EU (Gigabit Infrastructure Act) - Main contents

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dossier	COM(2023)94 - Measures to reduce the cost of deploying gigabit electronic communications networks and repealing Directive 2014/61/EU ...
document	COM(2023)94
date	February 23, 2023

agreement was reached on 17 November 2022.
(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 ).
(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.
(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.
(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.

(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 .
(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

(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).
(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).
(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 ).
(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.
(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).
(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).
(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).
(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)
(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).
(47) Charter of Fundamental Rights of the European Union (OJ C 326, 26.10.2012, p. 391–407)