COM(2023) 94 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures to reduce the cost of deploying gigabit electronic communications networks and repealing Directive 2014/61/EU (Gigabit Infrastructure Act)

    Resolutsiooni liik: Riigikantselei resolutsioon Viide: Majandus- ja Kommunikatsiooniministeerium /  / ; Riigikantselei /  / 2-5/23-00456

Resolutsiooni teema: Gigabititaristut käsitleva õigusakti ettepanek

Adressaat: Majandus- ja Kommunikatsiooniministeerium Ülesanne: Tulenevalt Riigikogu kodu- ja töökorra seaduse § 152` lg 1 p 2 ning Vabariigi Valitsuse reglemendi § 3 lg 4 palun valmistada ette Vabariigi Valitsuse seisukoha ja otsuse eelnõu järgneva algatuse ja avaliku konsultatsiooni kohta, kaasates seejuures olulisi huvigruppe ja osapooli: - Gigabititaristut käsitleva õigusakti ettepanek (Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures to reduce the cost of deploying gigabit electronic communications networks and repealing Directive 2014/61/EU (Gigabit Infrastructure Act)), COM(2023) 94 - Euroopa Komisjoni avalik konsultatsioon: elektroonilise side sektori ja selle infrastruktuuri tulevik (https://ec.europa.eu/eusurvey/runner/Future_of_Connectivity)

EISi toimiku nr: 23-0078

Tähtaeg: 24.04.2023

Adressaat: Justiitsministeerium, Kultuuriministeerium, Maaeluministeerium, Rahandusministeerium, Riigikantselei, Siseministeerium Ülesanne: Palun esitada oma sisend Majandus- ja Kommunikatsiooniministeeriumile seisukohtade kujundamiseks antud eelnõu ja avaliku konsultatsiooni kohta (eelnõude infosüsteemi (EIS) kaudu).

Tähtaeg: 04.04.2023

Lisainfo: Eelnõu ja avalikku konsultatsiooni on kavas arutada valitsuse 04.05.2023 istungil ja Vabariigi Valitsuse reglemendi § 6 lg 6 kohaselt sellele eelneval nädalal (26.04.2023) EL koordinatsioonikogus. Esialgsed materjalid EL koordinatsioonikoguks palume esitada hiljemalt 24.04.2023.

Kinnitaja: Katrin Juhandi, Euroopa Liidu asjade direktori asetäitja Kinnitamise kuupäev: 15.03.2023 Resolutsiooni koostaja: Elen Nurme [email protected], 693 5201      

ANDMED ALGATUSE

KOHTA

Nimetus

- Gigabititaristut käsitleva õigusakti ettepanek (Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures to reduce the cost of deploying gigabit electronic communications networks and repealing Directive 2014/61/EU (Gigabit Infrastructure Act))

- Euroopa Komisjoni avalik konsultatsioon: elektroonilise side sektori ja selle infrastruktuuri tulevik (The future of the electronic communications sector and its infrastructure)

Eelnõu nr COM(2023) 94 Esitamise kuupäev: 23.02.2023 Menetluskord EL-is: tavamenetlus

SEISUKOHA VALITSUSSE

TOOMISE ALUS

1. RKKTS § 1521 lg 1 p1

- algatuse/teatise reguleerimisala nõuab seaduse või Riigikogu otsuse vastuvõtmist, muutmist või kehtetuks tunnistamist

2. RKKTS § 1521 lg 1 p2

- algatuse/ vastuvõtmisega või teatises toodud meetmete rakendamisega kaasneb oluline majanduslik , sotsiaalne või muu mõju

3. RKKTS § 1521 lg 2 - Euroopa Liidu asjade komisjoni või väliskomisjoni nõue 4. VVS § 201 lg 1 - algatuse/teatise reguleerimisala nõuab VV pädevusse kuuluva otsuse vastuvõtmist (määruse vastuvõtmine, muutmine, tühistamine) 5. VVS § 201 lg 2 - seisukoha võtmist algatuse/teatise osas peab oluliseks peaminister või minister (on poliitiliselt oluline või tundlik (Eestis või EL-is))

VALITSUSELE ESITAMINE

Kuupäev 26.04 KOK, 04.05 VV

EL menetluse ajakava

SISERIIKLIK MENETLUS

Vastutav min MKM Kaasatud

ministeeriumid

JM, RM, MEM, SIM, KUM, JRKB (sisendi andmise tähtaeg 04.04)

Sotsiaalpartnerid, huvigrupid

Kaasata kõik asjasse puutuvad partnerid ja huvigrupid

EELNÕU ÜLEVAADE

KOKKUV ÕTE EELÕU SISUST JA EESMÄR KIDEST

Määrusega kehtestatakse reeglid, et võimaldada gigabitivõrkude kiiremat, odavamat ja tõhusamat kasutuselevõttu ELs. Tänu arenenud digitaaltehnoloogiate kasvavale levikule on vajadus suurema ribalaiuse järele kiirematel kiirustel, et võimaldada nutikamaid, paindlikumaid ja uuenduslikke teenuseid, mis põhinevad selliste tehnoloogiate nagu pilv, tehisintellekt, virtuaalne reaalsus jms arendamisel ja kasutamisel. Uus määrus asendaks 2014. a lairibaühenduse kulude vähendamise direktiivi. Eelnõu vähendab bürokraatiat ja kulusid gigabitivõrkude kasutuselevõtmisel, loamenetlused lihtsustuvad ja digitaliseeritakse. Tõhustatakse ehitustööde koordineerimist võrguoperaatorite vahel, et kasutusele võtta aluseks olev füüsiline infrastruktuur, nagu kanalid ja mastid ning tagatakse asjakohastele pooltele juurdepääs sellele. Sellised tööd moodustavad kuni 70% võrgu kasutuselevõtu kuludest. Lisaks peavad kõik uued või põhjalikult renoveeritud hooned (v.a põhjendatud erandid), olema varustatud kiudoptilise võrguga, et kiireimaid ühenduvusteenuseid oleksid kättesaadavad. Konsultatsiooni eesmärk on koguda informatsiooni muutuva tehnoloogilise ja turuolukorra kohta ning selle kohta, kuidas see mõjutab elektroonilise side sektorit. Käsitletakse infrastruktuuri tüüpe ja investeeringute suurust, mida Euroopa vajab digitaalseks ümberkujundamiseks lähiaastatel. Komisjon soovib avatud dialoogi küsimuses, kuidas kõik digitaalsest ümberkujundamisest kasu saajad võiksid õiglaselt panustada ühenduvustaristusse tehtavatesse investeeringutesse (arvestades sealjuures veebineutraalsuse põhimõttega).

ONVÕIMALIKUD SOTS-MAJ. MÕJUD VÕIMALIKUD ÕIGUSLIKUD MUUDATUSED MÕJU EELARVELE

KOMMENTAARID

SEISUKOHAD

EESTI SEISUKOHT TEISTE RIIKIDE SEISUKOHAD KOMMENTAARID

1 / 1 Alustatud: 03/14/2023 Muudetud: 15.03.2023

EN EN

EUROPEAN COMMISSION

Brussels, 23.2.2023

COM(2023) 94 final

2023/0046 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on measures to reduce the cost of deploying gigabit electronic communications networks

and repealing Directive 2014/61/EU (Gigabit Infrastructure Act)

{SEC(2023) 96 final} - {SWD(2023) 46 final} - {SWD(2023) 47 final}

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EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

A high-quality digital infrastructure is an increasingly significant cornerstone of the whole

economy, taking its place alongside electricity, gas, water and transport networks. Excellent

and secure connectivity for everybody and everywhere in the EU is becoming a prerequisite

to deliver sustainable economic and social benefits based on modern online services and fast

internet connections.

Given the fast advances in digital technologies, significant network investment is required to

keep up with increasing bandwidth demands. The 2020 Communication on ‘Shaping Europe’s

Digital Future’1 estimated that, for digital infrastructure and networks alone, the EU has an

investment gap of EUR 65 billion a year. In view of this, the Commission announced a

revision of the 2014 Broadband Cost Reduction Directive2 (BCRD).

A major part of network deployment costs can be attributed to: (i) inefficiencies in the roll-out

process related to the use of existing passive infrastructure (such as ducts, cabinets, and

antenna installations); (ii) difficulties in the coordination of civil works; (iii) burdensome

administrative permit-granting procedures; and (iv) bottlenecks in deploying in-building

physical infrastructure. To facilitate and incentivise network roll-out, the Commission

proposed the Broadband Cost Reduction Directive in 2013 with harmonised measures to

reduce the cost of deploying high-speed electronic communications networks3.

In the meantime, the digital agenda targets on which the BCRD was based have mostly been

met, but they have also become obsolete. The share of households having access to 30 Mbps

internet speeds has increased from 58.1% in 2013 to 90.1% in 2021. However, given the

increased need of businesses and people for very high-capacity fixed and mobile connectivity,

the availability of only 30 Mbps is no longer future-proof. It is also not aligned with the new

objectives set out in Directive (EU) 2018/1972 (European Electronic Communications Code –

‘the Code’)4 for ensuring connectivity and widespread availability of very high capacity

networks (VHCN). Moreover, the Council, in its Conclusions on Shaping Europe’s Digital

Future of 9 June 2020 stressed that the COVID-19 pandemic demonstrated the increased need

for fast and ubiquitous connectivity. It called for a package of additional measures to support

current and emerging network deployment needs, including boosting the measures provided

for under the BCRD. Therefore, in its Communication ‘2030 Digital Compass: the European

way for the Digital Decade’5, the Commission set updated targets for 2030 that better

correspond to the expected connectivity needs of the future. Those targets were then reflected

1 Communication from the Commission to the European Parliament, the Council, the European

Economic and Social Committee and the Committee of the Regions: Shaping Europe’s digital future

(COM/2020/67 final). 2 Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to

reduce the cost of deploying high-speed electronic communications networks (OJ L 155, 23.5.2014,

p. 1). 3 Networks capable of delivering broadband access services of at least 30 Mbps. 4 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018

establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36). 5 Communication from the Commission to the European Parliament, the Council, the European

Economic and Social Committee and the Committee of the Regions 2030 Digital Compass: the

European way for the Digital Decade (COM/2021/118).

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and refined in the Digital Decade Policy Programme6. The programme sets out a governance

structure, including monitoring and a mechanism for close cooperation between the

Commission and Member States to ensure the EU achieves its objectives and digital targets

by 2030.

This proposal for a Gigabit Infrastructure Act, which is an initiative of the Commission’s

regulatory fitness and performance programme (REFIT)7, aims to address the shortcomings of

the BCRD and contribute to the cost-efficient and timely deployment of the VHCN necessary

to meet the EU’s increased connectivity needs8.

• Consistency with existing policy provisions in the policy area

The proposal is part of the regulatory framework for electronic communications and is

consistent with the other legislative and non-legislative instruments, which are also part of

that framework9. In particular, the proposal is consistent with other instruments supporting the

achievement of fixed and mobile connectivity targets in the EU (i.e. the European Electronic

Communications Code). While the Code mainly provides, except in specific cases, for the

possibility to impose obligations on electronic communications operators with a dominant

position – significant market power (SMP) – in a given electronic communications market,

the current proposal addresses undertakings operating an electronic communications network

or utilities, regardless of whether they hold SMP.

The proposal is also in line with the Recommendation on a Connectivity Toolbox adopted in

September 2020, which aimed to reduce the cost of deploying VHCN and ensure timely

access to 5G radio spectrum. The subsequent Connectivity Toolbox10 agreed by Member

States in March 2021 includes 22 best practices to help reduce network costs, which have

largely been taken into account in the measures proposed here.

Moreover, the proposal is consistent with the recent Commission proposal for a Union Secure

Connectivity Programme11, which aims to facilitate broadband access by satellite to areas that

6 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022

establishing the Digital Decade Policy Programme 2030 (OJ L 323, 19.12.2022, p. 4). 7 https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12463-High-speed-broadband-

in-the-EU-review-of-rules_en 8 The market offer has responded to increasing demand for quality and fast internet by bringing optical

fibre closer and closer to the user, and current and even future ‘very high capacity networks’ require

performance parameters that are equivalent to those that a network based on optical fibre elements at

least up to the distribution point at the serving location can deliver. 9 In addition to the Code, the following complement the framework: the Commission Recommendation

(EU) 2020/2245 of 18 December 2020 on relevant product and service markets within the electronic

communications sector susceptible to ex ante regulation in accordance with Directive (EU) 2018/1972

of the European Parliament and of the Council establishing the European Electronic Communications

Code (OJ L 439, 29.12.2020, p. 23), the Commission Recommendation of 20 September 2010 on

regulated access to Next Generation Access Networks (NGA) (2010/572/EU) (OJ L 251, 25.9.2010,

p. 35) and the Commission Recommendation of 11 September 2013 on consistent non-discrimination

obligations and costing methodologies to promote competition and enhance the broadband investment

environment (2013/466/EU) (OJ L 251, 21.9.2013 p. 13) complement the regulatory framework. The

last two are being currently reviewed. 10 The Common Union Toolbox for Connectivity under Commission Recommendation (EU) 2020/1307

on a common Union toolbox for reducing the cost of deploying very high capacity networks and

ensuring timely and investment-friendly access to 5G radio spectrum to foster connectivity in support of

economic recovery from the COVID-19 crisis in the Union (OJ L 305, 21.9.2020, p. 33). 11 Proposal for a Regulation of the European Parliament and of the Council establishing the Union Secure

Connectivity Programme for the period 2023-2027 (COM(2022) 57 final); 2022/0039 COD, for which

a political agreement was reached on 17 November 2022.

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lie beyond the reach of other fixed and mobile electronic communications network

infrastructure.

Finally, the proposal is consistent with funding initiatives to support deploying broadband

networks in rural, remote and other less well-served areas, including the digital part of the

Connected Europe Facility (CEF and CEF Digital)12, post-COVID-19 recovery funds13 and

national State aid initiatives14. The new Guidelines on State aid for broadband networks15,

recently adopted, also contribute to accelerating and extending broadband deployment by

clarifying when public support is in line with competition rules.

• Consistency with other Union policies

The proposal is consistent with the climate targets of the European Green Deal16, enshrined in

the European Climate Law17 by the Council and Parliament in June 2021. Digital connectivity

infrastructure is essential for achieving the twin digital and green transitions, which are the

Commission’s main priorities. Digital infrastructures will play a crucial role in the transition

to a green economy as they are important enablers of energy efficiency in other sectors.

Furthermore, the major building renovation wave18 by 2030, triggered by the Green Deal

objectives, represents a huge opportunity for achieving synergies and ensuring high

performance in in-building infrastructure, including fibre-ready physical infrastructure and

fibre wiring. This will reduce the inconvenience for building owners and/or tenants and

ensure a more efficient use of national and EU funds available for the major renovation of

building stock.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The legal basis for this proposal is Article 114 of the Treaty on the Functioning of the

European Union (TFEU). This is the same legal basis for the Broadband Cost Reduction

Directive, which this proposal repeals. This is justified by the current proposal’s aim to

further harmonise the EU’s electronic communications markets and improve the conditions

for the establishment and functioning of the internal market.

• Subsidiarity (for non-exclusive competence)

Experience gained with the implementation of the BCRD has demonstrated that the objective

of providing the EU with full high-speed broadband coverage could not be achieved by a

directive neither by Member States alone within a reasonable time and with the most efficient

12 https://hadea.ec.europa.eu/programmes/connecting-europe-facility_en 13 https://ec.europa.eu/info/business-economy-euro/recovery-coronavirus/recovery-and-resilience-

facility_en#example-of-component-of-reforms-and-investments 14 Report on implementation of broadband State aid, https://op.europa.eu/en/publication-detail/-

/publication/d6b8368d-f3dd-11ea-991b-01aa75ed71a1/language-en. 15 Communication from the Commission, Union Guidelines for the application of State aid rules in

relation to the rapid deployment of broadband networks of 12 December 2022 (C(2022) 9343). 16 Communication from the Commission to the European Parliament, the Council, the European

Economic and Social Committee and the Committee of the Regions – The European Green Deal

(COM(2019) 640 final). 17 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing

the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU)

2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). 18 Communication from the Commission to the European Parliament, the Council, the European

Economic and Social Committee and the Committee of the Regions - A Renovation Wave for Europe -

greening our buildings, creating jobs, improving lives (COM/2020/662 final).

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use of private and public investment. In addition, some provisions of the Code, namely

Article 44, partially overlap with the BCRD, and there is a need to streamline the rules.

Achieving gigabit coverage by 2030 also requires concerted efforts by all Member States. The

measures that Member States have adopted so far to incentivise network deployments and, in

particular, reduce the cost and timeframe of deployments are very different, sometimes even

in the same Member State. Moreover, expected EU added value has been reduced

significantly by the considerable scope for exclusions or exemptions in many different

circumstances and in different Member States and the lack of upfront guidelines or common

principles on the different measures set out in the BCRD.

The current patchwork of rules creates barriers to cross-border investment. This limits the

freedom to provide electronic communications networks and services. It also affects the

functioning of the internal market, in particular for inherent cross-border applications, such as

connected and autonomous driving, which need ubiquitous VHCN. The current situation also

makes it very difficult for electronic communications operators and other stakeholders

(equipment manufacturers, civil engineering companies, etc.) to achieve economies of scale.

The problems encountered in accelerating high-speed broadband deployment or future VHCN

deployments are common to most, if not all, Member States. Reducing costs and streamlining

administrative procedures are also common measures that are essential to address these

problems. This proposal does not affect the procedural autonomy of Member States to

allocate competences internally.

• Proportionality

The proposal complies with the principle of proportionality and is a focused policy action

with an intensity proportionate to its objectives of promoting VHCN in line with the Code and

of achieving the Digital Decade’s 2030 target of coverage with next-generation wireless high-

speed networks with performance at least equivalent to that of 5G and gigabit networks19. The

proposal’s main benefit is that it will provide for more efficient planning and investment

deployment processes (and thus very substantial economies of scale) for public electronic

communications network operators. Moreover, the economies of scale and associated savings

will go beyond the electronic communications sector and spread to other industries (e.g.

equipment manufacturers, construction companies).

These benefits are possible with a minimum of administrative burden. Obligations are limited

to certain parts of the network infrastructure where significant cost savings can be expected

(e.g. cables are excluded from the definition of physical infrastructure and therefore from the

access and transparency obligations set out in this proposal)20. The proposed rules also

introduce proportionate adjustments (e.g. the option to refuse access requests subject to

specific conditions). Moreover, the proposal provides for exceptions where some obligations

do not apply in certain circumstances (e.g. access to certain categories of buildings owned or

controlled by public sector bodies for reasons of architectural, historical, religious or natural

value, or providing information about those buildings). These exceptions contribute to

19 Article 4(2)(a) of the Digital Decade Policy Programme: ‘all end users at a fixed location are covered

by a gigabit network up to the network termination point, and all populated areas are covered by next-

generation wireless high-speed networks with performance at least equivalent to that of 5G, in

accordance with the principle of technological neutrality’. 20 The importance of physical infrastructure (often referred to as civil engineering) for network

deployment also emerges in the European Electronic Communications Code, where Article 73 provides

that imposing obligations of access to civil engineering under Article 72 (access to civil engineering)

alone might be considered by the national regulatory authority as a proportionate means to promote

competition and the end user’s interest.

EN 5 EN

ensuring the proportionality of the proposal and give the appropriate flexibility needed to take

national circumstances into account. Furthermore, the proposed measures for digitalising the

relevant administrative procedures lets Member States reuse and expand existing digital

services and platforms at local, regional or national level that serve the same purpose and

comply with this Regulation.

• Choice of the instrument

The instrument proposed is a regulation. This is based on the experience gained with

transposing and implementing the BCRD and its proven limitations to tackle the persistent

identified problems which resulted not only from its minimum harmonisation approach but

also from the low level of harmonisation pursued (e.g. many provisions remained optional and

others, like those on transparency only harmonised a minimum number of elements) as well

as from the slow and ineffective transposition.

A regulation is the best solution to speed up the network deployment needed to make Europe

fit for the digital age. It will have the greatest impact in advancing gigabit network

deployment because it is directly applicable to all Member States. In the rapidly evolving

digital economy, it is vital to swiftly implement measures that reduce the burden on

businesses and public authorities. Conversely, a directive would take time for Member States

to transpose into national law, which would delay the entry into application of the proposed

rules and jeopardise achieving the 2030 objectives. Unlike a directive, a regulation has direct

effect, which is important for rules that mostly apply in commercial relations between

electronic communications network providers and network operators.

The Commission therefore is putting forward a proposal for a regulation, the Gigabit

Infrastructure Act, to prevent further divergences that hamper providing the relevant services

in the internal market and guarantee the same rights and obligations for businesses. This is

necessary to provide legal certainty and transparency for all economic actors involved.

The proposal repeals the BCRD, which – due to shortcomings mentioned above - led to a very

fragmented and minimal implementation. A regulation, covering all areas of substance with

more straightforward rules and a higher level of harmonisation overall, should overcome

those shortcomings while remaining proportionate and still leave some flexibility to Member

States on specific provisions to reflect specific national circumstances.

3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER

CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex post evaluations/fitness checks of existing legislation

The BCRD evaluation report accompanying this proposal shows that the Directive was only

partially effective and efficient in delivering on its general and specific objectives, which

nevertheless are still relevant. Implementation to date broadly shows good performance on the

other three analysed criteria: relevance, coherence and EU added value.

Overall, the BCRD has helped the deployment of high-speed broadband (nearly 100 000 km

of duct and aerial infrastructure has been reused). Where effectively applied, the BCRD can

accelerate deployment of high-speed broadband projects by several months, save between 10-

30% in deployment costs and increase network coverage proportionally.

Most progress has been made on the access to existing physical infrastructure and the related

transparency measures, while there has been less progress on granting permits, coordination

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of civil works and access to in-building infrastructure. Moreover, the outcome is patchy

across the EU and, even in areas of action with more effectiveness21, it does not fully satisfy

the need for faster and a more efficient roll-out of electronic communications networks, which

have an impact on the functioning of the internal market.

Current BCRD provisions need to be strengthened so they are better aligned with current and

future connectivity needs and EU priorities and fully reflect market and technological

developments. The continued presence of barriers to rolling out electronic communications

networks, the lack of uniform and digitalised administrative procedures and the insufficiently

effective single information points (SIPs) still hinder the potential benefits of cost reduction

measures that could foster a more cost-efficient and faster deployment of networks across the

EU. High deployment costs for VHCN, including fibre to the home and mid-band 5G,

undermine deployment incentives and the viability of new deployments. Deploying networks

across the EU has been slowed considerably by the lack of coordination between the different

authorities responsible for granting permits, the variety of permits needed for network

deployment, the lack of electronic procedures for permit applications, and the overall non-

respect of deadlines to grant deployment permits, including those for rights of way.

• Stakeholder consultations

Baseline sources of information to prepare this proposal were a literature review, information

on the implementation of current policies, analyses of previous monitoring and evaluation

activities and reports, input from stakeholders, and dedicated support studies.

In addition, stakeholders were consulted through:

– a call for feedback for the roadmap/inception impact assessment (19 June 2020 to

17 July 2020);

– a public consultation (2 December 2020 to 2 March 2021) based on a broad

questionnaire covering both backward- and forward-looking aspects;

– thematic online stakeholder participatory workshops held in January and February

2021;

– the opinion of the Body of European Regulators for Electronic Communications

(BEREC22) on the revision of the Broadband Cost Reduction Directive, covering

both backward- and forward-looking aspects;

– bilateral meetings, including with market stakeholders and their associations as well

as local and regional authorities;

– dedicated workshops, organised by consultants preparing the support study, in June

2021 and January 2022 and ad hoc surveys/consultations.

Overall, stakeholders stress that high-quality connectivity played a vital role during the

pandemic and the economic recovery.

21 For example, the evaluation report (Evaluation SWD) shows the biggest progress relates to access to

existing physical infrastructure and the related transparency measures. Some Member States also went

beyond the provisions of the directive and extended the minimum information on existing physical

infrastructure. 22 BEREC (Body of European Regulators for Electronic Communications) is composed of the Heads or

nominated high-level representatives of the National Regulatory Authorities of the EU Member States.

BEREC was established by Regulation (EU) 2018/1971 of the European Parliament and of the Council.

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A large group of operators and most business associations point out the need for further

harmonisation and regulation at EU level, especially on administrative procedures such as

permit-granting, to overcome market fragmentation. However, a smaller number of operators

indicate the need for giving Member States leeway in how they implement and enforce EU

legislation. Public authorities, including BEREC, favour measures at EU level. They call for

harmonisation to do just what is necessary to achieve the objectives and indicate some areas

where national measures would be more suitable (e.g. guidance on access conditions). Some

public authorities expressed certain reservations on the additional burden and costs related to

the transparency and digitalisation measures.

Most respondents to stakeholder consultations consider that the BCRD created a good

framework for making the deployment of electronic communications networks more efficient,

and the measures covered under the Directive are perceived as relevant. However, there are

diverse views among stakeholders on how effective the BCRD has been in achieving its

general objective to reduce the cost and increase the speed of network deployment.

Stakeholders stress the relevance of the availability of suitable physical infrastructure,

including the non-network elements owned or controlled by public authorities, for deploying

networks efficiently, in particular for 5G networks. Stakeholders also call for guidance on fair

and reasonable terms and conditions as well as on the criteria for refusing access requests.

This would help prevent undue refusals on the grounds of the availability of other viable

means of access.

Most stakeholders agree that coordination of civil works have the potential to reduce

deployment costs. Though BEREC considered it beneficial to extend the obligation to

coordinate to all (publicly and privately financed) network deployment projects, many

stakeholders argued against such an extension.

The majority of stakeholders consider that the availability of regularly updated minimum

information on existing physical information or planned civil works, including georeferenced

locations and routes, via SIPs is relevant to network deployment. Public authorities, including

local authorities, call for flexibility in reusing and improving well-established digital tools

already in place in various Member States, some of them also serving other sectors.

Most stakeholders, including network operators, agree that simplified permit-granting

procedures, including the electronic submission of permit applications, would help network

deployment.

Stakeholders also call for strengthening the current rules on in-building infrastructure,

including raising the ambition from high-speed to VHCN/fibre and proposing an obligation

for building owners to deploy and give access to in-building fibre wiring.

• Collection and use of expertise

The Commission relied on a dedicated support study prepared by ICF SA, Wavestone SA and

Center for European Policy Study with support from WIK Consult GMBH and EcoAct23. This

study assessed the effects of measures adopted under the BCRD and took into account, where

relevant, the effects of national measures taken to reduce the cost of high-speed broadband

deployment. The study also supported the preparation of an impact assessment on the possible

policy options to accompany this initiative. Moreover, the national roadmaps and

23 Study in support for the evaluation of current measures at European and national level to reduce the cost

of deployment of electronic communications networks and for the preparation of an impact assessment to

accompany an EU initiative to review Directive 2014/61/EU.

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implementation reports submitted by Member States as part of the Connectivity Toolbox24,

which included a set of 39 best practices aiming to improve network deployment and prompt

access to 5G spectrum, provided valuable information on the most appropriate measures and

their take-up. Finally, the Commission relied on other sources of information identified

through a literature review, including several studies25 and reports26.

• Impact assessment

The executive summary of the impact assessment and the positive opinion of the Regulatory

Scrutiny Board can be found on the Commission’s website27. The following policy options

were considered in the impact assessment.

Option 0: Baseline

The ‘no-change of the BCRD’ option means there are no additional measures beyond the

existing ones. The current BCRD and related regulatory and non-regulatory instruments

continue to be implemented as now. This approach could be complemented by sharing good

practices, stimulated by exchange initiatives (e.g. Connectivity Toolbox). It is assumed that,

under the no-change option, network deployment would continue, but the observed

fragmentation would persist; network deployment would not be as effective and efficient as it

could be, and the 2030 connectivity targets would be at risk.

Option 1: Update, clarify and align (minimal approach)

This option proposes aligning the BCRD with the Code (VHCN scope instead of high-speed

networks), making some currently voluntary measures mandatory (transparency, granting

permits) and clarifying certain provisions to align Member States’ different interpretations

(such as permits, publicly financed projects subject to civil works coordination, and the fact

that assets subject to SMP or State aid obligations are excluded from parallel BCRD access

obligations). This option is based on the consideration that a slightly revised directive,

coupled with the implementation of the Connectivity Toolbox best practices and the rest of

the electronic communications regulatory framework, would improve its implementation. In

particular, this improvement would be achieved by partly addressing the problems of the lack

of or incomplete information about existing physical infrastructure and delays in and high

costs of permit-granting procedures.

Other measures to remove more barriers, leading to a faster and more efficient deployment of

electronic communications networks as identified in the evaluation report and public

consultation, would not be carried out.

Option 2: Extend and strengthen measures compared to BCRD, exclude VHCN from

obligations

24 Common Union Toolbox for Connectivity 25 Such as the Study on implementation and monitoring of measures under the BCRD (SMART

2015/0066); White paper on EU broadband Plan challenges and opportunities, Analysis Mason 2019. 26 Such as the 2020 Summary Report of Best Practices - Outcome of phase 1 of the work of the Special

Group for developing a common Union Toolbox for connectivity; 2018 European Commission report

on the implementation of the Broadband Cost Reduction Directive; BEREC report on the

Implementation of the Broadband Cost Reduction Directive; BEREC report on pricing for access to

infrastructure and civil works according to the BCRD. 27 The impact assessment and the Regulatory Scrutiny Board opinion are published in the EUR-Lex

website.

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This option includes what is proposed in Option 1 but in the form of a regulation. In addition,

it extends the scope of access obligations to include publicly controlled/owned (non-network)

physical infrastructure (unless where it would be disproportionate) and strengthens

obligations on granting permits (e.g. interim deadlines, national permit exemptions, and

parallel processing of permits and rights of way). Unlike options 3 and 4, this option exempts

VHCN from access and civil works coordination obligations to address investment incentive

problems (e.g. unviable network replication).

Option 3 (preferred option): Extend and strengthen measures compared to BCRD with partial

harmonisation

Option 3 would largely maintain the measures included in Option 2 and also be in the form of

a regulation (including extending the scope of the obligation to grant access to non-network

publicly owned assets and permit measures). However, instead of providing for an exemption

for VHCN infrastructure, it would set out clearer rules on key aspects of access to physical

infrastructure and civil works coordination (such as ‘fair and reasonable’ access conditions,

alternative means of access and cost apportionment for coordinated civil works). It would

address the problem of unviable network replication by better specifying the grounds for

refusing access to physical infrastructure or when requests for coordination of civil works

could be considered unreasonable, limiting them to more specific circumstances compared to

Option 2. Such rules would be accompanied by guidance at EU level to ensure a consistent

application and a harmonised approach to similar problems. This option would also set out

that rules and processes on granting permits should be consistent at national level, supported

by a ‘one-stop shop’ through a single national digital entry point, establish that permits should

be tacitly approved where possible, and limit permit fees to administrative costs. Deployments

subject to exemptions from permits would be specified at EU level, and consistency of permit

processes would be ensured at national level. This more harmonised approach would address

the problems of high complexity, time frames and costs to obtain permits.

To improve transparency and access to information, Option 3 would expand information

requirements on existing physical infrastructure, unless where it would be disproportionate,

and on planned civil works (proactive notification of all planned civil works). Both sets of

information would have to be available in digital format on platforms and be interconnected if

possible. Finally, to address the lack of and access to suitable in-building infrastructure, this

option would mandate fibre-ready in-building infrastructure and fibre in-building in every

new (or majorly renovated) household. This option would also provide for the standardisation

of in-building physical infrastructure at national level and guidance on access to in-building

infrastructure at EU level.

Option 4: Extend and strengthen, fully applying to private assets, and full harmonisation

Option 4 would introduce maximum harmonisation at EU level. The regulation would include

all the measures in Option 3. In addition, it would extend access and transparency obligations

to private non-network operators’ assets (e.g. commercial buildings) and obligations of civil

works coordination to projects that are not publicly funded. This option would mandate

setting up a single digital platform for existing physical infrastructure, planned civil works

and, optionally, permit-granting procedures. Finally, this option would mandate the

standardisation of in-building physical infrastructure at EU level (compared to standardisation

at national level in Option 3).

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Considering all the assessment criteria, Option 3 is likely to better fulfil the policy objectives.

It also provides the most EU added value, while ensuring Member States have a role in

identifying the specific cases in which obligations may not apply to them (e.g. because they

would fall within categories set out in the regulation where obligations may not apply for

several reasons or because they would end up being disproportionate). Option 3 therefore

appears to best balance short-term implementation costs with medium-term benefits and limit

unnecessary regulatory burdens.

• Regulatory fitness and simplification

The measures proposed support REFIT and meet the objectives of simplification and the

reduction of administrative burden. Several of the proposed changes aim to make rules and

procedures clearer, more streamlined and simpler, help parties easily understand their rights

and obligations, and promote synergies (for example, on the coordination proposed for

renovating buildings to improve energy performance). The proposal also provides for

guidance at EU level (access to physical infrastructure, including in-building physical

infrastructure, and some criteria for access and civil works coordination rules). This guidance

should facilitate the consistent implementation of the rules as well as the resolution of

potential disputes.

The proposal involves certain short-term overall costs mainly for administrations. These are

linked to setting up consistent permit-granting procedures and digital entry points/platforms

for processing permits and providing and giving access to information. However, once these

are set up, the regulation is expected to lead to annual administrative cost savings for

electronic communications network operators (estimated at approximately EUR 40 million a

year). These savings will come from better access to network and public non-network

physical infrastructure (approximately EUR 24 million a year), and processing permit

applications (approximately EUR 15 million a year). There will also be savings for public

authorities, including municipalities (no estimates). These benefits can possibly be extended

to other sectors (beyond electronic communications) if permit platforms are implemented and

used by these sectors, as is the case already in several Member States. Moreover, construction

companies would benefit from standards on in-building infrastructure and wiring, which

should guarantee a more efficient installation of ‘fibre to the home’ in new and majorly

renovated buildings (no estimate)28.

• Fundamental rights

The proposal takes full account of the rights and principles recognised in the Charter of

Fundamental Rights of the European Union. In particular, the proposed measures are

consistent with Article 16 (freedom to conduct a business), Article 17 (right to property), and

Article 37 (environmental protection).

4. BUDGETARY IMPLICATIONS

The proposed Regulation has no implications for the budget of the Union.

28 Annex 1 of the support study prepared by ICF SA, Wavestone SA and CEPS with support from WIK

Consult GMBH and EcoAct (see footnote 22), in particular sections 1.3, 2.3 and 4.3

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5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

Monitoring of the implementation will be based on a report on the implementation of the

regulation to be submitted to the European Parliament and the Council 5 years after the date

of entry into force. This report will include a summary of the impact of the measures and an

assessment of progress towards achieving its objectives, including whether and how the

Regulation could further contribute towards achieving the connectivity targets set out in the

Digital Decade Policy Programme 2030. To this end, the Commission may request

information from Member States based on relevant indicators and a periodic data collection

mechanism, which will be drawn up by the Communications Committee as established by

Directive (EU) 2018/1972.

• Detailed explanation of the specific provisions of the proposal

Article 1 – Subject matter and scope

Article 1 updates the scope of the 2014 Directive on the deployment of electronic

communications networks, i.e. from high-speed to VHCN to match the new ambitions of the

Code and Digital Decade connectivity objectives.

Article 2 – Definitions

This Article contains definitions in addition to those specified in the Code, including VHCN.

It extends the concept of ‘physical infrastructure’ to include public non-network assets and

introduces a new definition of ‘in-building fibre wiring’ along with a change from ‘high-

speed-ready’ to ‘fibre-ready’ in-building physical infrastructure. In addition, taking into

account the fast development of providers of wireless physical infrastructure such as ‘tower

companies’, and their increasingly significant role as providers of access to physical

infrastructure suitable to install elements of wireless electronic communications networks,

such as 5G, the definition of ‘network operator’ is extended beyond undertakings providing or

authorised to provide electronic communications networks and operators of other types of

networks, such as transport, gas or electricity, to include undertakings providing associated

facilities, which thus become subject to all the obligations and benefits set out in the

Regulation, except the provisions regarding in-building physical infrastructure and access. It

also amends the definition of ‘permit’ to reflect the multiple decision-layers that sometimes

exist for granting permits and clarifies that civil works refer to ‘deployment of elements of

VHCN’ for easier reference throughout the text.

Article 3 – Access to existing physical infrastructure

Article 3 extends the access obligation to physical infrastructure that is not part of a network

but is owned or controlled by public sector bodies. It also provides for exceptions for certain

categories of buildings (e.g. for reasons of public security, safety and health) and introduces

the possibility for Members States to set up a body to coordinate access relating to public

assets.

It clarifies the reasons for refusing access and avoids duplication of access obligations when

these are already imposed under the Code/State aid rules on the same assets.

It provides for the possibility for the Commission to issue guidance on the application of

access provisions.

This Article also builds on the precedent set out in Article 57 of the Code for the installation

of small wireless access points.

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Article 4 – Transparency on physical infrastructure

Article 4 mandates the provision of minimum information on existing physical infrastructure

by network operators and public sector bodies owning or controlling physical infrastructure,

including georeferenced information, via SIPs in electronic format.

Access to this minimum information could be restricted, for example, for security reasons or

certain categories of buildings. Similarly, the obligation to provide minimum information

would not apply when the obligation would be disproportionate based on a cost-benefit

analysis.

Article 5 – Coordination of civil works

Article 5 clarifies that the obligation to coordinate civil works relates to civil works that are

‘fully/partially financed by public means’.

It sets out that requests for coordination of civil works should be filed at least 2 months before

the submission of the final project and specifies when a request to coordinate civil works can

be considered unreasonable.

It provides for the possibility for the Commission to issue guidance on the application of civil

works coordination provisions.

Article 6 – Transparency on planned civil works

Article 6 provides for the right of access to minimum information for all (public and private)

planned civil works carried out by network operators via SIPs in electronic format, including

georeferenced information.

Such access could be limited, for example, for network security, national security or business

secrets. The transparency obligation would not apply in certain circumstances, e.g. in an

emergency or for national security reasons.

It provides for the earlier and proactive provision of minimum information on planned public

civil works by all network operators via SIPs to facilitate the potential coordination of civil

works.

Article 7 – Procedures for granting permits, including rights of way

Article 7 introduces a new principle of nationally consistent rules governing the conditions

and procedures applicable for granting permits, including rights of way. It makes the

submission of applications in electronic format via SIPs mandatory.

It mandates the Commission to specify the categories of deployments that will be exempted

from permits by way of an implementing act.

It strengthens transparency by not considering permit applications for civil works admissible

if the minimum information provided for in Article 6 has not been made available via a SIP.

It introduces several measures aiming to ensure permits, including rights of way, applications

are dealt with within the legal deadlines, e.g. a shorter period to consider the application

complete, tacit approval or compensation for damages caused by non-compliance with the

deadlines.

Finally, it lays down that fees and charges for permits, including rights of way, cannot go

beyond the administrative charges.

Article 8 – In-building physical infrastructure and fibre wiring

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Article 8 mandates in-building physical infrastructure, access points and in-building fibre

wiring for new and majorly renovated buildings. This includes buildings at the end-user’s

location when they are renovated to improve energy efficiency. Exemptions are expanded to

address the possible lack of proportionality for specific locations based on a cost-benefit

analysis.

It introduces the obligation for Member States to adopt relevant national standards/technical

specifications and certification mechanisms. With these certification mechanisms, companies

can demonstrate compliance with those standards/technical specifications and qualify for the

now mandatory ‘fibre-ready label’, which is conditional on the issuance of the building

permit.

Article 9 – Access to in-building physical infrastructure

Article 9 lays down the right for public electronic communications network providers to

terminate their networks up to the access point and access existing in-building physical

infrastructure. It also provides for refusal of access to in-building physical infrastructure

where access to in-building fibre wiring is provided pursuant to obligations imposed under the

Code or made available under fair, reasonable and non-discriminatory terms and conditions,

including price.

It provides for the possibility for the Commission to issue guidance on the application of

provisions for access to in-building infrastructure.

Article 10 Digitalisation

Article 10 provides for a single national digital entry point and access to digital tools,

especially when there is more than one SIP or when information is located elsewhere,

allowing the exercise of rights and compliance with obligations set out in this Regulation.

Article 11 – Dispute settlement

This provision ensures that any party is entitled to refer a dispute to a competent national

dispute settlement body, which must resolve the dispute within shortened time frames

(compared with current provisions of the BCRD) and issue a binding decision.

Article 12 – Competent bodies

Article 12 introduces additional requirements inspired by the Code’s institutional provisions.

These include: (i) the impartiality and independence of public sector bodies that own/control

physical infrastructure; (ii) the structural separation of dispute settlement bodies and SIPs;

(iii) the exercise of powers and resources of the competent authorities; and (iv) making the

tasks of competent bodies more transparent.

It also provides for more detailed requirements on the right to appeal, building on similar

provisions in the Code.

Article 13 – Committee procedure

Article 13 sets the Committee procedure with the Communications Committee established by

Article 118(1) of Directive (EU) 2018/1972.

Articles 14-18 – Final provisions

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Articles 14 and 15 contain final provisions, including on penalties, monitoring and reporting

obligations. The relevant indicators and a data gathering mechanism will be drawn up by the

Communications Committee.

Article 16 includes transitional measures where necessary (continuation of the application of

some current provisions of the BCRD) in view of the enlargement of the scope to VHCN and

the delayed application of some provisions of this Regulation. Articles 17 and 18 include

provisions for repeal of the Directive 2014/61/EU and the regulation’s entry into force and

application.

EN 15 EN

2023/0046 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on measures to reduce the cost of deploying gigabit electronic communications networks

and repealing Directive 2014/61/EU (Gigabit Infrastructure Act)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee29,

Having regard to the opinion of the Committee of the Regions30,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) The digital economy has been changing the internal market profoundly over the last

decade. The Union’s vision is a digital economy that delivers sustainable economic

and social benefits based on excellent and secure connectivity for everybody and

everywhere in Europe. A high-quality digital infrastructure based on very high

capacity networks underpins almost all sectors of a modern and innovative economy.

It is of strategic importance to social and territorial cohesion and overall for the

Union’s competitiveness and digital leadership. Therefore, people as well as the

private and public sectors should have the opportunity to be part of the digital

economy.

(2) The rapid evolution of technologies, the exponential growth in broadband traffic and

the increasing demand for advanced very high-capacity connectivity have further

accelerated during the COVID-19 pandemic. As a result, the targets laid down in the

Digital Agenda in 201031 have mostly been met, but they have also become obsolete.

The share of households having access to 30 Mbps internet speeds has increased from

58.1% in 2013 to 90% in 2022. Availability of only 30 Mbps is no longer future-proof

and not aligned with the new objectives set in Directive (EU) 2018/1972 of the

European Parliament and of the Council32 for ensuring connectivity and widespread

availability of very high capacity networks. Therefore, in the Decision (EU)

29 OJ C,, p. 30 OJ C,, p. 31 Communication from the Commission to the European Parliament, the Council, the European

Economic and Social Committee and the Committee of the Regions, 19.05.2010, COM(2010)245. 32 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018

establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).

EN 16 EN

2022/2481 of the European Parliament and Council33, the EU set updated targets for

2030 that better correspond to the expected connectivity needs of the future where all

European households should be covered by a gigabit network, with all populated areas

covered by 5G.

(3) To achieve those targets, there is a need for policies to speed up and lower the costs of

the deployment of very high-capacity fixed and wireless networks across the Union,

including proper planning, coordination and the reduction of administrative burdens.

(4) Directive 2014/61/EU, which was adopted in response to the need for policies to lower

the costs of broadband deployment, included measures on infrastructure sharing, civil

works coordination and the reduction of administrative burdens. To further facilitate

the roll-out of very high capacity networks, including fibre and 5G, the European

Council, called in its Conclusions on Shaping Europe’s Digital Future of 9 June 2020,

called for a package of additional measures to support current and emerging network

deployment needs, including by reviewing Directive 2014/61/EU.

(5) The roll-out of very high capacity networks (as defined in Directive (EU) 2018/1972)

across the Union requires substantial investment, a significant proportion of which is

the cost of civil engineering works. Sharing physical infrastructure would limit the

need for costly civil engineering works and make advanced broadband roll-out more

effective.

(6) A major part of the costs of deploying very high capacity networks can be attributed to

inefficiencies in the roll-out process related to: (i) the use of existing passive

infrastructure (such as ducts, conduits, manholes, cabinets, poles, masts, antenna

installations, towers and other supporting constructions); (ii) bottlenecks related to the

coordination of civil works; (iii) burdensome administrative procedures to grant

permits; and (iv) bottlenecks in in-building deployment of networks, which lead to

high financial barriers, particularly in rural areas.

(7) Directive 2014/61/EU of the European Parliament and of the Council34, which was

adopted in response to the need to lower the costs of broadband deployment, included

measures on infrastructure sharing, civil works coordination and the reduction of

administrative burdens. To further facilitate the roll-out of very high capacity

networks, including fibre and 5G, the European Council, in its Conclusions on

Shaping Europe’s Digital Future of 9 June 2020, called for a package of additional

measures to support current and emerging network deployment needs, including by

reviewing Directive 2014/61/EU.

(8) The measures set out in Directive 2014/61/EU contributed to less costly deployments

of high-speed electronic communications networks. However, these measures should

be strengthened to further reduce costs and speed up network deployment.

(9) Measures aiming to make using public and private existing infrastructures more

efficient and reduce costs and obstacles in carrying out new civil engineering works

should contribute substantially to ensuring a fast and extensive deployment of very

high capacity networks. These measures should maintain effective competition

33 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022

establishing the Digital Decade Policy Programme 2030 (OJ L 323, 19.12.2022, p. 4). 34 Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to

reduce the cost of deploying high-speed electronic communications networks (OJ L 155, 23.5.2014, p.

1).

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without harming the safety, security and smooth operation of the existing

infrastructure.

(10) Some Member States have adopted measures to reduce the costs of broadband roll-out,

including by going beyond the provisions of Directive 2014/61/EU. However, those

measures are still very different across Member States and have led to different results

across the Union. Scaling up some of those measures across the Union and taking new

reinforced measures could significantly contribute to the better functioning of the

digital single market. Moreover, differences in regulatory requirements and

inconsistent implementation of Union rules sometimes prevent cooperation across

utility companies. The differences may also raise barriers to entry for new

undertakings providing or authorised to provide public electronics communications

networks or associated facilities, as defined in Directive (EU) 2018/1972 (‘operators’).

These differences may also close off new business opportunities, hindering the

development of an internal market for the use and deployment of physical

infrastructures for very high capacity networks. Moreover, the measures notified in the

national roadmaps and implementation reports adopted by Member States under

Commission Recommendation (EU) 2020/130735 neither cover all the areas of

Directive 2014/61/EU nor address all issues in a consistent and complete manner. This

is despite how essential it is to take action across the whole roll-out process and across

sectors to achieve a coherent and significant impact.

(11) This Regulation aims to strengthen and harmonise rights and obligations applicable

across the Union to accelerate the roll-out of very high capacity networks and cross-

sector coordination. Due to the persistent fragmentation of electronic communications

markets in individual national markets, undertakings providing or authorised to

provide electronic communications networks are unable to achieve economies of scale.

This can have a strong downstream effect on cross-border trade and services provision,

since many services can only be provided where an adequately performant network is

in place across the Union. While ensuring an improved level playing field, this

Regulation does not prevent national measures in compliance with Union law that

serve to promote the joint use of existing physical infrastructure or enable a more

efficient deployment of new physical infrastructure by complementing the rights and

obligations laid down in this Regulation. For example, Member States could extend

provisions on civil works coordination also to privately funded projects or require that

more information on physical infrastructure or planned civil works is provided to a

single information point in electronic format, provided that they do not violate Union

law including the provisions of this Regulation.

(12) To ensure legal certainty, including regarding specific regulatory measures imposed

under Directive (EU) 2018/1972, under Title II, Chapters II to IV and Directive

2002/77/EC36, the provisions of these directives should prevail over this Regulation.

(13) It can be significantly more efficient for operators, in particular new entrants, to reuse

existing physical infrastructure, including that of other utilities, to roll out very high

capacity networks or associated facilities. This is the case, in particular, in areas where

no suitable electronic communications network is available or where it may not be

35 Commission Recommendation (EU) 2020/1307 of 18 September 2020 on a common Union toolbox for

reducing the cost of deploying very high capacity networks and ensuring timely and investment-friendly

access to 5G radio spectrum, to foster connectivity in support of economic recovery from the COVID-

19 crisis in the Union (OJ L 305, 21.9.2020, p. 33). 36 Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic

communications networks and services (OJ L 249, 17.9.2002, p. 21).

EN 18 EN

economically feasible to build new physical infrastructure. Moreover, synergies across

sectors may significantly reduce the need for civil works relating to the deployment of

very high capacity networks. This reuse can also reduce the social and environmental

costs linked to these works, such as pollution, noise and traffic congestion. Therefore,

this Regulation should apply not only to operators but also to owners or holders of

rights to use extensive and ubiquitous physical infrastructure suitable to host electronic

communications network elements, such as physical networks for the provision of

electricity, gas, water and sewage and drainage systems, and heating and transport

services. In the case of holders of rights, this does not change any property rights of

third parties.

(14) To improve the deployment of very high capacity networks in the internal market, this

Regulation should lay down rights for undertakings providing public electronic

communications networks or associated facilities (including undertakings of a public

nature) to access physical infrastructure regardless of its location under fair and

reasonable terms consistent with the normal exercise of property rights. The obligation

to give access to the physical infrastructure should be without prejudice to the rights of

the owner of the land or of the building in which the infrastructure is located.

(15) In particular, taking into account the fast development of providers of wireless

physical infrastructure such as ‘tower companies’, and their increasingly significant

role as providers of access to physical infrastructure suitable to install elements of

wireless electronic communications networks, such as 5G, the definition of ‘network

operator’ should be extended beyond undertakings providing or authorised to provide

electronic communications networks and operators of other types of networks, such as

transport, gas or electricity, to include undertakings providing associated facilities,

which thus become subject to all the obligations and benefits set out in the Regulation,

except the provisions regarding in-building physical infrastructure and access.

(16) In view of their low degree of differentiation, the physical facilities of a network can

often host a wide range of electronic communications network elements at the same

time without affecting the main service provided and with minimum adaptation costs.

These elements include those capable of delivering broadband access services at

speeds of at least 100 Mbps in line with the technological neutrality principle.

Therefore, physical infrastructure, that is intended to only host other elements of a

network without becoming an active network element itself, such as dark fibre, can in

principle be used to accommodate electronic communications cables, equipment or

any other element of electronic communications networks, regardless of its current use

or its ownership, security concerns or future business interests of the infrastructure’s

owner. The physical infrastructure of public electronic communications networks can

in principle also be used to accommodate elements of other networks. Therefore, in

appropriate cases, public electronic communications network operators may give

access to their networks so that other networks can be deployed. Without prejudice to

the pursuit of the specific general interest linked to the provision of the main service,

synergies between network operators should at the same time be encouraged to

contribute to achieving the digital targets set out in Decision (EU) 2022/2481.

(17) In the absence of a justified exception, physical infrastructure elements owned or

controlled by public sector bodies, even when they are not part of a network, can also

host electronic communications network elements and should be made accessible to

facilitate installing network elements of very high capacity networks, in particular

wireless networks. Examples of physical infrastructure elements are buildings, entries

to buildings, and any other asset, including street furniture, such as light poles, street

EN 19 EN

signs, traffic lights, billboards, bus and tramway stops and metro stations. It is for

Member States to identify specific buildings owned or controlled by public sector

bodies in their territories where access obligations cannot apply, for example, for

reasons of architectural, historical, religious or natural value.

(18) This Regulation should be without prejudice to any specific safeguard needed to

ensure safety and public health, the security and integrity of the networks, in particular

critical infrastructure, as defined by national law, and to ensure that the main service

provided by the network operator is not affected, in particular in networks used for the

provision of water intended for human consumption. However, general rules in

national legislation prohibiting network operators from negotiating access to physical

infrastructures by undertakings providing or authorised to provide electronic

communications networks or associated facilities could prevent creating a market for

access to physical infrastructure. Such general rules should therefore be abolished. At

the same time, the measures set out in this Regulation should not prevent Member

States from incentivising utility operators to give access to infrastructure by excluding

revenue generated from the access to their physical infrastructure when calculating

end-user tariffs for their main activity or activities, in accordance with applicable

Union law.

(19) In order to ensure legal certainty and avoid disproportionate burdens on network

operators resulting from the simultaneous application of two distinct access regimes to

the same physical infrastructure, physical infrastructure subject to access obligations

imposed by national regulatory authorities pursuant to Directive (EU) 2018/1972 or

access obligations resulting from the application of Union State aid rules should not be

subject to access obligations set out in this Regulation for as long as such access

obligations remain in place. However, this Regulation should be applicable where a

national regulatory authority has imposed an access obligation under Directive (EU)

2018/1972 that limits the use that can be made of the physical infrastructure

concerned. For instance, this could occur when an operator planning to connect base

stations requests access to existing physical infrastructure to which access obligations

are imposed in the market for access to wholesale dedicated capacity37.

(20) To ensure proportionality and preserve investment incentives, a network operator or

public sector body should have the right to refuse access to specific physical

infrastructure for objective and justified reasons. In particular, a physical infrastructure

for which access has been requested could be technically unsuitable due to specific

circumstances, or because of lack of currently available space or future needs for space

that are sufficiently demonstrated, for instance, in publicly available investment plans.

To ensure proportionality and preserve investment incentives, a network operator or

public sector body may refuse access to specific physical infrastructure. To avoid any

potential distortion of competition or any possible abuse of the conditions to refuse

access, any such refusal should be duly justified and based on objective and detailed

reasons. For example such reasons would not be considered objective where an

undertaking providing or authorised to provide electronic communications networks

has deployed physical infrastructure thanks to civil works coordination with a network

operator other than an electronic communications network operator and refuses to

grant access based on an alleged lack of availability of space to host the elements of

37 Commission Recommendation (EU) 2020/2245 of 18 December 2020 on relevant product and service

markets within the electronic communications sector susceptible to ex ante regulation in accordance

with Directive (EU) 2018/1972 of the European Parliament and of the Council establishing the

European Electronic Communications Code, 18.12.2020, C(2020) 8750, OJ L 439, 29.12.2020, p. 23.

EN 20 EN

very high capacity networks which results from decisions made by the undertaking

under its control. In such case, a competition distortion could arise if there is no other

VHCN in the area concerned by the access request. Similarly, in specific

circumstances, sharing the infrastructure could jeopardise safety or public health,

network integrity and security, including that of critical infrastructure, or could

endanger the provision of services that are primarily provided over the same

infrastructure. Moreover, where the network operator already provides a viable

alternative means of wholesale physical access to electronic communications networks

that would meet the needs of the access seeker, such as dark fibre or fibre unbundling,

access to the underlying physical infrastructure could have an adverse economic

impact on its business model, in particular that of wholesale-only operators, and

incentives to invest. It may also risk an inefficient duplication of network elements.

The assessment of the fair and reasonable character of the terms and conditions for

such alternative means of wholesale physical access should take into account, inter

alia, the underlying business model of the undertaking providing or authorised to

provide public electronic communications networks granting access and the need to

avoid any reinforcement of the significant market power, if any, of either party.

(21) To facilitate the reuse of existing physical infrastructure, where operators request

access in a specified area, network operators and public sector bodies that own or

control physical infrastructure should make an offer for the shared use of their

facilities under fair and reasonable terms and conditions, including price, unless access

is refused for objective and justified reasons. Public sector bodies should also be

required to offer access under non-discriminatory terms and conditions. Depending on

the circumstances, several factors could influence the conditions under which such

access is granted. These include: (i) any additional maintenance and adaptation costs;

(ii) any preventive safeguards to be adopted to limit adverse effects on network safety,

security and integrity; (iii) any specific liability arrangements in the event of damages;

(iv) the use of any public subsidy granted for the construction of the infrastructure,

including specific terms and conditions attached to the subsidy or provided under

national law in compliance with Union law; (v) the ability to deliver or provide

infrastructure capacity to meet public service obligations; and (vi) any constraints

stemming from national provisions aiming to protect the environment, public health,

public security or to meet town and country planning objectives.

(22) Investments in physical infrastructure of public electronic communications networks

or associated facilities should directly contribute to the objectives set out in Decision

(EU) 2022/2481 and avoid opportunistic behaviour. Therefore, any obligation of

access to existing physical infrastructure or coordination of civil works should fully

take into account a number of factors such as (i) the economic viability of those

investments based on their risk profile; (ii) any time schedule for the return on

investment; (iii) any impact that the access has on downstream competition and

consequently on prices and return on investment; (iv) any depreciation of the network

assets at the time of the access request; (v) any business case underpinning the

investment, in particular in the physical infrastructure used for providing very high

capacity network services; and (vi) any possibility previously offered to the access

seeker to co-deploy.

(23) Public sector bodies that own or control physical infrastructure may lack sufficient

resources, experience or the necessary technical knowledge to engage in negotiations

with operators on access. To facilitate access to these public sector bodies’ physical

infrastructure, a body could be appointed to coordinate the access requests, provide

EN 21 EN

legal and technical advice for negotiating access terms and conditions, and make

relevant information on such physical infrastructure available via a single information

point. The coordinating body could also support public sector bodies in preparing

model contracts and monitor the outcome and the length of time of the access requests

process. The body could also help if disputes arise on access to physical infrastructure

that public sector bodies own or control.

(24) To ensure consistency of approaches among Member States, the Commission, in close

cooperation with the Body of European Regulators for Electronic Communications

(BEREC), could provide guidance on applying the provisions on access to physical

infrastructure, including but not only on the application of fair and reasonable

conditions. The views of stakeholders and national dispute settlement bodies should be

duly taken into account in the preparation of the guidance.

(25) Operators should have access to minimum information on physical infrastructure and

planned civil works in the area of deployment. This will enable them to effectively

plan deploying very high capacity networks and ensure the most effective use of

existing physical infrastructure, suitable for rolling out such networks, and planned

civil works. Such minimum information is a pre-requisite to assess the potential for

using existing physical infrastructure or coordinating the planned civil works in a

specific area, as well as to reduce damage to any existing physical infrastructures. In

view of the number of stakeholders involved (covering publicly and privately financed

civil works as well as existing or planned physical infrastructure) and to facilitate

access to that information (across sectors and borders), the network operators and

public sector bodies subject to transparency obligations should proactively (rather than

upon request) provide and maintain such minimum information via a single

information point. This will simplify managing requests to access such information

and enable operators to express their interest in accessing physical infrastructure or

coordinating civil works, for which timing is critical. The minimum information on

planned civil works should be provided via a single information point as soon as the

information is available to the network operator concerned and, in any event and

where permits are required, no later than 3 months before the permit application is first

submitted to the competent authorities.

(26) The minimum information should be made available promptly via the single

information point under proportionate, non-discriminatory and transparent terms so

that operators can submit their requests for information. The single information point

should consist of a repository of information in electronic format, where information

can be accessed and requests can be made online using digital tools, such as webpages,

digital applications, and digital platforms. The information made available may be

limited to ensure network security and integrity, in particular that of critical

infrastructure, national security, or to safeguard legitimate operating and business

secrets. The single information point does not have to host the information as long as it

ensures that links are available to other digital tools, such as web portals, digital

platforms or digital applications, where the information is stored. The single

information point may provide additional functionalities, such as access to additional

information or support to the process of requests for access to existing physical

infrastructure or to coordinate civil works.

(27) In addition, if the request is reasonable, in particular if needed to share existing

physical infrastructures or coordinate civil works, operators should be granted the

possibility to make on-site surveys and request information on planned civil works

under transparent, proportionate and non-discriminatory conditions and without

EN 22 EN

prejudice to the safeguards adopted to ensure network security and integrity,

protection of confidentiality, as well as operating and business secrets.

(28) Advanced transparency of planned civil works via single information points should be

incentivised. This can be done by easily redirecting operators to such information

whenever available. Transparency should also be enforced by making permit-granting

applications subject to prior publication of information on planned civil works via a

single information point.

(29) The discretion that Member States retain to allocate the functions of the single

information points to more than one competent body should not affect their ability to

effectively fulfil those functions. Where more than one single information point is set

up in a Member State, a single national digital entry point consisting of a common user

interface should ensure seamless access to all single information points by electronic

means. The single information point should be fully digitised and provide easy access

to the relevant digital tools. This will enable network operators and public sector

bodies exercise their rights and comply with the obligations set out in this Regulation.

This includes fast access to the minimum information on existing physical

infrastructure and planned civil works, electronic administrative procedures for

granting permits and rights of way, and the applicable conditions and procedures. As

part of this minimum information, the single information point should give access to

georeferenced information on the location of existing physical infrastructure and

planned civil works. To facilitate this, Member States should provide automated

digital tools for the submission of the georeferenced information and conversion tools

to the supported data formats. These could be made available to network operators and

public sector bodies responsible for providing this information via the single

information point. Furthermore, where georeferenced location data are available via

other digital tools, such as the INSPIRE Geoportal under Directive 2007/2/EC of the

European Parliament and of the Council38, the single information point could provide

user-friendly access to this information.

(30) To ensure proportionality and security, the requirement to provide information on

existing physical infrastructure via the single information point need not apply for the

same reasons as those justifying a refusal of an access request. In addition, providing

information on existing physical infrastructure via the single information point could,

in very specific cases, be burdensome or disproportionate for network operators and

public sector bodies. This could arise, for example, where the mapping of relevant

assets is not yet available and it would be very costly to map or where access requests

are expected to be very low in certain areas of a Member State or in respect to certain

specific physical infrastructure. Where it appears that providing information is

disproportionate based on a detailed cost-benefit analysis, network operators and

public sector bodies should not be obliged to provide such information. Member States

should conduct such detailed cost-benefit analysis based on a consultation with

stakeholders on demand for access to existing physical infrastructure, and the analysis

should be updated regularly. The consultation process and its outcome should be made

public, and the specific physical infrastructure to be exempted from this obligation

should be notified to the Commission.

38 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an

Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p.

1).

EN 23 EN

(31) To ensure consistency, the competent bodies performing the functions of the single

information point, the national regulatory authorities fulfilling their tasks under

Directive (EU) 2018/1972 or other competent authorities, such as national, regional or

local authorities in charge of cadastre or the implementation of Directive 2007/2/EC

(INSPIRE), as appropriate, should consult and cooperate with each other. The purpose

of such cooperation should be to minimise the efforts in complying with transparency

obligations on network operators and public sector bodies, including the undertakings

designated with significant market power (‘SMP’ operators), to make information

available about their physical infrastructure; Where a different data set on physical

infrastructure of the SMP operator is required such cooperation should result in

establishing useful interlinks and synergies between the SMP-related database and the

single information point and proportionate common practices of data collection and

data provision to deliver results that are easily comparable. Cooperation should also

aim at facilitating access to information on physical infrastructure, in light of national

circumstances. If regulatory obligations are modified or withdrawn, the parties

affected should be able to agree on the best solutions to adapt the collection and

provision of physical infrastructure data to the newly applicable regulatory

requirements.

(32) The transparency obligation for the coordination of civil works need not apply to civil

works for reasons of national security or in an emergency. This could be the case, for

civil works performed if there is a risk of public danger as a result of degradation

processes to civil engineering works and their associated installations, which are

caused by destructive natural or human factors and are needed to ensure their safety or

their demolition. For reasons of transparency, Member States should notify the types

of civil works falling under those circumstances to the Commission and publish them

via a single information point.

(33) To ensure significant savings and minimise inconveniences to the area affected by the

deployment of new electronic communications networks, regulatory constraints

preventing as a general rule the negotiation among network operators of agreements to

coordinate civil works to deploy very high capacity networks should be prohibited. If

civil works are not financed by public means, this Regulation should be without

prejudice to the possibility for network operators to conclude civil works coordination

agreements according to their own investment and business plans and their preferred

timing.

(34) Member States should maximise the results of civil works fully or partially financed

by public means, by exploiting the positive externalities of those works across sectors

and ensuring equal opportunities to share the available and planned physical

infrastructure to deploy very high capacity networks. The main purpose of civil works

financed by public means should not be adversely affected. However, timely and

reasonable requests to coordinate the deployment of elements of very high capacity

networks should be met by the network operator carrying out the civil works

concerned directly or indirectly (for example, through a sub-contractor) under

proportionate, non-discriminatory and transparent terms. For example, the requesting

operator should cover any additional costs, including those caused by delays and keep

changes to the original plans to a minimum Such provisions should not affect the right

of Member States to reserve capacity for electronic communications networks even in

the absence of specific requests. This will enable Member States to meet future

demand for physical infrastructures to maximise the value of civil works or to adopt

EN 24 EN

measures giving similar rights to operators of other types of networks, such as

transport, gas or electricity, to coordinate civil works.

(35) In some cases, in particular for deployments in rural, remote or scarcely populated

areas, the obligation to coordinate civil works might put at risk the financial viability

of such deployments and eventually disincentivize investments carried out under

market terms. Therefore, a request to an undertaking providing or authorised to

provide public electronic communications networks to coordinate civil works might be

considered unreasonable under specific circumstances. This should be the case, in

particular, if the requesting undertaking providing or authorised to provide electronic

communications networks did not state its intention to deploy very high capacity

networks in that area (either as a new deployment, an upgrade or an extension of a

network) and there had been a forecast or invitation to declare an intention to deploy

very high capacity networks in designated areas (pursuant to Article 22 of Directive

(EU) 2018/1972) or a public consultation under Union State aid rules. If more than

one of those forecasts, invitations and/or public consultations have occurred, only the

lack of an expression of interest at the most recent occasion covering the period during

which the request for coordination of civil works is made should be considered. To

ensure the possibility to access the deployed infrastructure in the future, the

undertaking providing or authorised to provide public electronic communications

networks performing the civil works should guarantee that it will deploy physical

infrastructure with sufficient capacity, taking into account the guidance provided by

the Commission. This is without prejudice to the rules and conditions attached to the

assignment of public funds and the application of State aid rules.

(36) To ensure consistency of approaches, the Commission, in close cooperation with the

Body of European Regulators (BEREC), could provide guidance on applying the

provisions on civil work coordination, including but not only on apportioning of costs.

The views of stakeholders and national dispute settlement bodies should be duly taken

into account in the preparation of the guidance.

(37) Effective coordination can help reduce costs and delays as well as deployment

disruption, which can be caused by problems on site. One example where coordination

of civil works can provide clear benefits are cross-sector projects to deploy 5G

corridors along transport paths, such as road, rail and in-land waterways. These

projects can often also require design coordination or co-design based on early

cooperation between the project participants. As part of the co-design, the parties

concerned may agree in advance on physical infrastructure deployment paths and the

technology and equipment to be used, before the coordination of civil works.

Therefore, the request for coordination of civil works should be filed as soon as

possible.

(38) A number of different permits for deploying elements of electronic communications

networks or associated facilities may be necessary in order to protect national and

Union general interests. These can include digging, building, town planning,

environmental and other permits as well as rights of way. The number of permits and

rights of way required for deploying different types of electronic communications

networks or associated facilities and the local character of the deployment could

involve applying different procedures and conditions, which can cause difficulties in

the network deployment. Therefore, to facilitate deployment, all rules on the

conditions and procedures applicable to granting permits and rights of way should be

streamlined and consistent at national level. While preserving the right of each

competent authority to be involved and maintain its decision-making prerogatives in

EN 25 EN

accordance with the subsidiarity principle, all information on the procedures and

general conditions applicable to granting permits for civil works and rights of way

should be available via single information points. This could reduce complexity and

increase efficiency and transparency for all operators and particularly new entrants and

smaller operators not active in that area. Moreover, operators should have the right to

submit their requests for permits and rights of way in electronic format via a single

information point. Those undertakings should also be able to retrieve information in

electronic format about the status of their requests and whether they have been granted

or refused.

(39) Permit-granting procedures should not be barriers to investment or harm the internal

market. Member States should therefore ensure that a decision on whether or not to

grant permits on the deployment of elements of very high capacity networks or

associated facilities is made available within 4 months from the receipt of a complete

permit request. This is without prejudice to other specific deadlines or obligations laid

down for the proper conduct of the procedure, which are applicable to the permit-

granting procedure in accordance with national or Union law. Competent authorities

should not restrict, hinder or make the deployment of very high capacity networks or

associated facilities economically less attractive. Specifically, they should not prevent

procedures for granting permits and rights of way from proceeding in parallel, where

possible, or require operators to obtain one type of authorisation before they can apply

for other types of authorisations. Competent authorities should justify any refusal to

grant permits or rights of way under their competence, based on objective, transparent,

non-discriminatory and proportionate conditions.

(40) To avoid undue delays, competent authorities must determine the completeness of the

permit request within 15 days from its receipt. The permit request should be deemed

complete unless the competent authority invites the applicant to provide any missing

information within that period. For reasons of equal treatment and transparency, the

competent authorities should not consider permit requests for civil works to be

admissible if the minimum information required under this Regulation has not been

made available via a single information point within 3 months before the first permit

request is submitted to the competent authorities. Where, in addition to permits, rights

of way are required for deploying elements of very high capacity networks, competent

authorities should, by way of derogation from Article 43 of Directive (EU) 2018/1972,

grant such rights of way within 4 months from the receipt of the request. Other rights

of way not needed in conjunction with permits for civil works should continue to be

granted within 6 months in accordance with Article 43 of Directive (EU) 2018/1972.

Operators that suffer damage due to the delay of a competent authority to grant

permits or rights of way within the applicable deadlines should have the right to

compensation.

(41) In order to ensure uniform conditions for the implementation of Article 7 of this

Regulation, implementing powers should be conferred on the Commission. Those

powers should be exercised in accordance with Regulation (EU) No 182/2011 of the

European Parliament and of the Council39. The exemptions from the requirement for

permits set out at Union level by way of an implementing act, could be applied to

different categories of infrastructure (such as masts, antennae, poles and underground

cables) under certain specified conditions, for which building permits, digging permits

39 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011

laying down the rules and general principles concerning mechanisms for control by Member States of

the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

EN 26 EN

or other types of permits may be initially required. They could also be applied to

technical upgrades of existing maintenance works or installations, small-scale civil

works, such as trenching, and renewals of permits.

(42) In order to ensure that the procedures for granting such permits and rights of way are

completed within reasonable deadlines, as appears from certain modernising and good

administrative practices at national level, it is necessary to draw up principles for

administrative simplification. This should include inter alia limiting the obligation of

prior authorisation to cases in which it is essential and introducing tacit approval by

the competent authorities after a certain period of time has elapsed. Moreover, the

categories of deployments exempted from permits under Union law should no longer

be subject to permits under national law.

(43) To facilitate the deployment of elements of very high capacity networks, any fee

related to a permit, other than rights of way, should be limited to the administrative

costs related to processing the permit request according to the principles established in

Article 16 of Directive (EU) 2018/1972. In the case of rights of way, the provisions

established in Articles 42 and 43 of Directive (EU) 2018/1972 apply.

(44) Achieving the targets set out in Decision (EU) 2022/2481 requires that, by 2030, all

end users at fixed locations are covered by a gigabit network up to a network

termination point and all populated areas are covered by next-generation wireless

high-speed networks with at least 5G-equivalent performance, in accordance with the

principle of technological neutrality. Providing gigabit networks up to the end user

should be facilitated, in particular through fibre-ready in-building physical

infrastructure. Providing for mini-ducts during the construction of a building has only

a limited incremental cost, while equipping buildings with gigabit infrastructure may

represent a significant part of the cost of deploying a gigabit network. Therefore, all

new buildings or buildings subject to a major renovation should be equipped with

physical infrastructure and in-building fibre wiring, enabling the connection of end

users to gigabit speeds. New multi-dwelling buildings and multi-dwelling buildings

subject to major renovation should also be equipped with an access point, accessible to

one or more undertakings providing or authorised to provide public electronic

communications networks. Moreover, building developers should provide for empty

ducts from every dwelling to the access point, located in or outside the multi-dwelling

building. Major renovations of existing buildings at the end user’s location to enhance

energy performance (pursuant to Directive 2010/31/EU of the European Parliament

and of the Council40) provide an opportunity to also equip those buildings with fibre-

ready in-building physical infrastructure, in-building fibre wiring and, for multi-

dwelling buildings, an access point.

(45) The prospect of equipping a building with fibre-ready in-building physical

infrastructure, an access point or in-building fibre wiring may be considered

disproportionate in terms of costs, namely for new single dwellings or buildings

undergoing major renovation works. This may be based on objective grounds, such as

tailor-made cost estimates, economic reasons linked to the location, or urban heritage

conservation or environmental reasons (for example, for specific categories of

monuments).

(46) Prospective buyers and tenants should be able to identify buildings that are equipped

with fibre-ready in-building physical infrastructure, an access point and in-building

40 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy

performance of buildings (OJ L 153, 18.6.2010, p. 13).

EN 27 EN

fibre wiring and that therefore have considerable cost-saving potential. The fibre

readiness of buildings should also be promoted. Member States should therefore

develop a compulsory ‘fibre-ready’ label for buildings equipped with such

infrastructure, an access point and in-building fibre wiring in accordance with this

Regulation.

(47) Undertakings providing or authorised to provide public electronic communications

networks deploying gigabit networks in a specific area could achieve significant

economies of scale if they could terminate their network to the building’s access point

by using existing physical infrastructure and restoring the affected area. This should be

possible irrespective of whether a subscriber has expressed explicit interest for the

service at that moment in time and provided that the impact on private property is

minimised, Once the network is terminated at the access point, the connection of an

additional customer is possible at a significantly lower cost, in particular by means of

access to a fibre-ready vertical segment inside the building, where it already exists.

That objective is also fulfilled when the building itself is already equipped with a

gigabit network to which access is provided to any public communications network

provider, which has an active subscriber in the building, under transparent,

proportionate and non-discriminatory terms and conditions. That could in particular be

the case in Member States that have taken measures under Article 44 of Directive

(EU) 2018/1972.

(48) In order to contribute to ensuring availability of gigabit networks to end users, new

buildings and majorly renovated buildings should be equipped with fibre-ready in-

building physical infrastructure, in-building fibre wiring and, in the case of multi-

dwelling buildings, an access point. Member States should have a degree of flexibility

to achieve this. This Regulation, therefore, does not seek to harmonise rules on related

costs, including the recovery of costs of equipping buildings with fibre-ready in-

building physical infrastructure, in-building fibre wiring and an access point.

(49) In line with the subsidiarity principle and to take national circumstances into account,

Member States should adopt the standards or technical specifications necessary for the

purpose of equipping newly constructed or majorly renovated buildings with fibre-

ready in-building physical infrastructure and in-building fibre wiring; and new or

majorly renovated multi-dwelling buildings with an access point. Those standards or

technical specifications should set out at least: the building access point specifications;

fibre interface specifications; cable specifications; socket specifications; specifications

for pipes or micro-ducts; technical specifications needed to prevent interference with

electrical cabling, and the minimum bend radius. Member States should make the

issuance of building permits conditional on compliance of the relevant new building or

major renovation works project requiring a building permit with the standards or

technical specifications based on a certified test report. Member States should also set

up certification schemes for the purpose of demonstrating compliance with the

standards or technical specifications as well as for qualifying for the ‘fibre-ready’

label. Moreover, to avoid an increase in red tape related to the certification scheme set

up under this Regulation, Member States should take into account the procedural

requirements applied to certification schemes pursuant to Directive 2010/31/EU and

also consider the possibility to enable the combined launch of both request procedures.

(50) In view of the social benefits stemming from digital inclusion and taking into account

the economics of deploying very high capacity networks, where there is neither

existing passive or active fibre-ready infrastructure serving end users’ premises nor

alternatives to providing very high capacity networks to a subscriber, any public

EN 28 EN

communications network provider should have the right to terminate its network to a

private premise at its own cost, provided that the impact on private property is

minimised, for example, if possible, by reusing the existing physical infrastructure

available in the building or ensuring full restoration of the affected areas.

(51) Requests for access to the in-building physical infrastructure should fall under the

scope of this Regulation, whereas a request for access to fibre wiring is to fall under

the scope of Directive (EU) 2018/1972. Moreover, access to in-building physical

infrastructure could be refused if access to in-building fibre wiring is made available

under fair, reasonable and non-discriminatory terms and conditions, including price.

(52) To ensure consistency of approaches, the Commission, in close cooperation with

BEREC, could provide guidance on the applications of provisions on access to in-

building physical infrastructure, including but not only on the terms and conditions

thereof. The views of stakeholders and national dispute settlement bodies should be

duly taken into account in the preparation of the guidance.

(53) To foster the modernisation and agility of administrative procedures and reduce the

cost of and time spent on the procedures for deploying very high capacity networks,

the services of single information points should be performed fully online. To that end,

single information points should provide easy access to the necessary digital tools,

such as web portals, digital platforms, and digital applications. The tools should give

access in an efficient manner to the minimum information on existing physical

infrastructure and planned civil works and the possibility to request information. Such

digital tools should also give access to the electronic administrative procedures for

granting permits and rights of way and related information on the applicable

conditions and procedures. Where more than one single information point is set up in a

Member State, all single information points should be easily and seamlessly

accessible, by electronic means, via a single national digital entry point. This entry

point should have a common user interface ensuring access to the online single

information points. The single national digital entry point should facilitate interaction

between operators and competent authorities performing the functions of the single

information points.

(54) Member States should be allowed to rely on, and where necessary improve, digital

tools, such as web portals, digital platforms, and digital applications that might already

be available at local, regional or national level to provide the functions of the single

information point provided they comply with the obligations set out in this Regulation.

This includes access through a single national digital entry point and the availability of

all the functionalities set out in this Regulation. To comply with the ‘once-only’ data

minimisation and accuracy principles, Member States should be allowed to integrate

more digital platforms or applications supporting the single information points, as

appropriate. For example, the digital platforms or applications supporting the single

information points on existing physical infrastructure could be interconnected or fully

or partially integrated with the ones for planned civil works and granting permits.

(55) To ensure the effectiveness of the single information points provided for under this

Regulation, Member States should ensure adequate resources as well as readily

available relevant information on a specific geographical area. The information should

be presented with the right level of detail to maximise efficiency in view of the tasks

assigned, including at the local cadastre. In that regard, Member States could consider

the possible synergies and economies of scale with the points of single contact within

the meaning of Article 6 of Directive 2006/123/EC of the European Parliament and of

EN 29 EN

the Council41 and other planned or existing e-government solutions with a view to

building on existing structures and maximising the benefits for users. Similarly, the

Single Digital Gateway provided for in Regulation (EU) 2018/1724 of the European

Parliament and of the Council42 should link to the single information points.

(56) The costs for setting-up the single national digital entry point, the single information

points and the digital tools needed to comply with the provisions of this Regulation

could be fully or partly eligible for financial support under Union funds, such as the

European Regional Development Fund - specific objective: a more competitive and

smarter Europe by promoting innovative and smart economic transformation and

regional ICT43; the Digital Europe Programme44 - specific objective: deployment and

best use of digital capacities and interoperability and the Recovery and Resilience

Facility45 - pillars on digital transformation and on smart, sustainable and inclusive

growth, including economic cohesion, jobs, productivity, competitiveness, research,

development and innovation, and a well-functioning internal market with strong

SMEs, provided they comply with the objectives and eligibility criteria therein.

(57) In the event of a disagreement on technical and commercial terms and conditions

during commercial negotiations on access to physical infrastructure or coordination of

civil works, each party should be able to call on a national dispute settlement body to

impose a solution on the parties to avoid unjustified refusals to meet the request or the

imposition of unreasonable conditions. When determining prices for granting access to

or cost-sharing for coordinated civil works, the dispute settlement body should ensure

that the access provider and network operators planning civil works have a fair

opportunity to recover their costs incurred in providing access to their physical

infrastructure or coordinating their planned civil works. This should take into account

the appropriate Commission guidance, any specific national conditions, any tariff

structures put in place and any previous imposition of remedies by a national

regulatory authority. The dispute settlement body should also take into account the

impact of the requested access or coordination of planned civil works on the business

plan of the access provider or network operators planning civil works, including their

investments made or planned, in particular investments in the physical infrastructure to

which the request refers.

(58) To avoid delays in network deployments, the national dispute settlement body should

settle the dispute in a timely manner and, in any event, at the latest within 4 months

from receipt of the request to settle the dispute in the case of disputes on access to

existing physical infrastructure and 1 month when it concerns transparency on

physical infrastructure, coordination of planned civil works and transparency on

planned civil works. Exceptional circumstances justifying a delay in the settlement of

41 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on

services in the internal market (OJ L 376, 27.12.2006, p. 36). 42 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018

establishing a single digital gateway to provide access to information, to procedures and to assistance

and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018,

p. 1). 43 Article 3(1)(a) of Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June

2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p.

60) 44 Article 8 of Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021

establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (OJ L 166,

11.5.2021, p. 1) 45 Article 3 of Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February

2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17)

EN 30 EN

a dispute could be beyond the control of the dispute settlement bodies, such as

insufficient information or documentation that is necessary to take a decision,

including the views of other competent authorities that need to be consulted or the

high complexity of the file.

(59) Where disputes arise on access to the physical infrastructure, planned civil works or

information thereof to deploy very high capacity networks, the dispute settlement body

should have the power to resolve such disputes by means of a binding decision. In any

case, decisions of such a body should be without prejudice to the possibility of any

party to refer the case to a court or to conduct a prior or parallel conciliation

mechanism to the formal dispute settlement, which could take the form of mediation

or an additional round of exchanges.

(60) In accordance with the principle of subsidiarity, this Regulation should be without

prejudice to the possibility of Member States to allocate regulatory tasks to the

authorities best suited to fulfil them in accordance with the national constitutional

system of attribution of competences and powers and the requirements set out in this

Regulation. To reduce the administrative burden, Member States should be allowed to

appoint an existing body or maintain the competent bodies already appointed pursuant

to Directive (EU) 2014/61/EU. Information on the tasks allocated to the competent

body or bodies should be published via a single information point and notified to the

Commission, unless already done pursuant to Directive (EU) 2014/61/EU. The

discretion that Member States retain to allocate the functions of the single information

point to more than one competent body should not affect their ability to effectively

fulfil those functions.

(61) The designated national dispute settlement body and the competent body performing

the functions of the single information point should ensure impartiality, independence

and structural separation towards the parties involved, exercise their powers

impartially, transparently and in a timely manner; and have the appropriate

competencies and resources.

(62) Member States should provide for appropriate, effective, proportionate and dissuasive

penalties in the event of non-compliance with this Regulation or with a binding

decision adopted by the competent bodies, including cases where a network operator

or public sector body knowingly or grossly and negligently provides misleading,

erroneous or incomplete information via a single information point.

(63) Since the objectives of this Regulation aiming at facilitating the deployment of

physical infrastructures suitable for very high capacity networks across the Union

cannot be sufficiently achieved by the Member States because of persistent divergent

approaches as well as the slow and ineffective transposition of Directive 2014/61/EU

but can rather, by reason of the scale of the network deployments and investment

required, be better achieved at Union level, the Union may adopt measures, in

accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance

with the principle of proportionality, as set out in that Article, this Regulation does not

go beyond what is necessary in order to achieve those objectives.

(64) This Regulation respects fundamental rights and observes the principles recognised in

the Charter of Fundamental Rights of the European Union, in particular this

Regulation seeks to ensure full respect for the right to private life and the protection of

business secrets, the freedom to conduct business, the right to property and the right to

an effective remedy. This Regulation has to be applied in accordance with those rights

and principles.

EN 31 EN

(65) This Regulation includes provisions covering all the substance areas covered by

Directive 2014/61/EU, which should therefore be repealed.

(66) A period of six months between the entry into force and the application aims to give

sufficient time to Member States to ensure their national legislation does not contain

any obstacles to the uniform and effective application of this Regulation. The period of

6 months is without prejudice to the specific rules in this Regulation on the delayed

application of specific provisions as specified therein. Member States are to withdraw

national provisions overlapping with this Regulation or contradicting it by the time it

starts to apply. As regards adopting new legislation during this period, it follows from

Article 4(3) TEU that Member States have a duty of sincere cooperation not to take

action that would conflict with prospective Union legal rules,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

1. This Regulation aims to facilitate and stimulate the roll-out of very high capacity networks

by promoting the joint use of existing physical infrastructure and by enabling a more efficient

deployment of new physical infrastructure so that such networks can be rolled out faster and

at a lower cost.

2. If any provision of this Regulation conflicts with a provision of Directive (EU) 2018/1972

or Directive 2002/77/EC, the relevant provision of those Directives shall prevail.

3. Member States may maintain or introduce measures in conformity with Union law which

contain more detailed provisions than those set out in this Regulation where they serve to

promote the joint use of existing physical infrastructure or enable a more efficient deployment

of new physical infrastructure.

4. By way of exception to paragraph 3, Member States shall not maintain or introduce in their

national law provisions diverging from those laid down in Article 3(3) and (6), Article 4(4),

Article 5(2) and (4), Article 6(2) and Article 8(7) and (8).

Article 2

Definitions

For the purposes of this Regulation, the definitions in Directive (EU) 2018/1972 apply.

The following definitions also apply:

(1) ‘network operator’ means:

(a) an operator as defined in Article 2, point (29), of Directive (EU) 2018/1972;

(b) an undertaking providing a physical infrastructure intended to provide:

(i) a service of production, transport or distribution of:

- gas;

- electricity, including public lighting;

- heating;

- water, including disposal or treatment of wastewater and sewage, and drainage

systems;

EN 32 EN

(ii) transport services, including railways, roads, ports and airports;

(2) ‘physical infrastructure’ means:

(a) any element of a network that is intended to host other elements of a network without

becoming an active element of the network itself, such as pipes, masts, ducts,

inspection chambers, manholes, cabinets, antenna installations, towers and poles, as

well as buildings or entries to buildings, and any other asset including street

furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway

stops and metro stations;

(b) where they are not part of a network and are owned or controlled by public sector

bodies: buildings or entries to buildings, and any other asset including street

furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway

stops and metro stations.

Cables, including dark fibre, as well as elements of networks used for the provision of water

intended for human consumption as defined in Article 2, point 1, of Council (EU) 2020/2184

of the European Parliament and of the Council46 are not physical infrastructure within the

meaning of this Regulation;

(3) ‘civil works’ means every outcome of building or civil engineering works taken as a

whole that is sufficient in itself to fulfil an economic or technical function and entails one or

more elements of a physical infrastructure;

(4) ‘public sector body’ means a State, regional or local authority, a body governed by public

law or an association formed by one or several such authorities or one or several such bodies

governed by public law;

(5) ‘bodies governed by public law’ means bodies that have all of the following

characteristics:

(a) they are established for the specific purpose of meeting needs in the general interest,

not having an industrial or commercial character;

(b) they have legal personality;

(c) they are financed, in full or for the most part, by state, regional or local authorities or

by other bodies governed by public law; or are subject to management supervision by

those authorities or bodies; or have an administrative, managerial or supervisory

board, more than half of whose members are appointed by state, regional or local

authorities or by other bodies governed by public law;

(6) ‘in-building physical infrastructure’ means physical infrastructure or installations at the

end user’s location, including elements under joint ownership, intended to host wired and/or

wireless access networks, where such access networks are capable of delivering electronic

communications services and connecting the building access point with the network

termination point;

(7) ‘in-building fibre wiring’ means optical fibre cables at the end user’s location, including

elements under joint ownership, intended to deliver electronic communications services and

connecting the building access point with the network termination point;

(8) ‘fibre-ready in-building physical infrastructure’ means in-building physical infrastructure

intended to host optical fibre elements;

46 Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the

quality of water intended for human consumption (OJ L 435, 23.12.2020, p. 1).

EN 33 EN

(9) ‘major renovation works’ means building or civil engineering works at the end user’s

location encompassing structural modifications of the entire in-building physical

infrastructure or a significant part thereof and that require a building permit;

(10) ‘permit’ means an explicit or implicit decision or set of decisions taken simultaneously

or successively by one or several competent authorities that are needed for an undertaking to

carry out building or civil engineering works necessary for the deployment of elements of

very high capacity networks;

(11) ‘access point’ means a physical point, located inside or outside the building, accessible

to one or more undertakings providing or authorised to provide public electronic

communications networks, where connection to the fibre-ready in-building physical

infrastructure is made available.

Article 3

Access to existing physical infrastructure

1. Upon written request of an operator, public sector bodies owning or controlling physical

infrastructure or network operators shall meet all reasonable requests for access to that

physical infrastructure under fair and reasonable terms and conditions, including price, with a

view to deploying elements of very high capacity networks or associated facilities. Public

sector bodies owning or controlling physical infrastructure shall meet all reasonable requests

for access also under non-discriminatory terms and conditions. Such written requests shall

specify the elements of the physical infrastructure for which the access is requested, including

a specific time frame.

2. When determining prices as part of fair and reasonable terms and conditions for granting

access, network operators and public sector bodies owning or controlling physical

infrastructure shall take into account the following:

(a) the need to ensure that the access provider has a fair opportunity to recover the costs

it incurs in order to provide access to its physical infrastructure, taking into account

specific national conditions and any tariff structures put in place to provide a fair

opportunity for cost recovery; in the case of electronic communications networks,

any remedies imposed by a national regulatory authority shall also be taken into

account.

(b) the impact of the requested access on the access provider’s business plan, including

investments in the physical infrastructure to which the access has been requested;

(c) in the specific case of access to physical infrastructure of operators, the economic

viability of those investments based on their risk profile, any time schedule for the

return on investment, any impact of access on downstream competition and

consequently on prices and return on investment, any depreciation of the network

assets at the time of the access request, any business case underpinning the

investment at the time it was made, in particular in the physical infrastructures used

for the provision of connectivity, and any possibility previously offered to the access

seeker to co-invest in the deployment of the physical infrastructure, notably pursuant

to Article 76 of Directive (EU) 2018/1972, or to co-deploy alongside it.

3. Network operators and public sector bodies owning or controlling physical infrastructure

may refuse access to specific physical infrastructure based on one or more of the following

conditions:

EN 34 EN

(a) there is a lack of technical suitability of the physical infrastructure to which access

has been requested to host any of the elements of very high capacity networks

referred to in paragraph 2;

(b) there is a lack of availability of space to host the elements of very high capacity

networks or associated facilities referred to in paragraph 2, including after having

taken into account the future need for space of the access provider that is sufficiently

demonstrated;

(c) the existence of safety and public health concerns;

(d) concerns for the integrity and security of any network, in particular critical national

infrastructure;

(e) the risk of serious interferences of the planned electronic communications services

with the provision of other services over the same physical infrastructure; or

(f) the availability of viable alternative means of wholesale physical access to electronic

communications networks provided by the same network operator and suitable for

the provision of very high capacity networks, provided that such access is offered

under fair and reasonable terms and conditions.

In the event of a refusal to provide access, the network operator or the public sector body

owning or controlling physical infrastructure shall communicate to the access seeker, in

writing, the specific and detailed reasons for such refusal within 1 month from the date of the

receipt of the complete request for access.

4. Member States may establish a body to coordinate access requests to physical infrastructure

owned or controlled by public sector bodies, provide legal and technical advice through the

negotiation of access terms and conditions, and facilitate the provision of information via a

single information point referred to in Article 10.

5. Physical infrastructure which is already subject to access obligations imposed by national

regulatory authorities pursuant to Directive (EU) 2018/1972 or resulting from the application

of Union State aid rules shall not be subject to the obligations set out in paragraphs 2, 3 and 4,

for as long as such access obligations are in place.

6. Public sector bodies owning or controlling buildings or certain categories of buildings may

not apply paragraphs 1, 2 and 3 to those buildings or categories of buildings for reasons of

architectural, historical, religious, or natural value, or for reasons of public security, safety

and health. Member States shall identify such buildings or categories of buildings in their

territories based on duly justified and proportionate reasons. Information on such buildings or

categories of buildings shall be published via a single information point and notified to the

Commission.

7. Operators shall have the right to offer access to their physical infrastructure for the purpose

of deploying networks other than electronic communications networks or associated facilities.

8. This Article shall be without prejudice to the right to property of the owner of the physical

infrastructure where the network operator or the public sector body is not the owner and to the

right to property of any other third party, such as landowners and private property owners.

9. After having consulted stakeholders, the national dispute settlement bodies and other

competent Union bodies or agencies in the relevant sectors as appropriate, the Commission

may, in close cooperation with BEREC, provide guidance on the application of this Article.

EN 35 EN

Article 4

Transparency on physical infrastructure

1. In order to request access to physical infrastructure in accordance with Article 3, any

operator shall have the right to access, upon request, the following minimum information on

existing physical infrastructure in electronic format via a single information point:

(a) georeferenced location and route;

(b) type and current use of the infrastructure;

(c) a contact point.

Such minimum information shall be accessible promptly, under proportionate, non-

discriminatory and transparent terms and, in any event no later than 15 days after the request

for information is submitted.

Any operator requesting access to information pursuant to this Article shall specify the area in

which it envisages deploying elements of very high capacity networks or associated facilities.

Access to the minimum information may be limited only where necessary to ensure the

security of certain buildings owned or controlled by public sector bodies, the security of the

networks and their integrity, national security, public health or safety, or for reasons of

confidentiality or operating and business secrets.

2. Network operators and public sector bodies shall make available the minimum information

referred to in paragraph 1, via the single information point and in electronic format, by

[DATE OF ENTRY INTO FORCE + 12 MONTHS]. Under the same conditions, network

operators and public sector bodies shall make available promptly any update to that

information and any new minimum information referred to in paragraph 1.

3. Network operators and public sector bodies shall meet reasonable requests for on-site

surveys of specific elements of their physical infrastructure upon specific request of an

operator. Such requests shall specify the elements of the physical infrastructure concerned

with a view to deploying elements of very high capacity networks or associated facilities. On-

site surveys of the specified elements of the physical infrastructure shall be granted under

proportionate, non-discriminatory and transparent terms within 1 month from the date of

receipt of the request, subject to the limitations set out in paragraph 1, fourth subparagraph.

4. Paragraphs 1, 2 and 3 need not apply to critical national infrastructure as defined under

national law.

Paragraphs 1, 2 and 3 shall not apply:

(a) in the case of physical infrastructure that is not technically suitable for the

deployment of very high capacity networks or associated facilities’; or

(b) in specific cases where the obligation to provide information about certain

existing physical infrastructure pursuant to paragraph 1, first subparagraph,

would be disproportionate, on the basis of a detailed cost-benefit analysis

conducted by Member States and based on a consultation with stakeholders.

Any such exceptions shall be published via a single information point and notified to the

Commission.

5. Operators that obtain access to information pursuant to this Article shall take appropriate

measures to ensure respect for confidentiality and operating and business secrets.

EN 36 EN

Article 5

Coordination of civil works

1. Any network operator shall have the right to negotiate agreements on the coordination of

civil works, including on the apportioning of costs, with operators with a view to deploying

elements of very high capacity networks or associated facilities.

2. Any network operator when performing or planning to perform directly or indirectly civil

works, which are fully or partially financed by public means, shall meet any reasonable

written request to coordinate those civil works under transparent and non-discriminatory

terms made by operators with a view to deploying elements of very high capacity networks or

associated facilities.

Such requests shall be met provided that the following cumulative conditions are met:

(a) this will not entail any unrecoverable additional costs, including those caused by

additional delays, for the network operator that initially envisaged the civil works in

question, without prejudice to the possibility of agreeing on apportioning the costs

between the parties concerned;

(b) the network operator initially envisaging the civil works remains in control over the

coordination of the works;

(c) the request to coordinate is filed as soon as possible and, when a permit is necessary,

at least 2 months before the submission of the final project to the competent

authorities for granting permits.

3. A request to coordinate civil works made by an undertaking providing or authorised to

provide public electronic communications networks to an undertaking providing or authorised

to provide public electronic communications networks may be deemed unreasonable where

both following conditions are met:

(a) the request concerns an area which has been subject to either of the following:

(i) a forecast of the reach of broadband networks, including very high capacity

networks pursuant to Article 22(1) of Directive (EU) 2018/1972;

(ii) an invitation to declare the intention to deploy very high capacity networks

pursuant to Article 22(3) of Directive (EU) 2018/1972;

(iii) a public consultation in applying Union State aid rules;

(b) the requesting undertaking failed to express its intention to deploy very high capacity

networks in the area referred to in point (a) in any of the most recent procedures

among those listed in that point covering the period during which the request for

coordination is made.

If a request to coordinate is considered unreasonable on the basis of the first paragraph, the

undertaking providing or authorised to provide public electronic communications networks

refusing the coordination of civil works shall deploy physical infrastructure with sufficient

capacity to accommodate possible future reasonable needs for third-party access.

4. Paragraphs 2 and 3 need not apply to civil works that are limited in scope, such as in terms

of value, size or duration, or for critical national infrastructure. Member States shall identify

the type of civil works considered to be limited in scope or related to critical national

infrastructure based on duly justified and proportionate reasons. Information on such types of

civil works shall be published via a single information point and notified to the Commission.

EN 37 EN

5. After having consulted stakeholders, the national dispute settlement bodies and other

competent Union bodies or agencies in the relevant sectors as appropriate, the Commission

may, in close cooperation with BEREC, provide guidance on the application of this Article.

Article 6

Transparency on planned civil works

1. In order to negotiate agreements on coordination of civil works referred to in Article 5, any

network operator shall make available in electronic format via a single information point the

following minimum information:

(a) the georeferenced location and the type of works;

(b) the network elements involved;

(c) the estimated date for starting the works and their duration;

(d) the estimated date for submitting the final project to the competent authorities for

granting permits, where applicable;

(e) a contact point.

The network operator shall make available the information referred to in the first

subparagraph for planned civil works related to its physical infrastructure. This must be done

as soon as the information is available to the network operator and, in any event and where a

permit is envisaged, not later than 3 months prior to the first submission of the request for a

permit to the competent authorities.

Operators shall have the right to access the minimum information referred to in the first

subparagraph in electronic format, upon request, via the single information point. The request

for access to information shall specify the area in which the requesting operator envisages

deploying elements of very high capacity networks or associated facilities. Within 1 week

from the date of the receipt of the request for information, the requested information shall be

made available under proportionate, non-discriminatory and transparent terms. Access to the

minimum information may be limited only to the extent necessary to ensure the security of the

networks and their integrity, national security, public health or safety, confidentiality or

operating and business secrets.

2. Paragraph 1 need not apply to information on civil works limited in scope, such as in terms

of value, size or duration, in the case of critical national infrastructure, or for reasons of

national security or emergency. Member States shall identify, based on duly justified and

proportionate reasons, the civil works that would be considered limited in scope or concern

critical national infrastructure, as well as the emergencies or the reasons of national security

that would justify not being subject to the obligation to provide information. Information on

such civil works excluded from transparency obligations shall be published via a single

information point and notified to the Commission.

Article 7

Procedure for granting permits, including rights of way

1. Competent authorities shall not unduly restrict, hinder or make economically less attractive

the deployment of any element of very high capacity networks or associated facilities.

Member States shall ensure that any rules governing the conditions and procedures applicable

for granting permits, including rights of way, required for the deployment of elements of very

high capacity networks or associated facilities are consistent across the national territory.

EN 38 EN

2. Competent authorities shall make available all information on the conditions and

procedures applicable for granting permits, including rights of way, including any information

on exemptions on some or all permits or rights of way required under national or Union law,

via a single information point in electronic format.

3. Any operator shall have the right to submit, via a single information point in electronic

format, applications for permits or rights of way and to retrieve information about the status

of its application.

4. The competent authorities shall, within 15 working days from its receipt, reject applications

for permits, including for rights of way, for which the minimum information has not been

made available via a single information point, pursuant to Article 6(1) first subparagraph, by

the same operator which applies for that permit.

5. The competent authorities shall grant or refuse permits, other than rights of way, within 4

months from the date of the receipt of a complete permit application.

The completeness of the application for permits or rights of way shall be determined by the

competent authorities within 15 days from the receipt of the application. Unless the competent

authorities invited the applicant to provide any missing information within that period, the

application shall be deemed complete.

The first and second subparagraph shall be without prejudice to other specific deadlines or

obligations laid down for the proper conduct of the procedure that are applicable to the

permit-granting procedure, including appeal proceedings, in accordance with Union law or

national law in compliance with Union law.

By way of exception and based on a justified reason set out by a Member State, the 4 month

deadline referred to in the first subparagraph and in paragraph 6 may be extended by the

competent authority on its own motion. Any extension shall be the shortest possible. Member

States shall set out the reasons justifying such an extension, publish them in advance via

single information points and notify them to the Commission.

Any refusal of a permit or right of way shall be duly justified on the basis of objective,

transparent, non-discriminatory and proportionate criteria.

6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where

rights of way over or under public or private property are required for the deployment of

elements of very high capacity networks or associated facilities in addition to permits,

competent authorities shall grant such rights of way within the 4 month period from the date

of receipt of the application.

7. In the absence of a response from the competent authority within the 4-month deadline

referred to in paragraphs 5 first subparagraph, and unless such deadline is extended pursuant

to paragraph 5 fourth subparagraph, the permit shall be deemed to have been granted. This

shall also apply in the case of rights of way referred to in paragraph 6.

8. The Commission shall, by means of an implementing act, specify categories of deployment

of elements of very high capacity networks or associated facilities that shall not be subject to

any permit-granting procedure within the meaning of this Article. This implementing act shall

be adopted in accordance with the examination procedure referred to in Article 13.

9. Competent authorities shall not subject the deployment of elements referred to in paragraph

8 to any individual town planning permit or other individual prior permits. By way of

derogation, competent authorities may require permits for the deployment of elements of very

high capacity networks or associated facilities on buildings or sites of architectural, historical,

EN 39 EN

religious or natural value protected in accordance with national law or where necessary for

public safety reasons.

10. Permits, other than rights of way, required for the deployment of elements of very high

capacity networks or associated facilities shall not be subject to any fees or charges going

beyond administrative costs as provided for, mutatis mutandis, in Article 16 of Directive (EU)

2018/1972.

11. Any operator that has suffered damage as a result of non-compliance with the deadlines

applicable under paragraphs 5 and 6 shall receive compensation for the damage suffered, in

accordance with national law.

Article 8

In-building physical infrastructure and fibre wiring

1. All buildings at the end user’s location, including elements under joint ownership, newly

constructed or undergoing major renovation works, for which applications for building

permits have been submitted after [ENTRY INTO FORCE + 12 MONTHS], shall be

equipped with a fibre-ready in-building physical infrastructure up to the network termination

points as well as with in-building fibre wiring.

2. All multi-dwelling buildings newly constructed or undergoing major renovation works, for

which applications for building permits have been submitted after [ENTRY INTO FORCE +

12 MONTHS], shall be equipped with an access point.

3. By [ENTRY INTO FORCE + 12 MONTHS], all buildings at the end-users’ location,

including elements thereof under joint ownership, undergoing major renovations as defined in

point 10 of Article 2 of Directive 2010/31/EU shall be equipped with a fibre-ready in-building

physical infrastructure, up to the network termination points, as well as with in-building fibre

wiring. All multi-dwelling buildings undergoing major renovations as defined in point 10 of

Article 2 of Directive 2010/31/EU shall also be equipped with an access point.

4. Member States shall adopt the relevant standards or technical specifications that are

necessary for the implementation of paragraphs 1, 2 and 3 before [ENTRY INTO FORCE + 9

months]. Those standards or technical specifications shall set at least:

(a) the building access point specifications and fibre interface specifications;

(b) cable specifications;

(c) socket specifications;

(d) specifications of pipes or micro-ducts;

(e) technical specifications needed to prevent interference with electrical cabling;

(f) the minimum bend radius.

5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘fibre-

ready’ label.

6. Member States shall set up certification schemes for the purpose of demonstrating

compliance with the standards or technical specifications referred to in paragraph 4 as well as

for qualifying for the ‘fibre-ready’ label provided for in paragraph 5 before [ENTRY INTO

FORCE + 12 months]. Member States shall make the issuance of the building permits

referred to in paragraphs 1 and 2 conditional upon compliance with the standards or technical

specifications referred to in this paragraph on the basis of a certified test report.

EN 40 EN

7. Paragraphs 1, 2 and 3 shall not apply to certain categories of buildings, in particular single-

dwelling buildings, where compliance with those paragraphs is disproportionate, in particular

in terms of costs for individual or joint owners based on objective elements.

8. Paragraphs 1, 2 and 3 need not apply to certain types of buildings, such as specific

categories of monuments, historic buildings, military buildings and buildings used for national

security purposes, as defined by national law. Member States shall identify such categories of

buildings based on duly justified and proportionate reasons. Information on such categories of

buildings shall be published via a single information point and notified to the Commission.

Article 9

Access to in-building physical infrastructure

1. Subject to paragraph 3, first subparagraph, any public electronic communications network

provider shall have the right to roll out its network at its own costs up to the access point.

2. Subject to paragraph 3, any public electronic communications network provider shall have

the right to access any existing in-building physical infrastructure with a view to deploying

elements of very high capacity networks if duplication is technically impossible or

economically inefficient.

3. Any holder of a right to use the access point and the in-building physical infrastructure

shall meet all reasonable requests for access to the access point and the in-building physical

infrastructure from public electronic communications network providers under fair and non-

discriminatory terms and conditions, including price, where appropriate.

Any holder of a right to use the access point or the in-building physical infrastructure may

refuse access where access to in-building fibre wiring is provided pursuant to obligations

imposed under Directive (EU) 2018/1972, under Title II, Chapters II to IV, or made available

under fair, reasonable and non-discriminatory terms and conditions, including price.

4. In the absence of available fibre-ready in-building physical infrastructure, every public

electronic communications network provider shall have the right to terminate its network at

the premises of the subscriber, subject to the agreement of the subscriber, provided that it

minimises the impact on the private property of third parties.

5. This Article shall be without prejudice to the right to property of the owner of the access

point or the in-building physical infrastructure where the holder of a right to use that

infrastructure or access point is not the owner thereof, and to the right to property of other

third parties, such as landowners and building owners.

6. After having consulted stakeholders, the national dispute settlement bodies and other

competent Union bodies or agencies in the relevant sectors as appropriate, the Commission

may, in close cooperation with BEREC, provide guidance on the application of this Article.

Article 10

Digitalisation of single information points

1. Single information points shall make appropriate digital tools available, such as in the form

of web portals, digital platforms or digital applications, to enable the online exercise of all the

rights and the compliance with all the obligations set out in this Regulation.

2. Member States may interconnect or fully or partially integrate several digital tools

supporting the single information points referred to paragraph 1, as appropriate.

EN 41 EN

3. Member States shall set out a single national digital entry point, consisting of a common

user interface ensuring seamless access to the digitalised single information points.

Article 11

Dispute settlement

1. Without prejudice to the possibility to refer the case to a court, any party shall be entitled to

refer to the competent national dispute settlement body established pursuant to Article 12 a

dispute that may arise:

(a) where access to existing infrastructure is refused or agreement on specific

terms and conditions, including price, has not been reached within 1 month

from the date of receipt of the request for access under Article 3;

(b) in connection to the rights and obligations set out in Articles 4 and 6, including

where the information requested is not provided within 15 days after the

request under Article 4 is submitted, and within 1 week after the request under

Article 6 is submitted;

(c) where an agreement on the coordination of civil works pursuant to Article 5(2)

has not been reached within 1 month from the date of receipt of the formal

request to coordinate civil works; or

(d) where an agreement on access to in-building physical infrastructure referred to

in Article 9(2) or (3) has not been reached within 1 month from the date of

receipt of the formal request for access;

2. Taking full account of the principle of proportionality and the principles established in

Commission guidance, the national dispute settlement body referred to in paragraph 1 shall

issue a binding decision to resolve the dispute at the latest:

(a) within four months from the date of the receipt of the dispute settlement

request, with respect to disputes referred to in paragraph 1, point (a);

(b) within one month from the date of the receipt of the dispute settlement request,

with respect to disputes referred to in paragraph 1, points (b), (c) and (d).

Those deadlines may only be extended in exceptional circumstances.

3. As regards disputes referred to in paragraph 1, points (a), (c) and (d) the decision of

national dispute settlement body may consist in setting fair and reasonable terms and

conditions, including price, where appropriate.

Where the dispute relates to access to the infrastructure of an operator and the national dispute

settlement body is the national regulatory authority, the objectives set out in Article 3 of

Directive (EU) 2018/1972 shall be taken into account, where appropriate.

4. The rules laid down in the present Article are in addition to and without prejudice to the

judicial remedies and procedures in compliance with Article 47 of the Charter of Fundamental

Rights of the European Union47.

Article 12

Competent bodies

47 Charter of Fundamental Rights of the European Union (OJ C 326, 26.10.2012, p. 391–407)

EN 42 EN

1. Each of the tasks assigned to the national dispute settlement body shall be undertaken by

one or more competent bodies, which can be an existing body.

2. The national dispute settlement body shall be legally distinct and functionally independent

of any network operator and any public sector body owning or controlling physical

infrastructure involved in the dispute. Member States that retain ownership or control of

network operators shall ensure effective structural separation of the functions related to the

national dispute settlement procedures and those of the single information point from

activities associated with ownership or control.

3. The national dispute settlement body may charge fees to cover the costs of carrying out the

tasks assigned to it.

4. All parties concerned by a dispute shall cooperate fully with the national dispute settlement

body.

5. The functions of a single information point referred to in Articles 3 to 8 and 10 shall be

performed by one or more competent bodies appointed by the Member States at national,

regional or local level, as appropriate. In order to cover the costs of carrying out those

functions, fees may be charged for the use of the single information points.

6. Paragraph 2 shall apply mutatis mutandis to the competent bodies performing the functions

of a single information point.

7. The competent bodies shall exercise their powers impartially, transparently and in a timely

manner. Member States shall ensure that they shall have adequate technical, financial and

human resources to carry out the tasks assigned to them.

8. Member States shall publish the respective tasks to be undertaken by each competent body

via a single information point, in particular where those tasks are assigned to more than one

competent body or where the assigned tasks have changed. Where appropriate, the competent

bodies shall consult and cooperate with each other on matters of common interest.

9. Member States shall notify to the Commission the identity of each competent body in

accordance with this Article for carrying out a function under this Regulation, and their

respective responsibilities, by [DATE OF ENTRY INTO FORCE] and any modification

thereof, before such designation or modification enters into force.

10. Any decision taken by a competent body shall be subject to an appeal, in accordance with

national law, before a fully independent appeal body, including a body of judicial character.

Article 31 of Directive (EU) 2018/1972 shall apply mutatis mutandis to any appeal pursuant

to this paragraph.

The right to appeal in accordance with the first subparagraph shall be without prejudice to the

right of the parties to bring the dispute before the national competent court.

Article 13

Committee procedure

1. The Commission shall be assisted by the Communications Committee established by

Article 118(1) of Directive (EU) 2018/1972. That committee shall be a committee within the

meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall

apply.

EN 43 EN

Article 14

Penalties and compensation

Member States shall lay down rules on penalties, including, where necessary, fines and non-

criminal predetermined or periodic penalties, applicable to infringements of this Regulation

and of any binding decision adopted pursuant to this Regulation by the competent bodies

referred to in Article 12 and shall take all measures necessary to ensure that they are

implemented. The penalties provided for shall be appropriate, effective, proportionate and

dissuasive.

Member States shall lay down rules on adequate financial compensation for persons suffering

damage as a result of the exercise of the rights provided for in this Regulation.

Article 15

Report and monitoring

1. By [DATE OF ENTRY INTO FORCE + 5 YEARS], the Commission shall present a report

to the European Parliament and the Council on the implementation of this Regulation. The

report shall include a summary of the impact of the measures set out in this Regulation and an

assessment of the progress towards achieving its objectives, including whether and how the

Regulation could further contribute to achieving the connectivity targets set out in the

Decision establishing the Digital Decade Policy Programme 2030.

2. To that end, the Commission may request information from Member States that shall be

submitted without undue delay. In particular, by [DATE OF ENTRY INTO FORCE + 12

MONTHS], Member States shall, in close cooperation with the Commission, through the

Communications Committee set up under Article 118 of Directive (EU) 2018/1972, set out

indicators to adequately monitor the application of this Regulation and the mechanism to

ensure a periodic data gathering and reporting to the Commission thereof.

Article 16

Transitional measures

National measures that specify the categories of deployment of elements of very high capacity

networks or associated facilities not being subject to any permit-granting procedure within the

meaning of Article 7, and that were adopted by the Member States pursuant to Directive

2014/61/EU or before its entry into force but in line with it shall continue to apply until the

implementing act provided for in Article 7(8) of this Regulation enters into application.

Article 17

Repeal

1. Directive 2014/61/EU is repealed.

2. References to the repealed Directive shall be construed as references to this Regulation and

read in accordance with the correlation table in the Annex.

Article 18

Entry into force and application

1. This Regulation shall enter into force on the twentieth day following that of its publication

in the Official Journal of the European Union.

EN 44 EN

2. It shall apply from [6 months after its entry into force].

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

EN EN

EUROPEAN COMMISSION

Brussels, 23.2.2023

COM(2023) 94 final

ANNEX

ANNEX

to the Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on measures to reduce the cost of deploying gigabit electronic communications networks

and repealing Directive 2014/61/EU (Gigabit Infrastructure Act)

{SEC(2023) 96 final} - {SWD(2023) 46 final} - {SWD(2023) 47 final}

EN 1 EN

ANNEX

Correlation table

Directive 2014/61/EU This Regulation

Article 1(1) Article 1(1)

Article 1(2) —

Article 1(3) Article 1(3)

Article 1(4) Article 1(2)

Article 2 Article 2

Article 3(1) Article 3(7)

Article 3(2) Article 3(1)

— Article 3(2)

Article 3(3) Article 3(3)

— Article 3(4)

— Article 3(5)

— Article 3(6)

Article 3(4) Article 11(1)(a)

Article 3(5) Article 11(2)

Article 11(3)

Article 3(6) Article 3(8)

— Article 3(9)

— Article 11(4)

Article 4(1) Article 4(1)

Article 4(2) —

Article 4(3) Article 4(1)

Article 4(2)

Article 4(4) —

Article 4(5) Article 4(3)

EN 2 EN

Article 4(6) Article 11(1)(b)

Article 11(2)(b)

Article 4(7) Article 4(4)

Article 4(8) Article 4(5)

Article 5(1) Article 5(1)

Article 5(2) Article 5(2)

— Article 5(3)

Article 5(3) Article 11(1)(c)

Article 5(4) Article 11(2)(b)

Article 11(3)

Article 5(5) Article 5(4)

— Article 5(5)

Article 6(1) Article 6(1)

Article 6(2) —

Article 6(3) Article 6(1)

Article 6(4) Article 11(1)(b), Article 11(2)(b)

Article 6(5) Article 6(2)

— Article 7(1)

Article 7(1) Article 7(2)

Article 7(2) Article 7(3)

— Article 7(4)

Article 7(3) Article 7(5)

-

Article 7(6)

Article 7(7)

Article 7(8)

Article 7(9)

Article 7(4) Article 7(11)

EN 3 EN

Article 8(1) Article 8(1)

Article 8(2) Article 8(2)

Article 8(3) Article 8(5)

Article 8(4) Article 8(7)

Article 8(8)

Article 9(1) Article 9(1)

Article 9(2) Article 9(2)

Article 9(3)

Article 9(3)

Article 11(1)(d)

Article 11(2)

Article 9(4) Article 9(3)

Article 9(5) Article 9(4)

Article 9(6) Article 9(5)

— Article 9(6)

Article 10(1) Article 12(1)

Article 10(2) Article 12(2) and Article 12(3)

Article 10(3) Article 12(4)

Article 10(4) Article 12(5)

— Article 12(6)

— Article 12(7)

Article 10(5) Article 12(8)

Article 10(6) Article 12(9)

— Article 13

Article 11 Article 14

Article 12 Article 15

- Article 16

- Article 17

EN 4 EN

Article 13 —

Article 14 Article 18

Article 15 Article 18