### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy . ### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collective management organisations , in an increasingly cross - border context . in order to allow the aggregation of a multiplicity of repertoires and to be able to grant multi - repertoire and multi - territorial licences , collective management organisations should have the possibility to conclude representation agreements with other collective management organisations for the coordination and efficiency of such licenses under equal and non - discriminatory terms . it is appropriate to provide for a set of rules coordinating basic conditions for the provision by collective management organisations of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collective management organisations , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collective management organisation to request another collective management organisation to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested organisation , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting organisation . the development of legal online music services across the union should also contribute to the fight against piracy .


### collecting societies are expected to act in the best interests of their members . it is therefore important to provide for systems which enable members of collecting societies to exercise their membership rights by participating in the societies ' decision - making process . the representation of the different categories of members in the decision - making process should be fair and balanced . the effectiveness of the rules on the general meeting of members of collecting societies may be undermined if there were no provisions on how the general meeting should be run . thus , it is necessary to ensure that the general meeting is convened regularly , and at least annually , and that the most important decisions in the collecting society are taken by the general meeting . ### collective management organisations should act in the best collective interests of the rightholders they represent . it is therefore important to provide for systems which enable members of collecting societies to exercise their membership rights by participating in the societies ' decision - making process . the representation in the decision - making process of the different categories of members , such as producers or performers , should be fair and balanced . the effectiveness of the rules on the general assembly of members of collective management organisations would be undermined if there were no provisions on how the general assembly should be run . thus , it is necessary to ensure that the general assembly is convened regularly , and at least annually , and that the most important decisions in the collective management organisation are taken by the general assembly .


### commission proposal 2 . upon reception of the certificate pursuant to article 5 provided by the protected person , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 , bring to the notice of the person causing the risk and to the protected person : ### upon reception of the certificate pursuant to article 5 , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 of the european parliament and of the council of 13 november 2007 on the service in the member states of judicial and extrajudicial documents in civil or commercial matters 1 , bring to the notice of the person causing the risk and to the protected person : _________________________ 1 oj l 324 , 10 . 12 . 2007 , p . 79 .


### commission proposal ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . the following are notably protection measures : an obligation not to enter certain localities , places or defined areas where the protected person resides , works or that he visits ; or an obligation not to enter into contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or an obligation not to approach the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . protection measures may include one or more of the following obligations or prohibitions : a prohibition forbidding entry into any localities , places or defined areas where the protected person resides , works or that he visits ; or a prohibition or regulation of contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or a prohibition or regulation on approaching the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person ; any other obligations or prohibitions imposed in order to guarantee the protection of the protected person .


### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . the following are notably protection measures : an obligation not to enter certain localities , places or defined areas where the protected person resides , works or that he visits ; or an obligation not to enter into contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or an obligation not to approach the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting an individual person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . protection measures may include one or more of the following obligations or prohibitions : a prohibition from entering and / or remaining in certain localities , places or defined areas where the protected person resides , works or that he visits ; or a prohibition or regulation of contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or a prohibition or regulation on approaching the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person ; or any other prohibitions or regulations imposed in order to guarantee the protection of the protected person .


### member states shall , by 1 january 2013 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where exceptional national or local circumstances would prevent the availability of the band , the commission may authorise specific derogations until 2015 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the spectrum below 1ghz and assess whether additional spectrum could be freed and made available for new applications . ### member states shall , by 17 june 2015 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where the digital switchover process is already well advanced or completed and where the migration of incumbent services can be managed on time , the commission recommends to make the band available by 1 january 2013 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the uhf band and assess whether additional spectrum could be freed and made available for new applications .


### encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies ; ### encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies ; this shall be based on compliance with the principles of flexibility , effective use of frequencies in line with needs , and ensuring level - playing - field and non - discriminatory competition ;


### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition . ### member states shall ensure that authorisation and selection procedures promote effective competition and avoid unjustified delays .


### for the purposes of this chapter , ‘ regional trade’ shall be understood as trade , for each french overseas department , with the azores and madeira and the canary islands , with third countries established by the commission by means of an implementing act . ### for the purposes of this chapter , ‘ regional trade’ shall be understood as trade , for each french overseas department , the azores and madeira and the canary islands , with third countries belonging to the same geographical area as those outermost regions , and with countries with which there are historical trade links . the list of these countries shall be established by the commission by means of an implementing act , taking into account objective requests made by the member states following consultation with the sectors concerned . this list could be revised every two years at the request of the member states . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### exported to third countries or dispatched to the rest of the union within the limits of traditional exports and traditional dispatches . these amounts are established by the commission by means of an implementing act on the basis of dispatches or export average figures during 1989 , 1990 and 1991 ; ### exported to third countries or dispatched to the rest of the union within agreed limits of exports and dispatches . these amounts are established by the commission by means of an implementing act on the basis of the dispatches or the export average figures of the three most favourable years between 2001 and 2011 ;


### support for the production of cow’s milk in madeira and réunion has not been sufficient to maintain the balance between domestic and external supply , chiefly because of the serious structural difficulties affecting the sector and its poor capacity to adapt to new economic environments . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder on the sales labelling . ### support for the production of cow’s milk in madeira and réunion has not been sufficient to maintain the balance between domestic and external supply , chiefly because of the serious structural difficulties affecting the sector and its problems in adapting to new economic environments . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully , provided that this does not pose an obstacle to the collection and marketing of all locally produced milk , or hamper the efforts to promote the expansion of local production , the medium - term aim being to secure , for réunion , self - sufficiency in milk . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder on the sales labelling . this provision should also be applicable in martinique , french guiana and guadeloupe , should france make such a request citing the wish of local stakeholders to be covered by it and their ability to develop the milk sector .


### having regard to the treaty on the functioning of the european union , and in particular the first subparagraph of article 42 and article 43 thereof , ### having regard to the treaty on the functioning of the european union , and in particular the first subparagraph of article 42 , article 43 and article 349 thereof ,


### member states shall submit a draft posei programme to the commission in the light of the financial allocation referred to in article 29 and . ### member states shall submit a draft posei programme to the commission in the light of the financial allocation referred to in article 29 and . the draft programme shall be deemed admissible by the commission only if it has been notified to the leaders of the elected departmental or regional authorities .


### preservation and development of agricultural activities in the outermost regions , including the production , processing and the sale of local products . ### securing the long - term future and development of the so - called livestock and crop diversification sectors in the outermost regions , including the production , processing and the sale of local products , thereby significantly improving the local population’s degree of self - sufficiency by increasing domestic production and reducing imports ;


### given that rice constitutes a staple of the diet of réunion , and since the island does not produce sufficient quantities to meet local requirements , the import of this product to the island should continue to be exempt from any form of import tax . ### given that rice constitutes a staple of the diet of réunion and that rice processing and polishing industries have been established there for many years , and since the island does not produce sufficient quantities of rice to meet local requirements , the import of this product to the island should continue to be exempt from any form of import tax .


### member states shall ensure that publicly accessible lng refuelling points for maritime and inland waterway transport are provided in all maritime ports of the trans - european transport core network by 31 december 2020 at the latest . ### member states , in close cooperation with regional and local authorities and with the sector concerned , shall ensure that the main maritime ports of the trans - european transport core network are equipped with publicly accessible lng refuelling points for maritime and inland waterway transport , with appropriate distances between them , to allow the circulation of lng vessels union - wide by 31 december 2030 at the latest . actual market needs and existing bunkering points shall be taken into consideration when defining the network of lng refuelling points in maritime ports .


### – synthetic fuels , ### – synthetic and paraffinic fuels ,


### member states shall ensure that shore side electricity supply for waterborne vessels is installed in ports provided that it is cost - effective and has environmental benefits . ### member states , in close cooperation with regional and local authorities and with the industry concerned , shall ensure that shore side electricity supply for waterborne vessels is installed in passenger and merchant berths within ports of the ten - t core network by 31 december 2020 .


### all publicly accessible recharging points for electric vehicles shall be equipped with intelligent metering systems as defined in article 2 of directive 2012 / 27 / eu and respect the requirements laid down in article 9 of that directive . ### when recharging at publicly accessible recharging points for electric vehicles , intelligent metering systems as defined in article 2 of directive 2012 / 27 / eu and which respect the requirements laid down in article 9 of that directive shall be provided .


### member states shall ensure that the equipment for slow and fast recharging points as set out in annex iii . 1 . 1 and annex iii . 1 . 2 shall be available on fair , reasonable and non - discriminatory terms . ### member states , in close cooperation with regional and local authorities and with the industry concerned , shall ensure that the equipment for normal , fast and wireless recharging points as set out in points 1 . 1 , 1 . 2 and 1 . 2a of annex iii complies with specific safety requirements in force at national level and is available on fair , reasonable and non - discriminatory terms .


### this directive establishes a common framework of measures for the deployment of alternative fuels infrastructure in the union in order to break the oil dependence of transport and sets out minimum requirements on alternative fuels infrastructure build - up and common technical specifications , including recharging points for electric vehicles and refuelling points for natural gas and hydrogen . ### this directive establishes a common framework of measures for the deployment of alternative fuels infrastructure in the union in order to break the oil dependence of transport and sets out minimum requirements on alternative fuels infrastructure build - up and common technical specifications , including recharging points for electric vehicles and refuelling points for natural gas and hydrogen . the directive also establishes measures through national policy frameworks which will help promote fungible fuels that do not require new infrastructure .


### member states should ensure that publicly accessible infrastructure for the supply of gaseous compressed natural gas to motor vehicles is built up , with distances between refuelling points allowing area covering circulation of cng vehicles across the union , as well as a certain number of refuelling points located in urban agglomerations . ### member states , in close cooperation with regional and local authorities and with the industry concerned , should ensure that publicly accessible infrastructure for the supply of gaseous compressed natural gas to motor vehicles is built up , with distances between refuelling points allowing area covering circulation of cng vehicles across the union , as well as a certain number of refuelling points located in urban agglomerations .


### member states shall ensure that publicly accessible lng refuelling points for maritime and inland waterway transport are provided in all maritime ports of the trans - european transport core network by 31 december 2020 at the latest . ### member states , in close cooperation with regional and local authorities and with the industry concerned , shall ensure that a sufficient number of maritime ports of the trans - european transport core network are equipped with publicly accessible lng refuelling points for maritime and inland waterway transport , within adequate distances , to allow the circulation of lng vessels union - wide by 31 december 2020 at the latest . when defining the network of lng refuelling points in maritime ports , the actual market needs and the existing bunkering points shall be taken into consideration .


### fragmentation of the internal market through uncoordinated market introduction of alternative fuels should be avoided . coordinated policy frameworks of all member states should therefore provide the long - term security required for private and public investement into vehicle and fuel technology , and infrastructure build - up . member states should therefore establish national policy frameworks outlining their objectives , targets , and supporting actions on the market development of alternative fuels , including the necessary infrastructure to be put into place . member states should cooperate with other neighbouring member states on the regional or macro - regional level , through consultation or joint policy frameworks , in particular where continuity of alternative fuel infrastructure coverage across national borders or construction of new infrastructure in the proximity of national borders is required . a coordination of these national policy frameworks and their coherence at eu level should be ensured by the commission , following a periodic evaluation thereof . ### fragmentation of the internal market through uncoordinated market introduction of alternative fuels should be avoided . coordinated policy frameworks of all member states should therefore provide the long - term security required for private and public investment in vehicle and fuel technology , and infrastructure build - up . member states should therefore establish national policy frameworks outlining their objectives , targets , and supporting actions on the market development of alternative fuels , including the necessary infrastructure to be put into place , in close cooperation with regional and local authorities and with the industry concerned . member states should cooperate with other neighbouring member states on the regional or macro - regional level , through consultation or joint policy frameworks , in particular where continuity of alternative fuel infrastructure coverage across national borders or construction of new infrastructure in the proximity of national borders is required . a coordination of these national policy frameworks and their coherence at union level should be ensured by the commission , following a periodic evaluation thereof .


### slow recharging points for electric vehicles shall comply with the technical specifications set out in annex iii . 1 . 1 . by 31 december 2015 at the latest . ### openly accessible slow recharging points for electric vehicles of categories m and n that will be deployed or renewed after 31 december 2015 shall comply with the technical specifications set out in annex iii . 1 . 1 .


### member states should ensure that publicly accessible infrastructure for the supply of hydrogen to motor vehicles is built up , with distances between refuelling points for motor vehicles allowing area covering circulation of hydrogen vehicles within the national territory , as well as a certain number of refuelling points located in urban agglomerations . this would allow hydrogen vehicles to circulate union - wide . ### member states , in close cooperation with regional and local authorities and with the industry concerned , should ensure that publicly accessible infrastructure for the supply of hydrogen to motor vehicles is built up , with distances between refuelling points for motor vehicles allowing area covering circulation of hydrogen vehicles within the national territory , as well as a certain number of refuelling points located in urban agglomerations . this would allow hydrogen vehicles to circulate union - wide .


### member states shall ensure that a minimum number of recharging points for electric vehicles are put into place , at least the number given in the table in annex ii , by 31 december 2020 at the latest . ### member states , in close cooperation with regional and local authorities and with the industry concerned , shall ensure that a minimum number of recharging points for electric vehicles are put into place , at least the number given in the table in annex ii , by 31 december 2020 at the latest .


### member states shall ensure that publicly accessible lng refuelling points for inland waterway transport are provided in all inland ports of the ten - t core network , by 31 december 2025 at the latest . ### member states shall ensure that a sufficient number of inland ports of the network are equipped with lng , or other alternative fuel , refuelling points for inland waterway transport , with appropriate distances between them , to allow the circulation of lng vessels union - wide . in accordance with the objectives of the trans - european transport network no . . . / 2013 of the european parliament and of the council of . . . on union guidelines for the development of the trans - european transport network ) , the lng , or other alternative fuel , refuelling points in maritime ports in the ten - t core network must be set up by 31 december 2030 at the latest . actual market needs and existing bunkering points shall be taken into consideration when defining the network of lng refuelling points in inland ports .


### member states shall ensure that publicly accessible lng refuelling points for inland waterway transport are provided in all inland ports of the ten - t core network , by 31 december 2025 at the latest . ### member states , in close cooperation with regional and local authorities and with the sector concerned , shall ensure that the main inland ports of the trans - european transport core network are equipped with publicly accessible lng refuelling points for maritime and inland waterway transport , with appropriate distances between them , to allow the circulation of lng vessels union - wide by 31 december 2030 at the latest . actual market needs and existing bunkering points shall be taken into consideration when defining the network of lng refuelling points in inland ports .


### based on the consultation of stakeholders and national experts , as well as expertise electricity , hydrogen , biofuels , natural gas , and liquefied petroleum gas were identified as the main alternative fuels with a potential for long - term oil substitution and decarbonisation . ### based on the consultation of stakeholders and national experts , as well as expertise , electricity , hydrogen , biofuels , natural gas , and liquefied petroleum gas were identified as the main alternative fuels with a potential for long - term oil substitution and decarbonisation , also in the light of their possible simultaneous and combined use .


### electricity is a clean fuel particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in appartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers . ### electricity is a clean fuel at the point of use and is particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in apartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers .


### electric vehicles could contribute to the stability of the electricity system by recharging their batteries from the grid at times of low general electricity demand and feeding power from the batteries back into the grid at times of high general electricity demand . therefore recharging points should use intelligent metering systems , and the price for electricity at a recharging point should be market based , so that flexible consumption of electricity is promoted through dynamic pricing . ### the charging process for electric vehicles should contribute to the stability of the electricity system by making it possible for their batteries to be recharged from the grid at times of low general electricity demand and feeding power from the batteries back into the grid at times of high general electricity demand . periods of high demand on the local electricity distribution system can correspond to times when prices are low on the wholesale electricity market . therefore , in the market consolidation phase , recharging points should be connected to intelligent charging systems , which regulate the power and duration of the charge , and linked up to intelligent metering systems , so that flexible consumption of electricity is promoted through dynamic pricing and signals from the electricity distribution system operator .


### member states shall ensure that shore side electricity supply for waterborne vessels is installed in ports provided that it is cost - effective and has environmental benefits . ### member states , in close cooperation with regional and local authorities , managing bodies of the port and the industry concerned , shall ensure that shore side electricity supply for waterborne vessels is installed in ports provided that it is cost - effective and has environmental benefits .


### member states shall ensure that publicly accessible lng refuelling points for maritime and inland waterway transport are provided in all maritime ports of the trans - european transport core network by 31 december 2020 at the latest . ### member states , in close cooperation with regional and local authorities , managing bodies of the port and the industry concerned , shall ensure that a sufficient number of maritime ports of the trans - european transport core network are equipped with publicly accessible lng refuelling points for maritime and inland waterway transport , within adequate distances , to allow the circulation of lng vessels union - wide by 31 december 2020 at the latest .


### member states shall ensure that a minimum number of recharging points for electric vehicles are put into place , at least the number given in the table in annex ii , by 31 december 2020 at the latest . ### every two years , member states shall establish an indicative number of recharging points for electric vehicles to be put into place according to the existing fleet of electric - powered vehicles and the growth forecasted for the following years , with the aim of achieving the number given in the table in annex ii , by 31 december 2020 at the latest .


### electricity is a clean fuel particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in appartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers . ### electricity is a clean fuel particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations , peripheral population areas and the transport routes connecting them , and which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations , peripheral population areas and the transport routes connecting them . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in apartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers .


### direct current fast recharging points for electric vehicles shall be equipped , for interoperability purposes , with connectors of type ‘ combo 2’ as described in the relevant en standard , to be adopted by 2014 . ### direct current fast recharging points for electric vehicles shall be equipped , for interoperability purposes , with multi - standard connectors providing both ' chademo ' and type ‘ combo 2’connection , as described in the relevant en standard to be adopted by 2014 .


### member states shall ensure that a sufficient number of publicly accessible refuelling points are available , with maximum distances of 150 km , to allow the circulation of cng vehicles union - wide by 31 december 2020 at the latest . ### member states shall ensure , in close cooperation with regional and local authorities and with the industry concerned that a sufficient number of publicly accessible refuelling points are available , with maximum distances of 150 km , to allow the circulation of cng vehicles union - wide by 31 december 2016 at the latest .


### all publicly accessible recharging points for electric vehicles shall be equipped with intelligent metering systems as defined in article 2 of directive 2012 / 27 / eu and respect the requirements laid down in article 9 of that directive . ### when recharging at publicly accessible recharging points for electric vehicles , intelligent metering must be available pursuant to article 2 of directive 2012 / 27 / eu which satisfies the requirements laid down in article 9 of that directive .


### minimum number of electric vehicle recharging points in each member state ### indicative number of electric vehicle recharging points in each member state


### electric vehicles could contribute to the stability of the electricity system by recharging their batteries from the grid at times of low general electricity demand and feeding power from the batteries back into the grid at times of high general electricity demand . therefore recharging points should use intelligent metering systems , and the price for electricity at a recharging point should be market based , so that flexible consumption of electricity is promoted through dynamic pricing . ### electric vehicles could contribute to the stability of the electricity system by recharging their batteries from the grid at times of low general electricity demand and feeding power from the batteries back into the grid at times of high general electricity demand . therefore recharging points should use intelligent metering systems , and the price for electricity at a recharging point should be market based , so that flexible consumption of electricity can be promoted through dynamic pricing .


### member states shall ensure that publicly accessible lng refuelling points for maritime and inland waterway transport are provided in all maritime ports of the trans - european transport core network by 31 december 2020 at the latest . ### member states shall ensure , in close cooperation with regional and local authorities and with the industry concerned , that publicly accessible lng refuelling points for maritime and inland waterway transport are provided in all maritime ports of the trans - european transport core network by 31 december 2025 at the latest .


### minimum number of electric vehicle recharging points in each member state ### estimated number of electric vehicle recharging points in each member state by 2020


### member states on the territory of which exist already at the day of the entry into force of this directive hydrogen refuelling points shall ensure that a sufficient number of publicly accessible refuelling points are available , with distances not exceeding 300 km , to allow the circulation of hydrogen vehicles within the entire national territory by 31 december 2020 at the latest . ### member states on the territory of which exist already on the date of the entry into force of this directive hydrogen refuelling points shall ensure , in close cooperation with regional and local authorities and with the industry concerned , that a sufficient number of publicly accessible refuelling points are available , with distances not exceeding 300 km , including one refuelling point per 250 000 inhabitants in urban areas , to allow the circulation of hydrogen vehicles within the entire national territory by 31 december 2020 at the latest . member states on the territory of which no hydrogen refuelling points exist on the date of entry into force of this directive shall meet the requirements set out in the first subparagraph by 31 december 2030 .


### lng might also offer a cost - efficient technology for heavy duty vehicles to meet the stringent pollutant emission limits of euro vi standards . ### lng is also an attractive fuel for heavy duty vehicles , enabling them to meet the stringent pollutant emission limits of euro vi standards .


### all lng refuelling points for maritime and inland waterway transport shall comply with the technical specifications set out in annex iii . 3 . 1 by 31 december 2015 at the latest . ### all lng refuelling points for maritime and inland waterway transport as well as the necessary associated facilities shall comply with the technical specifications set out in annex iii . 3 . 1 by 31 december 2015 at the latest .


### lng refuelling points for waterborne vessels shall comply with the relevant en standards , to be adopted by 2014 . ### lng refuelling points for waterborne vessels shall comply with the relevant en standards , to be adopted in accordance with the relevant imo and iso regulations and standards by 2014 . member states must coordinate to jointly support the development of those standards by imo and iso as soon as possible .


### member states shall ensure that a minimum number of recharging points for electric vehicles are put into place , at least the number given in the table in annex ii , by 31 december 2020 at the latest . ### every two years , member states shall , in their national policy frameworks , endeavour to establish a minimum number of recharging points for electric vehicles calculated according to the existing fleet of electric - powered vehicles and the growth forecasted for the following years , with the aim of achieving the number given in the table in annex ii . annex ii shall be used as a guideline for the number they shall seek to put in place by 31 december 2020 . the commission shall monitor the annual registration figures for electric vehicles in the eu , and by 1 january 2017 shall review the number of recharging points needed .


### alternate current slow recharging points for electric vehicles shall be equipped , for interoperability purposes , with connectors of type 2 as described in standard en62196 - 2 : 2012 . ### alternate current slow recharging points for electric vehicles shall be equipped , for interoperability purposes , with connectors of type 2 which must include the possibility of additional safety features such as a safety shutter for electrical socket .


### member states shall cooperate to ensure that heavy duty motor vehicles running on lng can travel all along the roads on the ten - t core network . for this purposes , publicly accessible refuelling points for lng shall be established within distances not exceeding 400 km by 31 december 2020 at the latest . ### member states , in close cooperation with regional and local authorities and with the industry concerned , shall cooperate to ensure that heavy duty motor vehicles running on lng can travel all along their core networks . for this purpose , publicly accessible refuelling points for lng shall be established within distances not exceeding 400 km by 31 december 2020 at the latest .


### fast recharging points for electric vehicles shall comply with the technical specifications set out in annex iii . 1 . 2 . by 31 december 2017 at the latest . ### openly accessible fast recharging points for electric vehicles of categories m and n that will be deployed or renewed after 31 december 2017 shall comply with the technical specifications set out in annex iii . 1 . 2 .


### member states may not maintain or introduce , in their national law , provisions diverging from those laid down in this directive , including more or less stringent provisions to ensure a different level of consumer protection . ### except where provided for in paragraph 2 , member states may adopt or maintain in force more stringent provisions , in the field covered by this directive , in order to ensure a higher level of consumer protection . member states shall ensure that such provisions are compatible with the treaties . 2 . member states may not maintain or introduce in their national law provisions diverging from those laid down in articles 12 to 17 , including more or less stringent provisions to ensure a different level of consumer protection .


### full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business . both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business - to - consumer contracts across the community . the effect will be to eliminate the barriers stemming from the fragmentation of the rules and to complete the internal market in this area . these barriers can only be eliminated by establishing uniform rules at community level . furthermore consumers will enjoy a high common level of protection across the community . ### full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business . both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business - to - consumer contracts across the union . the effect will be to eliminate the barriers stemming from the fragmentation of the rules and to complete the internal market in this area . these barriers can only be eliminated by establishing uniform rules at union level . furthermore consumers will enjoy a high common level of protection across the union .


### ' trader ' means any natural or legal person who , in contracts covered by this directive , is acting for purposes relating to his trade , business , craft or profession and anyone acting in the name of or on behalf of a trader ; ### ' business ' means any natural or legal person , irrespective of whether it is publicly or privately owned , which , in contracts covered by this directive , is acting for purposes relating to that person ' s trade , business , craft or profession and anyone acting in the name of or on behalf of a business , even if the person does not intend to make a profit in the course of the activity ;


### the consumer shall receive confirmation of all the information referred to in article 9 to , on a durable medium , in reasonable time after the conclusion of any distance contract , and at the latest at the time of the delivery of the goods or when the performance of the service has begun , unless the information has already been given to the consumer prior to the conclusion of any distance contract on a durable medium . ### the consumer shall receive confirmation of all the information referred to in article 9 to , in textual form on a durable medium , in reasonable time after the conclusion of any distance contract , and at the latest at the time of the delivery of the goods or when the performance of the service has begun , unless the information has already been given to the consumer prior to the conclusion of any distance contract on a durable medium .


### the consumer shall inform the trader of his decision to withdraw on a durable medium either in a statement addressed to the trader drafted in his own words or using the standard withdrawal form as set out in annex i . ### the consumer shall inform the business of his decision to withdraw .


### without prejudice to articles 7 , 13 and 42 , the consequences of any breach of article 5 , shall be determined in accordance with the applicable national law . member states shall provide in their national laws for effective contract law remedies for any breach of article 5 . ### without prejudice to articles 7 , 13 and 42 , the consequences of any breach of article 5 , shall be determined in accordance with the applicable national law . member states shall provide in their national laws for effective remedies for any breach of article 5 .


### consumer contracts should be drafted in plain , intelligible language and be legible . traders should be free to choose the font type or size in which the contract terms are drafted . the consumer should be given an opportunity to read the terms before concluding the contract . this opportunity could be given to the consumer by providing him with the terms on request or making those terms otherwise available or attaching standard terms to the order form . the trader should seek the consumer ' s express consent to any payment in addition to the remuneration for the trader ' s main contractual obligation . inferring consent by using opt - out systems , such as pre - ticked boxes online should be prohibited . ### consumer contracts should be drafted in plain , intelligible language and be confirmed in textual form on a durable medium . businesses should be free to choose the font type or size in which the contract terms are drafted . the consumer should be given an opportunity to read the terms before concluding the contract . this opportunity could be given to the consumer by providing him with the terms on request or making those terms otherwise available or attaching standard terms to the order form . the business should seek the consumer ' s express consent to any payment in addition to the remuneration for the business ' s main contractual obligation . inferring consent by using opt - out systems , such as pre - ticked boxes online should be prohibited .


### the arrangements for payment , delivery , performance and the complaint handling policy , if they depart from the requirements of professional diligence ; ### the arrangements for payment , delivery and performance ;


### if the consumer so requests , the trader shall make the guarantee statement available in a durable medium . ### at the consumer ' s request , the business shall provide the guarantee statement in textual form on a durable medium .


### any lack of conformity resulting from the incorrect installation of the goods shall be considered as a lack of conformity of the goods where the installation forms part of the sales contract and the goods were installed by the trader or under his responsibility . the same shall apply equally if the goods , intended to be installed by the consumer , are installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions . ### any lack of conformity resulting from the incorrect installation of the goods shall be considered as a lack of conformity of the goods where the goods were installed by the business or under its responsibility . the same shall apply equally if the goods , intended to be installed by the consumer , are installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions .


### the definition of durable medium should include in particular documents on paper , usb sticks , cd - roms , dvds , memory cards and the hard drive of the computer on which the electronic mail or a pdf file is stored . ### the definition of durable medium should include in particular documents on paper , usb sticks , cd - roms , dvds , memory cards and the hard drive of the computer on which the electronic mail or a pdf file , or other files which allow the unchanged reproduction of the information they contain , is stored . internet sites as such should not be regarded as durable media unless such sites meet the criterion of allowing the unchanged reproduction of the information stored .


### having regard to the treaty establishing the european community , and in particular article 95 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 114 thereof ,


### member states shall ensure that contract terms , as set out in the list in annex ii , are considered unfair in all circumstances . that list of contract terms shall apply in all member states and may only be amended in accordance with articles 39 and 40 . ### member states shall ensure that contract terms , as set out in the non - exhaustive list in annex ii , are considered unfair in all circumstances .


### member states shall not provide for any other formal requirements applicable to this standard withdrawal form . ### member states shall not provide for any formal requirements applicable to the communication of withdrawal . a communication of withdrawal may be made by the consumer , in particular , in the form of a statement addressed to the business drafted in his own words , using the standard withdrawal form as set out in annex i , and , unless the circumstances indicate otherwise , by returning the subject matter of the contract .


### in accordance with article 14 of the treaty , the internal market comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured . the harmonisation of certain aspects of consumer contract law is necessary for the promotion of a real consumer internal market striking the right balance between a high level of consumer protection and the competitiveness of enterprises , while ensuring the respect of the principle of subsidiarity . ### in accordance with article 26 of the treaty on the functioning of the european union , the internal market comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured . the harmonisation of certain aspects of consumer contract law is necessary for the promotion of a real consumer internal market striking the right balance between a high level of consumer protection and the competitiveness of enterprises , while ensuring the respect of the principle of subsidiarity .


### the trader shall reimburse any payment received from the consumer within thirty days from the day on which he receives the communication of withdrawal . ### the business shall reimburse any payment received from the consumer without undue delay , and in any case not later than thirty days from the day on which it receives the communication of withdrawal .


### full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business . both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business - to - consumer contracts across the community . the effect will be to eliminate the barriers stemming from the fragmentation of the rules and to complete the internal market in this area . these barriers can only be eliminated by establishing uniform rules at community level . furthermore consumers will enjoy a high common level of protection across the community . ### full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business . both consumers and business will be able to rely on the harmonisation of certain specific aspects of business - to - consumer contracts across the union . the effect will be to eliminate important barriers stemming from the fragmentation of rules and to advance the internal market in this area . these barriers can only be eliminated by establishing uniform rules at union level . furthermore consumers will enjoy a higher common level of protection across the union .


### article 153 and of the treaty provides that the community is to contribute to the attainment of a high level of consumer protection by the measures it adopts pursuant to article 95 thereof . ### article 169 and of the treaty on the functioning of the european union provides that the union is to contribute to the attainment of a high level of consumer protection by the measures it adopts pursuant to article 114 thereof .


### member states may not maintain or introduce , in their national law , provisions diverging from those laid down in this directive , including more or less stringent provisions to ensure a different level of consumer protection . ### except where provided for in paragraph 2 , member states may adopt or maintain in force more stringent provisions , in the field covered by this directive , in order to ensure a higher level of consumer protection . member states shall ensure that such provisions are compatible with the treaties . 2 . member states may not maintain or introduce in their national law provisions diverging from those laid down in articles 12 to 17 , including more or less stringent provisions to ensure a different level of consumer protection .


### this chapter shall apply to contract terms drafted in advance by the trader or a third party , which the consumer agreed to without having the possibility of influencing their content , in particular where such contract terms are part of a pre - formulated standard contract . ### this chapter shall apply to contract terms supplied by the business or a third party .


### if the trader has not provided the consumer with the information on the right of withdrawal in breach of articles 9 , 10 and 11 , the withdrawal period shall expire three months after the trader has fully performed his other contractual obligations . ### if the business has not provided the consumer with the information on the right of withdrawal in breach of articles 9 , 10 and 11 , the withdrawal period shall expire no later than one year after the conclusion of the contract .


### full harmonisation ### degree of harmonisation


### contract terms shall be expressed in plain , intelligible language and be legible . ### contract terms shall be expressed in plain , intelligible language and confirmed in textual form on a durable medium .


### unless the parties have agreed otherwise , the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party , other than the carrier and indicated by the consumer , within a maximum of thirty days from the day of the conclusion of the contract . ### unless the parties have agreed otherwise , the business shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party , other than the carrier and indicated by the consumer , without undue delay after the conclusion of the contract and in any case not later than thirty days from the day of the conclusion of the contract .


### the geographical address and the identity of the trader , such as his trading name and , where applicable , the geographical address and the identity of the trader on whose behalf he is acting ; ### the geographical address and the identity of the business with which the consumer is transacting , such as its trading name and , where applicable , the geographical address of the place of business and the identity of the business on whose behalf it is acting ;


### member states shall ensure that contract terms , as set out in the list in point 1 of annex iii , are considered unfair , unless the trader has proved that such contract terms are fair in accordance with article 32 . that list of contract terms shall apply in all member states and may only be amended in accordance with articles 39 and 40 . ### member states shall ensure the contract terms set out in the non - exhaustive list in point 1 of annex iii , are considered unfair , unless the business has proved that such contract terms are fair in accordance with article 32 .


### ' trader ' means any natural or legal person who , in contracts covered by this directive , is acting for purposes relating to his trade , business , craft or profession and anyone acting in the name of or on behalf of a trader ; ### ' business ' means any natural or legal person , irrespective of whether it is publicly or privately owned , which , in contracts covered by this directive , is acting for purposes relating to that person ' s trade , business , craft or profession and anyone acting in the name of or on behalf of a business , even if the person does not intend to make a profit in the course of the activity ;


### acting in accordance with the procedure laid down in article 251 of the treaty , ### acting in accordance with the ordinary legislative procedure ,


### in order to ensure legal certainty and improve the functioning of the internal market , the directive should contain two lists of unfair terms . annex ii contains a list of terms which should in all circumstances be considered unfair . annex iii contains a list of terms which should be deemed unfair unless the trader proves otherwise . these same lists should apply in all member states . ### in order to ensure legal certainty and improve the functioning of the internal market , the directive should contain two non - exhaustive lists of unfair terms . annex ii contains a list of terms which should in all circumstances be considered unfair . annex iii contains a list of terms which should be deemed unfair unless the business proves otherwise .


### any lack of conformity resulting from the incorrect installation of the goods shall be considered as a lack of conformity of the goods where the installation forms part of the sales contract and the goods were installed by the trader or under his responsibility . the same shall apply equally if the goods , intended to be installed by the consumer , are installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions . ### any lack of conformity resulting from the incorrect installation of the goods shall be considered as a lack of conformity of the goods where the goods were installed by the business or under its responsibility . the same shall apply equally if the goods , intended to be installed by the consumer , are installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions .


### for distance contracts concluded on the internet , the trader may , in addition to the possibilities referred to in paragraph 1 , give the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader ' s website . in that case the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay . ### for distance contracts concluded on the internet , if the business gives the option to the consumer to electronically fill in and submit the standard withdrawal form on the business ' s website , the business shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay .


### the trader shall deliver the goods in conformity with the sales contract . ### the business shall deliver the goods which are of the quantity , quality and description required by the contract and which are contained or packaged in the manner required by the contract .


### the trader shall reimburse any payment received from the consumer within thirty days from the day on which he receives the communication of withdrawal . ### the business shall reimburse any payment received from the consumer without undue delay , and in any case not later than thirty days from the day on which it receives the communication of withdrawal .


### in the case of an off - premises contract , the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper , when the consumer receives a copy of the order form on another durable medium . in the case of a distance contract for the sale of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods ordered . in the case of a distance contract for the provision of services , the withdrawal period shall begin from the day of the conclusion of the contract . ### the withdrawal period ends fourteen days after the latest of the following times ; the time of conclusion of the contract ; the time when the consumer receives from the business adequate information on the right to withdraw ; or if the subject matter of the contract is the delivery of goods , the time when the goods are received ; in the case of an off - premises contract for the provision of services , the time when the consumer receives a copy of the signed contract document on a durable medium ; if the subject matter of the contract is both the delivery of goods and the provision of services , the time when the latest event takes place .


### consumers should be entitled to receive information before the conclusion of the contract . however traders should not have to provide the information when already apparent from the context . for example in an on - premises transaction , the main characteristics of a product , the identity of the trader and the arrangements for delivery may be apparent from the context . in distance and off - premises transactions , the trader should always provide the information on arrangements for payment , delivery , performance and the complaint handling policy , since these might not be apparent from the context . ### consumers should be entitled to receive information before the conclusion of the contract . in distance and off - premises transactions , the business should always provide the information on arrangements for payment , delivery , performance and the complaint handling policy .


### having regard to the treaty establishing the european community , and in particular article 95 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 114 thereof ,


### article 153 and of the treaty provides that the community is to contribute to the attainment of a high level of consumer protection by the measures it adopts pursuant to article 95 thereof . ### article 169 and of the treaty on the functioning of the european union provides that the union is to contribute to the attainment of a high level of consumer protection by the measures it adopts pursuant to article 114 thereof .


### the existence of a right of withdrawal , where applicable ; ### the existence or the absence of a right of withdrawal , and , in accordance with annex i , the conditions and procedures for exercising that right including the withdrawal period and the name and address of the business to which the withdrawal is to be communicated , and the possible costs of returning the goods ;


### full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business . both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business - to - consumer contracts across the community . the effect will be to eliminate the barriers stemming from the fragmentation of the rules and to complete the internal market in this area . these barriers can only be eliminated by establishing uniform rules at community level . furthermore consumers will enjoy a high common level of protection across the community . ### full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business . both consumers and business will be able to rely on the harmonisation of certain specific aspects of business - to - consumer contracts across the union . the effect will be to eliminate important barriers stemming from the fragmentation of rules and to advance the internal market in this area . these barriers can only be eliminated by establishing uniform rules at union level . furthermore consumers will enjoy a higher common level of protection across the union .


### full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business . both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business - to - consumer contracts across the community . the effect will be to eliminate the barriers stemming from the fragmentation of the rules and to complete the internal market in this area . these barriers can only be eliminated by establishing uniform rules at community level . furthermore consumers will enjoy a high common level of protection across the community . ### full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business . both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business - to - consumer contracts across the union . the effect will be to eliminate the barriers stemming from the fragmentation of the rules and to complete the internal market in this area . these barriers can only be eliminated by establishing uniform rules at union level . furthermore consumers will enjoy a high common level of protection across the union .


### since in the case of distance sales , the consumer is not able to see the good before concluding the contract he should have a right of withdrawal , which allows him to ascertain the nature and functioning of the goods . ### since in the case of distance sales , the consumer is not able to see the good before concluding the contract he should have a right of withdrawal of an appropriate duration in order to allow him to ascertain the nature , quality and functioning of the goods .


### where the trader has failed to fulfil his obligations to deliver , the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1 . ### without prejudice to the remedies available under the applicable law of the member states , where the business has failed to fulfil its obligations to deliver , the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1 .


### to ensure that the personalised security features of the payment service user are not accessible to other parties ; ### to ensure that the personalised security credentials of the payment service user are not accessible to other parties ;


### without prejudice to articles 14 and 15 of directive [ nis directive ] [ op please insert number of directive once adopted ] , eba shall issue guidelines to facilitate payment service providers in qualifying major incidents and the circumstances under which a payment institution is required to notify a security incident . those guidelines shall be issued by . ### without prejudice to articles 14 and 15 of directive [ nis directive ] [ op please insert number of directive once adopted ] , eba shall develop implementing technical standards to facilitate payment service providers in qualifying major incidents and the circumstances under which a payment institution is required to notify a security incident . those standards shall be issued before the final date of transposition of this directive .


### the information referred to in paragraph 2 shall be mentioned in an easily , directly , prominently and permanently accessible way on the website of the payment service provider , where one exists , in the general terms and conditions of the contract between the payment service provider and the payment service user and in invoices and receipts relating to such contracts . it shall specify how further information on the out - of - court redress entity concerned and on the conditions for using it can be accessed . ### the information referred to in paragraph 1 shall be mentioned in a clear , comprehensible and easily accessible way on the trader’s website , where one exists and if applicable in the general terms and conditions of sales or service contracts between the trader and a consumer .


### by way of derogation from article 65 the payer may be obliged to bear the losses relating to any unauthorised payment transactions , up to a maximum of eur 50 , resulting from the use of a lost or stolen payment instrument or from the misappropriation of a payment instrument . ### by way of derogation from article 65 the payer may be obliged to bear the losses relating to any unauthorised payment transactions , up to a maximum of eur 50 or equivalent , resulting from the use of a lost or stolen payment instrument or from the misappropriation of a payment instrument .


### member states shall ensure that a payer has the right to make use of a third party payment service provider to obtain payment services enabling access to payment accounts as referred to in point of annex i . ### member states shall ensure that a payer has the right to make use of an authorised third party payment service provider to obtain payment services enabling access to payment accounts as referred to in point of annex i .


### payment transactions carried out by a provider of electronic communication networks or services where the transaction is provided for a subscriber to the network or service and for purchase of digital content as ancillary services to electronic communications services , regardless of the device used for the purchase or consumption of the content , provided that the value of any single payment transaction does not exceed eur 50 and the cumulative value of payment transactions does not exceed eur 200 in any billing month ; ### payment transactions carried out by a provider of electronic communication networks or services where the transaction is provided for a subscriber to the network or service and for purchase of digital content as ancillary services to electronic communications services , regardless of the device used for the purchase or consumption of the content , provided that the value of any single payment transaction does not exceed eur 20 and the cumulative value of payment transactions does not exceed eur 100 in any billing month ;


### in order to ensure consistent application of this directive , the commission should be able to rely on the expertise and support of eba , which should have the task to elaborate guidelines and prepare regulatory technical standards on security aspects regarding payment services , and on the cooperation between member states in the context of the provision of services and establishment of authorised payment institutions in other member states . the commission should be empowered to adopt those regulatory technical standards . these specific tasks are fully in line with the role and responsibilities of eba defined in regulation no 1093 / 2010 , under which the eba has been set up . ### in order to ensure consistent application of this directive , the commission should be able to rely on the expertise and support of eba , which should have the task to elaborate guidelines and prepare regulatory technical standards on security aspects regarding payment services , and on the cooperation between member states in the context of the provision of services and establishment of authorised payment institutions in other member states . when fulfilling these requirements the eba shall consult an advisory panel set up for the purposes of implementation of this directive and representing i . a non - banking actors . the commission should be empowered to adopt those regulatory technical standards . these specific tasks are fully in line with the role and responsibilities of eba defined in regulation no 1093 / 2010 , under which the eba has been set up .


### eba shall , in close cooperation with the ecb , issue guidelines addressed to payment service providers as set out in article 1 of this directive in accordance with article 16 of regulation no 1093 / 2010 on state of the art customer authentication and any exemption to the use of strong customer authentication . those guidelines shall be issued by and be updated on a regular basis as appropriate . ### eba shall , in close cooperation with the ecb and after consulting edps and an advisory panel set up for the purposes of implementation of this directive and representing i . a . non - banking actors , issue guidelines addressed to payment service providers as set out in article 1 of this directive in accordance with article 16 of regulation no 1093 / 2010 on state of the art customer authentication and any exemption to the use of strong customer authentication . those guidelines shall be issued by and be updated on a regular basis as appropriate .


### the member states or competent authorities shall require a payment institution which provides any payment services and , insofar as it at the same time is engaged in other business activities referred to in article 17 to safeguard all funds which have been received from the payment service users or through another payment service provider for the execution of payment transactions , in either of the following ways : ### the member states or competent authorities shall require a payment institution which provides any payment service listed in annex 1 or carries out a business activity referred to in article 17 to safeguard all funds which have been received from the payment service users or through another payment service provider for the execution of payment transactions , in either of the following ways :


### for the purposes of applying paragraph 1 , information which , if it were made public , would be likely to have a significant effect on the prices of the financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances shall mean information a reasonable investor would be likely to use as part of the basis of his investment decisions . ### for the purposes of supplementing paragraph 1 to , information which , if it were made public , would be reasonably likely to have a significant effect on the market prices of the relevant financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances , shall mean information a reasonable investor with relevant market knowledge and experience who regularly deals on the market and in the financial instrument , physical commodity contracts , or the auctioned products based on the emission allowances , in a professional capacity , would be likely to use as a material part of the basis of his investment decisions , including whether to acquire or dispose of that financial instrument , spot commodity contract , or auction product , or the quantity of which to acquire or dispose , and / or the price at which to do so .


### for the purposes of applying paragraph 1 , information which , if it were made public , would be likely to have a significant effect on the prices of the financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances shall mean information a reasonable investor would be likely to use as part of the basis of his investment decisions . ### for the purposes of deciding whether information would be likely to have a significant effect on the prices of the financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances according to paragraph 1 , account shall be taken of what a reasonable investor with market knowledge and experience would be likely to use as a material factor in deciding whether to acquire or dispose of that financial instrument , spot commodity contract , or auction product , the quantity of which to acquire or dispose and / or the price at which to do so .


### for the purposes of applying paragraph 1 , information which , if it were made public , would be likely to have a significant effect on the prices of the financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances shall mean information a reasonable investor would be likely to use as part of the basis of his investment decisions . ### for the purposes of supplementing paragraph 1 , information which , if it were made public , would be likely to have a significant effect on the prices of the financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances shall mean information a reasonable investor would be likely to use as part of the basis of his investment decisions .


### the 800 mhz band is optimal for the coverage of large areas by wireless broadband services . building on the harmonisation of technical conditions under decision 2010 / 267 / eu , and on commission recommendation of 28 october 2009 calling for analogue broadcasting to be switched off by 1 january 2012 , and given rapid national regulatory developments , this band should in principle be made available for electronic communications in the union by 2013 . in the longer term , additional spectrum below 790 mhz could also be envisaged , depending on experience and the lack of spectrum in other bands adequate for coverage . considering the capacity of the 800 mhz band to transmit over large areas , coverage obligations should be attached to rights . ### the 800 mhz band can be used for the coverage of large areas by wireless broadband services . building on the harmonisation of technical conditions under decision 2010 / 267 / eu , and on commission recommendation of 28 october 2009 calling for analogue broadcasting to be switched off by 1 january 2012 , and given rapid national regulatory developments , this band should in principle be made available for electronic communications in the union by 2013 . in the longer term , additional spectrum in the uhf band could also be envisaged , depending on actual market demand , social and cultural objectives , experience and the lack of spectrum in other bands adequate for coverage . considering the capacity of the 800 mhz band to transmit over large areas , coverage obligations should be attached to rights .


### member states shall , by 1 january 2013 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where exceptional national or local circumstances would prevent the availability of the band , the commission may authorise specific derogations until 2015 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the spectrum below 1ghz and assess whether additional spectrum could be freed and made available for new applications . ### member states shall , by 17 june 2015 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where the digital switchover process is already well advanced or completed and where the migration of incumbent services can be managed on time , the commission recommends to make the band available by 1 january 2013 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the uhf band and assess whether additional spectrum could be freed and made available for new applications


### member states , in cooperation with the commission , shall ensure that the provision of access to broadband content and services using the 790 - 862 mhz band is encouraged in sparsely populated areas , in particular through coverage obligations ; in doing so , they shall examine ways and , where necessary , take appropriate measures to ensure that the freeing of the 800 mhz band does not adversely affect programme making and special events users . ### member states , in cooperation with the commission , shall ensure that the provision of access to broadband content and services using the 790 - 862 mhz band is encouraged in sparsely populated areas , if necessary through coverage obligations ; in doing so , they shall examine ways and , where necessary , take appropriate measures to ensure that the freeing of the 800 mhz band does not adversely affect programme making and special events users and terrestrial broadcasting services . in particular , the member states , in cooperation with the commission , shall investigate possible technical solutions for the parallel use of spectrum bands by users of terrestrial broadcasting and mobile telephony services , so as to take account of the differing needs of urban population centres and sparsely populated areas .


### adherence to the medium - term budgetary objective of budgetary positions should allow member states to have a safety margin with respect to the 3% of gdp reference value in order to ensure rapid progress towards sustainability and to have room for budgetary manoeuvre , in particular taking into account the needs of public investment . ### adherence to the medium - term budgetary objective of budgetary positions should allow member states to have a safety margin with respect to the 3% of gdp reference value in order to ensure rapid progress towards sustainability and to have room for budgetary manoeuvre , in particular taking into account the needs of public investment , in order to improve their competitiveness .


### the content of the stability and convergence programmes as well as the criteria for their examination should further be adapted in the light of the experience gained with the implementation of the stability and growth pact . ### the content of the stability and convergence programmes as well as the criteria for their examination should further be adapted in the light of the experience gained with the implementation of the stability and growth pact , in particular with a view to the union ' s competitiveness .


### keepers of a commercial stock of specimens of invasive alien species acquired before their inclusion on the list referred to in article 4 shall be allowed up to two years after inclusion of the species in that list to keep and transport in order to sell or hand over live specimens or reproducible parts of those species to the research or ex - situ conservation institutions referred to in article 8 , provided that the specimens are kept and transported in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible , or to slaughter them to exhaust their stock . ### keepers of a commercial stock of specimens of invasive alien species acquired before their inclusion on the list referred to in article 4 shall be allowed up to 12 months after inclusion of the species in that list to keep and transport in order to sell or hand over live specimens or reproducible parts , provided that the specimens are kept and transported in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible , or to humanely cull them to exhaust their stock .


### member states shall take proportionate restoration measures to assist the recovery of an ecosystem that has been degraded , damaged , or destroyed by invasive alien species of union concern . ### member states shall take appropriate restoration measures to assist the recovery of an ecosystem that has been degraded , damaged , or destroyed by invasive alien species of union concern .


### invasive alien species shall only be included on the list referred to in paragraph 1 if they meet all of the following criteria : ### invasive alien species or the taxonomic groups of species to which they belong shall only be included on the list referred to in paragraph 1 if each of them meets all of the following criteria , taking into account the relevant international standards :


### a quantified forecast of the damage costs at union level demonstrating the significance for the union , so as to further justify action because the overall damage would outweigh the cost of mitigation ; ### an assessment of the potential costs at union level ;


### regulatory measures to minimise contamination by invasive alien species of goods and commodities , and any vehicle and equipment , including measures tackling transport of invasive alien species from third countries ; ### minimise the risk of introduction of invasive alien species as unwanted travellers in the transport of goods and commodities and the movement of vehicles and equipment , including measures tackling transport of invasive alien species from third countries ;


### ‘ invasive alien species of union concern’ means invasive alien species whose negative impact has been deemed such as to require concerted action at the level of the union pursuant to article 4 ; ### ‘ invasive alien species of union concern’ means invasive alien species whether non - native to the union or native to certain regions of the union but alien to others , or taxonomic groups of species , whose negative impact has been deemed such as to require concerted action at the level of the union pursuant to article 4 .


### council regulation no 708 / 2007 of 11 june 2007 concerning use of alien and locally absent species in aquaculture14 , regulation no 528 / 2012 of the european parliament and of the council of 22 may 2012 concerning the making available on the market and use of biocidal products15 and regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec16 provide for rules concerning the authorisation for the use of certain alien species for particular purposes . the use of certain species has already been authorised under those regimes at the time of entry into force of these new rules as they do not pose unacceptable risks to the environment , human health and the economy . in order to ensure a coherent legal framework , those species should thus be excluded from the new rules . __________________ 14 oj l 168 , 28 . 6 . 2007 , p . 1 . 15 oj l 167 , 27 . 6 . 2012 , p . 1 . 16 oj l 309 , 24 . 11 . 2009 , p . 1 . ### regulation no 528 / 2012 of the european parliament and of the council of 22 may 2012 concerning the making available on the market and use of biocidal products15 and regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec16 provide for rules concerning the authorisation for the use of certain alien species for particular purposes . the use of certain species has already been authorised under those regimes at the time of entry into force of these new rules as they do not pose unacceptable risks to the environment , human health and the economy . in order to ensure a coherent legal framework , those species should thus be excluded from the new rules . __________________ 14 oj l 168 , 28 . 6 . 2007 , p . 1 . 15 oj l 167 , 27 . 6 . 2012 , p . 1 . 16 oj l 309 , 24 . 11 . 2009 , p . 1 .


### to support the achievement of the objectives of directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds7 , council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora8 , directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy 9 and directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy10 , the primary objective of this regulation should be to prevent , minimise and mitigate the adverse effects of invasive alien species on biodiversity and ecosystem services , as well as to reduce their economic and social impact . __________________ 7 oj l 20 , 26 . 1 . 2010 , p . 7 . 8 oj l 206 , 22 . 7 . 1992 , p . 7 . 9 oj l 164 , 25 . 6 . 2008 , p . 19 . 10 oj l 327 , 22 . 12 . 2000 , p . 1 . ### to support the achievement of the objectives of directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds7 , council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora8 , directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy 9 and directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy10 , the primary objective of this regulation should be to prevent , minimise and mitigate the adverse effects of invasive alien species on biodiversity , ecosystem services , safety and public health as well as to reduce their economic and social impact . __________________ 7 oj l 20 , 26 . 1 . 2010 , p . 7 . 8 oj l 206 , 22 . 7 . 1992 , p . 7 . 9 oj l 164 , 25 . 6 . 2008 , p . 19 . 10 oj l 327 , 22 . 12 . 2000 , p . 1 .


### the delegation of power referred to in article 5 shall be conferred on the commission for an undetermined period of time from the entry into force of this regulation . ### the delegation of power referred to in article 5 shall be conferred on the commission for a period of five years from [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### member states shall , by [ 18 months from the entry into force of this regulation &#8211 ; date to be inserted ] at the latest carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species in their territory and identify the pathways which require priority action , because of the volume of species or of the damage caused by the species entering the union through them . in doing so , member states shall in particular focus on an analysis of the pathways of introduction of invasive alien species of union concern . ### member states shall , by [ 18 months from the entry into force of this regulation &#8211 ; date to be inserted ] at the latest carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species in their territory and identify the pathways which require priority action , because of the volume of species or of the potential risk associated with the species entering the union through them . in doing so , member states shall in particular focus on an analysis of the pathways of introduction of invasive alien species of union concern .


### a large proportion of invasive alien species are introduced unintentionally into the union . it is therefore crucial to manage the pathways of unintentional introduction . action in this area would need to be gradual , given the relatively limited experience in this field . action should include voluntary measures , such as the actions proposed by the international maritime organisation ' s guidelines for the control and management of ships ' biofouling , and mandatory measures and should build on the experience gained in the union and in member states in managing certain pathways , including measures established through the international convention for the control and management of ships ballast water and sediments . ### a large proportion of invasive alien species are introduced unintentionally into the union . it is therefore crucial to manage the pathways of unintentional introduction . action in this area would need to be gradual , given the relatively limited experience in this field . action should include voluntary measures , such as the actions proposed by the international maritime organisation ' s guidelines for the control and management of ships ' biofouling , and mandatory measures and should build on the experience gained in the union and in member states in managing certain pathways , including measures established through the international convention for the control and management of ships ' ballast water and sediments . accordingly the commission shall take all appropriate steps to encourage member states to ratify the convention including promoting opportunities for debate between national ministers . notwithstanding the provisions for member state action plans laid down in article 11 , the commission shall , three years from the date of implementation of this regulation , report on member states ' implementation of the aforementioned voluntary measures and shall , if appropriate , come forward with legislative proposals to incorporate such measures into union law . in the event of delays in the entry into force of the convention , the commission should seek coordinated action between member states , non - eu shipping nations , and international shipping organisations to put forward measures preventing the unintentional introduction of species by this particular pathway .


### a description of the negative impact on biodiversity and ecosystem services , including on native species , protected sites , endangered habitats , on human health and the economy including an assessment of the magnitude of future impact ; ### a description of the negative impact on biodiversity and ecosystem services , including on native species , protected sites , endangered habitats , on the economy , public health and safety including an assessment of the magnitude of future impact ;


### measures to increase the ability of an ecosystem exposed to disturbance to resist , absorb , accommodate to and recover from the effects of disturbance ; ### measures to increase the capacity of an ecosystem exposed to disturbance to resist , absorb , accommodate to and recover from the effects of disturbance ;