+REGULATION (EU) 2024/1309 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2024 on measures to reduce the cost of deploying gigabit electronic communications networks, amending Regulation (EU) 2015/2120 and repealing Directive 2014/61/EU (Gigabit Infrastructure Act) (Text with EEA relevance)
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English -
European Union -
ICT -
REGULATION (EU) 2024/1309 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2024 on measures to reduce the cost of deploying gigabit electronic communications networks, amending Regulation (EU) 2015/2120 and repealing Directive 2014/61/EU (Gigabit Infrastructure Act) (Text with EEA relevance)
REGULATION (EU) 2024/1309 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 April 2024
on measures to reduce the cost of deploying gigabit electronic communications networks, amending Regulation (EU) 2015/2120 and repealing Directive 2014/61/EU (Gigabit Infrastructure Act)
(Text with EEA relevance)
This Regulation shall be binding in its entirety and directly applicable in all Member States.
1. Επισκόπηση
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Κανονισμός |
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Article 1
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Article 2
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Article 2
For the purposes of this Regulation, the definitions set out in Directive (EU) 2018/1972 apply, in particular the definitions of ‘electronic communications network’, ‘very high capacity network’, ‘public electronic communications network’, ‘network termination point’, ‘associated facilities’, ‘end-user’, ‘security of networks and services’, ‘access’, and ‘operator’.
The following definitions also apply:
(1)
‘network operator’ means:
(a)
an operator as defined in Article 2, point (29), of Directive (EU) 2018/1972;
(b)
an undertaking providing a physical infrastructure intended to provide:
(i)
a service of production, transport or distribution of:
—
electricity, including public lighting,
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water, including disposal or treatment of wastewater and sewage, and drainage systems;
(ii)
transport services, including railways, roads including urban roads, tunnels, ports and airports;
(2)
‘body governed by public law’ means a body that has all of the following characteristics:
(a)
it is established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;
(b)
it has legal personality;
(c)
it is financed, in full or for the most part, by state, regional or local authorities or by other bodies governed by public law or is subject to management supervision by those authorities or bodies; or has an administrative, managerial or supervisory board, more than half of whose members are appointed by state, regional or local authorities or by other bodies governed by public law;
(3)
‘public sector body’ means a state, regional or local authority, a body governed by public law or an association formed by one or more such authorities or one or more such bodies governed by public law;
(4)
‘physical infrastructure’ means:
(a)
any element of a network that is intended to host other elements of a network without becoming an active element of the network itself, such as pipes, masts, ducts, inspection chambers, manholes, cabinets, antenna installations, towers and poles, as well as buildings including their rooftops and parts of their facades or entries to buildings, and any other asset, including street furniture such as light poles, street signs, traffic lights, billboards and toll frames, as well as bus and tramway stops and metro and railway stations;
(b)
where not part of a network and owned or controlled by public sector bodies: buildings including their rooftops and parts of their facades or entries to buildings, and any other asset, including street furniture such as light poles, street signs, traffic lights, billboards and toll frames, as well as bus and tramway stops and metro and railway stations.
Cables, including dark fibre, as well as elements of networks used for the provision of water intended for human consumption as defined in Article 2, point (1), of Directive (EU) 2020/2184 of the European Parliament and of the Council (
1
) are not physical infrastructure within the meaning of this Regulation;
(5)
‘civil works’ means every outcome of building or civil engineering works taken as a whole that is sufficient in itself to fulfil an economic or technical function and entails one or more elements of a physical infrastructure;
(6)
‘in-building physical infrastructure’ means physical infrastructure or installations at the end user’s location, including elements under joint ownership, intended to host wired and/or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;
(7)
‘in-building fibre wiring’ means optical fibre cables at the end user’s location, including elements under joint ownership, intended to deliver electronic communications services and connecting the building access point with the network termination point;
(8)
‘fibre-ready in-building physical infrastructure’ means in-building physical infrastructure intended to host optical fibre elements;
(9)
‘major renovation works’ means civil works at the end user’s location that encompass structural modifications of the entire in-building physical infrastructure or a significant part thereof and that require, in accordance with national law, a building permit;
(10)
‘permit’ means an explicit or implicit decision or set of decisions taken simultaneously or successively by one or more competent authorities that are required under national law for an undertaking to carry out building or civil works necessary for the deployment of elements of VHCNs;
(11)
‘access point’ means a physical point, located inside or outside the building, accessible to undertakings that provide or that are authorised to provide public electronic communications networks, where connection to the fibre-ready in-building physical infrastructure is made available;
(12)
‘rights of way’ means rights referred to in Article 43(1) of Directive (EU) 2018/1972, granted to an operator to install facilities on, over or under public or private property to deploy VHCNs and associated facilities.
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Article 3
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Article 4
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Article 5
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Article 6
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Article 7
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Article 8
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Article 9
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Article 10
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Article 11
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Article 12
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Article 13
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Article 14
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Article 15
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Article 15
Member States shall lay down rules on penalties applicable to infringements of this Regulation and of any binding decision adopted pursuant to this Regulation by the competent bodies referred to in Article 14 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be appropriate, effective, proportionate and dissuasive.
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Article 16
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Article 17
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Article 17
Amendments to Regulation (EU) 2015/2120
Regulation (EU) 2015/2120 is amended as follows:
(1)
in Article 2, the following points are added:
‘(5)
“number-independent interpersonal communications service” means number-independent interpersonal communications service as defined in Article 2, point (7), of Directive (EU) 2018/1972 of the European Parliament and of the Council (
*1
);
(6)
“domestic communications” means 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 the same Member State;
(7)
“intra-EU communications” means 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.
(2)
in Article 5a, the following paragraphs are added:
‘7.
From 1 January 2029, providers shall not apply different retail prices to consumers for domestic communications and intra-EU communications, provided that technical rules on safeguards, such as sustainability, fair use and anti-fraud measures, are adopted. By 30 June 2028, the Commission shall, after consulting BEREC, adopt an implementing act laying down those technical rules in accordance with the examination procedure referred to in Article 5b.
8.
From 1 January 2025, providers may on a voluntary basis comply with the obligation not to apply different retail prices laid down in paragraph 7. Those providers shall be exempt from the obligations laid down in paragraph 1, subject to a fair use policy, with a view to bringing the benefits of equal retail prices for domestic and intra-EU communications to consumers earlier. To that end, the Commission shall adopt an implementing act on fair use, based on typical usage patterns, and anti-fraud measures by 31 December 2024, after consulting BEREC. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5b(2).
9.
By 30 June 2027, after consulting BEREC, the Commission shall review this Article, and based on the assessment of its impact, the Commission may, if appropriate, decide to submit a legislative proposal in order to amend it.
10.
The assessment referred to in paragraph 9 shall include:
(a)
the evolution of the wholesale costs related to the provision of intra-EU communications;
(b)
the evolution of competition in the market for the provision of number-based interpersonal communications services and the trend of the retail prices of intra-EU communications within the different Member States;
(c)
the evolution of consumer preferences and choice of special offers and bundles not charged on the basis of actual consumption of intra-EU communications;
(d)
the possible impact on the national markets for the provision of number-based interpersonal communications services and in particular on the retail prices charged to consumers at large, taking into account the costs of providing intra-EU communications, and the potential impact of the measures on revenues for the providers and, if possible, investment capacity of the providers, in view in particular of the future roll-out of networks in line with the connectivity targets set out in Decision (EU) 2022/2481 where additional charges for intra-EU communications are not already applied;
(e)
the extent of the usage, availability and competitiveness of number-independent interpersonal communications services or any alternatives to intra-EU communications;
(f)
the evolution of tariff plans as regards the intra-EU communications, and in particular, the extent to which the implementation of the measures provided for in paragraph 8, has produced results in the direction of the elimination of retail price differences for consumers between domestic and intra-EU communications.
11.
In order to carry out the assessment referred to in paragraph 9, BEREC shall collect relevant information from national regulatory authorities on a regular basis. Where applicable, national regulatory authorities may provide such data in coordination with other competent authorities. The data collected by BEREC pursuant to this paragraph shall be notified to the Commission at least once a year. The Commission shall make them public. To ensure that BEREC can carry out its obligations under this paragraph, providers shall be obliged to cooperate by providing the requested data, including confidential data, to the relevant national authorities.’;
(3)
the following article is inserted:
‘Article 5b
Committee procedure
1.
To fulfil its obligations under Article 5a of this Regulation, the Commission shall be assisted by the Communications Committee established by Article 118(1) of Directive (EU) 2018/1972. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2.
Where reference is made to this Article, Article 5 of Regulation (EU) No 182/2011 shall apply.’;
(4)
in Article 10(5), the date ‘14 May 2024’ is replaced by the date ‘30 June 2032’.
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Article 18
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Article 19
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ANNEX Correlation table
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ANNEX
Correlation table
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Directive 2014/61/EU
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This Regulation
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Article 1(1)
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Article 1(1)
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Article 1(2)
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Article 1(3)
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Article 1(3)
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Article 1(3)
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Article 1(4)
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Article 1(2)
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Article 1(4)
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—
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Article 1(5)
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Article 2
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Article 2
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Article 3(1)
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Article 3(11)
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Article 3(2)
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Article 3(1)
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Article 3(2)
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Article 3(3)
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—
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Article 3(4)
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Article 3(3)
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Article 3(5)
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Article 3(6)
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Article 3(3), second sub-paragraph
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Article 3(7)
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Article 3(4)
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Article 13(1)(a)
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Article 3(5)
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Article 13(2)
Article 13(3)
Article 13(4), second sub-paragraph
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Article 3(8)
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Article 3(9)
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Article 3(10)
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Article 3(6)
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Article 3(12)
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Article 3(13)
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Article 4(1)
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Article 4(1)
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Article 4(2)
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Article 4(3)
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Article 4(2)
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–Article 4(3)
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Article 4(1)
Article 4(3)
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Article 4(4) first sentence
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Article 4(3)
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Article 4(4)
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Article 4(4) second and third sentence
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Article 4(1), second and third sub-paragraph
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Article 4(5)
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Article 4(5)
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Article 4(6)
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Article 13(1)(b)
Article 13(2)(b)
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Article 4(7)
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Article 4(6)
Article 4(7)
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Article 4(8)
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Article 4(8)
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Article 5(1)
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Article 5(1)
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Article 5(2)
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Article 5(2)
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Article 5(3)
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Article 5(4)
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Article 5(3)
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Article 13(1)(c)
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Article 5(4)
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Article 13(2)(b)
Article 13(3)
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Article 5(5)
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Article 5(5)
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Article 5(6)
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Article 6(1)
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Article 6(1)
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Article 6(2)
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Article 6(3)
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Article 6(1)
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Article 6(4)
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Article 13(1)(b), Article 13(2)(b)
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Article 6(5)
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Article 6(2)
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Article 7(1)
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Article 7(1)
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Article 7(2)
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Article 7(2)
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Article 7(3)
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Article 7(4)
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Article 7(3)
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Article 7(5)
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Article 7(6)
Article 7(7)
Article 7(8)
Article 7(9)
Article 7(10)
Article 7(11)
Article 7(12)
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Article 7(4)
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Article 8
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Article 9
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Article 8(1)
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Article 10(1)
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Article 8(2)
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Article 10(2)
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Article 8(3)
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Article 10(6)
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Article 8(4)
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Article 10(7)
Article 10(8)
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Article 9(1)
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Article 11(1)
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Article 9(2)
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Article 11(2)
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Article 9(3)
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Article 11(3)
Article 13(1)(d)
Article 13(2)
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Article 9(4)
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Article 11(3)
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Article 9(5)
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Article 11(4)
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Article 9(6)
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Article 11(5)
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Article 11(6)
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Article 12
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Article 13(1) second sub-paragraph
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Article 13(4) first sub-paragraph
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Article 13(5)
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Article 10(1)
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Article 14(1)
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Article 10(2)
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Article 14(2) and Article 14(3)
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Article 10(3)
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Article 14(4)
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Article 10(4)
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Article 14(5)
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Article 14(6)
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Article 14(7)
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Article 10(5)
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Article 14(9)
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Article 10(6)
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Article 14(10)
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Article 11
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Article 15
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Article 12
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Article 16(1)
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Article 16(2)
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Article 17
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Article 18
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Article 13
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Article 14
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Article 19
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Article 15
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,
1.1 Παραπομπές
1.2 Εντοπισμένες απαιτήσεις
1.3 Σχετικά πρότυπα
2. Εντοπισμένες απαιτήσεις
3. Σχετικά πρότυπα
Συνδεδεμένα ζητήματα
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