European Electronic Communications Code

KEY POINTS

• The directive establishes a European Electronic Communications Code, a comprehensive set of new or revised rules for the telecoms sector as part of a package of telecom laws, including Regulation (EU) 2018/1971 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office).
• It replaces and repeals Directives 2002/19/EC, 2002/20/EC and 2002/21/EC, and Article 5 of Decision No 243/2012/EU. An evaluation and review of Directive 2002/58/EC (directive on privacy and electronic communications) has been carried out separately.

The general objectives are to:

• promote connectivity and take-up of very high capacity networks, including fixed, mobile and wireless networks, for all EU citizens and businesses;
• promote the interests of EU citizens by:
  • enabling maximum benefits in terms of choice, price and quality through effective competition,
  • maintaining network and services security,
  • ensuring protection for consumers through specific rules, and
  • addressing the needs of specific social groups, in particular people with disabilities, older people and people with special social needs;
• facilitate market entry and promote competition in the delivery of telecoms networks and associated facilities;
• contribute to the development of the internal market in telecoms networks and services in the EU, by developing common rules and predictable regulation featuring:
  • the effective, efficient and coordinated use of radio spectrum,
  • open innovation,
  • the development of trans-European networks,
  • the availability and interoperability of Europe-wide services, and
  • end-to-end connectivity.

The responsibility of EU Member States is to:

• cooperate with each other and with the European Commission in the strategic planning and coordination of radio spectrum policy, avoiding harmful interference, through the Radio Spectrum Policy Group;
• ensure that tasks set out in the directive are undertaken by a relevant authority;
• guarantee that national regulatory authorities and other relevant authorities are independent of telecoms equipment manufacturers and service providers;
• ensure that the national regulatory authorities:
  • are protected against external intervention or political pressure which might jeopardise their independent assessment, and
  • have budget autonomy and adequate financial and human resources to carry out the tasks assigned to them.

New objectives and tasks

In addition to replacing and repealing existing legislation, the directive introduces a series of new objectives and tasks.

• Strengthened consumer rules aim to make it easier to switch between service providers and offer better protection, for example, for people who subscribe to bundled services. Consumers will benefit from a similar, higher level of protection across the EU.
• Telecoms services now include services provided over the internet that do not use calling numbers, such as messaging apps and email. A review mechanism aims to ensure that consumer rights remain robust and up to date as business models and consumer behaviour change.
• Affordable and adequate broadband internet access must be available to all consumers, irrespective of their location or income.
• People with disabilities should have equivalent access to telecoms services.
• Member States will set up a public warning system to send alerts to citizens on their mobile phones in the event of a natural disaster or other major emergency in their area.
• Member States must provide operators with predictable regulation for radio spectrum licensing for wireless broadband for at least 20 years to promote investment, in particular in 5G connectivity, and increased convergence of national selection procedures through a peer review forum.
• New frequency bands for 5G connectivity for faster internet connections and better connectivity, together with coordinated timing of spectrum licensing and a lighter regulatory regime for small mobile network equipment deployment.
• Rules on operator access to networks to encourage competition and make it easier for companies to invest in new, very high capacity infrastructure (download speeds of 100 Mbps or more), including in remote areas, while ensuring effective market regulation.
• New tools will address issues that may arise in certain market circumstances. Symmetric regulation² will apply to electronic communications network providers in some very specific situations to ensure competition.

Implementing and delegated acts

The Commission has adopted the following implementing acts:

• Regulation (EU) 2019/2243 setting out a template for the contract summary to be used by providers of publicly available electronic communications services; and
• Regulation (EU) 2020/1070 specifying the characteristics of small-area wireless access points.

The Commission has adopted the following delegated acts which supplement Directive (EU) 2018/1972:

• Regulation (EU) 2021/654 setting a single maximum EU-wide mobile voice termination rate (charge for calls) and a single maximum EU-wide fixed voice termination rate;
• Regulation (EU) 2023/444 on measures to ensure effective access to emergency services through emergency communications to the single European emergency number ‘112’.