) the relevant approach for asset depreciation shall be economic depreciation; and

(i) the technology choice of the modelled networks shall be forward looking, based on an IP core network, taking into account the various technologies likely to be used over the period of validity of the maximum rate. In the case of fixed networks, calls shall be considered to be exclusively packet switched.

ANNEX IV CRITERIA FOR ASSESSING CO-INVESTMENT OFFERS When assessing a co-investment offer pursuant to Article 74 (1) (d), the national regulatory authority shall verify whether the following criteria have been met: (a) The co-investment offer shall be open to any undertaking over the lifetime of the

network built under a co-investment offer on a non-discriminatory basis. The SMP operator may include in the offer reasonable conditions regarding the financial capacity of any undertaking, so that for instance potential co-investors need to demonstrate their ability to deliver phased payments on the basis of which the deployment is planned, the acceptance of a strategic plan on the basis of which medium-term deployment plans are prepared, etc.

(b) The co-investment offer shall be transparent:

– the offer is available and easily identified on the website of the SMP operator; – full detailed terms must be made available without undue delay to any potential bidder that has expressed an interest, including the legal form of the coinvestment agreement and - when relevant - the heads of term of the governance rules of the co-investment vehicle; and – The process, like the road map for the establishment and development of the co-investment project must be set in advance, it must clearly explained in writing to any potential co-investor, and all significant milestones be clearly communicated to all undertakings without any discrimination.

(c) The co-investment offer shall include terms to potential co-investors which favour sustainable competition in the long term, in particular:

– All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of the protection awarded to the coinvestors by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the co-invested network and in terms of the conditions for joining and potentially terminating the co-investment agreement. Non-discriminatory terms in this context do not entail that all potential coinvestors must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.

– The offer must allow flexibility in terms of the value and timing of the commitment provided by each co-investor, for example by means of an agreed and potentially increasing percentage of the total end user lines in a given area, to which co-investors have the possibility to commit gradually and which shall be set at a unit level enabling smaller co-investors to gradually increase their participation while ensuring adequate levels of initial commitment. The determination of the financial consideration to be provided by each co-investor needs to reflect the fact that early investors accept greater risks and engage capital sooner.

– A premium increasing over time has to be considered as justified for commitments made at later stages and for new co-investors entering the coinvestment after the commencement of the project, to reflect diminishing risks and to counteract any incentive to withhold capital in the earlier stages.

– The co-investment agreement has to allow the assignment of acquired rights by co-investors to other co-investors, or to third parties willing to enter into the co-investment agreement subject to the transferee undertaking being obliged to fulfil all original obligations of the transferor under the co-investment agreement.

– Co-investors have to grant each other reciprocal rights on fair and reasonable terms and conditions to access the co-invested infrastructure for the purposes of providing services downstream, including to end-users, according to transparent conditions which have to be made transparent in the co-investment offer and subsequent agreement, in particular where co-investors are individually and separately responsible for the deployment of specific parts of the network. If a co-investment vehicle is created, it has to provide access to the network to all co-investors, whether directly or indirectly, on an equivalence of inputs basis and according to fair and reasonable terms and conditions, including financial conditions that reflect the different levels of risk accepted by the individual co-investors.

(d) The co-investment offer shall ensure a sustainable investment likely to meet future needs, by deploying new network elements that contribute significantly to the deployment of very high capacity networks.

 new

ANNEX V LIST OF SERVICES WHICH THE FUNCTIONAL INTERNET ACCESS SERVICE SHALL BE CAPABLE OF SUPPORTING IN ACCORDANCE WITH ARTICLE 79(2) (1) E-mail

(2) search engines enabling search and finding of all type of information

(3) basic training and education online tools

(4) online newspapers/news

(5) buying/ordering goods or services online

(6) job searching and job searching tools

(7) professional networking

(8) internet banking

(9) eGovernment service use

(10) social media and instant messaging

(11) calls and video calls (standard quality)

 2009/136/EC Art. 1.28 and

Annex I (adapted)

 new

ANNEX IVI DESCRIPTION OF FACILITIES AND SERVICES REFERRED TO IN ARTICLE 10 83 (CONTROL OF EXPENDITURE), ARTICLE 29 107 (ADDITIONAL FACILITIES) AND ARTICLE 30 99 (FACILITATING CHANGE OF PROVIDER  AND NUMBER

PORTABILITY  )

P ART A: F ACILITIES AND SERVICES REFERRED TO IN A RTICLE 1083

(a) Itemised billing

Member States are to ensure that national regulatory authorities, subject to the requirements of relevant legislation on the protection of personal data and privacy, may lay down the basic level of itemised bills which are to be provided by undertakings to subscribers  end-users  free of charge in order that they can:

(i) allow verification and control of the charges incurred in using the public communications network at a fixed location and/or related publicly available

telephone  voice communications  services  , or number-based interpersonal communications services in the case of Article 107  ; and (ii) adequately monitor their usage and expenditure and thereby exercise a reasonable degree of control over their bills.

Where appropriate, additional levels of detail may be offered to subscribers  end-users  at reasonable tariffs or at no charge.

Calls which are free of charge to the calling subscribers  end-users , including calls to helplines, are not to be identified in the calling subscriber's  end user's  itemised bill. (b) Selective barring for outgoing calls or premium SMS or MMS, or, where technically

feasible, other kinds of similar applications, free of charge i.e. the facility whereby the subscribers  end-users  can, on request to the designated undertaking that provides telephone  voice communications  services  , or numberbased interpersonal communications services in the case of Article 107  , bar outgoing calls or premium SMS or MMS or other kinds of similar applications of defined types or to defined types of numbers free of charge.

(c) Pre-payment systems

Member States are to ensure that national regulatory authorities may require designated undertakings to provide means for consumers to pay for access to the public communications network and use of publicly available telephone  voice communications  services  , or number-based interpersonal communications services in the case of Article 107,  on prepaid terms.

(d) Phased payment of connection fees

Member States are to ensure that national regulatory authorities may require designated undertakings to allow consumers to pay for connection to the public communications network on the basis of payments phased over time.

(e) Non-payment of bills

Member States are to authorise specified measures, which are to be proportionate, nondiscriminatory and published, to cover non-payment of telephone bills issued by undertakings. These measures are to ensure that due warning of any consequent service interruption or disconnection is given to the subscribers  end-users  beforehand. Except in cases of fraud, persistent late payment or non-payment, these measures are to ensure, as far as is technically feasible that any service interruption is confined to the service concerned. Disconnection for non-payment of bills should take place only after due warning is given to the subscribers  end-users  . Member States may allow a period of limited service prior to complete disconnection, during which only calls that do not incur a charge to the subscribers

 end-users  (e.g. ‘112’ calls) are permitted.

(f) Tariff advice i.e. the facility whereby subscribers  end-users  may request the undertaking to provide information regarding alternative lower-cost tariffs, if available.

(g) Cost control i.e. the facility whereby undertakings offer other means, if determined to be appropriate by national regulatory authorities, to control the costs of publicly available telephone  voice communications  services,  or number-based interpersonal communications services in the case of Article 107,  including free-of-charge alerts to consumers in case of abnormal or excessive consumption patterns.

P ART B: F ACILITIES REFERRED TO IN A RTICLE 29107

(a) Tone dialling or DTMF (dual-tone multi-frequency operation) i.e. the public communications network and/or publicly available telephone services supports the use of DTMF tones as defined in ETSI ETR 207 for end-to-end signalling throughout the network both within a Member State and between Member States.

(b) Calling-line identification i.e. the calling party’s number is presented to the called party prior to the call being established.

This facility should be provided in accordance with relevant legislation on protection of personal data and privacy, in particular Directive 2002/58/EC i (Directive on privacy and electronic communications).

To the extent technically feasible, operators should provide data and signals to facilitate the offering of calling-line identity and tone dialling across Member State boundaries.

P ART C: I MPLEMENTATION OF THE NUMBER PORTABILITY PROVISIONS REFERRED TO IN A RTICLE 3099

The requirement that all subscribers  end-users  with numbers from the national numbering plan, who so request can retain their number(s) independently of the undertaking providing the service shall apply:

(a) in the case of geographic numbers, at a specific location; and (b) in the case of non-geographic numbers, at any location.

This Part does not apply to the porting of numbers between networks providing services at a fixed location and mobile networks.

 2002/22/EC (adapted)  new

ANNEX IVVII CALCULATING THE NET COST, IF ANY, OF UNIVERSAL SERVICE OBLIGATIONS AND ESTABLISHING ANY RECOVERY OR SHARING

MECHANISM IN ACCORDANCE WITH ARTICLES 12 84 AND 1385

P ART A: C ALCULATION OF NET COST

Universal service obligations refer to those obligations placed upon an undertaking by a Member State which concern the provision of  universal service as set out in Articles 79, 81 and 82  a network and service throughout a specified geographical area, including, where required, averaged prices in that geographical area for the provision of that service or provision of specific tariff options for consumers with low incomes or with special social needs.

National regulatory authorities are to consider all means to ensure appropriate incentives for undertakings (designated or not) to provide universal service obligations cost efficiently. In undertaking a calculation exercise, the net cost of universal service obligations is to be calculated as the difference between the net cost for  any  designated undertaking of operating with the universal service obligations and operating without the universal service obligations. This applies whether the network in a particular Member State is fully developed or is still undergoing development and expansion. Due attention is to be given to correctly assessing the costs that any designated undertaking would have chosen to avoid had there been no universal service obligation. The net cost calculation should assess the benefits, including intangible benefits, to the universal service operator. The calculation is to be based upon the costs attributable to:

(i) elements of the identified services which can only be provided at a loss or provided under cost conditions falling outside normal commercial standards. This category may include service elements such as access to emergency telephone services, provision of certain public pay telephones, provision of certain services or equipment for disabled people, etc; (ii) specific end-users or groups of end-users who, taking into account the cost of providing the specified network and service, the revenue generated and any geographical averaging of prices imposed by the Member State, can only be served at a loss or under cost conditions falling outside normal commercial standards. This category includes those end-users or groups of end-users which would not be served by a commercial operator which did not have an obligation to provide universal service.

The calculation of the net cost of specific aspects of universal service obligations is to be made separately and so as to avoid the double counting of any direct or indirect benefits and costs. The overall net cost of universal service obligations to any undertaking is to be calculated as the sum of the net costs arising from the specific components of universal service obligations, taking account of any intangible benefits. The responsibility for verifying the net cost lies with the national regulatory authority.

P ART B: R ECOVERY OF ANY NET COSTS OF UNIVERSAL SERVICE OBLIGATIONS

The recovery or financing of any net costs of universal service obligations requires designated undertakings with universal service obligations to be compensated for the services they provide under non-commercial conditions. Because such a compensation involves financial transfers, Member States are to ensure that these are undertaken in an objective, transparent, non-discriminatory and proportionate manner. This means that the transfers result in the least distortion to competition and to user demand.

In accordance with Article 13(3), a sharing mechanism based on a fund should use a transparent and neutral means for collecting contributions that avoids the danger of a double imposition of contributions falling on both outputs and inputs of undertakings. The independent body administering the fund is to be responsible for collecting contributions from undertakings which are assessed as liable to contribute to the net cost of universal service obligations in the Member State and is to oversee the transfer of sums due and/or administrative payments to the undertakings entitled to receive payments from the fund.

ANNEX IIVIII INFORMATION TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 2196

(TRANSPARENCY AND PUBLICATION OF INFORMATION) The national regulatory authority has a responsibility to ensure that the information in this Annex is published, in accordance with Article 2196. It is for the national regulatory authority to decide which information is to be published by the undertakings providing  publicly available electronic communications services, except number-independent interpersonal communications services  public communications networks and/or publicly available telephone services and which information is to be published by the national regulatory authority itself, so as to ensure that consumers are able to make informed choices.  If deemed appropriate, national regulatory authorities may promote self- or co-regulatory measures prior to imposing any obligation. 

• 1. 

  Name(s) and address(es)  Contact details  of  the  undertaking(s) i.e. names and head office addresses of undertakings providing public communications networks and/or publicly available telephone services.

• 2. 

  Description of  the  services offered

2.1. Scope of  the  services offered  and the main characteristics of each service provided, including any minimum service quality levels offered and any restrictions imposed by the provider on the use of terminal equipment supplied  .

2.2. Standard tTariffs  of the services offered, including information on communications volumes of specific tariff plans and the applicable tariffs for additional communication units, numbers or services subject to particular pricing conditions,  indicating the services provided and the content of each tariff element (e.g. charges for access  and maintenance  , all types of usage charges, maintenance charges), and including details of standard discounts applied and special and targeted tariff schemes and any additional charges, as well as costs with respect to terminal equipment.

2.3. Compensation/refund policy, including specific details of any compensation/refund schemes offered.

2.43. Types of  After-sales and  maintenance service  services  offered  and their contact details  .

2.54. Standard contract conditions, including any minimum contractual period  contract duration  ,  charges due on early  termination of the contract,  rights related to the termination of bundled offers or of elements thereof,  and procedures and direct charges related to the portability of numbers and other identifiers, if relevant.

 new

2.5. If the undertaking is a provider of number-based interpersonal communications services, information on access to emergency services and caller location information.

2.6. Details of products and services designed for disabled users.

 2002/22/EC (adapted)  new

• 3. 

  Dispute settlement mechanisms, including those developed by the undertaking.

• 4. 

  Information about rights as regards universal service, including, where appropriate, the facilities and services mentioned in Annex I.

  ANNEX IIIIX QUALITY OF SERVICE PARAMETERS Quality-of-Service Parameters, Definitions and Measurement Methods referred to in

  Articles 11 and 22 97 For undertakings providing access to a public communications network PARAMETER DEFINITION MEASUREMENT METHOD

  (Note 1) Supply time for initial connection ETSI EG 202 057 ETSI EG 202 057 Fault rate per access line ETSI EG 202 057 ETSI EG 202 057 Fault repair time ETSI EG 202 057 ETSI EG 202 057

For  number-based interpersonal communications services  undertakings providing a publicly available telephone service

 PARAMETER  DEFINITION  MEASUREMENT  METHOD 

(Note 2)  Call set up time ETSI EG 202 057 ETSI EG 202 057 (Note 2)

Response times for directory ETSI EG 202 057 ETSI EG 202 057 enquiry services

Proportion of coin and card ETSI EG 202 057 ETSI EG 202 057 operated public pay-telephones in working order

Bill correctness complaints ETSI EG 202 057 ETSI EG 202 057

 Voice connection quality   ETSI EG 202  ETSI EG 202 057 

057 

 Dropped call ratio   ETSI EG 202  ETSI EG 202 057 

057  Unsuccessful call ratio ETSI EG 202 057 ETSI EG 202 057 (Note 2)

 Failure probability 

 Call signalling delays 

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

 new

For Internet access services

PARAMETER DEFINITION MEASUREMENT METHOD Latency Jitter Packet loss

 2002/22/EC

Note 1 Parameters should allow for performance to be analysed at a regional level (i.e. no less than level 2 in the Nomenclature of Territorial Units for Statistics (NUTS) established by Eurostat).

Note 2 Member States may decide not to require up-to-date information concerning the performance for these two parameters to be kept if evidence is available to show that performance in these two areas is satisfactory.

 2002/22/EC

ANNEX V PROCESS FOR REVIEWING THE SCOPE OF UNIVERSAL SERVICE IN

ACCORDANCE WITH ARTICLE 15 In considering whether a review of the scope of universal service obligations should be undertaken, the Commission is to take into consideration the following elements: – social and market developments in terms of the services used by consumers, – social and market developments in terms of the availability and choice of services to

consumers, – technological developments in terms of the way services are provided to consumers. In considering whether the scope of universal service obligations be changed or redefined, the Commission is to take into consideration the following elements: – are specific services available to and used by a majority of consumers and does the

lack of availability or non-use by a minority of consumers result in social exclusion, and

– does the availability and use of specific services convey a general net benefit to all consumers such that public intervention is warranted in circumstances where the specific services are not provided to the public under normal commercial circumstances?

 2009/136/EC Art. 1.28 and

Annex II (adapted) ANNEX VI X

INTEROPERABILITY OF DIGITAL CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 24105

• 1. 

  C OMMON SCRAMBLING ALGORITHM AND FREE - TO - AIR RECEPTION

All consumer equipment intended for the reception of conventional digital television signals (i.e. broadcasting via terrestrial, cable or satellite transmission which is primarily intended for fixed reception, such as DVB-T, DVB-C or DVB-S), for sale or rent or otherwise made available in the Community  Union  , capable of descrambling digital television signals, is to possess the capability to:

– allow the descrambling of such signals according to a common European scrambling algorithm as administered by a recognised European standards organisation, currently ETSI,

– display signals that have been transmitted in the clear provided that, in the event that such equipment is rented, the renter is in compliance with the relevant rental agreement.

• 2. 

  I NTEROPERABILITY FOR ANALOGUE AND DIGITAL TELEVISION SETS

Any analogue television set with an integral screen of visible diagonal greater than 42 cm which is put on the market for sale or rent in the Community is to be fitted with at least one open interface socket, as standardised by a recognised European standards organisation, e.g. as given in the Cenelec EN 50 049-1:1997 standard, permitting simple connection of peripherals, especially additional decoders and digital receivers.

Any digital television set with an integral screen of visible diagonal greater than 30 cm which is put on the market for sale or rent in the Community  Union  is to be fitted with at least one open interface socket (either standardised by, or conforming to a standard adopted by, a recognised European standards organisation, or conforming to an industry-wide specification) e.g. the DVB common interface connector, permitting simple connection of peripherals, and able to pass all the  relevant  elements of a digital television signal, including information relating to interactive and conditionally accessed services.



ANNEX XI Part A

Repealed Directives with [list of the successive amendments thereto/the amendment thereto]

(referred to in Article 116)

Directive 2002/21/EC i of the European Parliament and of the Council

(OJ L 108, 24.4.2002, p. 33)

Directive 2009/140/EC i of the European Parliament and of the

Council Article 1

(OJ L 337, 18.12.2009, p. 37) Regulation (EC) 544/2009 i of the European Parliament and of the Article 2 Council (OJ L 167, 29.6.2009, p. 12) Regulation (EC) 717/2007 i of the European Parliament and of the Article 10 Council (OJ L 171, 29.6.2007, p. 32)

Directive 2002/20/EC i of the European Parliament and of the Council

(OJ L 108, 24.4.2002, p. 21)

Directive 2009/140/EC i of the European Parliament and of the

Council Article 3 &

(OJ L 337, 18.12.2009, p. 37) Annex

Directive 2002/19/EC i of the European Parliament and of the Council

(OJ L 108, 24.4.2002, p. 7)

Directive 2009/140/EC i of the European Parliament and of the

Council Article 2

(OJ L 337, 18.12.2009, p. 37) Directive 2002/22/EC i of the European Parliament and of the Council (OJ L 108, 24.4.2002, p. 51)

Directive 2009/136/EC i of the European Parliament and of the

Council Article 1 &

(OJ L 337, 18.12.2009, p. 11) Annex I

Regulation (EU) 2015/2120 of the European Parliament and of the

Council Article 8

(OJ L 310, 26.11.2015, p. 1) Part B

Time-limits for transposition into national law [and date(s) of application]

(referred to in Article 116)

Directive Time-limit for transposition Date of application

2002/19/EC 24 July 2003 25 July 2003

2002/20/EC 24 July 2003 25 July 2003

2002/21/EC 24 July 2003 25 July 2003

2002/22/EC 24 July 2003 25 July 2003

ANNEX XII

C ORRELATION T ABLE Directive Directive Directive Directive

2002/21/EC 2002/20/EC 2002/19/EC 2002/22/EC This Directive

Article 1(1), Article 1(1), (2) (2) and (3) and (3) Article 1(3a) Article 1(4) Article 1(4) Article 1(5) and and (5) (6) Article 2(a) Article 2(1) - - - - Article 2(2) Article 2(b) Article 2(3) Article 2(c) Article 2(4) - - - - Article 2(5) - - - - Article 2(6)

Article 2(7) Article 2(d) Article 2(8) Article 2(da) Article 2(9) Article 2(e) Article 2(10) Article 2(ea) Article 2(11) Article 2(f) Article 2(12) Article 2(g) -

Article 2(h) Article 2(13)

Article 2(i) Article 2(14)

Article 2(j) -

Article 2(k) -

Article 2(l) -

Article 2(m) Article 2(15)

Directive Directive Directive Directive

2002/21/EC 2002/20/EC 2002/19/EC 2002/22/EC This Directive

Article 2(n) Article 2(16)

Article 2(o) Article 2(17)

Article 2(p) Article 2(18)

Article 2(q) Article 2(19)

Article 2(r) Article 2(20)

Article 2(s) Article 2(21)

• - 

  - - - Article 2(22)

Article 3(1) Article 5(1)

• - 

  - - - Article 5(2)

Article 3(2) Article 6(1)

Article 3(3) Article 6(2)

Article 3(3a) Article 8(1)

first

subparagraph

• - 

  - - - Article 8(2)
• - 

  - - - Article 7(1)

Article 3(3a) Article 7(2) and

second (3)

subparagraph

Article 3(3a) Article 9(1)

third and(3)

subparagraph

• - 

  - - - Article 9(2)

Article 3(3b) Article 10(1)

Article 3(3c) Article 10(2)

Article 3(4) Article 5(3)

Article 3(5) Article 11

Article 3(6) Article 5(4)

Directive Directive Directive Directive

2002/21/EC 2002/20/EC 2002/19/EC 2002/22/EC This Directive

Article 4 Article 31

Article 5 Article 20

• - 

  - - - Article 22

Article 6 Article 23

Article 7 Article 32

Article 7a Article 33

• - 

  - - - Article 33(5)(c) Article 8(1) Article 3(1) and and (2) (2)

Article 8(5) Article 3(3)

Article 8a(1) Article 4(1) and and (2) (2)

• - 

  - - - Article 4(3)

Article 8a(3) Article 4(4)

• - 

  - - - Article 29

Article 9(1) Article 45(1) and and (2) (2)

• - 

  - - - Article 45(3)

Article 9(3) Article 45(4)

Article 9(4) Article 45(5) and and (5) (6)

Article 9(6) - and (7)

Article 9a -

Article 9b(1) Article 51(1) and and (2) (2)

Article 9b(3) Article 51(4)

• - 

  - - - Article 51(3)

Directive Directive Directive Directive

2002/21/EC 2002/20/EC 2002/19/EC 2002/22/EC This Directive

Article 10(1) Article 89(1)

Article 10(2) Article 89(3)

• - 

  - - - Article 89(2)

• - 

  - - - Article 89(4)

• - 

  - - - Article 89(5)

• - 

  - - - Article 89(6)

Article 10(3) Article 89(7)

Article 10(4) Article 89(8)

Article 10(5) -

Article 11 Article 43

Article 12(1) Article 44(1)

Article 12(2) -

Article 12(3) Article 59(2)

Article 12(4) -

Article 12(5) Article 44(2)

Article 13 Article 17

Article Article 40(1), (2) 13a(1), (2) and (3) and (3)

Article 13a(4) -

• - 

  Article 40(5)

• - 

  - - - Article 40(4)

Article Article 41(1), (2) 13b(1), (2) and (3) and (3)

• - 

  - - - Article 41(4)

Article 13b(4) Article 41(7)

Directive Directive Directive Directive

2002/21/EC 2002/20/EC 2002/19/EC 2002/22/EC This Directive

• - 

  - - - Article 41(5)

• - 

  - - - Article 41(6)

Article 14 Article 61

Article Article

15(1),(2),(3) 62(1),(2),(3)

• - 

  15 (4) (4)

- - - -

• - 

  - - - Article 64

Article 16 Article 65

Article 17 Article 39

Article 18 -

Article 19 Article 38

Article 20 Article 26

Article 21(1) Article 27(1)

Article 21(2) Article 27(2) first and second subparagraphs

Article 21(2) Article 27(3) third subparagraph

Article 21(2) Article 27(4) fourth & fifth subparagraphs

-

Article 27(5) Article 21(3) -

Directive Directive Directive Directive

2002/21/EC 2002/20/EC 2002/19/EC 2002/22/EC This Directive

Article 21(4) Article 27(6)

Article 21a Article 29

Article 22(1) Article 110(1)

Article 22(2) Article 110(3)

Article 22(3) Article 110(4)

• - 

  - - - Article 11(2)

• - 

  - - - Article 110(5)

• - 

  - - - Article 109

Article 23 Article 111

Article 24 Article 112(1) and (2)

Article 25 Article 114(1)

Article 26 Article 116

Article 28 Article 115

Article 29 Article 117

Article 30 Article 118

Annex II -

Article 1 Article 1(1) Article 2(1) - Article 2(2) Article 2(22)

• - 

  - - - Article 2(23)

• - 

  - - - Article 2(24)

• - 

  - - - Article 2(25)

• - 

  - - - Article 2(26)

  Article 3(1) Article 12(1) Directive Directive Directive Directive

2002/21/EC 2002/20/EC 2002/19/EC 2002/22/EC This Directive

Article 3(2) Article 12(2) first sentence

Article 3(2) 2 nd , Article 12(3) 3 rd and 4 th

sentences Article 3(3) Article 12(4)

- - - -

Article 4 Article 15 Article 5(1) Article 46(1)

• - 

  - - - Article 46(2) and (3)

  Article 5(2) Article 48(1) first subparagraph Article 5(2) Article 48(2) second subparagraph first sentence Article 5(2) Article 48(5) third subparagraph Article 5(2) Article 48(3) second subparagraph second sentence

• - 

  - - - Article 48(4)

  Article 5(3) Article 48(6) Article 5(4) and Article 87(4) and (5) (5) Article 5(6) Article 52

• - 

  - - - Article 87

Directive Directive Directive Directive

2002/21/EC 2002/20/EC 2002/19/EC 2002/22/EC This Directive

Article Article 13 6(1),(2),(3) and (4)

• - 

  - - - Article 47

  Article 7 - - Article 54 Article 8 Article 36 Article 9 Article 14 Article 10 Article 30

- - - -

Article 11 Article 21 Article 12 Article 16 Article 13 Article 42

• - 

  - - - Article 88

  Article 14(1) Article 18 Article 14(2) Article 19 Article 15 Article 112(3) and (4) Article 16 - Article 17 - Article 18 - Article 19 - Article 20 - Annex Annex I Article 1 (1 and Article 1(2 and 3) 2) Article 2(a) Article 2(28)

Directive Directive Directive Directive

2002/21/EC 2002/20/EC 2002/19/EC 2002/22/EC This Directive

Article 2(b) Article 2(29) Article 2(c) Article 2(30) Article 2(d) - Article 2(e) Article 2(31) Article 3 Article 57 Article 4 Article 58 Article 5 Article 59 Article 6 Article 60 - Article 8 Article 66 Article 9 Article 67 Article 10 Article 68 Article 11 Article 69

• - 

  - - - Article 70

  Article 12 Article 71 Article 13 Article 72

• - 

  - - - Article 73

• - 

  - - - Article 74

  Article 13a Article 75 Article 13b Article 76

• - 

  - - - Article 77

• - 

  - - - Article 78

  Article 14 - Article 15 Article 112(5) Article 16(1) -

Directive Directive Directive Directive

2002/21/EC 2002/20/EC 2002/19/EC 2002/22/EC This Directive

Article 16(2) 113(4) Article 17 - Article 18 - Article 19 - Article 20 - Annex I Annex II Annex II -

• - 

  - - - Annex III

  Article 1 Article 1(4 & 5) Article 2(a) - Article 2(c) Article 2(32) Article 2(d) Article 2(33) Article 2(f) Article 2(34)

• - 

  - - - Article 2(35)

• - 

  - - - Article 2(36)

• - 

  - - - Article 2(37)

• - 

  - - - Article 2(38)

• - 

  - - - Article 79

• - 

  - - - Article 80

  Article 3 Article 81(1) and (2)

  Article 4 - Article 5 - Article 6 - Article 7 - Article 8(1) Article 81(3)

Directive Directive Directive Directive

2002/21/EC 2002/20/EC 2002/19/EC 2002/22/EC This Directive

Article 8(2) Article 81(4) Article 8(3) Article 81(5) Article 9 -

• - 

  - - - Article 82

  Article 10 Article 83 Article 11 - Article 12 Article 84 Article 13 Article 85 Article 14 Article 86 Article 15 Article 114(2) and (3) Article 17 -

• - 

  - - - Article 92

• - 

  - - - Article 94

  Article 20(1) Article 95 Article 20(2) Article 98(3)

Directive Directive Directive Directive

2002/21/EC 2002/20/EC 2002/19/EC 2002/22/EC This Directive

Article 21 Article 96 Article 22 Article 97 Article 23 Article 101 Article 23a Article 103 Article 24 Article 105 Article 25 Article 104 Article 26 Article 102 Article 27 - Article 27a Article 90 Article 28 Article 91 Article 29 Article 107 Article 30(1) Article 99(2) Article 30(2) Article 99(3) Article 30(3) Article 99(4) Article 30(4) Article 99(5) Article 30(5) Article 98(1) Article 31 Article 106 Article 32 - Article 33 Article 24 Article 34 Article 25 Article 35 Article 108 Article 36 Article 113 Article 37 - Article 38 - Article 39 -

Directive Directive Directive Directive

2002/21/EC 2002/20/EC 2002/19/EC 2002/22/EC This Directive

Article 40 - Annex I Annex V Annex II Annex VII Annex III Annex VIII Annex IV Annex VI Annex V - Annex VI IX Annex IV

_____________