Insights European Parliament adopts draft Directive on European Electronic Communications Code

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As well as adopting the draft Directive, the European Parliament also adopted the Regulation establishing the Body of European Regulators for Electronic Communication (BEREC).

The Parliament says that the new rules will offer citizens high-speed connectivity and make calls secure and affordable within the EU, while providing the necessary predictability for communications service providers to boost investments in high-speed internet.

The new legislation caps calls to another EU country at 19 cents and at 6 cents for text messages (SMS) from 15 May 2019. In addition, “Electronic communications services” will cover “over-the-top” services provided over the internet, such as messaging apps and email. It also strengthens security requirements, including encryption.

The new legislation also introduces the right to retain a telephone number for up to one month after a contract has terminated and the right to a refund of unused pre-paid credit upon contract termination, as well as compensation in the case of delay in or abuse of switching.

It also provides that Member states will have to facilitate the rollout of 5G, by making suitable spectrum available by 2020, in order to reach the objective of the EU 5G Roadmap of having a 5G network in at least one major city in each EU country by 2020.

In addition, in the event of a major emergency or disaster, Member States will have to ensure that affected citizens are alerted by SMS or mobile apps. Member states will have 42 months to put the system in place after the Directive comes into effect.

In order to reach the necessary level of investment in infrastructure and 5G networks to achieve connectivity needs, the Parliament says that the new legislation offers improved predictability for investment and promotes risk and cost sharing among telecom operators.

Following the Council’s final approval, Member States will have two years to adopt national legislation to implement the Directive. Price caps will come into effect on 15 May 2019. To read the Parliament’s press release in full and for a link to the draft Directive, click here.

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