REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation of the open internet access provisions of Regulation (EU) 2015/2120
1. The report is a routine assessment of the implementation of the EU open internet access provisions in Articles 3- 6 Regulation (EU) 2015/2120. These Articles enshrine the principle of an open internet (sometimes referred to as ‘net neutrality’). Broadly, this holds that providers of internet access services shall treat all internet traffic without discrimination, restriction or interference (such as through blocking, throttling or prioritisation), irresepective of who is using the service, the device they are using, or the content they are trying to access.
2. The Commission is obliged to review and consider amendments to these Articles every four years. In this instance, the Commission has concluded that the objectives of the Articles remain relevant, and has not proposed any amendments to the EU Regulation.
3. Article 3 of the EU Regulation requires that providers of internet access services to the public treat all internet traffic equally, except in certain defined circumstances (e.g.reasonable temporary traffic management measures to mitigate network congestion, or where necessary to comply with EU or national law). Article 4 sets out stipulations related to transparency about levels of service in contracts with end-users. Article 5 requires that National Regulatory Authorities closely monitor and ensure compliance with Articles 3 and 4. Article 6 requires Member States to set out effective, proportionate and dissuasive penalties for breach of the Regulation.