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COMMISSION IMPLEMENTING REGULATION (EU) 2019/2243

of 17 Decembre 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)

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

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.

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.

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.

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.

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.

ANNEX

CONTRACT SUMMARY TEMPLATE

▼C1

PART A - Template

[Service name]

[Provider/provider logo]

[Contact]

Contract summary

This contract summary provides the main elements of this service offer as required by EU law ( 1 ).

It helps to make a comparison between service offers.

Complete information about the service is provided in other documents.

Service s and equipment

[…]

Speeds of the internet service and remedies

[…]

Price

[…]

Duration, renewal and termination

[…]

Features for end-users with disabilities

[…]

Other relevant information

[…]

▼B

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"

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.

( 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).