### where , in applying articles 3 and 4 of this directive , the member states concerned do not agree on which member state has jurisdiction , they shall bring the matter to the commission ' s attention without undue delay . the commission may request the european regulators group for audiovisual media services to provide an opinion on the matter within 15 working days from submission of the commission ' s request . if the commission requests an opinion from erga , the time - limits set out in articles 3 and 4 shall be suspended until erga has adopted an opinion . ### where the member states concerned do not agree on which member state has jurisdiction , they shall bring the matter to the commission ' s attention without undue delay . in order to rapidly resolve disputes in instances where two or more member states have listed simultaneously the same service provider under their jurisdiction , the commission shall designate the jurisdiction of the member state applicable to the service provider . the commission may request the european regulators group for audiovisual media services to provide an opinion on the matter within 15 working days from submission of the commission ' s request .


### the notifying member state has respected the rights of defence of the media services provider concerned and , in particular , has given the media services provider the opportunity to express its views on the alleged contraventions and the measures that that member state intends to take . it shall duly take into account those views as well as the views of the member state of jurisdiction . ### the notifying member state has respected the rights of defence of the media services provider concerned and , in particular , has given the media services provider the opportunity to express its views on the alleged contraventions and the measures that that member state intends to take .


### the commission shall , within three months following the notification of the measures taken by the member state in application of paragraphs 2 and 3 and after having consulted erga , take a decision on whether those measures are compatible with union law . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within three months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information . ### the commission shall , within three months following the notification of the measures taken by the member state in application of paragraphs 2 and 3 and after having consulted erga , take a decision on whether those measures are compatible with union law . that period shall begin on the day following the receipt of a notification , which provides all necessary information according to paragraphs 2 and 3 . the notification shall be considered as complete if , within two months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information .


### the notifying member state has respected the rights of defence of the media services provider concerned and , in particular , has given the media services provider the opportunity to express its views on the alleged contraventions and the measures that that member state intends to take . it shall duly take into account those views as well as the views of the member state of jurisdiction . ### the notifying member state has respected the rights of defence of the media services provider concerned and , in particular , has given the media services provider the opportunity to express its views on the alleged contraventions and the measures that that member state intends to take within 15 days of the notification provided for in point . it shall duly take into account those views as well as the views of the member state of jurisdiction .


### the commission shall , within three months following the notification of the measures taken by the member state in application of paragraphs 2 and 3 and after having consulted erga , take a decision on whether those measures are compatible with union law . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within three months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information . where the commission considers the notification as incomplete , it shall request all necessary additional information . the commission shall inform the member state of the receipt of the response to that request . where the member state concerned does not provide the information requested within the period fixed by the commission or where it provides incomplete information , the commission shall take a decision that the measures taken by the member state in accordance with paragraph 2 are incompatible with union law . if the commission decides that the measures are incompatible with union law , the member state shall put an end to the measures in question as a matter of urgency . ### the commission shall , within two months following the notification of the measures taken by the member state in application of paragraphs 2 and 3 and after having consulted erga , take a decision on whether those measures are compatible with union law . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within two months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information . where the commission considers the notification as incomplete , it shall request all necessary additional information once only . the commission shall inform the member state of the receipt of the response to that request . where the member state concerned does not provide the information requested within the period set by the commission or where it provides incomplete information , the commission shall take a decision that the measures taken by the member state in accordance with paragraph 2 are incompatible with union law . if the commission decides that the measures are incompatible with union law , the member state shall put an end to the measures in question as a matter of urgency within two weeks of the decision of the commission .


### the broadcaster in question has established itself in the member state having jurisdiction in order to circumvent the stricter rules , in the fields coordinated by this directive , which would be applicable to it if it were established in the first member state . ### in article 4 , point b is replaced by the following : the broadcaster in question has infringed more detailed or stricter rules adopted according to paragraph 1 in member state , to which its service is wholly or mostly received and the audience as a whole or for the most part located in its territory .


### the commission shall decide within 3 months following the notification provided for in point of paragraph 4 . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within 3 months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information . ### the commission shall decide within 2 months following the notification provided for in point of paragraph 4 . that period shall begin on the day following the receipt of a complete notification , which provides all necessary information according to paragraph 2 , 3 and 4 . the notification shall be considered as complete if , within 3 months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information .


### the amount referred to in paragraph 1 may also cover expenses for preparation , monitoring , control , audit , evaluation and other activities for managing the instrument and evaluating the achievement of its objectives . it may moreover cover expenses relating to the studies , meetings of experts , information and communication actions , in so far as they are related to the objectives of the instrument , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the instrument . ### the amount referred to in paragraph 1 may also cover expenses for preparation , monitoring , control , audit , evaluation , training and other activities for managing the instrument and evaluating the achievement of its objectives . it may moreover cover expenses relating to the studies , meetings of experts , information and communication actions , exchange of data between involved member states in so far as they are related to the objectives of the instrument , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the instrument .


### article 86ereport of the management or administrative organ to the members ### article 86e report of the management or administrative organ


### article 160greport of the management or administrative organ to the members ### article 160g report of the management or administrative organ


### member states shall lay down rules governing the civil liability of the independent experts responsible for drawing up the report referred to in articles 125 and 126b , including in respect of misconduct on their part in the performance of their duties . ; ### member states shall lay down rules governing the civil liability of the independent experts responsible for drawing up the report referred to in articles 125 and 126b , including in respect of misconduct on their part in the performance of their duties . ; 2 . member states shall lay down rules governing the penal liability of members of management or administrative organ of company responsible for submitting a false statement about the places of business referred to in article 86e paragraph 3 . 3 . a member of the management or administrative body does not bear the responsibility referred to in paragraph 2 of this article , when a change of places of business activity results from economic reasons that could not have been known to the member of company ' s organ at the time when the statement was submitted .


### the member state of the company being divided shall ensure that the competent authority shall not authorise the division when it determines , after an examination of the specific case and having regard to all relevant facts and circumstances , that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees , creditors or members . ### the member state of the company being divided shall ensure that the competent authority shall not authorise the division when it determines , after an examination of the specific case and having regard to all relevant facts and circumstances , that it constitutes an artificial arrangement , that should be understood as an arrangement or a series of arrangements which have been put into place for the main purpose or one of the main purposes of obtaining a tax advantage that defeats the object or purpose of the applicable tax law or at prejudicing the legal or contractual rights of employees , creditors or members .


### however , the rules in force concerning employee participation , if any , in the member state where the company resulting from the cross - border division has its registered office shall not apply , where the company being divided , in the six months prior to the publication of the draft terms of the cross - border division as referred to in article 160e of this directive , has an average number of employees equivalent to four fifths of the applicable threshold , laid down in the law of the member state of the company being divided , which triggers the participation of employees within the meaning of point of article 2 of directive 2001 / 86 / ec , or where the national law applicable to each of the recipient companies does not : ### however , the rules in force concerning employee participation , if any , in the member state where the company resulting from the cross - border division has its registered office shall not apply , where the company being divided , in the six months prior to the date of making available of the draft terms of the cross - border division as referred to in article 160e of this directive , has an average number of employees equivalent to four fifths of the applicable threshold , laid down in the law of the member state of the company being divided , which triggers the participation of employees within the meaning of point of article 2 of directive 2001 / 86 / ec , or where the national law applicable to each of the recipient companies does not :


### owners of fishing vessels which are registered as active and which have carried out fishing activities at sea for at least 120 days in each of the last three calendar years preceding the year of submission of the application for support ; or ### owners or operators of fishing vessels which are registered as active and which have carried out fishing activities at sea for at least 90 days on average per year during the last two calendar years preceding the year of submission of the application for support ; or


### market intelligence ### market and aquaculture intelligence


### ' member state of residence ' means the member state where the subscriber is habitually residing ; ### ' member state of residence ' means the member state , established on the basis of article 3b , where the subscriber has his or her actual and stable residence to which he or she returns to regularly ;


### shareholders shall be duly informed by their intermediary that their name and contact details may be transmitted for the purpose of identification in accordance with this article . this information may only be used for the purpose of facilitation of the exercise of the rights of the shareholder . the company and the intermediary shall ensure that natural persons are able to rectify or erase any incomplete or inaccurate data and shall not conserve the information relating to the shareholder for longer than 24 months after receiving it . ### member states shall ensure that shareholders are duly informed by their intermediary that the information regarding their identity may be processed in accordance with this article . this information may only be used for the purpose of facilitation of the exercise of the rights of the shareholder . the company and the intermediary shall ensure that natural persons are able to rectify or erase any incomplete or inaccurate data and shall not conserve the information relating to the shareholder for longer than is necessary , and in any event not longer than 12 months after receiving it .


### member states shall allow intermediaries to charge prices or fees for the service to be provided under this chapter . intermediaries shall publicly disclose prices , fees and any other charges separately for each service referred to in this chapter . ### member states shall require intermediaries to publicly disclose prices , fees and any other charges separately for each service referred to in this chapter .


### member states shall ensure that any charges that may be levied by an intermediary on shareholders , companies and other intermediaries shall be non - discriminatory and proportional . any differences in the charges levied between domestic and cross - border exercise of rights shall be duly justified . ### member states shall ensure that any charges that may be levied by an intermediary on shareholders , companies and other intermediaries shall be non - discriminatory and proportional . any differences in the charges levied between domestic and cross - border exercise of rights shall only be permitted where duly justified .


### member states shall ensure that institutional investors disclose to the public how their equity investment strategy is aligned with the profile and duration of their liabilities and how it contributes to the medium to long - term performance of their assets . the information referred to in the first sentence shall at least be available on the company ' s website as long as it is applicable . ### member states shall ensure that institutional investors disclose to the public whether and if so how the principles underlying their equity investment strategy and the arrangements with asset managers who invest on their behalf , either on a discretionary client - by - client basis or through a collective investment undertaking , are aligned with the profile and duration of their liabilities and how they contribute to the medium to long - term performance of their assets .


### where the arrangement with the asset manager does not contain one or more of the elements referred to in points to , the institutional investor shall give a clear and reasoned explanation as to why this is the case . ### where the arrangement with the asset manager does not contain one or more of the elements referred to in this paragraph , the institutional investor shall explain why this is the case .


### whether they have dialogues with the companies which are the object of their voting recommendations , and , if so , the extent and nature thereof ; ### whether they have communication or dialogues with the companies which are the object of their research and voting recommendations , and , if so , the extent and nature thereof ;


### member states shall ensure that proxy advisors identify and disclose without undue delay to their clients and the company concerned any actual or potential conflict of interest or business relationships that may influence the preparation of the voting recommendations and the actions they have undertaken to eliminate or mitigate the actual or potential conflict of interest . “ ### member states shall ensure that proxy advisors identify and disclose without undue delay to their clients and the company concerned any actual or potential conflict of interest or business relationships that may influence the preparation of the research and voting recommendations and the actions they have undertaken to eliminate or mitigate the actual or potential conflict of interest . “


### the policy shall explain how it contributes to the long - term interests and sustainability of the company . it shall set clear criteria for the award of fixed and variable remuneration , including all benefits in whatever form . ### the policy shall be clear and understandable , and shall explain how it contributes to the long - term interests and sustainability of the company . it shall set clear criteria for the award of fixed and variable remuneration , including all benefits in whatever form .


### member states shall ensure that companies , in case of transactions with related parties that represent more than 1% of their assets , publicly announce such transactions at the time of the conclusion of the transaction , and accompany the announcement by a report from an independent third party assessing whether or not it is on market terms and confirming that the transaction is fair and reasonable from the perspective of the shareholders , including minority shareholders . the announcement shall contain information on the nature of the related party relationship , the name of the related party , the amount of the transaction and any other information necessary to assess the transaction . ### member states shall ensure that companies , in case of transactions with related parties that represent more than 1% of their assets , publicly announce such transactions at the time of the entry into the transaction . the announcement shall contain information on the nature of the related party relationship , the name of the related party , the amount of the transaction and any other material information necessary to assess the economic fairness of the transaction from the perspective of the company .


### member states shall ensure that companies , in case of transactions with related parties that represent more than 1% of their assets , publicly announce such transactions at the time of the conclusion of the transaction , and accompany the announcement by a report from an independent third party assessing whether or not it is on market terms and confirming that the transaction is fair and reasonable from the perspective of the shareholders , including minority shareholders . the announcement shall contain information on the nature of the related party relationship , the name of the related party , the amount of the transaction and any other information necessary to assess the transaction . ### member states shall ensure that companies , in case of transactions with related parties that represent more than 1% of their assets , publicly announce such transactions at the time of the conclusion of the transaction . the announcement shall contain information on the nature of the related party relationship , the name of the related party , the amount of the transaction and any other material information necessary to assess the economic fairness of the transaction from the perspective of the company .


### decisions by the executive board shall be adopted by simple majority of its members . each member shall have one vote . in the event of a tie , the chairperson shall have a casting vote . ### decisions by the executive / management board shall be adopted by simple majority of its members . each member shall have one vote . in the event of a tie , the chairperson shall have a casting vote .


### it is necessary to monitor and regularly review the functioning of wholesale roaming markets and their interrelationship with the retail roaming market , taking into account competitive and technological developments and traffic flows . in order to properly assess how roaming markets will adapt to rlah rules , sufficient data should be gathered on functioning of these markets after the implementation of these rules . ### it is necessary to monitor and regularly review the functioning of wholesale roaming markets and their interrelationship with the retail roaming market , taking into account competitive and technological developments and traffic flows . in order to properly assess how roaming markets will adapt to rlah rules , sufficient data should be gathered on functioning of these markets after the implementation of these rules . if the data from the first year after 15 june 2017 show that the rlah rules have led to distortion of national markets or other negative consequences for the customers or domestic or roaming providers , a new legislative proposal amending the regulation no 531 / 2012 should be submitted by the commission as soon as possible .


### member states should determine the way they collect data , but in order to be able to combine data on a regional level , minimum requirements for data quality , coverage and compatibility should be agreed by member states at regional level . when there is general agreement on the methods at regional level , regional co - ordination groups should submit a regional work plan for adoption by commission . ### member states should determine the way they collect data , but in order to be able to combine data on a regional level , minimum requirements for data quality , coverage and compatibility should be agreed by member states at regional level , taking into account that in some regions basins are managed jointly with third countries which have sovereignty or jurisdiction over waters in those regions . when there is general agreement on the methods at regional level , regional co - ordination groups should submit a regional work plan for adoption by the commission .


### this regulation establishes rules on the collection , management , and use of biological , technical , environmental , social and economic data concerning the fisheries sector in the framework of the common fisheries policy . ### with a view to contributing to the objectives of the common fisheries policy set out in article 2 of regulation no 1380 / 2013 , this regulation establishes rules on the collection , management , and use of biological , technical , environmental , social and economic data concerning the fisheries sector as provided for in article 25 of regulation no 1380 / 2013 .


### biological data on all stocks caught or by - caught by union commercial and , where appropriate , recreational fisheries in union and external waters to enable ecosystem based management and conservation as necessary for the operation of the common fisheries policy ; ### biological data on all stocks caught or by - caught by union commercial fisheries in external waters to enable ecosystem - based management and conservation as necessary for the operation of the common fisheries policy ;


### every member state shall accept certificates of proficiency and documentary evidence issued by another member state , or under its authority , for the purpose of allowing seafarers to serve on - board its fleet . ### every member state shall accept certificates of proficiency and documentary evidence issued by another member state , or under its authority , on paper or in electronic format , for the purpose of allowing seafarers to serve on board vessels in its fleet , and for issuing certificates of competency or certificates of proficiency .


### as customs authorities of the member states have been taking up an increasing number of responsibilities , which often extend to the field of security and take place at the external border , ensuring equivalence in carrying out border control and customs control at the external borders needs to be addressed by providing adequate union financial support to the member states . it is equally important to promote inter - agency cooperation at union borders as regards controls of goods and controls of persons among the national authorities in each member state that are responsible for border control or for other tasks carried out at the border . ### as customs authorities of the member states have been taking up an increasing number of responsibilities , which often extend to the field of security and safety , and take place at the external border , ensuring equivalence in carrying out border control and customs control at the common external borders needs to be addressed by providing adequate union financial support to the member states . therefore , cooperation between customs authorities as well as other departments of agencies such as police , the border guards , and health and consumer authorities is vital . it is equally important to promote inter - agency cooperation at union borders , in particular among eu agencies in the field of border control and police , as regards controls of goods and controls of persons among the national authorities in each member state that are responsible for border control or for other tasks carried out at the border .


### when the action supported involves the purchase or upgrade of equipment , the commission shall set up a coordination mechanism ensuring efficiency and interoperability between all the equipment purchased with the support of union programmes and instruments . ### when the action supported involves the purchase or upgrade of equipment , the commission shall set up a coordination mechanism ensuring efficiency and interoperability between all the equipment purchased with the support of union programmes and instruments , which shall allow for the consultation and participation of relevant eu agencies , in particular the european border and coast guard agency .


### protection can be provided , where they are willing and able to offer protection , either by the state or by parties or organisations , including international organisations , meeting the conditions set out in this directive , which control a region or a larger area within the territory of the state . such protection should be effective and of a non - temporary nature . ### protection can be provided , where they are willing and able to offer protection , either by the state or by parties or organisations , including international organisations , meeting the conditions set out in this directive , which control a region or a larger area within the territory of the state . such protection should be effective .


### acts contrary to the purposes and principles of the united nations are set out in the preamble and articles 1 and 2 of the charter of the united nations and are , amongst others , embodied in the united nations resolutions relating to measures combating terrorism , which declare that ‘ acts , methods and practices of terrorism are contrary to the purposes and principles of the united nations’ and that ‘ knowingly financing , planning and inciting terrorist acts are also contrary to the purposes and principles of the united nations’ . ### acts contrary to the purposes and principles of the united nations are set out in the preamble and articles 1 and 2 of the charter of the united nations and are , amongst others , embodied in the united nations resolutions relating to measures combating terrorism , which declare that ‘ acts , methods and practices of terrorism are contrary to the purposes and principles of the united nations’ and that ‘ knowingly financing , planning and inciting terrorist acts are also contrary to the purposes and principles of the united nations’ . these same acts , methods and practices should also constitute a reason to deny and revoke refugee status or subsidiary protection status .


### as regards the required proof in relation to the existence of a serious and individual threat to the life or person of an applicant , in accordance with relevant case law of the court of justice of the european union36 , determining authorities should not require the applicant to adduce evidence that he is specifically targeted by reason of factors particular to his personal circumstances . however , the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance . moreover , the existence of a serious and individual threat should exceptionally be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a high level that there are substantial grounds for believing that a civilian , returned to the country or origin or to the relevant part of country of origin , would , solely on account of his presence on the territory of that country or region , face a real risk of being subject to the serious threat . _________________ 36 c - 465 / 07 . ### as regards the required proof in relation to the existence of a serious and individual threat to the life or person of an applicant , in accordance with relevant case law of the court of justice of the european union36 , determining authorities should not require the applicant to adduce evidence that he is specifically targeted by reason of factors particular to his personal circumstances . however , the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance . moreover , the existence of a serious and individual threat should exceptionally be established by the determining authorities solely on account of the presence of the applicant on the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a high level that there are substantial grounds for believing that a civilian , returned to any part of the country or origin , would , solely on account of his presence on the territory of that country , face a real risk of being subject to the serious threat . _________________ 36 c - 465 / 07 .


### family members , due to their close relationship to the refugee , will normally be vulnerable to acts of persecution in such a manner that could be the basis for international protection . provided they do not qualify for international protection , for the purpose of maintaining family unity , they shall be entitled to claim a residence permit and the same rights accorded to beneficiaries of international protection . without prejudice to the provisions related to maintaining family unity in this regulation , where the situation falls within the scope of directive 2003 / 86 / ec on the right to family reunification and the conditions for reunification set out thereof are fulfilled , family members of the beneficiary of international protection who do not individually qualify for such protection should be granted residence permits and rights in accordance with that directive . this regulation shall be applied without prejudice to directive 2004 / 38 / ec . ### family members , for the purpose of maintaining family unity , shall be entitled to apply for a residence permit not exceeding the duration of that of the beneficiary of the international protection . without prejudice to the provisions related to maintaining family unity in this regulation , where the situation falls within the scope of directive 2003 / 86 / ec on the right to family reunification and the conditions for reunification set out thereof are fulfilled , family members of the beneficiary of international protection who do not individually qualify for such protection should be granted residence permits and rights in accordance with that directive . this regulation shall be applied without prejudice to directive 2004 / 38 / ec .


### when the refugee status or the subsidiary protection status ceases to exist , the application of the decision by which the determining authority of a member state revokes , ends or does not renew the status should be deferred for a reasonable period of time after adoption , in order to give the third - country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection , such as family reasons , or reasons related to employment or to education , in accordance with relevant union and national law . ### when the refugee status ceases to exist , the application of the decision by which the determining authority of a member state revokes , ends or does not renew the status should be deferred for a reasonable period of time after adoption , in order to give the third - country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection , such as family reasons , or reasons related to employment or to education , in accordance with relevant union and national law .


### the notion of national security and public order also covers cases in which a third - country national belongs to an association which supports international terrorism or supports such an association . ### the notion of national security and public order also covers cases in which a third - country national either indirectly or directly supports terrorism or religious radicalism .


### the fact that an applicant has already been subject to persecution or serious harm , or to direct threats of such persecution or such harm , shall be considered a serious indication of the applicant’s well - founded fear of persecution or real risk of suffering serious harm , unless there are good reasons to consider that such persecution or serious harm will not be repeated . ### the fact that an applicant has already been subject to persecution or serious harm , or to direct threats of such persecution or such harm in his or her country of origin , shall be considered a serious indication of the applicant’s well - founded fear of persecution or real risk of suffering serious harm , unless there are good reasons to consider that such persecution or serious harm will not be repeated .


### where aspects of the applicant’s statements are not supported by documentary or other evidence , no additional evidence shall be required in respect of those aspects where the following conditions are met : ### where aspects of the applicant’s statements are not supported by documentary or other evidence , additional evidence may be required in respect of those aspects where the following conditions are not met :


### protection against persecution or serious harm shall be effective and of a non - temporary nature . that protection shall be considered to be provided when the actors referred to in paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm , among others , by operating an effective legal system for the detection , prosecution and punishment of acts constituting persecution or serious harm , and when the applicant has access to that protection . ### protection against persecution or serious harm shall be effective . that protection shall be considered to be provided when the actors referred to in paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm , among others , by operating an effective legal system for the detection , prosecution and punishment of acts constituting persecution or serious harm , and when the applicant has access to that protection .


### shall base itself on precise and up - to - date information obtained from all relevant sources , including union level country of origin information and common analysis of country of origin information referred to in articles 8 and 10 of the regulation no xxx / xx [ regulation on the european union agency for asylum ] or information and guidance issued by the united nations high commissioner for refugee . ### may base itself on precise and up - to - date information obtained from all relevant sources , including union level country of origin information and common analysis of country of origin information referred to in articles 8 and 10 of the regulation no xxx / xx [ regulation on the european union agency for asylum ] .


### shall base itself on precise and up - to - date information obtained from all relevant sources , including union level country of origin information and the common analysis on country of origin information as referred in articles 8 and 10 of the regulation no xxx / xx [ regulation on the european union agency for asylum ] or information and guidance issued by the united nations high commissioner for refugee . ### shall base itself on precise and up - to - date information obtained from all relevant sources , including union level country of origin information and the common analysis on country of origin information as referred in articles 8 and 10 of the regulation no xxx / xx [ regulation on the european union agency for asylum ]


### the competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status , as soon as possible after that has been granted . that information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in article 28 on movement within the union . ### the competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status as soon as possible after that has been granted . that information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in article 28 on movement within the union .


### family members of a beneficiary of international protection who do not individually qualify for such protection shall be entitled to claim a residence permit in accordance with national procedures and insofar as this is compatible with the personal legal status of the family member . ### family members as referred to in the article 2 of a beneficiary of international protection who do not individually qualify for such protection shall be entitled to apply for a residence permit in accordance with national procedures and insofar as this is compatible with the personal legal status of the family member .


### advice services afforded by employment offices . ### advice services afforded by employment offices in the customary languages of such services in the member state concerned .


### beneficiaries of international protection who have special needs , such as pregnant women , disabled people , persons who have undergone torture , rape or other serious forms of psychological , physical or sexual violence or minors who have been victims of any form of abuse , neglect , exploitation , torture , cruel , inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare , including treatment of mental disorders when needed , under the same eligibility conditions as nationals of the member state that has granted protection . ### beneficiaries of international protection who have special needs shall be provided assistance in accessing adequate healthcare , including treatment of mental disorders when needed , under the same eligibility conditions as other third - country nationals residing in the member state that has granted protection .


### the persons and organisations working with unaccompanied minors shall receive continuous appropriate training concerning the rights and needs of minors and child safeguarding standards will be respected as referred to in art 22 of regulation eu no xxx / xxx [ procedures regulation ] . ### the persons and organisations working with unaccompanied minors shall receive appropriate training concerning the rights and needs of minors and child safeguarding standards will be respected as referred to in art 22 of regulation eu no xxx / xxx [ procedures regulation ] .


### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have access to integration measures provided by the member states , in particular language courses , civic orientation and integration programs and vocational training which take into account their specific needs . ### in order to facilitate the integration into society , beneficiaries of international protection and their family members as referred to in the article 2 shall have access to integration measures provided by the member states , in particular language courses , civic orientation and integration programs .


### in the multiannual radio spectrum policy programme established by decision no 243 / 2012 / eu20 , the european parliament and the council set the objectives of identifying at least 1 200 mhz of spectrum suitable for wireless broadband electronic communications services in the union by 2015 , of supporting the further development of innovative audiovisual media services by ensuring sufficient spectrum for the satellite and terrestrial provision of such services , if the need is clearly substantiated , and of ensuring sufficient spectrum for programme making and special events . _________________ 20 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme . ### in the multiannual radio spectrum policy programme established by decision no 243 / 2012 / eu20 , the european parliament and the council set the objectives of identifying at least 1 200 mhz of spectrum suitable for wireless broadband electronic communications services in the union by 2015 , of supporting the further development of innovative broadcasting services by ensuring sufficient spectrum for the satellite and terrestrial provision of such services , if the need is clearly substantiated , and of ensuring sufficient spectrum for programme making and special events . _________________ 20 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme .


### in its strategy for the digital single market 21 , the commission highlights the importance of the 694 - 790 mhz frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band , while accommodating the specific needs of audiovisual media services distribution . _________________ 21 see http : / / ec . europa . eu / priorities / digital - single - market / index_en . htm . ### in its strategy for the digital single market 21 , the commission highlights the importance of the 694 - 790 mhz frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band , while accommodating the specific needs of broadcasting services distribution . _________________ 21 see http : / / ec . europa . eu / priorities / digital - single - market / index_en . htm .


### for region 1 , which includes the union , the international telecommunication union’s radio regulations adopted by the world radiocommunication conference have allocated the 700 mhz frequency band to the broadcasting and the mobile service on a co - primary basis , and the 470 - 694 mhz frequency band exclusively to the broadcasting service , on a primary basis , and to wireless audio pmse use , on a secondary basis . ### for region 1 , which includes the union , the international telecommunication union ' s radio regulations adopted by the world radiocommunication conference in 2015 have allocated the 700 mhz frequency band to the broadcasting and the mobile service on a co - primary basis , and the 470 - 694 mhz frequency band exclusively to the broadcasting service , on a primary basis , and to wireless audio pmse use , on a secondary basis .


### spectrum sharing within a common frequency band between bidirectional wireless broadband use , on the one hand , and unidirectional television broadcasting or wireless audio pmse use , on the other hand , is technically problematic . this means that repurposing the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services would deprive dtt and wireless audio pmse users of part of their spectrum resources . the dtt and pmse sectors therefore need long - term regulatory predictability on the availability of sufficient spectrum , so that they can safeguard the sustainable provision and development of their services , in particular free - to - view television . measures may be needed at national and union level to ensure additional spectrum resource for wireless audio pmse use outside the 470 - 790 mhz frequency band . ### spectrum sharing within a common frequency band between bidirectional wireless broadband use , on the one hand , and unidirectional television broadcasting or wireless audio pmse use , on the other hand , is technically problematic where their coverage areas overlap or are in close proximity . this means that repurposing the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services would deprive dtt and wireless audio pmse users of part of their spectrum resources . the dtt and pmse sectors therefore need long - term regulatory predictability on the availability of sufficient spectrum , so that they can secure their investments and safeguard the sustainable provision and development of their services , in particular free - to - view television . measures may be needed at national and union level to ensure additional spectrum resource for wireless audio pmse use outside the 470 - 790 mhz frequency band .


### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . this would be in conjunction with ensuring long - term availability until 2030 of the sub - 700 mhz frequency band for the downlink - only provision of audiovisual media services . the rspg particularly recommends introducing flexibility so that the sub - 700 mhz frequency band can also be used for downlink - only wireless broadband electronic communications services . ### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 , noting that member states should be able to decide , on the basis of reasonable grounds , to delay the availability of the band for up to two years . this would be in conjunction with ensuring long - term availability until 2030 of the sub - 700 mhz frequency band primarily for the provision of broadcasting services . the rspg recommends that member states should have the flexibility to use the sub - 700 mhz frequency band for wireless broadband electronic communications services and that there is a need to study this option in more detail , provided that such use is compatible with the broadcasting needs of relevant member states and does not constrain dtt operations in neighbouring countries .


### in any case , spectrum usage in the 470 - 694 mhz frequency band should be reassessed at union level no later than 2025 . such an assessment should also take into account the planned review of this frequency band at the world radiocommunication conference in 2023 . changes in the use of the sub - 700 mhz frequency band should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 service and social , economic and cultural general interest objectives . in this context , studies on technical and regulatory conditions for co - existence between incumbent and new spectrum uses in the sub - 700 mhz frequency band are necessary . these would ensure coherence between the approaches taken by different member states on flexible and efficient spectrum use and would enable technical harmonisation measures for use and co - existence in this band . such studies and measures may be developed pursuant to decision no 676 / 2002 / ec . _________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council . ### as recommended in the lamy report , spectrum usage in the 470 - 694 mhz frequency band should be assessed at union level no later than 2025 . such an assessment should also take into account the planned review of this frequency band at the world radiocommunication conference in 2023 . changes in the use of the sub - 700 mhz frequency band should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 services and social , economic and cultural general interest objectives . _________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council .


### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies . ### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these could arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should consider facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies .


### by 30 june 2020 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec , in order to allow that use . ### by 30 june 2020 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . member states may decide to delay the availability of the band on the basis of reasonable grounds , for up to two years , ensuring that the commission is informed accordingly . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec , in order to allow that use .


### by 30 june 2017 , member states shall adopt and make public their national plan and schedule for fulfilling their obligations under articles 1 and 4 of this decision . ### by 30 june 2018 , member states shall adopt and make public their national plan and schedule for fulfilling their obligations under articles 1 and 4 of this decision .


### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to the achievement of the sustainable development goal . it should also fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action . ### a new results - oriented partnership framework with third countries , aligned with the principles of development effectiveness , which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to boost sustainable investments , which aim to achieve sdgs in regions outside the union , while partnering with the union and local private sector and contributing to the achievement of the sdgs . it should also fulfil the objectives of the 2030 agenda for sustainable development , the addis ababa action agenda , including the promotion of domestic resources mobilisation and the objectives pursued by the other financing instruments for external action . the more and the faster a country progresses in its internal reforms to the building and consolidation of democratic institutions , the respect for human rights and the rule of law , the more support it should receive from the union . such a positive conditionality approach can bring real change and would guarantee that union tax payers ' money is spent in a sustainable manner ;


### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to the achievement of the sustainable development goal . it should also fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action . ### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to inclusive and sustainable development , wealth creation and to the achievement of the sustainable development goals . it should also fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action .


### ' 4 . in developing countries , as defined in the organisation for economic cooperation and development list of official development assistance recipients , the eib financing operations shall contribute , in accordance with articles 208 and 209 tfeu , indirectly to the objectives of the union development cooperation policy , such as reducing poverty through inclusive growth and sustainable economy , environmental and social development . ' ### paragraph 4 shall be replaced by the following : ' 4 . in developing countries , as defined in the organisation for economic cooperation and development list of official development assistance recipients , the eib financing operations shall focus , in accordance with articles 208 and 209 tfeu , on the objectives of the union development cooperation policy , in particular towards reducing poverty through inclusive growth and sustainable economic , environmental and social development . '


### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ; ### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen in priority the local private sector , including msmes in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to enhance its support to investment projects run by msmes , enabling access to finance , while mobilising the development of new investment projects run by msmes , further facilitating the internationalisation of msmes . in order to effectively monitor and evaluate the use of funds for the benefit of the msmes concerned , the eib shall carry out thorough due diligence and establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the final beneficiaries .


### ' 9 . the eu guarantee shall cover only eib financing operations carried out in eligible countries that have concluded a framework agreement with the eib establishing the legal conditions under which such operations are to be carried out . ' ### paragraph 9 shall be replaced by the following : ' 9 . the eu guarantee shall cover only eib financing operations carried out in eligible countries that have concluded a framework agreement with the eib establishing the legal conditions under which such operations are to be carried out . legal conditions under which operations are to be carried out shall also include environmental , social and human rights and labour standards . '


### ' 1 . in accordance with its own transparency policy and union principles on access to documents and information , and progressively with international aid transparency initiative standards , the eib shall make publicly available on its website information relating to : ' ### in article 12 , the introductory wording shall be replaced by the following : ' 1 . in accordance with its own transparency policy and union law on access to documents and information , and progressively with international aid transparency initiative standards , the eib shall make publicly available on its website information relating to : '


### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to a new trial at which they have the right to be present and which allows a fresh determination of the merits of the case , including examination of new evidence , and which may lead to the original decision to be reversed . ### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to request a new trial or an appeal , at which they have the right to be present and which will allow a fresh determination of the merits of the case , including examination of new evidence , and may lead to the original decision being reversed .


### divergent implementation of the rules on end - user protection has created significant internal market barriers affecting both providers of electronic communications services and end - users . those barriers should be reduced by the applicability of the same rules ensuring a high common level of protection across the union . a calibrated full harmonisation of the end - user rights covered by this directive should considerably increase legal certainty for both end - users and providers of electronic communications services , and should significantly lower entry barriers and unnecessary compliance burden stemming from the fragmentation of the rules . full harmonisation helps to overcome barriers to the single market resulting from such national end - user provisions which at the same time protect national providers against competition from other member states . in order to achieve a high common level of protection , several end - user provisions should be reasonably enhanced in this directive in the light of best practices in member states . full harmonisation of their rights increases the trust of end - users in the internal market as they benefit from an equally high level of protection when using electronic communications services , not only in their member state but also while living , working or travelling in other member states . member states should maintain the possibility to have a higher level of end - user protection where an explicit derogation is provided for in this directive , and to act in areas not covered by this directive . ### in order to achieve a high common level of protection , several end - user provisions should be reasonably enhanced in this directive in the light of best practices in member states . full harmonisation of their rights increases the trust of end - users in the internal market as they benefit from an equally high level of protection when using electronic communications services , not only in their member state but also while living , working or travelling in other member states . member states should maintain the possibility to have a higher level of end - user protection and where an explicit derogation is provided for in this directive , whilst retaining the ability to act in areas not covered by this directive . this is essential as national regulatory authorities must be given the flexibility to respond to and address new consumer harm as and when they emerge in their national markets .


### the specificities of the electronic communications sector require , beyond horizontal contract rules , a limited number of additional end - user protection provisions . end - users should inter alia be informed of any quality of service levels offered , , conditions for promotions and termination of contracts , applicable tariff plans and tariffs for services subject to particular pricing conditions . that information is relevant for most publicly available electronic communications services but not for number - independent interpersonal communications services . in order to enable the end - user to make a well - informed choice , it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language . for the same reason , providers should present a summary of the essential contract terms . in order to facilitate comparability and reduce compliance cost , berec should issue a template for such contract summaries . ### the specificities of the electronic communications sector require , beyond horizontal contract rules , a limited number of additional end - user protection provisions . end - users should inter alia be informed of any quality of service levels offered , , conditions for promotions and termination of contracts , applicable tariff plans and tariffs for services subject to particular pricing conditions . that information is relevant for most publicly available electronic communications services but not for number - independent interpersonal communications services . in order to enable the end - user to make a well - informed choice , it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language . for the same reason , providers should present a summary of the essential contract terms . in order to facilitate comparability and reduce compliance cost , a common contact summary should be developed by national regulatory authorities , taking into account any relevant berec guidance . this summary should be limited in length and should summarise in plain and unambiguous terms the main elements of the contract .


### national regulatory authorities should be empowered to monitor the quality of services and to collect systematically information on the quality of services , including that related to the provision of services to disabled end - users . this information should be collected on the basis of criteria which allow comparability between service providers and between member states . undertakings providing electronic communications services , operating in a competitive environment , are likely to make adequate and up - to - date information on their services publicly available for reasons of commercial advantage . national regulatory authorities should nonetheless be able to require publication of such information where it is demonstrated that such information is not effectively available to the public . national regulatory authorities should also set out the measurement methods to be applied by the service providers in order to improve the comparability of the data provided . in order to facilitate comparability across the union and to reduce compliance cost , berec should adopt guidelines on relevant quality of service parameters which national regulatory authorities should take into utmost account . ### national regulatory authorities should be empowered to monitor the quality of services and to collect systematically information on the quality of services , including that related to the provision of services to disabled end - users . this information should be collected on the basis of criteria which allow comparability between service providers and between member states . undertakings providing electronic communications services , operating in a competitive environment , are likely to make adequate and up - to - date information on their services publicly available for reasons of commercial advantage . national regulatory authorities should nonetheless be able to require publication of such information where it is demonstrated that such information is not effectively available to the public . national regulatory authorities should also set out the measurement methods to be applied by the service providers in order to improve the comparability of the data provided .


### any changes to the contractual conditions imposed by providers of publicly available electronic communications services other than number - independent interpersonal communications services , to the detriment of the end - user , for example in relation to charges , tariffs , data volume limitations , data speeds , coverage , or the processing of personal data should be considered as giving rise to the right of the end - user to terminate the contract without incurring any costs , even if they are combined with some beneficial changes . ### any changes to the contractual conditions imposed by providers of publicly available electronic communications services other than number - independent interpersonal communications services , to the material detriment of the end - user , for example in relation to charges , tariffs , data volume limitations , data speeds , coverage , or the processing of personal data should be considered as giving rise to the right of the end - user to terminate the contract without incurring any costs , even if they are combined with some beneficial changes .


### bundles comprising publicly available electronic communications services other than number - independent interpersonal communications services , and other services such as linear broadcasting , or goods such as devices , have become increasingly widespread and are an important element of competition . while they often bring about benefits for end - users , they can make switching more difficult or costly and raise risks of contractual ' lock - in ' . where divergent contractual rules on contract termination and switching apply to the different services , and to any contractual commitment regarding acquisition of products which form part of a bundle , consumers are effectively hampered in their rights under this directive to switch to competitive offers for the entire bundle or parts of it . the provisions of this directive regarding contracts , transparency , contract duration and termination and switching should , therefore , apply to all elements of a bundle , except to the extent that other rules applicable to the non - electronic communications elements of the bundle are more favourable to the consumer . other contractual issues , such as the remedies applicable in the event of non - conformity with the contract , should be governed by the rules applicable to the respective element of the bundle , for instance by the rules of contracts for the sales of goods or for the supply of digital content . for the same reasons consumers should not be locked in with a provider by means of a contractual de facto extension of the initial contract period . ### bundles comprising publicly available electronic communications services other than number - independent interpersonal communications services , and other services such as linear broadcasting , or goods such as devices , have become increasingly widespread and are an important element of competition . while they often bring about benefits for end - users , they can make switching more difficult or costly and raise risks of contractual ' lock - in ' . where divergent contractual rules on contract termination and switching apply to the different services , and to any contractual commitment regarding acquisition of products which form part of a bundle , consumers are effectively hampered in their rights under this directive to switch to competitive offers for the entire bundle or parts of it . the provisions of this directive regarding contracts , transparency , contract duration and termination and switching should , therefore , apply to all elements of a bundle , except to the extent that other rules applicable to the non - electronic communications elements of the bundle are more favourable to the consumer . other contractual issues , such as the remedies applicable in the event of non - conformity with the contract , should be governed by the rules applicable to the respective element of the bundle , for instance by the rules of contracts for the sales of goods or for the supply of digital content . for the same reasons consumers should not be locked in with a provider by means of a contractual de facto extension of the initial contract period . member states should retain the discretion to exempt elements in the bundle in cases where their nature implies different regulatory treatment , for example because those elements are addressed by other sector - specific regulation .


### caller location information improves the level of protection and the security of end - users and assists the emergency services in the discharge of their duties , provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of psaps . the reception and use of caller location information should comply with relevant union law on the processing of personal data . undertakings that provide network - based location should make caller location information available to emergency services as soon as the call reaches that service , independently of the technology used . however handset - based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the egnos and galileo satellite system and other global navigation satellite systems and wi - fi data . therefore handset - derived caller location information should complement network - based location information even if the handset - derived location may become available only after the emergency communication is set up . member states should ensure that the psaps are able to retrieve and manage the caller location information available . the establishment and transmission of caller location information should be free of charge for both the end - user and the authority handling the emergency communication irrespective of the means of establishment , for example through the handset or the network , or the means of transmission , for example through voice channel , sms or internet protocol - based . ### caller location information improves the level of protection and the security of end - users and assists the emergency services in the discharge of their duties , provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of psaps . the reception and use of caller location information should comply with relevant union law on the processing of personal data . undertakings that provide network - based location should make caller location information available to emergency services as soon as the call reaches that service , independently of the technology used . however handset - based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the egnos and galileo satellite system and other global navigation satellite systems and wi - fi data . therefore handset - derived caller location information should complement network - based location information even if the handset - derived location may become available only after the emergency communication is set up . member states should ensure that the psaps are able to retrieve and manage the caller location information where feasible . the establishment and transmission of caller location information should be free of charge for both the end - user and the authority handling the emergency communication irrespective of the means of establishment , for example through the handset or the network , or the means of transmission , for example through voice channel , sms or internet protocol - based .


### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations , but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration . ### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations , but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations must , where appropriate , entail a provision for proportionate remuneration .


### where a member state has duly demonstrated , account taken of the results of the geographical survey conducted in accordance with article 22 , that the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools , it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory . ### where a member state has duly demonstrated , taking into account the results of the geographical survey , where available , conducted in accordance with article 22 , or where the national regulatory authority is satisfied with alternative evidence , that the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools , it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory . in addition , member states may impose appropriate universal service obligations to ensure end - users have access to functional internet access and voice services whilst in transit along rail networks and key transport routes , as identified by the member state .


### member states shall review the obligations imposed pursuant to this article at the latest 3 years after the entry into force of this directive and thereafter once every year . ### member states shall review the obligations imposed pursuant to this article as soon as practicable , which shall in any case be not more than 3 years after the entry into force of this directive and thereafter once every year .


### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds . only the net cost , as determined in accordance with article 84 , of the obligations laid down in articles 79 , 81 and 82 may be financed . ### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide : to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds . that mechanism may be financed from public funds , from contributions from providers of electronic communications networks or services , or both . only the net cost , as determined in accordance with article 84 , of the obligations laid down in articles 79 , 81 and 82 may be financed . to share the net cost of universal service obligations between providers of electronic communications networks and services .


### any minimum service quality levels to the extent that these are offered , and in accordance with berec guidelines to be adopted after consultation of stakeholders and in close cooperation with the commission , regarding : ### any minimum service quality levels using parameters defined in accordance with article 97 , to the extent that these are offered , regarding :


### - any constraints on access to emergency services and / or caller location information due to a lack of technical feasibility ; ### - any constraints on access to emergency services and / or caller location information due to a lack of technical feasibility , insofar as the service allows end - users to originate national calls to a number in a national telephone numbering plan ;


### porting of numbers and their subsequent activation shall be carried out within the shortest possible time . in any case , end - users who have concluded an agreement to port a number to a new undertaking shall have that number activated within one working day from the conclusion of such an agreement . ### porting of numbers and their subsequent activation shall be carried out within the shortest possible time . in any case , end - users who have concluded an agreement to port a number to a new undertaking shall have that number activated within one working day from the conclusion of such an agreement . the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated .


### providers of internet access services and providers of publicly available number - based interpersonal communications services shall offer end - users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption . this facility shall include access to timely information on the level of consumption of services included in a tariff plan . ### providers of internet access services and providers of publicly available number - based interpersonal communications services shall offer end - users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption . this facility shall include access to timely information on the level of consumption of services included in a tariff plan . providers of electronic communications services shall give consumers best - tariff advice relating to their services on a periodic basis .


### national regulatory authorities shall ensure that end - users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs , and the quality of service performance of different publicly available electronic communications services other than number - independent interpersonal communications services . ### national regulatory authorities shall ensure that consumers and micro and small enterprises , where appropriate , have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs , and , where appropriate , indicative figures addressing quality of service performance of different publicly available electronic communications services other than number - independent interpersonal communications services .


### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , do not mandate an initial commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the initial commitment period . ### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers , and micro or small enterprises where appropriate , and undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , do not mandate a commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the initial commitment period .


### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number - independent interpersonal communications services , unless the proposed changes are exclusively to the benefit of the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end - user at the time of concluding the contract . ### end - users shall have the right to terminate their contract without incurring any costs upon notice of material changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number - independent interpersonal communications services , where the proposed changes are materially to the detriment of the end - user , unless the proposed changes are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner in a format agreed at the time of concluding the contract or by the same means as the provider ordinarily uses in its communications , which has been agreed with by the consumer .


### in case of switching between providers of internet access services , the providers concerned shall provide the end - user with adequate information before and during the switching process and ensure continuity of the service . the receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end - user . the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated . loss of service during the switching process shall not exceed one working day . ### in case of switching between providers of internet access services , the providers concerned shall provide the end - user with adequate information before and during the switching process and ensure continuity of the service , insofar as the respective providers are capable of doing so . the receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end - user . where mandated by the national regulatory authority , the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated . loss of service during the switching process shall not exceed the timeframe set the national regulatory authority to take into account the need to maintain continuity of services to the end users .


### the receiving provider shall lead the switching and porting process . national regulatory authorities may establish the global process of switching and of porting of numbers , taking into account national provisions on contracts , technical feasibility and the need to maintain continuity of service to the end - user . in any event , loss of service during the process of porting shall not exceed one working day . in case of failure of the porting process , the transferring provider shall reactivate the number of the end - user until the porting is successful national regulatory authorities shall also take appropriate measures ensuring that end - users are adequately informed and protected throughout the switching process and are not switched to another provider against their will . ### national regulatory authorities may establish the global process of switching and of porting of numbers , taking into account national provisions on contracts , technical feasibility and the need to maintain continuity of service to the end - user . in any event , loss of service during the process of porting shall not exceed one working day . in case of failure of the porting process , the transferring provider shall reactivate the number or service of the end - user , on the same terms and conditions as the end - user was on prior to the switching process being initialised , until the porting or switching process is successful . national regulatory authorities shall also take appropriate measures ensuring that end - users are adequately informed and protected throughout the switching process and are not switched to another provider against their will .


### member states shall ensure that all undertakings which assign telephone numbers to end - users meet all reasonable requests to make available , for the purposes of the provision of publicly available directory enquiry services and directories , the relevant information in an agreed format on terms which are fair , objective , cost oriented and non - discriminatory . ### member states shall ensure that all undertakings providing voice communication services meet all reasonable requests to make available , for the purposes of the provision of publicly available directory enquiry services and directories , the relevant information in an agreed format on terms which are fair , objective , cost oriented and non - discriminatory .


### the obligations referred to in the first subparagraph shall be reviewed by the member states at the latest within one year of [ date of entry into force of this directive ] , except where member states have carried out such a review within the previous four years . ### the obligations referred to in the first and second subparagraphs shall be reviewed by the member states at the latest within one year of [ date of entry into force of this directive ] , except where member states have carried out such a review within the previous four years .


### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks . where remuneration is provided for , member states shall ensure that it is applied in a proportionate and transparent manner . ### member states shall determine appropriate remuneration in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks . where remuneration is provided for , member states shall ensure that it is applied in a proportionate and transparent manner .


### the costs incurred in connection with the establishment and operation of the central system , the communication infrastructure , the interface software and the ecris reference implementation shall be borne by the general budget of the union . ### the costs incurred in connection with the establishment and operation of the central system , the communication infrastructure , the interface software and the ecris reference implementation shall be borne by the general budget of the union . the annual appropriations shall be authorised by the european parliament and the council within the limits of the multiannual financial framework and within the framework of the annual budgetary procedure .


### by [ six months after the entry into force of this regulation ] and every six months thereafter during the development phase , eu - lisa shall submit a report to the european parliament and the council on the state of play of the development of the ecris - tcn system . once the development is finalised , a report shall be submitted to the european parliament and the council explaining how the objectives , in particular relating to planning and costs , were achieved , as well as justifying any divergences . ### by [ six months after the entry into force of this regulation ] and every six months thereafter during the development phase , eu - lisa shall submit a report to the european parliament and the council on the state of play of the development of the ecris - tcn system . that report shall include an overview of the current development of costs and progress of the project , a financial impact assessment , and information on any technical problems and risks that may impact the overall costs of the system to be borne by the general budget of the union in accordance with article 31 .


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods exceeding a certain age and value threshold . for that purpose , it is appropriate to set a 500 year minimum age threshold and a €150 000 minimum value threshold for all categories of cultural goods . these thresholds will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage .


### temporary admission of cultural goods for educational , scientific or academic research purposes should not be subject to the presentation of a licence or of a statement . ### temporary admission of cultural goods for conservation , educational , exhibition , restoration , scientific and academic research purposes should not be subject to the presentation of a licence or of an extended description of goods .