Version status: Entered into force | Document consolidation status: Updated to reflect all known changes

Published date: 17 December 2018

Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)

	Recitals
	Part I Framework (general, rules for the organisation of the sector) (arts. 1-41)
	Title I Scope, aim and objectives, definitions (arts. 1-4)
	Chapter I Subject matter, aim and definitions (arts. 1 -2)
	Article 1 Subject matter, scope and aims
	Article 2 Definitions
	Chapter II Objectives (arts. 3-4)
	Article 3 General objectives
	Article 4 Strategic planning and coordination of radio spectrum policy
	Title II Institutional set-up and governance (arts. 5-28)
	Chapter I National regulatory and other competent authorities (arts. 5-11)
	Article 5 National regulatory and other competent authorities
	Article 6 Independence of national regulatory and other competent authorities
	Article 7 Appointment and dismissal of members of national regulatory authorities
	Article 8 Political independence and accountability of the national regulatory authorities
	Article 9 Regulatory capacity of national regulatory authorities
	Article 10 Participation of national regulatory authorities in BEREC
	Article 11 Cooperation with national authorities
	Chapter II General authorisation (arts. 12-19)
	Section 1 General part (arts. 12-14)
	Article 12 General authorisation of electronic communications networks and services
	Article 13 Conditions attached to the general authorisation and to the rights of use for radio spectrum and for numbering resources, and specific obligations
	Article 14 Declarations to facilitate the exercise of rights to install facilities and rights of interconnection
	Section 2 General authorisation rights and obligations (arts. 15-17)
	Article 15 Minimum list of rights derived from the general authorisation
	Article 16 Administrative charges
	Article 17 Accounting separation and financial reports
	Section 3 Amendment and withdrawal (arts. 18-19)
	Article 18 Amendment of rights and obligations
	Article 19 Restriction or withdrawal of rights
	Chapter III Provision of information, surveys and consultation mechanism (arts. 20-28)
	Article 20 Information request to undertakings
	Article 21 Information required with regard to the general authorisation, rights of use and specific obligations
	Article 22 Geographical surveys of network deployments
	Article 23 Consultation and transparency mechanism
	Article 24 Consultation of interested parties
	Article 25 Out-of-court dispute resolution
	Article 26 Dispute resolution between undertakings
	Article 27 Resolution of cross-border disputes
	Article 28 Radio Spectrum Coordination among Member States
	Title III Implementation (arts. 29-31)
	Article 29 Penalties
	Article 30 Compliance with the conditions of the general authorisation or of rights of use for radio spectrum and for numbering resources and compliance with specific obligations
	Article 31 Right of appeal
	Title IV Internal market procedures (arts. 32-39)
	Chapter I (arts. 32-34)
	Article 32 Consolidating the internal market for electronic communications
	Article 33 Procedure for the consistent application of remedies
	Article 34 Implementing provisions
	Chapter II Consistent radio spectrum assignment (arts. 35-37)
	Article 35 Peer review process
	Article 36 Harmonised assignment of radio spectrum
	Article 37 Joint authorisation process to grant individual rights of use for radio spectrum
	Chapter III Harmonisation procedures (arts. 38-39)
	Article 38 Harmonisation procedures
	Article 39 Standardisation
	Title V Security (arts. 40-41)
	Article 40 Security of networks and services
	Article 41 Implementation and enforcement
	Part II Networks (arts. 42-83)
	Title I Market entry and deployment (arts. 42-58)
	Chapter I Fees (art. 42)
	Article 42 Fees for rights of use for radio spectrum and rights to install facilities
	Chapter II Access to land (arts. 43-44)
	Article 43 Rights of way
	Article 44 Co-location and sharing of network elements and associated facilities for providers of electronic communications networks
	Chapter III Access to radio spectrum (arts. 45-55)
	Section 1 Authorisations (arts. 45-47)
	Article 45 Management of radio spectrum
	Article 46 Authorisation of the use of radio spectrum
	Article 47 Conditions attached to individual rights of use for radio spectrum
	Section 2 Rights of use (arts. 48-52)
	Article 48 Granting of individual rights of use for radio spectrum
	Article 49 Duration of rights
	Article 50 Renewal of individual rights of use for harmonised radio spectrum
	Article 51 Transfer or lease of individual rights of use for radio spectrum
	Article 52 Competition
	Section 3 Procedures (arts. 53-55)
	Article 53 Coordinated timing of assignments
	Article 54 Coordinated timing of assignments for specific 5G bands
	Article 55 Procedure for limiting the number of rights of use to be granted for radio spectrum
	Chapter IV Deployment and use of wireless network equipment (arts. 56-58)
	Article 56 Access to radio local area networks
	Article 57 Deployment and operation of small-area wireless access points
	Article 58 Technical regulations on electromagnetic fields
	Title II Access (arts. 59-83)
	Chapter I General provisions, access principles (arts. 59-60)
	Article 59 General framework for access and interconnection
	Article 60 Rights and obligations of undertakings
	Chapter II Access and interconnection (arts. 61-62)
	Article 61 Powers and responsibilities of the national regulatory and other competent authorities with regard to access and interconnection
	Article 62 Conditional access systems and other facilities
	Chapter III Market analysis and significant market power (arts. 63-67)
	Article 63 Undertakings with significant market power
	Article 64 Procedure for the identification and definition of markets
	Article 65 Procedure for the identification of transnational markets
	Article 66 Procedure for the identification of transnational demand
	Article 67 Market analysis procedure
	Chapter IV Access remedies imposed on undertakings with significant market power (arts. 68-82)
	Article 68 Imposition, amendment or withdrawal of obligations
	Article 69 Obligation of transparency
	Article 70 Obligations of non-discrimination
	Article 71 Obligation of accounting separation
	Article 72 Access to civil engineering
	Article 73 Obligations of access to, and use of, specific network elements and associated facilities
	Article 74 Price control and cost accounting obligations
	Article 75 Termination rates
	Article 76 Regulatory treatment of new very high capacity network elements
	Article 77 Functional separation
	Article 78 Voluntary separation by a vertically integrated undertaking
	Article 79 Commitments procedure
	Article 80 Wholesale-only undertakings
	Article 81 Migration from legacy infrastructure
	Article 82 BEREC guidelines on very high capacity networks
	Chapter V Regulatory control of retail services (art. 83)
	Article 83 Regulatory control of retail services
	Part III Services (arts. 84-116)
	Title I Universal service obligations (arts. 84-92)
	Article 84 Affordable universal service
	Article 85 Provision of affordable universal service
	Article 86 Availability of universal service
	Article 87 Status of the existing universal service
	Article 88 Control of expenditure
	Article 89 Cost of universal service obligations
	Article 90 Financing of universal service obligations
	Article 91 Transparency
	Article 92 Additional mandatory services
	Title II Numbering resources (arts. 93-97)
	Article 93 Numbering resources
	Article 94 Procedure for granting of rights of use for numbering resources
	Article 95 Fees for rights of use for numbering resources
	Article 96 Missing children and child helpline hotlines
	Article 97 Access to numbers and services
	Title III End-user rights (arts. 98-116)
	Article 98 Exemption of certain microenterprises
	Article 99 Non-discrimination
	Article 100 Fundamental rights safeguard
	Article 101 Level of harmonisation
	Article 102 Information requirements for contracts
	Article 103 Transparency, comparison of offers and publication of information
	Article 104 Quality of service related to internet access services and publicly available interpersonal communications services
	Article 105 Contract duration and termination
	Article 106 Provider switching and number portability
	Article 107 Bundled offers
	Article 108 Availability of services
	Article 109 Emergency communications and the single European emergency number
	Article 110 Public warning system
	Article 111 Equivalent access and choice for end-users with disabilities
	Article 112 Directory enquiry services
	Article 113 Interoperability of car radio and consumer radio receivers and consumer digital television equipment
	Article 114 'Must carry' obligations
	Article 115 Provision of additional facilities
	Article 116 Adaptation of annexes
	Part IV Final provisions (arts. 117-127)
	Article 117 Exercise of the delegation
	Article 118 Committee
	Article 119 Exchange of information
	Article 120 Publication of information
	Article 121 Notification and monitoring
	Article 122 Review procedures
	Article 123 Specific review procedure on end-user rights
	Article 124 Transposition
	Article 125 Repeal
	Article 126 Entry into force
	Article 127 Addressees
	Annex I List of conditions which may be attached to general authorisations, rights of use for radio spectrum and rights of use for numbering resources
	Annex II Conditions for access to digital television and radio services broadcast to viewers and listeners in the Union
	Annex III Criteria for the determination of wholesale voice termination rates
	Annex IV Criteria for assessing co-investment offers
	Annex V Minimum set of services which the adequate broadband internet access service in accordance with Article 84(3) shall be capable of supporting
	Annex VI Description of facilities and services referred to in article 88 (control of expenditure), Article 115 (additional facilities) and Article 106 (provider switching and number portability)
	Annex VII Calculating the net cost, if any, of universal service obligations and establishing any compensation or sharing mechanism in accordance with Articles 89 and 90
	Annex VIII Information requirements to be provided in accordance with Article 102 (information requirements for contracts)
	Annex IX Information to be published in accordance with Article 103 (transparency and publication of information)
	Annex X Quality of service parameters
	Annex XI Interoperability of car radio receivers and consumer digital television equipment referred to in Article 113
	Annex XII
	Annex XIII Correlation table
	Done at