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Chapter 3–Rights IV

Harmonised rights of end-users

Article 17 – No restriction or 21 – Elimination of restrictions and discrimination

1. End The freedom of end-users shall not be restricted by public authorities in using to use public electronic communications networks or publicly available electronic communications services provided by an undertaking established in another Member State shall not be restricted by public authorities.

2. Providers of electronic communications to the public in a given Member State shall not apply any discriminatory requirements or conditions of access or use, including charges and tariffs, to end-users based on the end-user's nationality or place of residence unless providers can demonstrate that such differences are directly objectively justified by objective criteria.

3. Providers of electronic communications to the public shall not apply different charges within the same tariff to an end-usertariffs for electronicinternational communications services other than regulated roaming services as between communications originating and terminating in the same Member State and communications originating in one Member State and tariffs for intra-Union communications terminating in another Member State which are higher, unless different charges are objectively justified by and reasonably proportionate to aggregate additional costs.: :

a) as regards fixed communications, than tariffs for domestic long-distance communications;

b) as regards mobile communications, than the euro-tariffs for regulated voice and SMS roaming communications, respectively, established in Regulation (EC) No 531/2012.

Article 18 22 - Cross-border dispute resolution

1. The out-of-court procedures set up in accordance with Article 34 (1) of the Universal Service Directive 2002/22/EC shall also apply to disputes related to contracts between consumers, and other end-users to the extent that such out-of-court procedures are available also for them, and providers of electronic communications to the public which are established in another Member State. For disputes within the scope of Directive 2013/11/EU, the provisions of that Directive shall apply. Other end-users may request that those procedures also apply to them.

2. The out-of-court procedures in the Member State of the end-user's residence shall apply unless otherwise agreed by an end-user who is not a consumer.

3. The dispute settlement bodies and the national regulatory authorities in all Member States involved in a cross-border dispute shall cooperate closely and expeditiously in solving itaccordance with Article 17 of Directive 2013/11/EU31.

Article 19- Bundled offers

In case of a service bundle comprising at least a connection to an electronic communications network or one electronic communications service, the provisions of Chapters 3 and 4 of this Regulation shall apply to all elements of the bundle

Article 20 - Quality of service, freedom 23 - Freedom to provide and avail of open internet access, and reasonable traffic management

1. End-users shall be free to access and distribute information and content, run applications and use services of their choice via their internet access service. In pursuit of the foregoing freedom, end End-users shall be free to agree enter into agreements on data volumes, and speeds and general quality characteristics with providers of electronic communications to the public internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services, including offers.

2. End-users shall also be free to agree with definedeither either providers of electronic communications to the public or with providers of information society content, applications and services on the provision of specialised services with an enhanced quality of service. To In order to enable the same end, provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free to agre enter into agreements with each other on the treatment of to transmit the related data volumes or on the transmission of traffic as specialised services with a defined quality of service or dedicated capacity so long as the provision of such specialised services does not substantially impair the quality of internet access services. . The provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services.

3. This Article is without prejudice to Union or national legislation related to the lawfulness of the information, content, application or services transmitted.

4. The exercise of thesethe freedoms shall not be restricted by national competent authorities, or, as regards the freedom laid downprovided for end-users, by providers of electronic communications to the public, save in accordance with the provisions of this Regulation, the Directives and other provisions of Union law. End usersparagraphs 1 and 2 shall be facilitated in the exercise of these freedoms by the provision of complete information in accordance with Article 21, paragraphs 25(1), Article 26 (2), and 4,Article 27 (1) and Article 22, paragraph 2, of this Regulation.(2). the freedoms provided for in paragraphs 1 and 2 shall be facilitated by the provision of complete information in accordance with Article 25(1), Article 26 (2), and Article 27 (1) and (2).

25. Within the limits of any contracted contractually agreed data volumes or speeds for internet access services, providers of electronic communications to the public internet access services shall not restrict the foregoing freedoms provided for in paragraph 1 by employing traffic management practices solely or primarily to block, slow blocking, slowing down, degrading or otherwise degrade discriminating against specific services or content, applications or services, or specific classes thereof, unless except in cases where it is necessary to apply reasonable traffic management measures. Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate and only necessary to the extent that, such restrictions are necessary to::

a) implement a legislative provision or a court order, or prevent or impede serious crimes;

b) preserve the integrity and security of the network, services provided via this network, and the end-users' terminals;

c) prevent the transmission of unsolicited communications to end-users who have given their prior consent to such restrictive measures ;;

d) minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally. 3 Reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph.

Article 24 - Safeguards for quality of service

1. National regulatory authorities shall closely monitor and ensure the effective ability of end-users to exercise benefit from the freedoms defined provided for in paragraph Article 23 (1, the) and (2), compliance with paragraph 2, Article 23 (5), and the transparency and proportionality of traffic management practices in general.continued continued availability of non-discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitor the effects of specialised services on cultural diversity and innovation. National regulatory authorities shall report on an annual basis to the Commission and BEREC on their monitoring and findings.

2. In order to prevent the general degradation impairment of quality of service for Internet internet access services or for certain types of traffic, or to safeguard the ability of end-users to access and distribute content or information or to run applications and services of their choice, national regulatory authorities shall have the power to impose minimum non-discriminatory quality of service requirements on providers of electronic communications to the public. National regulatory authorities shall provide the Commission, in good time before imposing any such requirements, provide the Commission with a summary of the grounds for action, the envisaged requirements and the proposed course of action. This information shall also be made available to BEREC. The Commission may, having examined such information, make comments or recommendations thereupon, in particular to ensure that the envisaged requirements do not adversely affect the functioning of the internal market. The envisaged requirements shall not be implemented adopted during a period of two months from the receipt of complete information by the Commission unless otherwise agreed between the Commission and the national regulatory authority, or the Commission has informed the national regulatory authority of a shortened examination period, or the Commission has made comments or recommendations. National regulatory authorities shall take the utmost account of the Commission’s comments or recommendations when deciding on and shall communicate the adopted requirements and shall inform to the Commission [and BEREC] of the implemented requirements..

43. The Commission may, by means of an adopt implementing act adopted pursuant to Article 27 of this Regulation, defineacts acts defining uniform conditions for the implementation of the obligations of national competent authorities under this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33 (2).