Open internet access and intra-EU communications

SUMMARY OF:

Regulation (EU) 2015/2120 laying down measures concerning open internet access

WHAT IS THE AIM OF THE REGULATION?

It introduces rules to safeguard equal and non-discriminatory treatment of internet traffic (net neutrality) between European Union (EU) Member States.
It also lays down common rules to ensure that consumers are not charged excessive prices for making number-based interpersonal communications* from their domestic provider’s Member State to any fixed or mobile number in another Member State, and sets retail charges for regulated intra-EU communications*.
It also amended:
- Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services (since repealed by Directive (EU) 2018/1972 establishing the European Electronic Communications Code); and
- Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the EU (since repealed by Regulation (EU) 2022/612 on roaming charges).

KEY POINTS

Open internet access

Internet providers are required to treat all traffic equally when providing internet access services:

without discrimination, restriction or interference; and
irrespective of:
- the sender and receiver;
- the content accessed or distributed; or
- the applications or services used.

Providers are allowed to use reasonable traffic-management measures, but these must be transparent, non-discriminatory, proportionate and not be based on commercial considerations.

Traffic-management measures must not monitor specific content and must not be in place any longer than necessary. Measures going beyond such reasonable traffic management (for example, blocking or throttling) are prohibited, except for a limited number of cases defined in the regulation.

Agreements on services requiring a specific level of quality are allowed, provided they are not a replacement for internet access and do not reduce the availability or quality of the internet access services.Internet access service providers should inform customers about:

how traffic-management practices and other services could affect the quality of internet access;
the internet speed normally available and the complaints procedures available to users in case of non-compliance.

Retail charges for regulated intra-EU communications

From 15 May 2019, any retail price (excluding VAT) charged to consumers for regulated intra-EU communications is capped at €0.19 per minute for calls and €0.06 per SMS message.
However, communications providers may also offer, and consumers are free to choose, an alternative tariff for international communications including regulated intra-EU communications, where consumers are charged a different tariff for regulated intra-EU communications than they would have been without such a choice. An example of such a package might be a tariff that includes a charge of €0.30/minute for both intra-EU calls and calls made towards non-European Economic Area countries. The provider must inform consumers of the advantages which would be lost before they choose the alternative tariff.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 30 April 2016.

BACKGROUND

For further information, see:

Intra-EU calls: lower and limited charges for calling other EU countries (European Commission)
All you need to know about the Open Internet rules in the EU (Body of European Regulators for Electronic Communications – BEREC)
Roaming: connected anywhere in the EU at no extra charge (European Commission)
Guidelines on the Implementation of the Open Internet Regulation (BEREC).

KEY TERMS

Number-based interpersonal communications service. A interpersonal communications service which connects with, or which enables communication with, a number or numbers in publicly assigned national or international numbering plans.

Regulated intra-EU communications. Any number-based interpersonal communications service originating in the Member State of the consumer’s domestic provider and terminating at any fixed or mobile number of the national numbering plan of another Member State, and which is charged wholly or partly based on actual consumption.

MAIN DOCUMENT

Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access 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, pp. 1–18).

Successive amendments to Regulation (EU) 2015/2120 have been incorporated into the original text. This consolidated version is of documentary value only.