### in order to ensure consistency between the objective and the measures needed to complete the single market for electronic communications pursuant to this regulation and some specific existing legislative provisions and to reflect key elements of evolving decisional practice , directive 2002 / 21 / ec , the directives 2002 / 20 / ec and 2002 / 22 / ec and regulation no 531 / 2012 should be amended . this includes making provision for directive 2002 / 21 / ec and the related directives to be read in conjunction with this regulation , the introduction of strengthened powers of the commission in order to ensure consistency of remedies imposed on european electronic communications providers having significant market power in the context of the european consultation mechanism , harmonisation of the criteria adopted in assessing the definition and competitiveness of relevant markets , the adaptation of the notification system under directive 2002 / 20 / ec in view of the single eu authorisation as well as the repeal of provisions on minimum harmonisation of end - users rights provided in directive 2002 / 22 / ec made redundant by the full harmonisation provided in this regulation . ### in order to ensure consistency between the objective and the measures needed to complete the single market for electronic communications pursuant to this regulation and some specific existing legislative provisions and to reflect key elements of evolving decisional practice , directive 2002 / 21 / ec , the directives 2002 / 20 / ec and 2002 / 22 / ec and regulation no 531 / 2012 should be amended . this includes making provision for directive 2002 / 21 / ec and the related directives to be read in conjunction with this regulation , the introduction of strengthened powers of the commission in order to ensure consistency of remedies imposed on european electronic communications providers having significant market power in the context of the european consultation mechanism , harmonisation of the criteria adopted in assessing the definition and competitiveness of relevant markets , the adaptation of the notification system under directive 2002 / 20 / ec in view of the single eu authorisation as well as the repeal of provisions on minimum harmonisation of end - users rights provided in directive 2002 / 22 / ec made redundant by the harmonisation provided in this regulation .


### this regulation establishes in particular regulatory principles pursuant to which the commission , the body of european regulators for electronic communications and the national competent authorities shall act , each within its own competences , in conjunction with the provisions of directives 2002 / 19 / ec , 2002 / 20 / ec , 2002 / 21 / ec and 2002 / 22 / ec : ### this regulation establishes in particular regulatory principles pursuant to which the commission , the body of european regulators for electronic communications and the national and regional competent authorities shall act , each within its own competences , in conjunction with the provisions of directives 2002 / 19 / ec , 2002 / 20 / ec , 2002 / 21 / ec and 2002 / 22 / ec :


### for the purposes of the uniform implementation of the general authorisation regime for the deployment , connection and operation of small - area wireless access points pursuant to paragraph 1 , the commission may , by means of an implementing act , specify technical characteristics for the design , deployment and operation of small - area wireless access points , compliance with which shall ensure their unobtrusive character when in use in different local contexts . the commission shall specify those technical characteristics by reference to the maximum size , power and electromagnetic characteristics , as well as the visual impact , of the deployed small - area wireless access points . those technical characteristics for use of small - area wireless access points shall at a minimum comply with the requirements of directive 2013 / 35 / eu30 and with the thresholds defined in council recommendation no 1999 / 519 / ec . 31 __________________ 30 directive 2013 / 35 / eu of the european parliament and of the council of 26 june 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents of directive 89 / 391 / eec ) and repealing directive 2004 / 40 / ec . 31 recommendation 1999 / 519 / ec of the council of 12 july 1999 on the limitation of exposure of the general public to electromagnetic fields . ### for the purposes of the uniform implementation of the deployment , connection and operation of small - area wireless access points pursuant to paragraph 1 , the commission may , by means of an implementing act , specify technical characteristics for the design , deployment and operation of small - area wireless access points , compliance with which shall ensure their unobtrusive character when in use in different local contexts . the operation of small - area wireless access points in spectrum with dedicated granted usage rights shall be managed by the respective authorised person or undertaking . the commission shall specify those technical characteristics by reference to the maximum size , power and electromagnetic characteristics , as well as the visual impact , of the deployed small - area wireless access points . those technical characteristics for use of small area wireless access points shall at a minimum comply with the requirements of directive 2013 / 35 / eu and directive 1999 / 5 / ec taking into account the thresholds defined in council recommendation no 1999 / 519 / ec . 31 __________________ 30 directive 2013 / 35 / eu of the european parliament and of the council of 26 june 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents of directive 89 / 391 / eec ) and repealing directive 2004 / 40 / ec . 31 recommendation 1999 / 519 / ec of the council of 12 july 1999 on the limitation of exposure of the general public to electromagnetic fields .


### the characteristics specified in order for the deployment , connection and operation of small - area wireless access point to benefit from paragraph 1 shall be without prejudice to the essential requirements of directive 1999 / 5 / ec of the european parliament and the council relative to the placing on the market of such products . 32 __________________ 32 directive 1999 / 5 / ec of the european parliament and the council of 9 march 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity . ### the technical characteristics specified in order for the deployment , connection and operation of small - area wireless access point to benefit from paragraph 1 shall be without prejudice to the essential requirements of directive 1999 / 5 / ec of the european parliament and the council relative to the placing on the market of such products . 32 __________________ 32 directive 1999 / 5 / ec of the european parliament and the council of 9 march 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity .


### end - users shall also be free to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services . ### end - users shall also be free to enjoy specialised services delivered by providers of electronic communications services or providers of content , applications and services . providers of electronic communication services or providers of content , applications and services shall be allowed to offer specialised services , provided that such offers are in addition to internet access services and are not to the material detriment of their availability or quality . for competent authorities to be able to assess such potential detriment , providers of electronic communication services or providers of content , applications and services shall transmit to them , upon request , precise information regarding the capacities assigned to the two types of services referred to in the second subparagraph , the criteria based on which network capacity is shared and , where appropriate , justifications about the measures put in place to prevent impairment of internet access services by the specialised services .


### the exercise of the freedoms provided for in paragraphs 1 and 2 shall be facilitated by the provision of complete information in accordance with article 25 , article 26 , and article 27 and . ### end - users shall be provided with complete information in accordance with article 20 , article 21 and article 21a of directive 2002 / 22 / ec , including information on any reasonable traffic management measures applied that might affect access to and distribution of information , content , applications and services as specified in paragraphs 1 and 2 of this article .


### ‘ contracts’ ### the title of article 20 is replaced by : ‘ information requirements for contracts’ ;


### ‘ 1 . member states shall ensure that , when subscribing to services providing connection to a public communications network and / or publicly available electronic communications services , consumers , and other end - users so requesting , have a right to a contract with an undertaking or undertakings providing such connection and / or services . the contract shall specify in a clear , comprehensive and easily accessible form at least : the identity and address of the undertaking ; the services provided , including in particular , — whether or not access to emergency services and caller location information is being provided , and any limitations on the provision of emergency services under article 26 , — information on any other conditions limiting access to and / or use of services and applications , where such conditions are permitted under national law in accordance with community law , — the minimum service quality levels offered , namely the time for the initial connection and , where appropriate , other quality of service parameters , as defined by the national regulatory authorities , — information on any procedures put in place by the undertaking to measure and shape traffic so as to avoid filling or overfilling a network link , and information on how those procedures could impact on service quality , — the types of maintenance service offered and customer support services provided , as well as the means of contacting these services , — any restrictions imposed by the provider on the use of terminal equipment supplied ; where an obligation exists under article 25 , the subscriber ' s options as to whether or not to include his or her personal data in a directory , and the data concerned ; details of prices and tariffs , the means by which up - to - date information on all applicable tariffs and maintenance charges may be obtained , payment methods offered and any differences in costs due to payment method ; the duration of the contract and the conditions for renewal and termination of services and of the contract , including : — any minimum usage or duration required to benefit from promotional terms , — any charges related to portability of numbers and other identifiers , — any charges due on termination of the contract , including any cost recovery with respect to terminal equipment , any compensation and the refund arrangements which apply if contracted service quality levels are not met ; the means of initiating procedures for the settlement of disputes in accordance with article 34 ; the type of action that might be taken by the undertaking in reaction to security or integrity incidents or threats and vulnerabilities . member states may also require that the contract include any information which may be provided by the relevant public authorities for this purpose on the use of electronic communications networks and services to engage in unlawful activities or to disseminate harmful content , and on the means of protection against risks to personal security , privacy and personal data , referred to in article 21 and relevant to the service provided . ’ ### article 20 is replaced by the following : ‘ 1 . member states shall ensure that , when subscribing to services providing connection to a public communications network and / or publicly available electronic communications services , consumers , and other end - users so requesting , have a right to a contract with an undertaking or undertakings providing such connection and / or services . the contract shall specify at least the following information : the identity , address and contact information of the undertaking and , if different , the address and contact information for any complaints ; the main characteristics of the services provided , including in particular , the specific tariff plan or tariff plans to which the contract applies and , for each such tariff plan , the types of services offered , including the volumes of communications ; access to information on emergency services and caller location for all relevant services offered , and any limitations on the provision of emergency services under article 26 , the minimum service quality levels offered , namely the time for the initial connection and , where appropriate , other quality of service parameters , as defined by the national regulatory authorities , the types of after - sales services , maintenance services and customer support services provided , including , where feasible , technical information for the proper functioning of the end - user ' s chosen terminal equipment , the conditions and charges for those services , and the means of contacting those services , any restrictions imposed by the provider on the use of terminal equipment supplied , including information on unlocking the terminal equipment and any charges involved if the contract is terminated before the end of the minimum contract period ; where an obligation exists under article 25 , the subscriber ' s options as to whether or not to include his or her personal data in a directory , and their ability to verify , correct or withdraw their entry ; details of prices and tariffs including taxes and additional charges that may possibly be levied , and the means by which up - to - date information on all applicable tariffs and maintenance charges may be obtained ; payment methods offered and any differences in costs due to the payment method chosen , and available facilities to safeguard bill transparency and monitor the level of consumption ; the duration of the contract and the conditions for renewal and termination of services and of the contract , including : any minimum usage or duration required to benefit from promotional terms , any charges related to switching and portability of numbers and other identifiers , including compensation and refund arrangements for delay or abuse of switching ; any charges due on early termination of the contract , including any cost recovery with respect to terminal equipment , on the basis of customary depreciation methods , and other promotional advantages , on a pro rata temporis basis , any compensation and the refund arrangements , including , where applicable , an explicit reference to statutory rights of the consumer which apply if contracted service quality levels are not met ; the means of initiating procedures for the settlement of disputes , including cross - border disputes , in accordance with article 34 ; details on how disabled end - users can obtain information on products and services designed for them ; the type of action that might be taken by the undertaking in reaction to security or integrity incidents or threats and vulnerabilities . member states may also require that the contract include any information which may be provided by the relevant public authorities for this purpose on the use of electronic communications networks and services to engage in unlawful activities or to disseminate harmful content , and on the means of protection against risks to personal security , privacy and personal data , referred to in article 21 and relevant to the service provided . ’


### member states shall ensure that subscribers have a right to withdraw from their contract without penalty upon notice of modification to the contractual conditions proposed by the undertakings providing electronic communications networks and / or services . subscribers shall be given adequate notice , not shorter than one month , of any such modification , and shall be informed at the same time of their right to withdraw , without penalty , from their contract if they do not accept the new conditions . member states shall ensure that national regulatory authorities are able to specify the format of such notifications . ### article 20 is deleted


### ‘ article 21 ‘ 1 . member states shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and / or publicly available electronic communications services to publish transparent , comparable , adequate and up - to - date information on applicable prices and tariffs , on any charges due on termination of a contract and on standard terms and conditions in respect of access to , and use of , services provided by them to end - users and consumers in accordance with annex ii . such information shall be published in a clear , comprehensive and easily accessible form . national regulatory authorities may specify additional requirements regarding the form in which such information is to be published . 2 . national regulatory authorities shall encourage the provision of comparable information to enable end - users and consumers to make an independent evaluation of the cost of alternative usage patterns , for instance by means of interactive guides or similar techniques . where such facilities are not available on the market free of charge or at a reasonable price , member states shall ensure that national regulatory authorities are able to make such guides or techniques available themselves or through third party procurement . third parties shall have a right to use , free of charge , the information published by undertakings providing electronic communications networks and / or publicly available electronic communications services for the purposes of selling or making available such interactive guides or similar techniques . 3 . member states shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and / or publicly available electronic communications services to inter alia : provide applicable tariff information to subscribers regarding any number or service subject to particular pricing conditions ; with respect to individual categories of services , national regulatory authorities may require such information to be provided immediately prior to connecting the call ; inform subscribers of any change to access to emergency services or caller location information in the service to which they have subscribed ; inform subscribers of any change to conditions limiting access to and / or use of services and applications , where such conditions are permitted under national law in accordance with community law ; provide information on any procedures put in place by the provider to measure and shape traffic so as to avoid filling or overfilling a network link , and on how those procedures could impact on service quality ; inform subscribers of their right to determine whether or not to include their personal data in a directory , and of the types of data concerned , in accordance with article 12 of directive 2002 / 58 / ec ; and regularly inform disabled subscribers of details of products and services designed for them . if deemed appropriate , national regulatory authorities may promote self or co - regulatory measures prior to imposing any obligation . 4 . member states may require that the undertakings referred to in paragraph 3 distribute public interest information free of charge to existing and new subscribers , where appropriate , by the same means as those ordinarily used by them in their communications with subscribers . in such a case , that information shall be provided by the relevant public authorities in a standardised format and shall , inter alia , cover the following topics : the most common uses of electronic communications services to engage in unlawful activities or to disseminate harmful content , particularly where it may prejudice respect for the rights and freedoms of others , including infringements of copyright and related rights , and their legal consequences ; and the means of protection against risks to personal security , privacy and personal data when using electronic communications services . ’ ### article 21 is replaced by the following : ‘ article 21 ‘ 1 . member states shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and / or publicly available electronic communications services to publish transparent , comparable , adequate and up - to - date information on applicable prices and tariffs , on any charges due on early termination of a contract and on standard terms and conditions in respect of access to , and use of , services provided by them to end - users in accordance with annex ii . such information shall be published in a clear , comprehensive and easily accessible form and shall be updated regularly . any differentiation in the conditions applied to consumers and other end - users so requesting shall be made explicit . national regulatory authorities may specify additional requirements regarding the form in which such information is to be published , which may in particular include the introduction of language requirements so as to ensure that such information is easily understood by consumers and other end - users so requesting . member states shall ensure that providers of electronic communications to the public are obliged upon request to supply the information , to the relevant national regulatory authorities , in advance of its publication . 2 . national regulatory authorities shall ensure that consumers and other end - users so requesting have access to independent evaluation tools to enable them to compare the performance of electronic communications network access and services and the cost of alternative usage patterns . where such facilities are not available on the market free of charge or at a reasonable price , member states shall ensure that national regulatory authorities are able to make such guides or techniques available themselves or through third party procurement . third parties shall have a right to use , free of charge , the information published by undertakings providing electronic communications networks and / or publicly available electronic communications services for the purposes of selling or making available such independent evaluation tools . 2a . member states shall ensure that national regulatory authorities , under guidance from berec and following consultation with relevant stakeholders , establish a voluntary certification scheme for interactive comparison websites , guides or similar tools , based on objective , transparent and proportionate requirements , including in particular independence from any provider of electronic communications to the public . 3 . member states shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and / or publicly available electronic communications services to inter alia : provide end - users with applicable tariff information regarding any number or service subject to particular pricing conditions ; with respect to individual categories of services , national regulatory authorities may require such information to be provided immediately prior to connecting the call ; provide end - users with information on access to emergency services and caller location for all relevant services offered , and any limitations on the provision of emergency services under article 26 , and to ensure that any changes are notified without delay ; provide information on internet access services , where offered , specifying the following : for fixed data links , the normally available and minimum download and upload speed in the end - user ' s member state of residence ; for mobile data links , the estimated and minimum download and upload speed when connected through the provider ' s wireless network in the end - user ' s member state of residence ; details of unit data pricing plans , pricing plans for bulk data and any applicable thresholds . for data volumes above thresholds : unit or bulk pricing on an ad hoc or lasting basis and any data speed limitations that may be applied ; how end - users can monitor the current level of their consumption , whether and how any voluntary limitations can be set ; a clear and comprehensible explanation as to how any data volume limitation , the speed and other quality of service parameters may in practice have an impact on the use of internet access services , in particular the use of content , applications and services ; information on any procedures put in place by the provider to measure and shape traffic as defined in article 23 of regulation . . . / . . . * including an indication of the underlying communication inspection methods used for reasonable traffic management measures and information on how those procedures could impact on service quality , end - users’ privacy and the protection of personal data ; inform consumers , and other end - users where applicable , of their right to determine whether or not to include their personal data in a directory , and of the types of data concerned , in accordance with article 12 of directive 2002 / 58 / ec ; and regularly inform disabled consumers , and other end - users , where applicable , of details of products and services designed for them and the measures taken to ensure equivalence of access ; if deemed appropriate , national regulatory authorities may promote self - or co - regulatory measures prior to imposing any obligation . member states may specify additional requirements on the content , form and manner of the information to be published , taking utmost account of the berec guidelines referred to in paragraph 3a of this article . 3a . by . . . * , berec , after consulting stakeholders and in close cooperation with the commission , shall lay down general guidelines for the methods of measuring the speed , the quality of service parameters to be measured , and the methods for measuring them over time , as well as the content , form and manner of the information to be published , including possible quality certification mechanisms , in order to ensure that end - users , including disabled end - users , have access to comprehensive , comparable , reliable and user - friendly information . where appropriate , the parameters , definitions and measurement methods set out in annex iii may be used . 4 . member states may require that the undertakings referred to in paragraph 3 distribute public interest information free of charge to end - users , where appropriate , by the same means as those ordinarily used by them in their communications with end - users . in such a case , that information shall be provided by the relevant public authorities to the providers of electronic communications to the public in a standardised format and may , inter alia , cover the following topics : the most common uses of electronic communications services to engage in unlawful activities or to disseminate harmful content , particularly where it may prejudice respect for the rights and freedoms of others , including infringements of data protection rights , copyright and related rights , and their legal consequences ; and the means of protection against risks to personal security , privacy and personal data when using electronic communications services . _________________ * oj : please insert the number of this regulation . ** oj : please insert the date of application of this regulation . ’


### ‘ 1 . member states shall ensure that all end - users of the service referred to in paragraph 2 , including users of public pay telephones , are able to call the emergency services free of charge and without having to use any means of payment , by using the single european emergency call number ' 112 ' and any national emergency call number specified by member states . 2 . member states , in consultation with national regulatory authorities , emergency services and providers , shall ensure that undertakings providing end - users with an electronic communications service for originating national calls to a number or numbers in a national telephone numbering plan provide access to emergency services . 3 . member states shall ensure that calls to the single european emergency call number ' 112 ' are appropriately answered and handled in the manner best suited to the national organisation of emergency systems . such calls shall be answered and handled at least as expeditiously and effectively as calls to the national emergency number or numbers , where these continue to be in use . 4 . member states shall ensure that access for disabled end - users to emergency services is equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 17 of directive 2002 / 21 / ec , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . 5 . member states shall ensure that undertakings concerned make caller location information available free of charge to the authority handling emergency calls as soon as the call reaches that authority . this shall apply to all calls to the single european emergency call number ' 112 ' . member states may extend this obligation to cover calls to national emergency numbers . competent regulatory authorities shall lay down criteria for the accuracy and reliability of the location information provided . 6 . member states shall ensure that citizens are adequately informed about the existence and use of the single european emergency call number ' 112 ' , in particular through initiatives specifically targeting persons travelling between member states . 7 . in order to ensure the effective access to ' 112 ' services in the member states , the commission , having consulted berec , may adopt technical implementing measures . however , these technical implementing measures shall be adopted without prejudice to , and shall have no impact on , the organisation of emergency services , which remains of the exclusive competence of member states . ’ ### article 26 is replaced by the following : ‘ 1 . member states shall ensure that all end - users of the service referred to in paragraph 2 , including users of public pay telephones are able to call the emergency services free of charge and without having to use any means of payment , by using the single european emergency call number ' 112 ' and any national emergency call number specified by member states . 1a . member states shall ensure that all users of private electronic communication networks are able to call the emergency services , or , where applicable , the internal emergency services , free of charge , by using the single european emergency call number “112” and any national emergency call number specified by the member states . 2 . member states , in consultation with national regulatory authorities , emergency services and providers , shall ensure that undertakings providing end - users with an electronic communications service for originating national calls to a number or numbers in a national telephone numbering plan provide access to emergency services . 3 . member states shall ensure that calls to the single european emergency call number ' 112 ' are appropriately answered and handled in the manner best suited to the national organisation of emergency systems . such calls shall be answered and handled at least as expeditiously and effectively as calls to the national emergency number or numbers , where these continue to be in use . the commission , in consultation with the relevant competent authorities , shall adopt a recommendation on performance indicators for member states . the commission shall submit to the european parliament and the council a report on the effectiveness of the implementation of the european emergency call number ' 112 ' and on the functioning of the performance indicators by the 31 december 2015 and every two years thereafter . 4 . member states shall ensure that access for disabled end - users to emergency services is equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 17 of directive 2002 / 21 / ec , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . 5 . member states shall ensure that undertakings concerned make caller location information available free of charge to the authority handling emergency calls as soon as the call reaches that authority . this shall apply to all calls to the single european emergency call number ' 112 ' . member states may extend this obligation to cover calls to national emergency numbers . the commission shall ensure that competent regulatory authorities shall lay down criteria for the accuracy and reliability of the location information provided in accordance with paragraph 7 and taking utmost account of the berec guidelines . by berec , after consulting relevant stakeholders and in close cooperation with the commission , shall lay down guidelines for the criteria for the accuracy and reliability of the caller location information provided to emergency services . those guidelines shall take into account the feasibility of using a mobile terminal equipped with a gnss devices of mobile terminals in order to improve the accuracy and reliability of the caller location information of a “112” call . 6 . member states and the commission shall ensure that citizens are adequately informed about the existence and use of the single european emergency call number ' 112 ' , in particular through initiatives specifically targeting persons travelling between member states . the commission shall support and complement member states ' action . 7 . in order to ensure the effective access to ' 112 ' services in the member states , the commission , having consulted berec , shall be empowered to adopt delegated acts in accordance with article 37a concerning caller location criteria and key performance indicators on access to “112” . however , these measures shall be adopted without prejudice to , and shall have no impact on , the organisation of emergency services , which remains of the exclusive competence of member states . 7a . the commission shall maintain a database of e . 164 numbers of european emergency services to ensure that they are able to contact each other from one member state to another . ’ ;


### ‘ 1 . member states shall ensure that all subscribers with numbers from the national telephone numbering plan who so request can retain their number independently of the undertaking providing the service in accordance with the provisions of part c of annex i . 2 . national regulatory authorities shall ensure that pricing between operators and / or service providers related to the provision of number portability is cost - oriented , and that direct charges to subscribers , if any , do not act as a disincentive for subscribers against changing service provider . 3 . national regulatory authorities shall not impose retail tariffs for the porting of numbers in a manner that would distort competition , such as by setting specific or common retail tariffs . ' 4 . porting of numbers and their subsequent activation shall be carried out within the shortest possible time . in any case , subscribers who have concluded an agreement to port a number to a new undertaking shall have that number activated within one working day . without prejudice to the first subparagraph , competent national authorities may establish the global process of porting of numbers , taking into account national provisions on contracts , technical feasibility and the need to maintain continuity of service to the subscriber . in any event , loss of service during the process of porting shall not exceed one working day . competent national authorities shall also take into account , where necessary , measures ensuring that subscribers are protected throughout the switching process and are not switched to another provider against their will . member states shall ensure that appropriate sanctions on undertakings are provided for , including an obligation to compensate subscribers in case of delay in porting or abuse of porting by them or on their behalf . 5 . member states shall ensure that contracts concluded between consumers and undertakings providing electronic communications services do not mandate an initial commitment period that exceeds 24 months . member states shall also ensure that undertakings offer users the possibility to subscribe to a contract with a maximum duration of 12 months . 6 . without prejudice to any minimum contractual period , member states shall ensure that conditions and procedures for contract termination do not act as a disincentive against changing service provider . ’ ### article 30 is replaced by the following : ‘ 1 . member states shall ensure that all subscribers with numbers from the national telephone numbering plan who so request can retain their number independently of the provider of electronic communications to the public providing the service in accordance with the provisions of part c of annex i . ’ 2 . national regulatory authorities shall ensure that pricing between operators and / or service providers related to the provision of number portability is cost - oriented , and that direct charges to subscribers , if any , do not act as a disincentive for subscribers against changing service provider . 3 . national regulatory authorities shall not impose retail tariffs for the porting of numbers in a manner that would distort competition , such as by setting specific or common retail tariffs . 4 . porting of numbers and their subsequent activation shall be carried out within the shortest possible time . for end - users who have concluded an agreement to port a number to a new provider that number shall be activated within one working day . without prejudice to the first subparagraph , competent national authorities may establish the global process of switching and porting of numbers taking into account the berec guidelines referred to in paragraph 4b . they shall take into account necessary end - user protection throughout the switching process , the need to ensure the efficiency of such a process for the end - user , the need to maintain continuity of service to the end - user and the need to ensure that switching processes are not harmful to competition . in any event , loss of service during the process of porting shall not exceed one working day . end - users shall not be switched to another provider against their will . member states shall ensure that appropriate sanctions on undertakings are provided for , including an obligation to compensate subscribers in case of delay in porting , of not making available information necessary for porting in a timely manner , or abuse of porting by them or on their behalf . 4a . the receiving provider of electronic communications to the public shall lead the switching and porting process . end - users shall receive adequate information on switching before and during the switching process , and also immediately after it is concluded . 4b . berec shall lay down guidelines on all the modalities and procedures of the switching and porting process , in particular the respective responsibilities of the receiving and transferring provider in the process of switching and porting , information to be provided to consumers during that process , timely termination of an existing contract the refund of any pre - payments and effective e - mail forwarding services . 4c . if a bundle of services offered to consumers comprises at least a connection to an electronic communications network or an electronic communications service , the provisions of this article shall apply to all elements of the bundle . ’ ;


### ‘ 1 . name and address of undertaking i . e . names and head office addresses of undertakings providing public communications networks and / or publicly available telephone services . ’ ### in annex ii , point 1 is replaced by the following : ‘ 1 . name , address and contact information of undertaking i . e . names and head office addresses of undertakings providing public communications networks and / or publicly available telephone services . ’ ;


### ‘ 2 . 2 . standard tariffs indicating the services provided and the content of each tariff element , and including details of standard discounts applied and special and targeted tariff schemes and any additional charges , as well as costs with respect to terminal equipment . ’ ### in annex ii , point 2 . 2 is replaced by the following : ‘ 2 . 2 . for each tariff plan , the services provided and the relevant quality of service parameters , the applicable tariff plan and , for each such tariff plan , the types of services offered , including the volumes of communications , and any applicable charges , as well as costs with respect to terminal equipment . ’ ;


### ‘ 2 . 5 . standard contract conditions , including any minimum contractual period , termination of the contract and procedures and direct charges related to the portability of numbers and other identifiers , if relevant . ’ ### in annex ii , point 2 . 5 is replaced by the following : ‘ 2 . 5 . standard contract terms and conditions , including any minimum contractual period , the conditions for and any charges due on early termination of the contract , the procedures and direct charges related to the switching and portability of numbers and other identifiers , if relevant , and compensation arrangements for delay or abuse of switching . ’ .


### ‘ article 19 review the commission shall review the functioning of this regulation and , after a public consultation , shall report to the european parliament and the council by 30 june 2016 . the commission shall evaluate in particular whether the objectives of this regulation have been achieved . in so doing , the commission shall review , inter alia : whether competition has sufficiently developed in order to justify the expiry of maximum retail charges ; whether competition will be sufficient for the removal of maximum wholesale charges ; the developments and expected future trends in wholesale and retail charges for the provision to roaming customers of voice , sms and data communication services , in comparison to the charges for mobile communications services at domestic level in the member states , both for pre - paid and post - paid customers separately , and in the quality and speed of these services ; the availability and quality of services including those which are an alternative to voice , sms and data roaming services , in particular in the light of technological developments ; the extent to which consumers have benefited through real reductions in the price of roaming services , the variety of tariffs and products which are available to consumers with different calling patterns , and the difference between roaming and national tariffs , including the availability of offers providing a single tariff for national and roaming services ; the degree of competition in both the retail and wholesale markets , in particular the competitive situation of smaller , independent or newly started operators , including the competition effects of commercial agreements and the degree of interconnection between operators ; the extent to which the implementation of the structural measures provided for in articles 3 and 4 has produced results in developing competition in the internal market for roaming services to the extent that the difference between roaming and national tariffs has approached zero ; the extent to which the level of wholesale and retail maximum charges has provided adequate safeguards against excessive prices for consumers while allowing the development of competition in the internal market for roaming services . 2 . if the report shows that the structural measures provided for by this regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all european consumers or that the differences between roaming tariffs and national tariffs have not approached zero , the commission shall make appropriate proposals to the european parliament and the council to address this situation and thus achieve an internal market for mobile communication services , ultimately with there being no difference between national and roaming tariffs . the commission shall examine , in particular , whether it is necessary : to lay down additional technical and structural measures ; to modify the structural measures ; to extend the duration and possibly revise the level of the maximum retail charges provided for in articles 8 , 10 and 13 ; to change the duration or revise the level of maximum wholesale charges provided for in articles 7 , 9 and 12 ; to introduce any other necessary requirements , including non - differentiation of roaming and national tariffs . 3 . in addition , the commission shall submit a report to the european parliament and the council every two years after the report referred to in paragraph 1 . each report shall include a summary of the monitoring of the provision of roaming services in the union and an assessment of the progress towards achieving the objectives of this regulation , including by reference to the matters referred to in paragraphs 1 and 2 . 4 . in order to assess the competitive developments in the union - wide roaming markets , berec shall regularly collect data from national regulatory authorities on the development of retail and wholesale charges for voice , sms and data roaming services . those data shall be notified to the commission at least twice a year . the commission shall make them public . berec shall also annually collect information from national regulatory authorities on transparency and comparability of different tariffs offered by operators to their customers . the commission shall make those data and findings public . ’ ### article 19 is replaced by the following : ‘ article 19 review the commission shall review the functioning of this regulation and shall report to the european parliament and the council in accordance with paragraphs 2 to 6 . 1a . the commission shall , by 31 september 2015 , after a public consultation , report to the european parliament and the council on whether to change the duration or revise the level of maximum wholesale charges provided for in articles 7 , 9 and 12 . the commission shall also , after consulting berec , make appropriate legislative proposal in order to harmonise mobile termination rates throughout the union by 31 december 2015 . 1b . the commission shall , by 30 june 2016 , after a public consultation , report to the european parliament and the council on , inter alia : whether competition has sufficiently developed in order to justify the expiry of maximum retail charges ; whether competition will be sufficient for the removal of maximum wholesale charges ; the developments and expected future trends in wholesale and retail charges for the provision to roaming customers of voice , sms and data communication services , in comparison to the charges for mobile communications services at domestic level in the member states , both for pre - paid and post - paid customers separately , and in the quality and speed of these services ; the availability and quality of services including those which are an alternative to voice , sms and data roaming services , in particular in the light of technological developments ; the extent to which consumers have benefited through real reductions in the price of roaming services , the variety of tariffs and products which are available to consumers with different calling patterns , and the difference between roaming and national tariffs , including the availability of offers providing a single tariff for national and roaming services ; the degree of competition in both the retail and wholesale markets , in particular the competitive situation of smaller , independent or newly started operators , including the competition effects of commercial agreements and the degree of interconnection between operators ; the extent to which the implementation of the structural measures provided for in articles 3 and 4 has produced results in developing competition in the internal market for roaming services to the extent that the difference between roaming and national tariffs has approached zero ; the extent to which the level of wholesale and retail maximum charges has provided adequate safeguards against excessive prices for consumers while allowing the development of competition in the internal market for roaming services . 2 . if the report referred to in paragraph 2 shows that there is a need to change the duration or revise the level of maximum wholesale charges , the commission shall , by 31 december 2015 , and after consulting berec , make appropriate proposal to the european parliament and the council to address this situation . if the report , referred to in paragraph 3 , shows that the structural measures provided for by this regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all european consumers or that the differences between roaming tariffs and national tariffs have not approached zero , the commission shall , by 31 december 2015 , make appropriate proposals to the european parliament and the council to address this situation and thus achieve an internal market for mobile communication services , ultimately with there being no difference between national and roaming tariffs . 3 . in addition , the commission shall submit a report to the european parliament and the council every two years after the report referred to in paragraph 1 . each report shall include a summary of the monitoring of the provision of roaming services in the union and an assessment of the progress towards achieving the objectives of this regulation , including by reference to the matters referred to in paragraphs 2 and 3 . 4 . in order to assess the competitive developments in the union - wide roaming markets , berec shall regularly collect data from national regulatory authorities on the development of retail and wholesale charges for voice , sms and data roaming services . those data shall be notified to the commission at least twice a year . the commission shall make them public . berec shall also annually collect information from national regulatory authorities on transparency and comparability of different tariffs offered by operators to their customers . the commission shall make those data and findings public . ’


### in order to promote the treaty objectives of economic , social and territorial cohesion , the ‘ investment for growth and jobs’ goal should support all regions . to provide balanced and gradual support and reflect the level of economic and social development , resources under that goal should be allocated from the erdf and the esf among the less developed regions , the transition regions and the more developed regions according to their gross domestic product per capita in relation to the eu average . in order to ensure the long - term sustainability of investment from the structural funds , regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita has grown to more than 75% of the eu - 27 average should receive at least two thirds of their 2007 - 2013 allocation . member states whose per capita gross national income is less than 90 % of that of the union average should benefit under the ‘ investment for growth and jobs’ goal from the cf . ### in order to promote the treaty objectives of economic , social and territorial cohesion , the ‘ investment for growth and jobs’ goal should support all regions . to provide balanced and gradual support and reflect the level of economic and social development , resources under that goal should be allocated from the erdf and the esf among the less developed regions and the more developed regions according to their gross domestic product per capita in relation to the eu average . in order to ensure the long - term sustainability of investment from the structural funds , regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita has grown to more than 75% of the eu - 27 average should receive at least two thirds of their 2007 - 2013 allocation . member states whose per capita gross national income is less than 90 % of that of the union average should benefit under the ‘ investment for growth and jobs’ goal from the cf .


### mechanisms for ensuring the coherence and consistency of the programming of the csf funds with the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty . ### mechanisms for ensuring the coherence and consistency of the programming of the csf funds with the national reform programmes and other relevant strategies ;


### member states shall concentrate support , in accordance with the fund - specific rules , on actions bringing the greatest added value in relation to the union strategy for smart , sustainable and inclusive growth , addressing the challenges identified in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty , and taking into account national and regional needs . ### member states shall concentrate support , in accordance with the fund - specific rules , on actions bringing the greatest added value in relation to the union strategy for smart , sustainable and inclusive growth , addressing the challenges identified in the country - specific recommendations under article 121 of the treaty as translated to the national and regional context by the national reform programmes and other strategies .


### the three categories of regions are determined on the basis of how their gdp per capita , measured in purchasing power parities and calculated on the basis of union figures for the period 2006 to 2008 , relates to the average gdp of the eu - 27 for the same reference period . ### the two categories of regions are determined on the basis of how their gdp per capita , measured in purchasing power parities and calculated on the basis of union figures for the period 2006 to 2008 , relates to the average gdp of the eu - 27 for the same reference period .


### since the objective of this directive , namely reinforcing investor protection in the financial statements published by undertakings by further enhancing the quality of statutory audits that are performed within the union cannot be sufficiently achieved by member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , namely reinforcing investor confidence in the truthfulness and fairness of the financial statements published by undertakings by further enhancing the quality of statutory audits that are performed within the union cannot be sufficiently achieved by member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective .


### “competent authorities” means the authorities designated by law that are in charge of the regulation and / or oversight of statutory auditors and audit firms or of specific aspects thereof ; the reference to “competent authority” in a specific article means a reference to the authority responsible for the functions referred to in that article ; ### “competent authorities or bodies designated by law” means the authorities designated by law that are in charge of the regulation and / or oversight of statutory auditors and audit firms or of specific aspects thereof ; the reference to “competent authority” in a specific article means a reference to the authority responsible for the functions referred to in that article ;


### the commission shall be empowered to adopt delegated acts in accordance with article 48a for the purpose of amending the definition of international auditing standards in paragraph 2 of this article . when using such powers , the commission shall take into account any amendments brought to the isas by the ifac , the opinion of the public interest oversight board on such amendments as well as any other developments in auditing and the audit profession . ### the commission shall be empowered to adopt delegated acts in accordance with article 48a for the purpose of amending the definition of international auditing standards in paragraph 2 of this article . when using such powers , the commission shall take into account any amendments brought to the isas by the iaasb , the opinion of the public interest oversight board on such amendments as well as any other developments in auditing and the audit profession .


### member states may request professional bodies to provide guidance on the proportionate application of the auditing standards to medium - sized undertakings . ### member states shall request professional bodies to provide guidance on the proportionate application of the auditing standards to medium - sized undertakings .


### with the entry into force of the lisbon treaty , the union has acquired exclusive competence for the conclusion of international agreements on investment protection . the union is already party to the energy charter treaty which provides for investment protection . ### with the entry into force of the lisbon treaty , the union has acquired exclusive competence for the conclusion of international agreements on the protection of foreign direct investment according to article 207 tfeu . the union is already party to the energy charter treaty which provides for investment protection .


### where the union has international responsibility for the treatment afforded , it will be expected , as a matter of international law , to pay any adverse award and bear the costs of any dispute . however , an adverse award may potentially flow either from treatment afforded by the union itself or from treatment afforded by a member state . it would as a consequence be inequitable if awards and the costs of arbitration were to be paid from the union budget where the treatment was afforded by a member state . it is therefore necessary that financial responsibility be allocated , as a matter of union law , and without prejudice to the international responsibility of the union , between the union and the member state responsible for the treatment afforded on the basis of criteria established by this regulation . ### where the union , as an entity having legal personality , has international responsibility for the treatment afforded , it will be expected , as a matter of international law , to pay any adverse award and bear the costs of any dispute . however , an adverse award may potentially flow either from treatment afforded by the union itself or from treatment afforded by a member state . it would as a consequence be inequitable if awards and the costs of arbitration were to be paid from the budget of the european union where the treatment was afforded by a member state . it is therefore necessary that financial responsibility be allocated , as a matter of union law , and without prejudice to the international responsibility of the union , between the union itself and the member state responsible for the treatment afforded on the basis of criteria established by this regulation .


### financial responsibility should be allocated to the entity responsible for the treatment found to be inconsistent with the relevant provisions of the agreement . this means that the union should bear the financial responsibility where the treatment concerned is afforded by an institution , body or agency of the union . the member state concerned should bear the financial responsibility where the treatment concerned is afforded by a member state . however , where the member state acts in a manner required by the law of the union , for example in transposing a directive adopted by the union , the union should bear financial responsibility in so far as the treatment concerned is required by union law . the regulation also needs to foresee the possibility that an individual case could concern both treatment afforded by a member state and treatment required by union law . it will cover all actions taken by member states and by the european union . ### financial responsibility should be allocated to the entity responsible for the treatment found to be inconsistent with the relevant provisions of the agreement . this means that the union itself should bear the financial responsibility where the treatment concerned is afforded by an institution , body or agency of the union or any other legal entity acting on behalf of the union . the member state concerned should bear the financial responsibility where the treatment concerned is afforded by that member state . however , where the member state acts in a manner required by the law of the union and fully complies with its obligations under the union law , for example in transposing a directive adopted by the union , the union itself should bear financial responsibility in so far as the treatment concerned is required by union law . the regulation also needs to foresee the possibility that an individual case could concern both treatment afforded by a member state and treatment required by union law . it will cover all actions taken by member states and by the european union . in such a case , the member states and the union should bear financial responsibility for the specific treatment afforded by either of them .


### on the other hand , where a member state would bear the potential financial responsibility arising from a dispute , it is appropriate , as a matter of principle , to permit such member state to act as respondent in order to defend the treatment which it has afforded to the investor . the arrangements set down in this regulation provide for that . this has the significant advantage that the union budget and union resources would not be burdened , even temporarily , by either the costs of litigation or any eventual award made against the member state concerned . ### on the other hand , where a member state would bear the potential financial responsibility arising from a dispute , it is equitable and appropriate , as a matter of principle , to permit such member state to act as respondent in order to defend the treatment which it has afforded to the investor . the arrangements set down in this regulation provide for that . this has the significant advantage that the budget of the european union and union non - financial resources would not be burdened , even temporarily , by either the costs of litigation or any eventual award made against the member state concerned .


### in certain circumstances , it is essential , in order to ensure that the interests of the union can be appropriately safeguarded , that the union itself act as a respondent in disputes involving treatment afforded by a member state . this may be so in particular where the dispute also involves treatment afforded by the union , where it appears that the treatment afforded by a member state is required by union law , where it is likely that similar claims may be brought against other member states or where the case involves unsettled issues of law , the resolution of which may have an impact on possible future cases against other member states or the union . where a dispute concerns partially treatment afforded by the union , or required by union law , the union should act as a respondent , unless the claims concerning such treatment are of minor importance , having regard to the potential financial responsibility involved and the legal issues raised , in relation to the claims concerning treatment afforded by the member state . ### in certain circumstances , it is essential , in order to ensure that the interests of the union can be appropriately safeguarded , that the union itself acts as a respondent in disputes involving treatment afforded by a member state . this may be so in particular in the following cases : where the dispute also involves partially treatment afforded by the union ; where it appears that the treatment afforded by a member state is required by union law ; where a similar claim has been lodged , and where it is likely that other similar claims may be brought , against other member states ; or where the case involves unsettled issues of law , the resolution of which may have an impact on ongoing or possible future cases against other member states and / or the union . where a dispute concerns partially treatment afforded by the union , or required by union law , the union should act as a respondent , unless the claims concerning such treatment are of minor importance , having regard to the potential financial responsibility involved and the legal issues raised , in relation to the claims concerning treatment afforded by the member state .


### it is appropriate that the commission decide , within the framework set down in this regulation , whether the union should be the respondent or whether a member state should act as respondent . ### in order to create a workable system , the commission should decide , within the framework set down in this regulation , whether the union should be the respondent or whether a member state should act as respondent and inform the european parliament and the council of any such decision as part of its annual reporting on the implementation of this regulation .


### a member state may at any time accept that it would be financially responsible in the event that compensation is to be paid . in such a case the member state and the commission may enter into arrangements for the periodic payment of costs and for the payment of any compensation . such acceptance does not imply that the member state accepts that the claim under dispute is well founded . the commission should be able to adopt a decision requiring the member state to make provision for such costs . in the event that the tribunal awards costs to the union , the commission should ensure that any advance payment of costs is immediately reimbursed to the member state concerned . ### without prejudice to the outcome of the arbitration proceedings , a member state may at any time accept that it would be financially responsible in the event that compensation is to be paid . in such a case the member state and the commission may enter into arrangements for the periodic payment of costs and for the payment of any compensation . such acceptance does not imply in any legal manner that the member state accepts that the claim under dispute is well founded . the commission may in such a case adopt a decision requiring the member state to make provision for such costs . in the event that the tribunal awards costs to the union , the commission should ensure that any advance payment of costs is immediately reimbursed to the member state concerned .


### in some cases , it may be appropriate to reach a settlement in order to avoid costly and unnecessary arbitration . it is necessary to lay down a procedure for making such settlements . such a procedure should permit the commission , acting in accordance with the examination procedure , to settle a case where this would be in the interests of the union . where the case concerns treatment afforded by a member state , it is appropriate that there should be close co - operation and consultations between the commission and the member state concerned . the member state should remain free to settle the case at all times , provided that it accepts full financial responsibility and that any such settlement is consistent with union law and not against the interests of the union . ### in some cases , it may be appropriate to reach a settlement in order to avoid costly and unnecessary arbitration . it is necessary to lay down an effective and swift procedure for making such settlements . such a procedure should permit the commission , acting in accordance with the examination procedure , to settle a case where this would be in the interests of the union . where the case concerns treatment afforded by a member state , it is appropriate that there should be close co - operation and consultations between the commission and the member state concerned , including on the proceedings of the settlement procedure and on the amount of the monetary compensation . the member state should remain free to settle the case at all times , provided that it accepts full financial responsibility and that any such settlement is consistent with union law and not against the interests of the union as a whole .


### the commission should consult closely with the member state concerned in order to reach agreement on the apportionment of financial responsibility . where the commission determines that a member state is responsible , and the member state does not accept that determination , the commission should pay the award , but should address a decision to the member state requesting it to provide the amounts concerned to the budget of the european union , together with applicable interest . the interest payable should be that set down pursuant to [ article 71 of council regulation no 1605 / 2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities as amended ] . article 263 of the treaty is available in cases where a member state considers that the decision falls short of the criteria set out in this regulation . ### the commission should consult closely with the member state concerned in order to reach agreement on the apportionment of financial responsibility . where the commission determines that a member state is responsible , and the member state does not accept that determination , the commission should pay the award , but should address a decision to the member state requesting it to provide the amounts concerned to the budget of the european union , together with applicable interest . the interest payable should be that set down pursuant to article 78 of council regulation no 966 / 2012 of the european parliament and the council of 25 october 2012 on the financial rules applicable to the general budget of the union . article 263 of the treaty is available in cases where a member state considers that any decision taken by the commission pursuant to regulation no 966 / 2012 of the european parliament and of the council falls short of the criteria set out in this regulation .


### the union budget should provide coverage of the expenditure resulting from agreements concluded pursuant to article 218 of the treaty providing for investor - state dispute settlement . where member states have financial responsibility pursuant to this regulation , the union should be able to either accumulate the contributions of the member state concerned first before implementing the relevant expenditure or implement the relevant expenditure first and be reimbursed by the member states concerned after . use of both of these mechanisms of budgetary treatment should be possible , depending on what is feasible , in particular in terms of timing . for both mechanisms , the contributions or reimbursements paid by the member states should be treated as internal assigned revenue of the union budget . the appropriations arising from this internal assigned revenue should not only cover the relevant expenditure but they should also be eligible for replenishment of other parts of the union budget which provided the initial appropriations to implement the relevant expenditure under the second mechanism . ### the budget of the european union should provide coverage of the expenditure resulting from agreements concluded pursuant to article 218 of the treaty providing for investor - state dispute settlement . where member states have financial responsibility pursuant to this regulation , the union should be able to either accumulate the contributions of the member state concerned first before implementing the relevant expenditure or implement the relevant expenditure first and be reimbursed by the member states concerned after . use of both of these mechanisms of budgetary treatment should be possible , depending on what is feasible , in particular in terms of timing . for both mechanisms , the contributions or reimbursements paid by the member states should be treated as internal assigned revenue of the budget of the european union . the appropriations arising from this internal assigned revenue should not only cover the relevant expenditure but they should also be eligible for replenishment of other parts of the budget of the european union which provided the initial appropriations to implement the relevant expenditure under the second mechanism .


### ‘ dispute’ means a claim brought by a claimant against the union pursuant to an agreement and on which an arbitration tribunal will rule ; ### ‘ dispute’ means a claim brought by a claimant against the union or a member state pursuant to an agreement and on which an arbitration tribunal will rule ;


### as soon as the commission receives notice by which a claimant states its intention to initiate arbitration proceedings , in accordance with the provisions of an agreement , it shall notify the member state concerned . ### as soon as the commission receives notice by which a claimant states its intention to initiate arbitration proceedings , in accordance with the provisions of an agreement , it shall notify the member state concerned and inform the european parliament and the council .


### the commission shall inform the other member states and the european parliament of any dispute in which this article is applied and the manner in which it has been applied . ### the commission shall inform the european parliament and the council of any dispute in which this article is applied and the manner in which it has been applied .


### when an agreement , or the rules referred to therein , provide for the possibility of annulment , appeal or review of a point of law included in an arbitration award , the commission may where it considers that the consistency or correctness of the interpretation of the agreement so warrant , require the member state to lodge an application for such annulment , appeal or review . in such circumstances , representatives of the commission shall form part of the delegation and may express the views of the union as regards the point of law in question . ### when an agreement , or the rules referred to therein , provide for the possibility of annulment , appeal or review of a point of law included in an arbitration award , the commission may where it considers it to be in the overriding interests of the union to do so and after consultations with the member state concerned , require the member state to lodge an application for such annulment , appeal or review . in such circumstances , representatives of the commission shall form part of the delegation and may express the views of the union as regards the point of law in question .


### within three months of receipt of the request for payment of the final award or settlement , the commission shall adopt a decision addressed to the member state concerned , determining the amount to be paid by that member state . ### within three months of receipt of the request for payment of the final award or settlement , the commission shall adopt , in accordance with the advisory procedure set out in article 20 , a decision addressed to the member state concerned , determining the amount to be paid by that member state . the commission shall inform the european parliament and council about such decision and its financial reasoning .


### unless the member state concerned objects to the commission ' s determination within one month , the member state concerned shall compensate the budget of the union for the payment of the award or the settlement no later than three months after the commission ' s decision . the member state concerned shall be liable for any interest due at the rate applying to other monies owed to the budget of the union . ### unless the member state concerned objects to the commission ' s determination within one month , the member state concerned shall compensate with the equivalent amount the budget of the european union for the payment of the award or the settlement no later than three months after the commission ' s decision . the member state concerned shall be liable for any interest due at the rate applying to other monies owed to the budget of the union .


### the commission shall submit a report on the operation of this regulation to the european parliament and the council at regular intervals . the first report shall be submitted no later than three years after the entry into force of this regulation . subsequent reports shall be submitted every three years thereafter . ### the commission shall submit a report on the operation of this regulation to the european parliament and the council at regular intervals . the first report shall be submitted no later than three years after the entry into force of this regulation and include a detailed overview of awards paid by the european union and beneficiaries to whom the awards were paid . subsequent reports shall be submitted every three years thereafter unless the budgetary authority , comprised of the european parliament and the council , decides otherwise .


### having regard to the treaty on the functioning of the european union , and in particular article 43 , article 114 and article 168 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 13 , article 43 , article 114 and article 168 thereof ,


### the rules laid down in the legislative acts referred to in recital 154 are to be replaced by this regulation and by subsequent commission acts to be adopted pursuant to this regulation . accordingly , those legislative acts should be repealed . however , to ensure legal clarity and avoid a legal vacuum , the repeal should only take effect when the relevant delegated and implementing acts are adopted pursuant to this regulation . it is therefore necessary to provide the commission with the empowerment to determine the dates when the repeal of those legislative acts should take effect . ### the rules laid down in the legislative acts referred to in recital 154 are to be replaced by this regulation and by subsequent commission acts to be adopted pursuant to this regulation . accordingly , those legislative acts should be repealed , except very recent and still under negotiation ones . in order to ensure legal clarity and avoid a legal vacuum , the repeal should only take effect when the relevant delegated and implementing acts are adopted pursuant to this regulation . it is therefore necessary to provide the commission with the empowerment to determine the dates when the repeal of those legislative acts should take effect .


### in order to ensure legal certainty as regards the application of rules for identification and registration of animals , disease control measures for certain zoonoses and non - commercial movements of pet animals , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the date on which regulations no 1760 / 2000 , no xxx / xxx [ ex - 998 / 2003 ] and no 21 / 2004 and directives 92 / 66 / eec , 2000 / 75 / ec , 2001 / 89 / ec , 2002 / 60 / ec , 2003 / 85 / ec , 2005 / 94 / ec and 2008 / 71 / ec cease to apply . ### in order to ensure legal certainty as regards the application of rules for identification and registration of animals , disease control measures for certain zoonoses and non - commercial movements of pet animals , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the date on which regulations no xxx / xxx [ ex - 998 / 2003 ] and no 21 / 2004 and directives 92 / 66 / eec , 2000 / 75 / ec , 2001 / 89 / ec , 2002 / 60 / ec , 2003 / 85 / ec , 2005 / 94 / ec and 2008 / 71 / ec cease to apply .


### ‘ operator’ means a natural or legal person , having animals and products under their responsibility , including animal keepers and transporters , but excluding pet keepers and veterinarians ; ### ‘ operator’ means a natural or legal person , having animals and products under their responsibility , including animal keepers , transporters and those engaged in the commercial breeding and sale of animals , but excluding pet keepers and veterinarians ;


### ‘ establishment’ means any premises , structure , or any environment , in which animals or germinal products are kept , except for : ### ‘ establishment’ means any premises , structure , or any place , in which animals or germinal products are kept , except for :


### the competent authority may delegate one or more of the following activities to veterinarians : ### the competent authority may delegate one or more of the following activities to veterinarians , animal health professionals or other relevant stakeholders :


### the designation or where relevant , approval of a food business establishment for the purposes of the slaughtering of animals or the treatment of products of animal origin originating from the restricted zones ; ### the designation or where relevant , approval of a food business establishment for the purposes of the slaughtering , using pre - stunning , of animals or the treatment of products of animal origin originating from the restricted zones ;


### operators of establishments keeping terrestrial animals or collecting , producing , processing or storing germinal products shall , in order to be registered in accordance with article 88 , before they commence such activities : ### operators of establishments keeping terrestrial animals or collecting , producing , processing or storing germinal products shall , before they commence such activities in order to get the establishment registered in accordance with article 88 :


### operators of slaughterhouses receiving kept ungulates and poultry from another member state shall slaughter those animals as soon as possible following their arrival and at the latest within a timeframe to be laid down in delegated acts adopted pursuant to paragraph 2 . ### operators of slaughterhouses receiving kept ungulates and poultry from another member state shall slaughter , using pre - stunning , those animals as soon as possible following their arrival and at the latest within a timeframe to be laid down in delegated acts adopted pursuant to paragraph 2 .


### transitional measures related to the repeal of regulation no 1760 / 2000 , regulation no 21 / 2004 and directive 2008 / 71 / ec ### transitional measures related to the repeal of regulation no 21 / 2004 and directive 2008 / 71 / ec


### notwithstanding article 258 of this regulation , regulations no 1760 / 2000 , and no 21 / 2004 and directive 2008 / 71 / ec shall continue to apply until the date to be determined in a delegated act adopted in accordance with paragraph 2 of this article . ### notwithstanding article 258 of this regulation , regulation no 21 / 2004 and directive 2008 / 71 / ec shall continue to apply until the date to be determined in a delegated act adopted in accordance with paragraph 2 of this article .


### to ensure that rightholders are in a position to monitor the performance of their collecting societies and compare their respective performance , collecting societies should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies . collecting societies should also make public an annual special report on the use of amounts dedicated to social , cultural and educational services . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from certain transparency obligations . ### to ensure that rightholders are in a position to monitor the performance of their collecting management organisations and compare their respective performance , collecting management organisations should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting management organisations . collecting management organisations should also make public an annual special report on the use of amounts dedicated to social , cultural and educational services . to avoid imposing excessive burdens on smaller collecting management organisations , in line with better regulation commitments and to make the obligations arising from this directive proportionate , member states should exclude the smallest collecting management organisations from having to organise such a supervisory function .


### 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 collecting management organisations , 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 management organisations of multi - territorial collective licensing of authors ' online rights in musical works , thereby enhancing consumer choice and advancing towards completion of the digital single market . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting 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 collecting management organisation to request another collecting 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 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 .


### collecting societies shall inform their members of their rights under paragraphs 1 to 6 within six months of the transposition date of this directive . ### collecting management organisations shall inform their members of their rights under paragraphs 1 to 6 within four months of the transposition date of this directive .


### member states may decide that paragraphs 1 and 2 shall not apply to a collecting society which on its balance sheet date does not exceed the limits of two of the three following criteria : ### paragraphs 1 and 2 shall not apply to a collecting management organisation which on its balance sheet date does not exceed the limits of two of the three following criteria :


### member states may decide that points 1 , and of annex i shall not apply to a collecting society which on its balance sheet date does not exceed the limits of two of the three following criteria : ### points 1 , and of annex i shall not apply to a collecting management organisation which on its balance sheet date does not exceed the limits of two of the three following criteria :


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after three years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting management organisation has taken all necessary measures to identify and locate the rightholders , member states shall be responsible for deciding on how best to allocate undistributed monies , including allowing the collecting management organisations to distribute the monies among their members .


### member states shall ensure that collecting societies make available to their members and rightholders effective and timely procedures for dealing with complaints and for resolving disputes in particular in relation to authorisation to manage rights and termination or withdrawal of rights , membership terms , the collection of amounts due to rightholders , deductions and distributions . ### member states shall ensure that collecting management organisation make available to their members and rightholders effective and timely procedures for dealing with complaints and for resolving disputes in particular in relation to authorisation to manage rights and termination or withdrawal of rights , membership terms , the collection of amounts due to rightholders , deductions and distributions . the procedures for dealing with complaints and for resolving disputes shall be independent .


### as recent experiences have demonstrated , transmissible animal diseases may also have a significant impact on public health , as for example in the case of avian influenza and salmonella . ### as recent experiences have demonstrated , transmissible animal diseases may also have a significant impact on public health and food safety , as for example in the case of avian influenza and salmonella .


### in laying down those animal health rules , it is essential that considerations are given to the link between animal health and public health , the environment , food and feed safety , animal welfare , food security , economic , social and cultural aspects . ### in laying down those animal health rules , it is essential that considerations are given to the link between animal health and public health , the environment , food and feed safety , food security , economic , social , cultural aspects and especially animal welfare , given the interdependency of animal welfare and animal health .


### the effective functioning of the internal market ; ### the effective functioning of the internal market , and food and feed safety ;


### a reduction in the adverse effects on the environment of : ### a reduction in the adverse effects on animal health , public health and the environment of :


### – certain diseases ; ### – certain diseases and risk factors leading up to diseases ;


### ‘ disease’ means the occurrence of infections and infestations in animals , with or without clinical or pathological manifestations , caused by one or more disease agents transmissible to animals or to humans ; ### ‘ disease’ means the occurrence of infections and infestations in animals , with or without clinical or pathological manifestations , caused by one or more disease agents transmissible to animals or to humans . for the purposes of this regulation , microorganisms that have developed resistance to antimicrobials should also be considered a ' disease ' ;


### ‘ biosecurity’ means the sum of management and physical measures designed to reduce the risk of the introduction , development and spread of diseases to , from and within : ### ‘ biosecurity’ means the sum of management and physical measures designed to reduce the risk of the introduction , development and spread of diseases or microorganisms that have developed resistance to antimicrobials to , from and within :


### the commission shall be empowered to adopt delegated acts in accordance with article 253 concerning the qualifications of veterinarians and aquatic animal health professionals undertaking activities which fall within the scope of this regulation . ### the commission shall adopt guidance concerning the qualifications of veterinarians , aquatic animal health professionals and bee health professionals undertaking activities which fall within the scope of this regulation .


### natural and legal persons shall immediately notify : ### animal professionals , operators and pet keepers shall immediately notify a veterinarian of abnormal mortalities and other serious disease signs or significant decreased production rates with an undetermined cause in animals .


### ‘ life cycle’ means all consecutive and / or interlinked stages , including production , transport , use and maintenance , throughout the existence of a product or a works or the provision of a service , from raw material acquisition or generation of resources to disposal , clearance and finalisation . ### ‘ life cycle’ means monetising , wherever possible , the full costs associated with the public procurement , including maintenance and resource efficiency costs , end - of - life recycling costs , and social impact costs where these relate to performance of the contract . efficient design , planning and use of electronic means can also be included in life cycle monetisation . for the purposes of public procurement , the life cycle runs from the point of purchase throughout the lifetime of the works , supplies or services and forms an integral and in - dissociable part of the calculation of what constitutes the most economically advantageous tender .


### member states shall ensure that , at the latest 2 years after the date provided for in article 92 , all procurement procedures under this directive are performed using electronic means of communication , in particular e - submission , in accordance with the requirements of this article . ### member states shall ensure that , by 1 january 2017 , at least 70% of procurement procedures under this directive are performed using electronic means of communication , in particular e - submission , in accordance with the requirements of this article . member states shall ensure that , by 1 january 2020 , all procurement procedures under this directive are performed using electronic means of communication , in particular e - submission , in accordance with the requirements of this article .


### having regard to the treaty on the functioning of the european union , and in particular articles 33 , 114 and 207 thereof , ### having regard to the treaty on the functioning of the european union , in particular articles 33 , 114 , 169 and 207 thereof ,