Transposition Tracker: Progress of EECC Implementation Across EU Member States

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The Clintworld Blog Transposition Tracker: Progress of EECC Implementation Across EU Member States
Background
11th December 2018

Playing a key role in the EU’s ambitious Digital Single Market Strategy, the European Electronic Communications Code (EECC) was established to protect end-users in the field of telecommunications law.

Part of this new code mandates that regulated providers inform customers about the next best tariff available to them at least annually:

In addition, and at the same time, providers shall give end-users best tariff advice relating to their services. Providers shall provide end-users with best tariff information at least annually.

21st December 2020

The pressure was on for National Regulatory Authorities (NRAs) from each EU Member State, as they were obligated to implement the EECC into national law by the 21st December 2020.

Although many NRAs were late in doing so, it is now up to each and every European operator to adhere to the next best tariff obligation.

Select the Country of Interest:

EU’s EECC applies to all Member States, including those in the European Economic Area (EEA): Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

Austria | Passed

Transposed into national law as of 1 November 2021 under the Telecommunications Act (TKG) 2021.

The Federal Ministry for Agriculture, Regions and Tourism (colloquially, BMLRT) has stated that Austria is currently working on the implementation of the European Directive 2018/1972 into national law.

On 30 June 2020, the Council of Ministers passed a draft federal law which amends the current Telecommunications Act of 2003. [source]

Extraordinary circumstances surrounding corona restrictions have led to some delays, draft consultations will start no later than mid-October, though Austria will continue to strive for a timely implementation.

Comments that have been received at the end of the review period are to be evaluated and the draft will be adjusted if necessary (i.e. additions, deletions, reformulations, etc.). The draft is then politically coordinated and the Council of Ministers decides whether or not to forward it to parliament. This then begins the parliamentary process (i.e. assignment to committees, treatment in plenary, etc.), which will hopefully end in the Q2 with a resolution. Only then is there a new law.

On 4 February 2021, the Commission opened infringement procedures against Austria for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Austria, in form of a reasoned opinion, where Austria has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

On 21 October 2021, the Austrian National Council approved the reformed Telecommunications Act 2021 (TKG), publishing it in the Federal Law Gazette | No. 190/2021. [source]

Belgium | Passed

Transposed into national law as of 10 January 2021 under the Law Transposing the European Electronic Communications Code and Modifying Various Provisions Relating to Electronic Communications.

Belgium's early legislative initiative, under the supervision of the Belgian Institute for Postal Services and Telecommunications (BIPT), acted as testing grounds for the very same conditions that inspired EU's EECC's Best Tariff Obligation.

That said, the BIPT launched a preliminary consultation on the first draft Act transposing the European Electronic Communication Code (EECC) on 6 December 2019, which closed on the 4 February 2020. [source]

On 4 February 2021, the Commission opened infringement procedures against Belgium for not transposing new EU telecom rules in time. [source]

On the 19 October 2021, a draft Act implementing the EECC had been published aimed to be discussed by the Belgian Chamber of Representatives with the possibility of further amendments. [source]

As of 10 January 2021 the law transposing the EECC into national legislation has been passed.

Art. 144 of the Law Transposing the European Electronic Communications Code and Modifying Various Provisions Relating to Electronic Communications

FR: Au moins une fois par an, l'opérateur de services de communications électroniques autres que des services de communications interpersonnelles non fondés sur la numérotation et que des services de transmission utilisés pour la fourniture de services de machine à machine indique à l'abonné, sur un support durable, le plan tarifaire le plus avantageux pour lui en fonction de son profil de consommation calculé au cours de la période déterminée par l'Institut. Lorsque l'opérateur communique le plan tarifaire le plus avantageux à l'abonné ayant un plan tarifaire destiné à des consommateurs, il ajoute également, sur un support durable, selon les modalités fixées par l'Institut, les données du profil de consommation utilisé à cet effet.

Pour les services d'accès à l'internet, il y a lieu d'indiquer les plans tarifaires permettant de traiter le volume de données téléchargées d'après le profil de consommation, éventuellement à un prix inférieur, même lorsque ces plans tarifaires vont de pair avec une vitesse de téléchargement inférieure. Pour chacun des plans tarifaires précités, il y a également lieu d'indiquer la vitesse de téléchargement, d'autres caractéristiques pertinentes ainsi que les conséquences possibles, lorsque l'abonné souscrit à une offre combinée.

Si un abonné a souscrit auprès d'un opérateur à deux ou plusieurs plans tarifaires correspondant à différents services, comme la téléphonie fixe, les services mobiles, l'accès à l'internet à haut débit et/ou des services télévisés, il y a lieu, le cas échéant, d'indiquer comme plan tarifaire une offre combinée intégrant ces différents services dans un seul plan tarifaire, lorsque cette offre combinée revient moins cher que la somme des plans tarifaires séparés auxquels l'abonné a souscrit.

Après avoir mené une consultation publique, l'Institut peut fixer les modalités des obligations prévues dans le présent paragraphe. L'Institut prévoit un délai de six mois au moins après la publication des modalités précitées pour la mise en oeuvre des obligations concernées.

EN: At least once a year, the operator of electronic communications services other than interpersonal communications services not based on numbering and transmission services used for the provision of machine-to-machine services shall indicate to the subscriber, on a durable medium, the most advantageous tariff plan for him according to his consumption profile calculated during the period determined by the Institute. When the operator communicates the most advantageous tariff plan to the subscriber. having a pricing plan intended for consumers, it also adds, on a durable medium, according to the terms set by the Institute, the consumption profile data used for this purpose.

For Internet access services, it is necessary to indicate the tariff plans allowing the volume of data downloaded to be processed according to the consumption profile, possibly at a lower price, even when these tariff plans range from paired with lower download speed. For each of the aforementioned pricing plans, it is also necessary to indicate the download speed, other relevant characteristics as well as the possible consequences, when the subscriber subscribes to a combined offer.

If a subscriber has subscribed to two or more tariff plans with an operator corresponding to different services, such as fixed telephony, mobile services, high-speed internet access and/or television services, there is place, where applicable, to indicate as a price plan a combined offer integrating these different services in a single price plan, when this combined offer is less expensive than the sum of the separate price plans to which the subscriber has subscribed.

After having conducted a public consultation, the Institute may set the terms of the obligations provided for in this paragraph. The Institute provides for a period of at least six months after publication of the above-mentioned modalities for the implementation of the obligations concerned.

Bulgaria | Passed

Transposed into national law as of 9 March 2021 under the Electronic Communications Act.

The Ministry of Transport, Information Technology and Communications (MTITC) is the policy maker in the field of electronic communications for the Republic of Bulgaria and as such is responsible for the transposition of the Directive (EU) 2018/1972 in national legislation.

The requirements of Directive (EU) 2018/1972 will be transposed into national legislation by amending the Electronic Communications Act. [source]

Regarding the timetable for the transposition, the public consultation on the draft Act amending the Electronic Communications Act was published on 1 April 2020 and ended on the 15 May 2020. Following the national procedure for the adoption of legislative acts, an inter-ministerial coordination is forthcoming. After that, in August, the draft act will be submitted to the National Assembly for discussion and adoption.

On 4 February 2021, the Commission opened infringement procedures against Bulgaria for not transposing new EU telecom rules in time. [source]

On 9 March 2021, the EECC was fully adopted into Bulgarian national law. [source]

Section II. Contract term and termination, Art. 229a. of the Electronic Communications Act

BG: (2) Преди автоматичното преобразуване на договора в безсрочен предприятията информират крайните ползватели своевременно, по разбираем начин и на траен носител за изтичането на срока на договорните отношения и за начините за прекратяване на договора. Едновременно с това предприятията препоръчват на крайните ползватели най-добрите тарифи за ползваните от тях услуги. Предприятията предоставят на крайните ползватели поне веднъж годишно информация за най-добрите тарифи.

EN: (2) Before the automatic transformation of the contract into indefinite, the undertakings shall inform the end-users in a timely manner, in an intelligible way and on a durable medium the expiry of the contractual relationship and the ways of termination of the contract. At the same time, businesses recommend to end-users the best tariffs on their services. Undertakings shall provide end-users with information on the best tariffs at least once a year.

Croatia | Passed

Transposed into national law as of 4 July 2022 under the Electronic Communications Act (OG 76/22).

The Croatian Regulatory Authority for Network Industries (colloquially, HAKOM) has openly discussed it's intention to incorporate the Directive (EU) 2018/1972 into national law. [source]

On 4 February 2021, the Commission opened infringement procedures against Bulgaria for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Croatia, in form of a reasoned opinion, where Croatia has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

On 6 April 2022, The European Commission referred Croatia to the European Court of Justice (ECJ) on their failure to transpose the European Electronic Communications Code (EECC) into national law. [source]

On 4 July 2022, HAKOM passed the Electronic Communications Act (OG 76/22). [source]

Cyprus | Passed

Transposed into national law as of 4 March 2022 under the Law on the Regulation of Electronic Communications of 2022.

The Office of Electronic communications & Postal Regulation (OCECPR) has stated that the Directive (EU) 2018/1972, shall be transposed into national legislation and entered into force by 21 December 2020.

The legislation is currently pending approval from the relevant Deputy Ministry.

On 4 February 2021, the Commission opened infringement procedures against Bulgaria for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Cyprus, in form of a reasoned opinion, where Cyprus has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

With its publication in the Official Newspaper of the Republic of Cyprus, the new Law on the Regulation of Electronic Communications of 2022 entered into force on 4 March 2022, fully transposing the European Electronic Communications Code into national law. [source]

Czech Republic | Passed

Transposed into national law as of 21 September 2021 under the Electronic Communications Act (Zákon 127/2005 Sb.).

The Office of Electronic communications & Postal Regulation (OCECPR) has stated that the Directive (EU) 2018/1972, shall be transposed into national legislation and entered into force by 21 December 2020.

The legislation is currently pending approval from the relevant Deputy Ministry.

On 4 February 2021, the Commission opened infringement procedures against Bulgaria for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Cyprus, in form of a reasoned opinion, where Cyprus has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

With its publication in the Official Newspaper of the Republic of Cyprus, the new Law on the Regulation of Electronic Communications of 2022 entered into force on 4 March 2022, fully transposing the European Electronic Communications Code into national law. [source]

Denmark | Passed

Transposed into national law as of 8 December 2020 under the Danish Act on Electronic Communications Networks and Services.

On 28 May 2020, the Ministry of Climate, Energy and Supply initiated consultation on the draft proposal amending various laws for electronic communication, requesting consultation responses by 26 June 2020. [source]

The finished bill is planned to be submitted in October 2020 and to be put into effect on 21 December 2020. [source]

The draft amendment of the Danish Act on Electronic Communications Network and Service was submitted to the Danish Parliament on 7 October 2020. [source]

As of 8 December 2020, the amendment of the Danish Act on Electronic Communications Networks and Services became national law. [source] This includes an executive order on end-user rights in the telecommunications area. [source]

Chapter 3, Section 8 of the BEK No. 1887 of 08/12/2020

DA: § 8. Inden en aftale med begrænset varighed automatisk forlænges, skal udbydere af elektroniske kommunikationstjenester tydeligt og rettidigt, og på et varigt medium, oplyse slutbrugeren om ophøret af den aftalemæssige forpligtelse, og om hvordan aftalen opsiges.

Desuden skal udbyderne samtidig give slutbrugeren rådgivning om den bedste pris for dens tjenester. Udbyderne skal desuden mindst én gang om året give slutbrugerne oplysninger om den bedste pris.

EN: § 8. Before an agreement with a limited duration is automatically renewed, providers of electronic communications services must clearly and in a timely manner, and on a durable medium, inform the end user of the termination of the contractual obligation and of how the agreement is terminated.

In addition, providers must also advise the end user on the best price for its services. Providers must also provide end users with information on the best price at least once a year.

Estonia | Passed

Transposed into national law as of 6 December 2021 under the Electronic Communications Act, the Building Code and the State Fees Act 437 SE of 24 November 2021.

On 4 February 2021, the Commission opened infringement procedures against Estonia for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Estonia, in form of a reasoned opinion, where Estonia has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

With the President of the Republic's approval, The 'Electronic Communications Act, the Building Code and the State Fees Act 437 SE of 24 November 2021' entered into force on 6 December 2021, fully transposing the European Electronic Communications Code into Estonian law. [source]

Chapter 9, § 99

EN: § 99. Amendment of terms and conditions and extension of communications services contractor

(5) Prior to automatic extension of a communications services contract, communications undertakings other than providers of number-independent interpersonal communications services or machine-to-machine services notify the end-user clearly and timely and on a durable data medium of termination of the contractual obligation and of the opportunity to cancel the contract without additional costs.
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]

(6) Communications undertakings other than providers of number-independent interpersonal communications services or machine-to-machine services give advice to end-users about the best price of the communications services at least once per calendar year and in the case specified in subsection 5 of this section.
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]

Finland | Passed

Transposed into national law as of 1 January 2021 under the Electronic Communications Services Act.

According to the Ministry of Transport and Communications (colloquially, LVM), a draft Act on Electronic Communication Services went into circulation for comments on the 22 November 2019. [source] Which has, since then, been submitted by the Government to Parliament on the 11 June 2020. [source]

Since 19 November 2020, the law is awaiting Parliament consideration in a preliminary debate, which is then drafted into a report and discussed in a plenary session. [source] The proposal is scheduled to enter into force on the 21 December 2020.

The President of the Republic, Sauli Niinistö, has approved the amendments to the Act on Electronic Communications Services, which has entered into force on 1 January 2021. [source]

129 § of the Electronic Communications Services Act

FI: 129 § Hinnoista sekä numerointimuutoksista tiedottaminen

Teleyrityksen on annettava tilaajille vähintään kerran vuodessa tietoja viestintäpalvelujen edullisimmista hinnoista.

EN: 129 § Information on prices and numbering changes

Telecommunications companies shall provide subscribers with information on the lowest prices of communications services at least once a year.

France | Passed

Transposed into national law as of 27 May 2021 under the Journal Officiel | Order No, 2021-650.

The French government, responsibility of the Ministry of Economy and Finance (in association with other ministries possibly concerned), has launched a public consultation on the transposition of Directive (EU) 2018/1972 into national law, which concerns the modification of the French Postal Service and Electronic Communications (CPCE) and French Consumer Code. [source] Contributions were finalized on 16 March 2020 with 16 total responses. [source]

On 4 February 2021, the Commission opened infringement procedures against France for not transposing new EU telecom rules in time. [source]

On 27 May 2021 the EU Directive (UE) 2018/1972 was transposed to French law and written in the “JO” (Journal Officiel | Order No, 2021-650). [source] When it comes to the best tariff obligation, Chapter Article 47, sub-chapter Art. L. 224-40 mentions:

Article 47, Art. L. 224-40

FR: Avant la prolongation automatique du contrat, les fournisseurs informent par une mention claire le consommateur, au plus tôt trois mois et au plus tard un mois avant cette prolongation et sur un support durable, de la fin de l'engagement contractuel et des modalités de résiliation du contrat. En outre, ils conseillent au moins une fois par an les consommateurs sur le meilleur tarif qu'ils proposent pour leurs services.

EN: Before the automatic extension of the contract, suppliers shall inform the consumer by a clear statement, at the earliest three months and at the latest one month before the extension and on a durable medium, of the end of the contractual commitment and the terms of termination of the contract. In addition, they advise consumers at least once a year on the best price they offer for their services.

Germany | Passed

Transposed into national law as of 1 December 2021 under the Telekommunikationsmodernisierungsgesetz (TKMoG).

Germany's national regulatory authority, Federal Network Agency (colloquially, Bundesnetzagentur or BNetzA), hosted a public hearing on 13 February 2019 regarding the amendment of the Telecommunications Act (TKG) planned by the Federal Government. [source] Subsequently, a draft was coordinated within the ministries.

On 11 November 2020, a draft was submitted by the Federal Ministry for Economic Affairs and Energy, along with the Federal Ministry for Transport and Digital Infrastructure. The Federal Government has not yet reached an agreement on several issues, unraveling a clear need for further discussion and amendments. Comments on the draft were to be submitted by 20 November 2020. [source]

On 9 December 2020, a draft bill intending to implement Directive (EU) 2018/1972 was published and can be read in German, here. It was expected that the Telecommunications Modernization Act will be adopted in June or July of 2021.

On 4 February 2021, the Commission opened infringement procedures against Germany for not transposing new EU telecom rules in time. [source]

On 7 May 2021, the Bundesrat approved the Telecommunications Modernization Act (Telekommunikationsmodernisierungsgesetz, or simply TKMoG) which was submitted by the Bundestag two weeks prior. This reform of the telecommunications regulatory regime transposes the European Electronic Communications Code into national law, however will not enter into force until 1 December 2021. [source]

§ 57 Vertragsänderung, Minderung und außerordentliche Kündigung

DE: (3) Anbieter beraten die Endnutzer hinsichtlich des für den jeweiligen Endnutzer besten Tarifs in Bezug auf ihre Dienste. Sie berücksichtigen hierbei insbesondere den Umfang der vom Endnutzer aktuell vertraglich ver- einbarten Dienste, insbesondere in Bezug auf das ent- haltene Datenvolumen. Anbieter erteilen Endnutzern Informationen über den hiernach ermittelten besten Tarif mindestens einmal pro Jahr.

EN: (3) Providers shall advise end users on the best tariff for the respective end user in relation to their services. In doing so, they shall take into account in particular the scope of the services currently contractually agreed by the end user, in particular with regard to the data volume included. Providers shall provide end users with information on the best tariff determined in this way at least once a year.

Greece | Passed

Transposed into national law as of 23 September 2020 under the Telekommunikationsmodernisierungsgesetz (TKMoG).

The Hellenic Telecommunications and Post Commission (colloquially, EETT) has commented that Greece is working on the implementation of the European Directive 2018/1972 into national law.

The Ministry of Digital Governance unveiled a public consultation on 29 June 2020, regarding a draft law implementing the Directive (EU) 2018/1972. Comments may be submitted by 17 July 2020. [source]

On 23 September 2020, a new Greek Law 4727/2020 ‘Digital Governance (Transposition to the Greek Legislation of Directive (EU) 2016/2102 and the Directive (EU) 2019/1024) – Electronic Communications (Transposition to the Greek Law of Directive (EU) 2018/1972) and other provisions’ was published in the Government Gazette (A’ 184/23.09.2020). [source]

Article 213, § 3

EL: Επιπλέον, ταυτόχρονα, οι πάροχοι παρέχουν στους τελικούς χρήστες συμβουλές για τα καλύτερα τιμολόγια σε σχέση με τις υπηρεσίες τους.
Οι πάροχοι παρέχουν στους τελικούς χρήστες πληροφορίες για τα καλύτερα τιμολόγια τουλάχιστον μία φορά τον χρόνο.

EN: In addition, at the same time, providers advise end users on the best tariffs for their services.
Providers provide end users with information on the best tariffs at least once a year.

Hungary | Passed

Transposed into national law as of 21 December 2020 under the Hungarian Act C. of 2003 on Electronic Communications.

On 23 June 2020, the National Media and Infocommunication Authority (colloquially, NMHH) submitted a draft proposal to Parliament regarding the transposition of the European Directive 2018/1972 into national law, where it has been accepted. [source]

The Ministry for Innovation and Technology has confirmed that a “majority of the work is done with the revision of the Hungarian Act C. of 2003 on Electronic Communications (which was published in the HU Official Journal on 14 July 2020 and will enter into force on 21 December 2020). Some secondary legislation still needs to be done by the relevant authorities (i.e. National Media and Infocommunication Authority), but we will certainly meet the deadline of 21 December. As soon as this work is done, we will proceed with the notification towards the European Commission.”

As a member of the European Economic Area (EEA), the Post and Telecom Administration in Iceland has expressed its interest in amending its legal framework for electronic communication and postal services influence by the EECC Directive.

No confirmed dates have been provided.

Ireland | Passed

Transposed into national law as of 2 March 2023 under the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 .

The Commission for Communications Regulation (ComReg) has commented that the deadline for transposition—which must be met by all Member States—is 21 December 2020, and Ireland is planning towards meeting that deadline.

As of 21 December 2020, Ireland has failed to meet the transposition deadline of Directive (EU) 2018/1972, leaving the State open to infringement proceedings and penalties. [source] ComReg has however, produced a draft implementing legislation on end-user rights—including best tariff obligations—which can be found here.

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

Given that the Government and Irish Houses of Parliament are in recess until September it is likely that relevant legislation will not be in place until late Q4 2021.

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Ireland, in form of a reasoned opinion, where Ireland has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

On 18 December 2021, The Department of the Environment, Climate and Communications announced the transposition will be achieved in form of two laws; one primary legislation, dubbed the ‘Communications Regulation (Enforcement) Bill, 2022’ and one secondary legislation, named the ‘European Union (Electronic Communications Code) Regulations, 2022’. [source]

While a summary of the ‘Communications Regulation (Enforcement) Bill, 2022’ can be found here, the majority of the EECC will be transposed through the ‘European Union (Electronic Communications Code) Regulations, 2022’ which has been drafted, giving service providers until 11 February 2022 to submit their comments.

As of 21 December 2020, Ireland has failed to meet the transposition deadline of Directive (EU) 2018/1972, leaving the State open to infringement proceedings and penalties. [source] ComReg has however, produced a draft implementing legislation on end-user rights—including best tariff obligations—which can be found here.

Ch. 4 Consumer Protection, Stage 4 - Leaving the Contract/Switching, § 4.35 End of Contract Notification and Best Tariff Advice

EN: Before a contract is automatically prolonged, providers are required to inform a consumer in a prominent, timely manner, and on a durable medium, of the end date of the fixed term contract and how to terminate the contract (the “End of Contract notice”).

At the same time, Best Tariff Advice relating to their services should be provided. After a contract has been prolonged and during the prolonged period of the contract, such Best Tariff Advice, should be provided at least annually.

ComReg will monitor providers’ approach to compliance with Regulatory Notifications required to be sent to end-users on foot of Article 105 (3) of the EECC. ComReg has set out its initial policy considerations and views on best practice as regards how to provide Best Tariff Advice and will consider if further intervention is needed to ensure the objectives of the EECC are met.

Italy | Passed

Transposed into national law as of 24 December 2021 under the Italian Electronic Communications Code

The Italian Autorità per la Garanzie nelle Cominicazioni (AGCOM) has stated that the provision envisaged by the new European Electronic Communication Code aught to be transposed into national legislation by the end of 2020.

On 5 May 2020, the Italian Senate published a bill which, if passed, is intended to delegate the Government to enact, among others, the new European Electronic Communications Code (EECC). [Source]

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

A legislative decree, published in the Official Journal on 23 April 2021 [source], has announced the delegating law (Law No. 53/2021 of 22 April 2021), which partially transposes the Directive (EU) No. 2018/1972 of 11 December 2018 into national law. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Italy, in form of a reasoned opinion, where Italy has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

On 9 December 2021 a new Legislative Decree published in the Official Journal, has announced the Italian Electronic Communications Code establishing the EECC, which enters force on 24 December 2021. [source]

Art. 98-septies decies (Durata dei contratti e diritto di recesso)

Regarding the EECC Best Tariff Obligation:

IT: 4. Se il contratto prevede la proroga automatica di un contratto a durata determinata per servizi di comunicazione elettronica diversi dai servizi di comunicazione interpersonale indipendenti dal numero e dai servizi di trasmissione utilizzati per la fornitura di servizi da macchina a macchina, dopo la proroga l'utente finale ha il diritto di recedere dal contratto in qualsiasi momento con un preavviso di massimo un mese e senza incorrere in alcuna penale ne' costi di disattivazione, eccetto quelli addebitati per la ricezione del servizio durante il periodo di preavviso.

Con almeno due mesi di anticipo rispetto alla proroga automatica del contratto, i fornitori informano l'utente finale, in modo chiaro e tempestivo e su un supporto durevole, circa la fine dell'impegno contrattuale e in merito alle modalita' di recesso dal contratto e migliori tariffe relative ai loro servizi.

I fornitori offrono agli utenti finali tali informazioni in merito alle migliori tariffe almeno una volta all'anno.

EN: 4. Where the contract provides for the automatic extension of a fixed-term contract for electronic communications services other than number-independent interpersonal communications services and transmission services used for the provision of machine-to-machine services, after the extension the end-user shall have the right to withdraw from the contract at any time with a maximum of one month's notice and without incurring any penalty or deactivation costs, except those charged for receiving the service during the notice period.

At least two months in advance of the automatic extension of the contract, suppliers shall inform the end-user, in a clear and timely manner and on a durable medium, of the end of the contractual commitment and of the methods of withdrawal from the contract and the best tariffs for their services.

Suppliers shall provide end-users with such information on the best tariffs at least once a year.

Art. 98-quindecies (Trasparenza, confronto delle offerte e pubblicazione delle informazioni)

Regarding Access to a Free of Charge Comparison Tool:

IT: 2. L'Autorita' provvede affinche' gli utenti finali abbiano accesso gratuito ad almeno uno strumento indipendente di confronto che consenta loro di comparare e valutare diversi servizi di accesso a internet e servizi di comunicazione interpersonale basati sul numero accessibili al pubblico e, se del caso, di servizi di comunicazione interpersonale indipendenti dal numero accessibili al pubblico,

EN: 2. The Authority shall ensure that end-users have access free of charge to at least one independent comparison tool that enables them to compare and evaluate different Internet access services and number-based interpersonal communications services available to the public and, where applicable, number-independent interpersonal communications services accessible to the public,

Latvia | Passed

Transposed into national law as of 29 July 2022 under the Elektronisko Sakaru Likums.

The directive on a new regulatory framework for the electronic communication sector, adopted on 11 December 2018, will be implemented through amendments to the Electronic Communications Law of Latvia by December 2020. [source]

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Latvia, in form of a reasoned opinion, where Latvia has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

On 6 April 2022, The European Commission referred Latvia to the European Court of Justice (ECJ) on their failure to transpose the European Electronic Communications Code (EECC) into national law. [source]

A final reading on 2 June 2022 warranted a second inspection of the law due to incompatibility with an existing local law, further delaying it’s adoption. On 29 July 2022, the new Electronic Communications Law enters into force, fully transposing the EECC and the next best tariff obligation into national, Latvian law. [source]

Elektronisko sakaru likums; Chapter 6, Article 36

The law includes text describing the next best tariff obligation in three parts. First requiring information on the most appropriate tariffs 1. at least once a year, as well as 2. upon request:

LV: (7) Elektronisko sakaru komersants vismaz reizi gadā sniedz patērētājam informāciju par tam piemērotākajiem elektronisko sakaru pakalpojumu tarifiem. Elektronisko sakaru pakalpojumu līgumā var paredzēt, ka šādu informāciju sniedz pēc patērētāja pieprasījuma.

EN: (7) At least once a year, the electronic communications merchant shall provide the consumer with information on the most appropriate tariffs for electronic communications services. The contract for electronic communication services may stipulate that such information is provided at the consumer’s request.

Elektronisko sakaru likums; Chapter 6, Article 38

and 3. one month before automatic extension of the fixed-term contract:

LV: 3) Elektronisko sakaru komersants vismaz mēnesi pirms terminētā līguma automātiskas pagarināšanas, izmantojot pastāvīgu informācijas nesēju, patērētāju informē par:

1) elektronisko sakaru pakalpojumu līguma izbeigšanas nosacījumiem;

2) patērētājam piemērotākajiem elektronisko sakaru pakalpojumu tarifiem.

EN: (3) At least one month before the automatic extension of the fixed-term contract, the electronic communications merchant, using a permanent information medium, informs the consumer about:

1) conditions for termination of the contract for electronic communication services;

2) for the tariffs of electronic communication services most suitable for the consumer.

Elektronisko sakaru likums; Chapter 6, Article 39

Text also includes the requirement to provide an informative comparison tool:

LV: Regulators nosaka prasības informācijas salīdzināšanas rīkam, kurā ir iekļauta informācija par interneta piekļuves pakalpojumu un starppersonu sakaru pakalpojumu, izmantojot numerāciju. Ja galalietotājiem nav pieejams Regulatora noteiktajam atbilstošs informācijas salīdzināšanas rīks, Regulators nodrošina galalietotājiem bezmaksas piekļuvi informācijas salīdzināšanas rīkam attiecībā uz interneta piekļuves pakalpojumu un starppersonu sakaru pakalpojumu, izmantojot numerāciju, cenām, tarifiem un kvalitāti. Regulators nosaka salīdzināšanas rīka funkcionalitātes nodrošināšanai nepieciešamās informācijas apjomu, kā arī kārtību un termiņus, kādos elektronisko sakaru komersanti sniedz minēto informāciju.

EN:The regulator sets requirements for an information comparison tool that includes information about Internet access service and interpersonal communication service using numbering. If the end-users do not have access to an information comparison tool that meets the requirements of the Regulator, the Regulator provides end-users with free access to the information comparison tool regarding Internet access service and interpersonal communication service, using numbering, prices, tariffs and quality. The regulator determines the amount of information necessary to ensure the functionality of the comparison tool, as well as the procedures and deadlines in which electronic communications merchants provide the mentioned information.

The Office for Communications noted that since Lichtenstein is not a member of the EU, but of the European Economic Area (EEC), the directive is only binding once it has been incorporated into the EEA Agreement. Once that occurs, the implementation obligation applies.

No confirmed dates have been provided.

Lithuania | Passed

Partially transposed into national law as of 1 December 2021 under the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 .

On the 29-30 August 2019, Baltic regulators, including representatives of the Lithuanian Communications Regulatory Authority (RRT), Estonian E-Communications Regulatory Authority (TTJA) and Latvian E-Communications and Postal Regulatory Authority (SPRK), met to share experiences and practical issues arising from the transposition of the European Electronic Communications Code. [source]

On 3 September 2020, the draft law amending the Law on Electronic Communication (recast) had been prepared and submitted for consideration to the Government of the Republic of Lithuania. [source]

According to the preliminary transposition table, Article 105 of Directive 2018/1972 on end-user rights is only partly transposed by this draft. [source] Though a draft on secondary legislation is currently being prepared and should include further transposition on end-user rights, including text on best tariff practices.

Replying to our request for more information, RRT foresees that the legislation transposing Directive 2018/1972 will enter into force in Lithuania from 21 December 2020, as it is indicated in the Directive.

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Lithuania, in form of a reasoned opinion, where Lithuania has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

As an amendment to the Law No. IX-2135, Lithuania has passed the ‘Republic of Lithuania Law on Electronic Communications’, partially transposing the European Electronic Communications Code into Lithuanian national law. [source]

On 6 April 2022, The European Commission referred Lithuania to the European Court of Justice (ECJ) on their failure to transpose the European Electronic Communications Code (EECC) into national law. [source]

Republic of Lithuania Law on Electronic Communications; Chapter 5, Article 34

EN: 6. The provider of public electronic communications services shall inform the subscriber free of charge in an easily accessible form about the services provided and about tariffs and prices if the subscriber so requests.

Luxembourg | Passed

Partially transposed into national law as of 26 December 2021 under the Act of 17 December 2021 on electronic communications networks and services.

On July 16 2020, the Luxembourg Minister of Communications and Medias submitted a draft Law No. 7632 aimed to implement the Directive (EU) 2018/1972 into Luxembourg law. [source] The new law will repeal and replace the amended Law of 27 February 2011. [source]

As part of the legislative procedure, the law is currently being discussed by the Chamber of Deputies and is subject to amendments. At this time, the law may be adopted by the end of the year or shortly after.

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Luxembourg, in form of a reasoned opinion, where Luxembourg has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

On 22 December 2021 the ‘Law of 17 December 2021’ was passed, fully transposing the EECC into national legislation, while simultaneously repealing the former regime found in the Law of 27 February 2011 on electronic communications networks and services. [source] The law came into force on 26 December 2021 and can be found here.

Art. 120. Duration and termination of contracts

FR: (3)Lorsqu’un contrat prévoit la reconduction tacite d’un contrat à durée déterminée portant sur des services de communications électroniques autres que des services de communications interpersonnelles non fondés sur la numérotation et que des services de transmission utilisés pour la fourniture de services de machine à machine, les utilisateurs finaux ont après une telle reconduction le droit de résilier le contrat à tout moment moyennant un délai de préavis d’un mois, et sans supporter de frais sauf les charges liées à la réception du service pendant le délai de préavis. Avant la reconduction tacite du contrat, les fournisseurs informent les utilisateurs finaux, clairement, au moins un mois à l’avance et sur un support durable, de la fin de l’engagement contractuel et des modalités de résiliation du contrat. En même temps, les fournisseurs conseillent les utilisateurs finaux sur le meilleur tarif qu’ils proposent pour leurs services. Les fournisseurs donnent aux utilisateurs finaux des informations sur le meilleur tarif au moins une fois par an.

EN: (3)Where a contract provides for the tacit renewal of a fixed-term contract for electronic communications services other than non-numbered interpersonal communications services and transmission services used for the provision of machine-to-machine services, after such renewal, the end-users shall have the right to terminate the contract at any time with a period of notice of one month, and without incurring any costs except for the costs of receiving the service. Prior to the tacit renewal of the contract, suppliers shall inform end-users, clearly, at least one month in advance and on a durable basis, of the termination of the contractual commitment and the termination of the contract. At the same time, providers advise end-users on the best fare they offer for their services. Providers provide end-users with information on the best price at least once a year.

Malta | Passed

Transposed into national law as of 1 October 2021 under the Electronic Communications Networks and Services (General).

On 8 June 2020, The Malta Communications Authority (MCA) published a response to the Consultation on Proposed Changes to Regulation 51 of the Electronic Communications Networks and Services Regulations. In total, there was one joint response from the three main electronic communications network operators, namely GO, Melita and Vodafone. [source]

As no issues were raised that warranted necessary changes to the proposed amendment, Malta has confirmed to continue as the changes were proposed. [source]

On the 11 January 2021, Malta published its consultation documents, [source] amending most of Malta’s existing telcom legislation, including:

  • The Malta Communications Authority Act (Chapter 418)
  • The Utilities and Services (Regulation of Certain Works) Act (Chapter 81)
  • The Electronic Communications (Regulation) Act (Chapter 399)
  • The Single European Emergency Call Service (‘112’ number) and The European Harmonised Services of Social Value (‘116’ numbering range) Regulations (S.L. 399.43)
As well as the enactment of a new regulation to replace the current:
  • Electronic Communications Networks and Services (General) Regulations (SL 399.28)

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Malta, in form of a reasoned opinion, where Malta has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

Enacted by the President and the House of Representatives on 1 October 2021, the Electronic Communications Networks and Services (General) was passed, amending various laws relating to communications sectors to fully transpose Directive (EU) 2018/1972 establishing the European Electronic Communications Code into national law. [source]

ELECTRONIC COMMUNICATIONS NETWORKS AND SERVICES (GENERAL), § 91

Regarding the EECC Best Tariff Obligation:

EN: (5) Where a contract or national legislation provides forautomatic prolongation of a fixed duration contract for electroniccommunications services other than number-independent interpersonalcommunications services and other than transmission services used forthe provision of machine-to-machine services, then after suchprolongation, end-users may terminate the contract at any time bygiving thirty days prior notice and without incurring any costs exceptthe charges for receiving the service during the notice period and anyapplicable reasonable and justified charges in connection withunreturned loaned equipment:

Provided that before the contract is automatically extended,providers shall inform end-users, in a prominent and timely manner and on a durable medium, of the end of the contractual commitment and of the means by which to terminate the contract. In doing so providers shall give end-users best tariff advice relating to their services.

(6) Providers of publicly available electronic communicationsservices other than number-independent interpersonal communicationsservices and other than transmission services used for the provision ofmachine-to-machine services shall provide end-users with best tariffinformation at least annually:

Provided further that the Authority may from time to timeissue guidelines to providers on the provision of best tariff advice andinformation related to their services.

ELECTRONIC COMMUNICATIONS NETWORKS AND SERVICES (GENERAL), § 88

Regarding Access to a Free of Charge Comparison Tool:

EN: (2) The Authority shall ensure that end-users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate different internet access services and publicly available number-based interpersonal communications services, and,where applicable, publicly available number-independent interpersonal communications services, with regard to:

(a) prices and tariffs of services provided against recurring or consumption-based direct monetary payments; and

(b) the quality of service performance, whereminimum quality of service is offered or the undertaking isrequired to publish such information pursuant to regulation 89.

Netherlands | Passed

Transposed into national law as of 23 February 2022 under the Act of 16 February 2022 amending the Telecommunications Act with regard to the implementation of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Implementation Telecom Code).

On 14 October 2020, news of The Dutch Ministry of Economic Affairs and Climate (EZK) is said to be finalizing a bill implementing the European Electronic Communication Code (EECC). The ministry plans to ask the Council of State for further advice this year. [source]

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Netherlands, in form of a reasoned opinion, where Netherlands has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

The Dutch Ministry of Economic Affairs has opened a consultation session from the 1 to the 31 October 2021, which include discussions regarding the amendment of nine acts and two regulations to bring them back in line with EU requirements pertaining the Directive (EU) 2018/1972. [source]

On 23 February 2022, the Dutch senate enacts the Act of 16 February 2022 amending the Telecommunications Act with regard to the implementation of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Implementation Telecom Code). [source]

Article 7.2ab

Regarding the EECC Best Tariff Obligation:

NL: 2. Ten minste een maand voordat de initiële contractduur afloopt informeert de aanbieder de eindgebruiker op genoegzame wijze en op een duurzame drager over het einde van de initiële contractduur van de overeenkomst en over de mogelijkheid om de overeenkomst kosteloos te beëindigen en geeft hem advies over de voordeligste tarieven met betrekking tot zijn diensten.

3. De aanbieder geeft de eindgebruiker ten minste een keer per jaar informatie over de voordeligste tarieven.

EN: 2. At least one month before the initial contract period expires, the provider shall inform the end user in an adequate manner and on a durable medium about the end of the initial contract period of the agreement and about the possibility of terminating the agreement free of charge and shall advise him on the most advantageous rates with regard to his services.

3. The provider shall provide the end user with information about the most advantageous rates at least once a year.

Article 7.3

Regarding Access to a Free of Charge Comparison Tool:

NL: 4. At least one independent comparison tool shall be available free of charge to end-users to enable them to compare and evaluate different internet access services and publicly available number-based interpersonal communications services and, where applicable, publicly available number-independent interpersonal communications services with regard to:

a. the prices and tariffs of services provided against recurring or consumption-based direct payments;

b. the quality of service where a minimum quality of service is provided or the undertaking is required to publish that information under Article 7.4.

EN: 4. At least one independent comparison tool shall be available free of charge to end-users to enable them to compare and evaluate different internet access services and publicly available number-based interpersonal communications services and, where applicable, publicly available number-independent interpersonal communications services with regard to:

a. the prices and tariffs of services provided against recurring or consumption-based direct payments;

b. the quality of service where a minimum quality of service is provided or the undertaking is required to publish that information under Article 7.4.

Norway is not a member of the EU, but of the European Economic Area (EEC), the directive is only binding once it has been incorporated into the EEA Agreement. Once that occurs, the implementation obligation applies.

No confirmed dates have been provided.

Poland | Passed

Transposed into national law as of 9 December 2022 under the Electronic Communications Law.

In April 2020, a draft bill named the Electronic Communications Law (ECL), implementing the provisions of the European Electronic Communications Code (EECC), was prepared by the The Ministry of Digital Affairs and initially consulted with representatives of the telecommunications market. [source] In the beginning of July the draft bill was subject to public consultation.

The date of adoption by the Council of Ministers and introduction to Parliament is not yet formally determined, however the final work on the Act should be completed by 21 December 2020, as specified in European Electronic Communications Code.

A consulted version of the draft Electronic Communications Law can be found here.

On 21 December 2021, a significant amendment to the Telecommunications Law (TL) entered into force in Poland, which partially implemented Directive (EU) 2018/1972, including legislation on number portability after contract termination, rights to continuity of internet access, shorter notice periods, and so on.

A full implementation of the EECC is expected with the adoption of the Electronic Communications Law (ECL).

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Poland, in form of a reasoned opinion, where Poland has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

On 6 April 2022, The European Commission referred Poland to the European Court of Justice (ECJ) on their failure to transpose the European Electronic Communications Code (EECC) into national law. [source]

As of 9 December 2022, the Government Bill - Electronic Communication Law intended to implement Directive (EU) 2018/1972 is passed. [source]

Electronic Communications Law

Regarding the EECC Best Tariff Obligation:

PL: Art. 296. 1. Abonent może wypowiedzieć w każdym czasie, z zachowaniem miesięcznego okresu wypowiedzenia, umowę o świadczenie usług komunikacji elektronicznej w zakresie usług telekomunikacyjnych, z wyłączeniem usług transmisji danych używanych do świadczenia usług komunikacji maszyna-maszyna, która po upływie okresu, na jaki została zawarta, ze względu na brak przeciwnego oświadczenia abonenta, uległa automatycznemu przedłużeniu. W okresie wypowiedzenia abonent ponosi jedynie opłaty za świadczenie usług telekomunikacyjnych objętych umową lub zamówionych w czasie trwania umowy pakietów taryfowych lub dodatkowych opcji usług.

2. Przed automatycznym przedłużeniem umowy, o której mowa w ust. 1, dostawca usług telekomunikacyjnych doręcza abonentowi na trwałym nośniku, w rozsądnym terminie, nie później niż 30 dni przed upływem okresu, na jaki umowa została zawarta, jasne i zrozumiałe informacje o automatycznym przedłużeniu umowy, w szczególności zmiany warunków świadczenia usług względem warunków obowiązujących w okresie, na jaki została zawarta umowa, o której mowa w ust. 1, sposobach i terminach jej wypowiedzenia, a także najkorzystniejszych oferowanych przez siebie pakietach taryfowych dotyczących usług objętych umową, o której mowa w ust. 1.

3. W przypadku gdy umowa, o której mowa w ust. 1, uległa automatycznemu przedłużeniu, dostawca usług telekomunikacyjnych, co najmniej raz w roku, informuje abonenta o najkorzystniejszych oferowanych przez siebie pakietach taryfowych dotyczących usług objętych umową, o której mowa w ust. 1.

EN: Art. 296. 1. The subscriber may terminate at any time, with a one-month notice period, the contract for the provision of electronic communications services in the scope of telecommunications services, excluding data transmission services used to provide machine-to-machine communication services, which after the expiry of the period for which it was concluded, due to the lack of a contrary declaration by the subscriber, was automatically extended. During the notice period, the subscriber shall only pay fees for the provision of telecommunications services covered by the contract or for tariff packages or additional service options ordered during the term of the contract.

2. Before the automatic extension of the contract referred to in par. 1 , the telecommunications service provider shall provide the subscriber on a durable medium, within a reasonable time, no later than 30 days before the expiry of the period for which the contract was concluded, with clear and comprehensible information on the automatic extension of the contract, in particular changes to the terms of service provision in relation to the terms applicable during the period for which the contract referred to in par. 1 was concluded, the methods and deadlines for its termination, as well as the most favourable tariff packages offered by it for the services covered by the contract referred to in par. 1.

3. If the contract referred to in par. 1 has been automatically extended, the telecommunications service provider shall, at least once a year, inform the subscriber about the most favourable tariff packages it offers for the services covered by the contract referred to in par. 1.

In addition, the provider is expected to:

PL: Art. 297. Dostawca usług telekomunikacyjnych zapewnia abonentom możliwość uzyskania połączenia głosowego z konsultantem dostawcy usług, w tym w celu uzyskania informacji dotyczących alternatywnych taryf, jeżeli takie są dostępne.

EN: Art. 297. A telecommunications service provider shall provide subscribers with the option of making a voice call to a service provider consultant, including for the purpose of obtaining information on alternative tariffs, if available.

Portugal | Passed

Transposed into national law as of 16 August 2022 under the ACT No. 16/2022.

The Commission for Communications Regulation (ComReg) has commented that the deadline for transposition—which must be met by all Member States—is 21 December 2020, and Ireland is planning towards meeting that deadline.

As of 21 December 2020, Ireland has failed to meet the transposition deadline of Directive (EU) 2018/1972, leaving the State open to infringement proceedings and penalties. [source] ComReg has however, produced a draft implementing legislation on end-user rights—including best tariff obligations—which can be found here.

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

Given that the Government and Irish Houses of Parliament are in recess until September it is likely that relevant legislation will not be in place until late Q4 2021.

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Portugal, in form of a reasoned opinion, where Portugal has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

On 18 December 2021, The Department of the Environment, Climate and Communications announced the transposition will be achieved in form of two laws; one primary legislation, dubbed the ‘Communications Regulation (Enforcement) Bill, 2022’ and one secondary legislation, named the ‘European Union (Electronic Communications Code) Regulations, 2022’. [source]

While a summary of the ‘Communications Regulation (Enforcement) Bill, 2022’ can be found here, the majority of the EECC will be transposed through the ‘European Union (Electronic Communications Code) Regulations, 2022’ which has been drafted, giving service providers until 11 February 2022 to submit their comments.

As of 21 December 2020, Ireland has failed to meet the transposition deadline of Directive (EU) 2018/1972, leaving the State open to infringement proceedings and penalties. [source] ComReg has however, produced a draft implementing legislation on end-user rights—including best tariff obligations—which can be found here.

Article 132 Automatic extension of contracts

PT: 1 - Nos casos em que um contrato com período de fidelização para a prestação de serviços de comunicações eletrónicas, com exceção dos serviços de comunicações interpessoais independentes de números e dos serviços de transmissão utilizados para a prestação de serviços máquina a máquina, preveja a respetiva prorrogação automática, após essa prorrogação, os utilizadores finais têm o direito de denunciar o contrato em qualquer momento, com um pré-aviso máximo de um mês, sem incorrer em quaisquer custos, exceto os relativos à utilização do serviço durante o período de pré-aviso.

2 - Antes da prorrogação automática do contrato, as empresas informam os utilizadores finais, de forma clara, atempada e num suporte duradouro, sobre a data de fim do período de fidelização, os meios disponíveis para denunciar o contrato e os melhores preços aplicáveis aos seus serviços.

3 - Pelo menos uma vez por ano, as empresas prestam informações sobre os melhores preços aos utilizadores finais.

EN: 1 - In cases where a contract with a loyalty period for the provision of electronic communications services, with the exception of number-independent interpersonal communications services and transmission services used for the provision of machine-to-machine services, provides for its automatic extension, after such extension, end users have the right to terminate the contract at any time, with a maximum notice period of one month, without incurring any costs, except those relating to the use of the service during the notice period.

2 - Before the automatic extension of the contract, companies inform end users, in a clear, timely manner and on a durable medium, about the end date of the loyalty period, the means available to terminate the contract and the best prices applicable to their services.

3 - At least once a year, companies provide information on the best prices to end users.

Romania | Passed

Transposed into national law as of 6 July 2022 under the Law No. 198/2022 of 6 July 2022.

When asked, the National Authority for Management and Regulation in Communications of Romania (ANCOM) commented that under no.SC-17226/12.06.2020, all Member States must adopt and publish the laws, regulations and administrative provisions necessary to comply with the Directive (EU) 2018/1972 by 21 December 2020.

ANCOM is currently working on finalizing this draft normative act, intending to complete this stage by August 2020 at the latest. Subsequently, a public consultation will be organized, in accordance with the legal provisions in force, by the institutions who will assume the role of initiator of the draft normative act.

As of 21 December 2020, Romanian regulator ANCOM has failed to transpose Directive (EU) 2018/1972 into national law. An Action Plan for 2021 outlines the intent to transpose legislation in Q1, which can be found in Romanian, here.

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Romania, in form of a reasoned opinion, where Romania has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

On 7 December 2021, Romania released a draft of their legislation which transposes the EECC into national law. It had been adopted by the Chamber of Deputies without comment and is now awaiting approval by the Romanian Senate, where a vote should take place in February 2022 at the latest. [source]

ANCOM’s action plan for 2022 is available here.

On 6 April 2022, The European Commission referred Romania to the European Court of Justice (ECJ) on their failure to transpose the European Electronic Communications Code (EECC) into national law. [source]

ANCOM announces the enactment of Law No. 198/2022 of 6 July 2022 adopting the EECC into national law. [source]

Article 59^10 of the Law No. 198/2022 of 6 July 2022

RO: 1) În cazul contractelor având ca obiect furnizarea de servicii de comunicații electronice destinate publicului, altele decât serviciile de comunicații interpersonale care nu se bazează pe numere, care prevăd un termen fix și se prelungesc automat, utilizatorii finali au dreptul, oricând în cursul perioadei de prelungire, să denunțe unilateral contractul după transmiterea unei notificări cu maximum 30 de zile în avans.

(2) Dacă își exercită dreptul de denunțare unilaterală în condițiile alin. (1), utilizatorul final suportă doar tarifele aferente utilizării serviciului pe durata perioadei de notificare prealabilă.

(3) Prin derogare de la art. 10 lit. i) din Ordonanța Guvernului nr. 21/1992, republicată, cu modificările și completările ulterioare, înainte de prelungirea automată a contractelor, furnizorii informează consumatorii în timp util și pe un suport durabil cu privire la încetarea contractului și la mijloacele de denunțare unilaterală a acestuia. Aceste prevederi sunt aplicabile și celorlalte categorii de utilizatori finali. În același timp, furnizorii pun la dispoziția utilizatorilor finali informații privind cele mai bune tarife pentru serviciile lor.

(4) În cazul contractelor care se prelungesc automat, furnizorii pun la dispoziția utilizatorilor finali, cel puțin o dată pe an, după expirarea perioadei contractuale inițiale, informații privind cele mai bune tarife pentru serviciile de comunicații destinate publicului de care aceștia beneficiază.

EN: 1) In the case of contracts whose object is the provision of electronic communications services intended for the public, other than interpersonal communications services that are not based on numbers, which provide for a fixed term and are automatically extended, end users have the right, at any time during the extension period, to unilaterally terminate the contract after sending a notice with a maximum of 30 days in advance.

2) If he exercises his right of unilateral termination under the conditions of para. (1), the end user only bears the fees related to the use of the service during the prior notification period.

3) By way of derogation from art. 10 lit. i) from Government Ordinance no. 21/1992, republished, with subsequent amendments and additions, before the automatic extension of the contracts, the suppliers inform the consumers in a timely manner and on a durable basis regarding the termination of the contract and the means of its unilateral termination. These provisions are also applicable to other categories of end users. At the same time, providers shall make available to end-users information on the best rates for their services.

4) In the case of auto-renewing contracts, providers shall make available to end-users at least once a year after the expiry of the initial contractual period , information on the best rates for the communications services available to the public.

Slovakia | Passed

Transposed into national law as of 6 July 2022 under the Law No. 198/2022 of 6 July 2022.

The Regulatory Authority for Electronic Communications and Postal Services () is responsible for the implementation of the DIRECTIVE (EU) 2018/1972 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL.

The RÚ is preparing a draft of the new Act on Electronic Communications. In these days the Ministry communicates the first draft with the Slovak Regulatory Office.

When asked, the Ministry responded that they will try to meet a deadline for the implementation which is 21 December 2020.

As of 21 December 2020, Slovakia missed the deadline for the EECC implementation. Slovakia’s approach to prepare a completely new act on electronic communication replacing the current Act No. 351/2011 Coll. on Electronic Communication.

Unfortunately, an implementation date is unknown to the public at this moment, but according to the latest information, it is expected that the bill will be submitted to the inter-ministerial comment procedure in January or February of 2021. [source]

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Slovakia, in form of a reasoned opinion, where Slovakia has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

RÚ announces the enactment of Law No. 198/2022 of 6 July 2022 adopting the EECC into national law. [source]

§ 87 The duration of the contract for the provision of services and its termination

SK: (7) Ak je možné zmluvu o poskytovaní služieb, ktorá bola uzatvorená na dobu určitú, automaticky predĺžiť, účastník má právo kedykoľvek po takomto predĺžení doby trvania zmluvy vypovedať zmluvu o poskytovaní služieb bez sankcií a bez toho, aby mu vznikli akékoľvek ďalšie náklady, okrem poplatkov za poskytovanie služby. Výpovedná lehota je najviac jeden mesiac.

(8) Pred automatickým predĺžením doby trvania zmluvy podľa odseku 7 je podnik povinný informovať účastníka o dátume uplynutia doby, na ktorú bola zmluva uzavretá, a o spôsobe, akým je možné zmluvu vypovedať. Informácie podľa prvej vety doručí podnik účastníkovi najneskôr šesť týždňov pred dátumom uplynutia doby, na ktorú bola zmluva uzatvorená, a to na trvanlivom médiu. Podnik súčasne s informáciou podľa prvej a druhej vety poskytne účastníkovi aj informácie o najvýhodnejších tarifách za služby, ktoré mu podnik poskytuje. Podnik následne aspoň raz ročne poskytne účastníkovi informácie podľa predchádzajúcej vety.

EN: (7) If the contract for the provision of services, which was concluded for a fixed period, can be automatically extended, the participant has the right to terminate the contract for the provision of services at any time after such an extension of the duration of the contract without penalties and without incurring any additional costs, except fees for providing the service. The notice period is a maximum of one month.

(8) Before automatically extending the duration of the contract according to paragraph 7, the company is obliged to inform the participant about the expiry date of the period for which the contract was concluded and about the way in which the contract can be terminated. The company shall deliver the information according to the first sentence to the participant no later than six weeks before the expiry date of the period for which the contract was concluded, on a durable medium. At the same time as the information according to the first and second sentences, the company will also provide the participant with information about the most favorable tariffs for the services provided by the company. The company will subsequently provide the participant with information according to the previous sentence at least once a year.

Slovenia | Passed

Transposed into national law as of 28 September 2022 under the Zakon o elektronskih komunikacijah (ZEKom).

Communication with the Agency for Communication Networks and Services of the Republic of Slovenia (AKOS-RS) revealed that the draft of new Electronic Communications Act (ZEKom-2) is in the final stages of preparation within the Ministy of Public Administration.

A link to the published draft can be found here, which includes text regulating end user rights in Articles 178-205.

The public consultation is envisaged until 15 October 2020. [source] Unfortunately, the timeline for its adoption is not yet clear, though AKROS-RS stated “hopefully in the first half of 2021.”

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Slovenia, in form of a reasoned opinion, where Slovenia has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

On 6 April 2022, The European Commission referred Slovenia to the European Court of Justice (ECJ) on their failure to transpose the European Electronic Communications Code (EECC) into national law. [source]

Emilija Stojmenova, Slovenian Minister for Digital Transformation, disclosed of a EUR 800,000.00 fine enacted by the European Commission for Slovenia’s failure to transpose the EECC intro national law. [source]

On 28 September 2022, The National Assembly passed the Electronic Communications Act of 2004 (ZEKom), fully transposing the EECC into national law. [source]

Article 132 (transparency and publication of information)

SL: 1. zagotoviti naročnikom informacije o veljavnih tarifah glede katere koli številke ali storitve, ki je predmet posebnih cenovnih pogojev, pri čemer lahko agencija glede na posamezne kategorije storitev zahteva, da se takšne informacije sporočijo neposredno pred vzpostavitvijo klica,

EN: 1. provide subscribers with information about applicable tariffs for any number or service, which is subject to special price conditions, whereby the agency may, depending on the individual category of services requires that such information be communicated directly before making a call,

Spain | Passed

Transposed into national law as of 29 June 2022 under the Spanish Telecommunications Act (Act 11/2022).

In accordance with article 124.1 of DIRECTIVE (EU) 2018/1972 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2018 establishing the European Code of Electronic Communications, Member States shall adopt and publish, at the latest on December 21, 2020, the legal, regulatory and administrative provisions necessary to comply with the provisions of this Directive.

It is the intention of the Ministry of Economic Affairs and Digital Transformation (CNMC) that said Directive be transposed into the Spanish legal system before that date through the approval of a new General Telecommunications Law.

On 11 September 2020, the Government of Spain announced the start of a public consultation on the draft General Telecommunications Law, which broadens it’s own scope to include interpersonal communication services not based on numbering or messaging, capabilities of emergency communications, user rights—among others.

Contributions can be made until 13 October 2020 on the website of the Ministry of Economic Affairs and Digital Transformation. [source]

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Spain, in form of a reasoned opinion, where Spain has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

On 6 April 2022, The European Commission referred Spain to the European Court of Justice (ECJ) on their failure to transpose the European Electronic Communications Code (EECC) into national law. [source]

29 June 2022, Publication of the Spanish Telecommunications Act (“TA”) in the Official State Gazette and effective the day after its publication, with the status of law. For the best tariff obligation, the act states:

Article 67. Contracts. Paragraph 7

SP: Una vez que se cumpla el período de vigencia, dichos contratos quedan prorrogados automáticamente por el mismo periodo si bien, tras dicha prórroga, los usuarios finales tienen el derecho de rescindirlo en cualquier momento con un preaviso máximo de un mes sin contraer ningún coste excepto el de la recepción del servicio durante el período de preaviso. Con anterioridad a dicha prórroga automática, los operadores informarán a los usuarios finales de manera notoria y oportuna y en un soporte duradero de la finalización de los compromisos contractuales y los medios para rescindir el contrato y, de manera simultánea, el operador proporcionará a los usuarios finales información sobre las mejores tarifas de sus servicios. Los operadores facilitarán a los usuarios finales información sobre las mejores tarifas al menos una vez al año.

EN: Once the term of validity expires, such contracts are automatically extended for the same period, although, after such extension, end users have the right to terminate it at any time with a maximum notice of one month without incurring any costs except for the receipt of the service during the notice period. Prior to such automatic extension, operators shall inform end users in a conspicuous and timely manner and on a durable medium of the termination of the contractual commitments and the means to terminate the contract and, simultaneously, the operator shall provide end users with information on the best rates for its services. Operators shall provide end users with information on the best rates at least once a year.

Sweden | Passed

Transposed into national law as of 3 June 2022 under the New Electronic Communication Law.

The Swedish Ministry of Infrastructure has commented, that due to unforeseen circumstances there is a slight delay in the implementation. The plan at the moment is to table a draft law before Parliament (Riksdag) at the end of summer, 2021.

On 4 February 2021, the Commission opened infringement procedures against Ireland for not transposing new EU telecom rules in time. [source]

On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Sweden, in form of a reasoned opinion, where Sweden has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union. [source]

On 2 March 2022, The Swedish Post and Telecom Authority (PTS) announced a new law aimed to replace the current Electronic Communications Act (SFS: 2003:389) that will implement the Directive (EU) 2018/1972 of 11 December 2018, fully transposing the European Electronic Communications Code into national law. [source]

On 6 April 2022, The European Commission referred Sweden to the European Court of Justice (ECJ) on their failure to transpose the European Electronic Communications Code (EECC) into national law. [source]

On 3 June 2022, the new Electronic Communications Act (“ny lag om elektronisk kommunikation” or “New LEK”) entered into force, replacing the existing Electronic Communications Act (2003:389)(“agen om elektronisk kommunikation” or “LEK”), fully implementing the EECC into national Swedish law. [source]

Chapter 7. Services to end users

SV: Regeringen eller den myndighet som regeringen bestämmer får meddela föreskrifter om skyldighet för tillhandahållaren att till slutanvändaren lämna information inför en avtalsförlängning och årlig information om prisvillkor.

EN: The Government or the authority determined by the Government may: provide for the obligation of the provider to: provide the end user with information before a contract extension and annual information on price terms.

Switzerland is neither a member of the European Union nor part of the European Economic Area (EEA); therefore, the directive is not binding for Switzerland and is not subject to mandatory implementation.

United Kingdom | Passed

Transposed into national law as of 21 December 2020 under the Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020.

The UK, under the post-Brexit transition period active until the end of 31 December 2020, was continuously subject to the rights and obligations of EU membership, including full transposition of EU directives in domestic law.

The UK Government’s response to the first public consultation on implementing the EECC was published by the Department of Digital, Culture Media & Sport (DCMS) on 22 July 2020. The response highlighted their aim to meet the minimum requirements of the Directive, as to minimize additional costs to businesses, while still ensuring updates to the UK regulatory framework that contribute to the Government’s ambitions for digital connectivity. [source]

On 24 July 2020, The Office of Communications (Ofcom) published a revision to their 2019 proposal, which includes further text on annual best tariff measures so that “broadband, phone and pay TV customers who are out-of-contract must be sent reminders every year showing them the best deals available,” inviting responses to this consultation by 11 September 2020 followed by a statement, which the Government has confirmed will be implemented by 21 December 2020.

Ofcom consultation deadlines have passed, where a final statement setting out their decision on the revised proposals can be expected in Autumn of 2020. [source]

On 12 October 2020, a statement made by Parliamentary Under-Secretary of State for Digital Infrastructure, Matt Warman, mentioned the submission of legislation to Parliament which commits “a high level of consumer protection,” implementing the EECC into national law. [source] The full legislative text can be found here.

On 2 December 2020, the United Kingdom passed The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020, officially fully transposing the EECC into national law. [source]

General Conditions of Entitlement C1.16-C1.21

EN: C1.17 If a Subscriber is a Consumer, the Regulated Provider must comply with Condition C1.16 by sending an Annual Best Tariff Notification to that Subscriber, in the manner and form specified by Conditions C1.18 to C1.20.

C1.18 An Annual Best Tariff Notification shall include the following information in respect of a Subscriber’s contract, in a clear and comprehensible form:

(a) a message that the contract is not currently subject to a Fixed Commitment Period;

(b) the notice period (if any) which applies to the Subscriber under that contract (where the contract is for a Mobile Communications Service, the Regulated Provider may instead include a message that a notice period may apply);

(c) details of the services provided by the Regulated Provider to the Subscriber under that contract;

(d) the current Core Subscription Price payable by the Subscriber under that contract;

(e) details of other contracts for Public Electronic Communications Services between the Regulated Provider and the Subscriber;

(f) the dates on which the Fixed Commitment Periods end for the other contracts referred to in (e);

(g) details of the options available to the Subscriber; and

(h) the Regulated Provider’s best tariffs.

C1.19 Regulated Providers must send an Annual Best Tariff Notification at least once in every 12-month period.

C1.20 Regulated Providers must send an Annual Best Tariff Notification via a Durable Medium that is separate and distinct from any other communication, and otherwise in a prominent manner.

C1.21 Regulated Providers must retain a record of each Annual Best Tariff Notification it sends to a Consumer, and the date on which it was sent, for a period of at least 12 months.

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