### within six weeks of the end of each quarter , member states shall send eurostat their statistical data on products placed under the customs procedure for release for free circulation during that quarter under the tariff preferences according to council regulation no 471 / 2009 . these data , supplied by reference to the combined nomenclature codes and , where applicable , the taric codes , shall show , by country of origin , the values , quantities and any supplementary units required in accordance with the definitions in this regulation . ### within the period foreseen in art 8 of council regulation no 471 / 2009 , member states shall send eurostat their statistical data on products placed under the customs procedure for release for free circulation during that monthly reference period under the tariff preferences according to council regulation no 471 / 2009 . these data , supplied by reference to the combined nomenclature codes and , where applicable , the taric codes , shall show , by country of origin , the values , quantities and any supplementary units required in accordance with the definitions in this regulation . eurostat shall disseminate these statistical data in accordance with art 10 of that regulation .


### a delegated act adopted pursuant to paragraph 2 shall enter into force only if no objection has been expressed by either the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to paragraph 2 shall enter into force only if no objection has been expressed by either the european parliament or the council within a period of six months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council .


### a delegated act adopted pursuant to paragraph 2 shall enter into force only if no objection has been expressed by either the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to paragraph 2 shall enter into force only if no objection has been expressed by either the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by four months at the initiative of the european parliament or the council .


### where reference is made to this paragraph , article 8 of regulation no 182 / 2011 shall apply in conjunction with article 5 thereof . ### where reference is made to this paragraph , article 8 of regulation no 182 / 2011 shall apply in conjunction with article 4 thereof .


### ‘ intra - corporate transfer’ means the temporary secondment of a third - country national from an undertaking established outside the territory of a member state and to which the third - country national is bound by a work contract , to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory ; ### ‘ intra - corporate transfer’ means the temporary secondment of a third - country national not resident within the territory of the member states from an undertaking established outside the territory of a member state and to which the third - country national is bound by a work contract , to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory ; this transfer is intended to cover similar situations as provided for in article 1 of directive 96 / 71 / ec .


### ‘ intra - corporate transfer’ means the temporary secondment of a third - country national from an undertaking established outside the territory of a member state and to which the third - country national is bound by a work contract , to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory ; ### ‘ intra - corporate transfer’ means the temporary secondment of a third - country national not resident within the territory of the european union from an undertaking that is established outside the territory of a member state and to which the third - country national will return owing to a binding work contract , to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory ;


### in the recent financial crisis , uncoordinated increases in the coverage levels across the eu led to depositors shifting money to banks in countries where deposit guarantees were higher . this drained liquidity from banks in times of stress . in times of stability , different coverage levels may lead to depositors choosing the highest deposit protection rather than the most suitable deposit product . this may result in competitive distortions in the internal market . it is therefore indispensable to ensure a harmonised level of deposit protection wherever deposits are located in the union . however , certain deposits relating to the personal situation of depositors may be covered at a higher level but for a limited time . ### in the recent financial crisis , uncoordinated increases in the coverage levels across the eu have in some cases led to depositors shifting money to banks in countries where deposit guarantees were higher . this drained liquidity from banks in times of stress . it is therefore indispensible to ensure a harmonized level of deposit protection by all recognized dgs , wherever deposits are located in the union . however , certain deposits relating to the personal situation of depositors may be covered at a higher level but for a limited time .


### the same coverage level should apply to all depositors regardless of whether a member state ' s currency is the euro or not and regardless of whether a bank is a member of a system which protects the credit institution itself . member states outside the euro area should have the possibility to round off the amounts resulting from the conversion without compromising the equivalent protection of depositors . ### the same legal entitlement in relation to the deposit guarantee scheme should apply to all depositors in all member states in accordance with the coverage level provided for in this directive , regardless of member state ' s currency and regardless of whether a bank is a member of a system which protects the credit institution itself . member states outside the euro area should have the possibility to round off the amounts resulting from the conversion without compromising the equivalent protection of depositors .


### certain depositors should not be eligible for deposit protection , in particular public authorities or other financial institutions . their limited number compared to all other depositors minimises the impact on financial stability in case of a bank failure . authorities also have much easier access to credit than citizens . non - financial businesses should in principle be covered , regardless of their size . ### certain depositors should not be eligible for deposit protection , in particular government and central , provincial and regional authorities or other financial institutions . their limited number compared to all other depositors minimises the impact on financial stability in case of a bank failure . moreover , government and central , provincial and regional authorities also have much easier access to credit than citizens . however , member states should ensure that the deposits of local municipalities are covered by this directive so that they can fulfil their functions even in the case of bank failure . non - financial businesses should in principle be covered , regardless of their size .


### the financial means of deposit guarantee schemes should principally be used for the repayment of depositors . they could , however , also be used in order to finance the transfer of deposits to another credit institution , provided that the costs borne by the deposit guarantee scheme do not exceed the amount of covered deposits at the credit institution concerned . they could also to a certain extent , as circumscribed in the directive , be used to finance the prevention of bank failures . such measures should comply with state aid rules . this is without prejudice to the future commission policy concerning the establishment of national bank resolution funds . ### the member states shall determine the procedures for raising the resources needed to ensure that deposit guarantee schemes have sufficient financial means for the repayment of depositors as laid down by this directive in the event of insolvency of a credit institution . in many cases , however , support measures should be taken to avert the insolvency of a credit institution since they have a more favourable effect in guaranteeing deposits than reimbursement of depositors . moreover , such measures may make it possible to avoid further costs and adverse effects on financial stability and the confidence of depositors . it should therefore also be possible to use the resources of deposit guarantee schemes for support measures . support measures should always entail conditions with which the institution receiving the support must comply . it should , however , also be possible to use them in conjunction with the proper functioning of a credit institution , provided that the costs borne by the deposit guarantee scheme do not exceed the amount of covered deposits at the credit institution concerned . such measures should comply with state aid rules . these options for action by deposit guarantee scheme operators are without prejudice to the future commission policy concerning the establishment of national bank resolution funds .


### the financial means of deposit guarantee schemes should principally be used for the repayment of depositors . they could , however , also be used in order to finance the transfer of deposits to another credit institution , provided that the costs borne by the deposit guarantee scheme do not exceed the amount of covered deposits at the credit institution concerned . they could also to a certain extent , as circumscribed in the directive , be used to finance the prevention of bank failures . such measures should comply with state aid rules . this is without prejudice to the future commission policy concerning the establishment of national bank resolution funds . ### the financial means of deposit guarantee schemes should principally be used for the repayment of depositors . they could exceptionally also be used in order to finance the transfer of deposits to another credit institution , provided that the costs borne by the deposit guarantee scheme do not exceed the lowest of a ) the amount of covered deposits at the credit institution concerned or b ) the net costs resulting out of repayment according to article 7 , paragraph 1 of this directive . the available financial means may not be used for other purposes or forms of resolution .


### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . this would allow to reflect the risk profiles of individual banks and lead to a fair calculation of contributions and to provide incentives to operate under a less risky business model . developing a set of core indicators mandatory for all member states and another set of optional supplementary indicators would introduce such harmonisation gradually . ### member states are encouraged to set the contributions to deposit guarantee schemes reflecting the risk profiles of individual banks and leading to a fair calculation of contributions and providing incentives to operate under a less risky business model . in the case of particularly low - risk sectors of lending which are governed by special laws , including building savings banks , corresponding special arrangements should be provided for .


### the payout delay of at maximum six weeks from 31 december 2010 , runs counter to the need to maintain depositor confidence and does not meet their needs . the payout delay should therefore be reduced to a period of one week . ### the payout delay of a maximum of six weeks from 31 december 2010 runs counter to the need to maintain depositor confidence and does not meet their needs . the payout delay should therefore be reduced to a period of 7 working days by 31 december 2013 .


### the relevant competent authorities have determined that in their view the credit institution concerned appears to be unable for the time being , for reasons which are directly related to its financial circumstances , to repay the deposit and to have no current prospect of being able to do so . the competent authorities shall make that determination as soon as possible and in any event no later than five working days after first becoming satisfied that a credit institution has failed to repay deposits which are due and payable ; or ### the relevant competent authorities have determined that , according to information currently available to them , the credit institution concerned is unable for the time being , for reasons which are directly related to its financial circumstances , to repay the deposit and have no current prospect of being able to do so . the competent authorities shall make that determination as soon as possible and in any event no later than five working days after first becoming satisfied that a credit institution has failed to repay deposits which are due and payable ; or


### ' target level ' means 1 . 5% of eligible deposits for the coverage of which a deposit guarantee scheme is responsible ; ### ' target level ' means 1% of covered deposits for the coverage of which a deposit guarantee scheme is responsible


### ' available financial means ' means cash , deposits and low - risk assets with a residual term to final maturity of 24 months or less , which can be liquidated within a time limit not exceeding the limit set by article 7 ; ### ' available financial means ' means cash , deposits and low - risk assets , which can be liquidated within a time limit not exceeding the limit set by article 7 ;


### if a credit institution does not comply with the obligations incumbent on it as a member of a deposit guarantee scheme , the competent authorities which issued its authorization shall be notified and , in collaboration with the guarantee scheme , shall take all appropriate measures including the imposition of sanctions to ensure that the credit institution complies with its obligations . ### if a credit institution does not comply with the obligations incumbent on it as a member of a deposit guarantee scheme , the competent authorities which issued its authorization shall be notified immediately and , in collaboration with the deposit guarantee scheme , shall promptly take all appropriate measures including the imposition of sanctions to ensure that the credit institution complies with its obligations .


### such tests shall take place at least every three years or when the circumstances require it . the first test shall take place by 31 december 2013 . ### such tests shall take place at least every year or more frequently when the circumstances require it . the first test shall take place by 31 december 2013 .


### deposits the holder of which has never been identified pursuant to article 3 of directive 91 / 308 / eec , when they have become unavailable , ### deposits the holder of which has been identified pursuant to article 3 of directive 91 / 308 / eec at the time of the activation , during and following the repayment of deposit guarantees ,


### the amount referred to in paragraph 1 shall be reviewed periodically by the commission at least once every five years . if appropriate , the commission shall submit to the european parliament and to the council a proposal for a directive to adjust the amount referred to in paragraph 1 , taking account in particular of developments in the banking sector and the economic and monetary situation in the union . the first review shall not take place before 31 december 2015 unless unforeseen events necessitate an earlier review . ### the amount referred to in paragraph 1 shall be reviewed periodically by the commission at least once every five years . if appropriate , the commission shall submit to the european parliament and to the council a proposal for a directive to adjust the amount referred to in paragraph 1 , taking account in particular of developments in the banking sector and the economic and monetary situation in the union , and notably of currency fluctuations . the first review shall not take place before 31 december 2015 unless unforeseen events necessitate an earlier review .


### deposit guarantee schemes shall be in a position to repay unavailable deposits within 7 days of the date on which the competent authorities make a determination as referred to in article 2 or a judicial authority makes a ruling as referred to in article 2 . ### as of 31 december 2016 , deposit guarantee schemes shall be in a position to repay unavailable deposits within 7 days of the date on which the competent authorities make a determination as referred to in article 2 or a judicial authority makes a ruling as referred to in article 2 .


### deposit guarantee schemes shall be in a position to repay unavailable deposits within 7 days of the date on which the competent authorities make a determination as referred to in article 2 or a judicial authority makes a ruling as referred to in article 2 . ### deposit guarantee schemes shall repay unavailable deposits within 7 working days of the date on which the competent authorities make a determination as referred to in article 2 or a judicial authority makes a ruling as referred to in article 2 .


### without prejudice to any other rights which they may have under national law and subject to paragraph 3 , schemes which make payments under guarantee shall have the right of subrogation to the rights of depositors in liquidation proceedings for an amount equal to their payments . ### without prejudice to any other rights which they may have under national law , schemes which make payments under guarantee shall have the right of subrogation to the rights of depositors in liquidation proceedings for an amount equal to their payments . rights subject to the right of subrogation referred to in this paragraph , shall have the first rank after the right of depositors referred to in paragraph 1 and before all other rights against the liquidator .


### the competent authorities may entirely or partially exempt a credit institution from the obligation referred to in paragraph 2 if the sum of payments referred to in paragraphs 1 and 2 would jeopardize the settlement of claims of other creditors against it . such exemption shall not be granted for a longer period than 6 months but may be renewed on request of the credit institution . ### the competent authorities may entirely or partially exempt a credit institution from the obligation referred to in that paragraph if the sum of payments referred to in paragraph 1 would jeopardize the settlement of claims of other creditors against it . such exemption shall not be granted for a longer period than 6 months but may be renewed on request of the credit institution .


### on a case by case basis and subject to authorisation by the competent authorities following a reasoned request by the deposit guarantee scheme concerned , the percentage referred to in may be set between 0 , 75 and 1 % . ### on a case by case basis and subject to authorisation by the competent authorities following a reasoned request by the deposit guarantee scheme concerned , the percentage referred to in may be set between 0 , 5 and 0 , 75% .


### the total amount lent may not exceed 0 . 5% of eligible deposits of the borrowing scheme . ### the total amount lent may not exceed 0 . 5% of covered deposits of the borrowing scheme .


### the contributions to deposit guarantee schemes referred to in article 9 shall be determined for each member on the basis of the degree of risk incurred by it . credit institutions shall not pay less than 75% or more than 200% of the amount that a bank with an average risk would have to contribute . member states may decide that members of schemes referred to in article 1 and pay lower contributions to deposit guarantee schemes but not less than 37 . 5% of the amount that a bank with an average risk would have to contribute . ### the contributions to deposit guarantee schemes referred to in article 9 shall be determined for each member on the basis of the degree of risk incurred by it . credit institutions shall not pay less than 75% or more than 200% of the amount that a credit institution with an average risk would have to contribute .


### by 31 december 2012 , the european banking authority shall issue guidelines on the application of annex ii part b pursuant to [ article 8 of the eba regulation ] ### by 31 december 2012 , the european banking authority shall issue guidelines on the application of annex ii part b and for the separate risk - based methods developed by the deposit guarantee schemes under paragraph 3 pursuant to the procedure in article 16 of regulation no 1093 / 2010


### depositors at branches set up by credit institutions in other member states or in member states where a credit institution authorised in another member state operates shall be repaid by the scheme of the host member state on behalf of the scheme in the home member state . the home scheme shall reimburse the host scheme . ### depositors at branches set up by credit institutions in other member states or in member states where a credit institution authorised in another member state operates shall be repaid by the scheme of the host member state , once the necessary funds are put forward , on behalf of the scheme in the home member state . the home scheme shall reimburse the host scheme .


### member states shall ensure that credit institutions make available to actual and intending depositors the information necessary for the identification of the deposit guarantee scheme of which the institution and its branches are members within the union . . when a deposit is not guaranteed by a deposit guarantee scheme in accordance with article 4 , the credit institution shall inform the depositor accordingly . ### member states shall ensure that credit institutions make available to actual and intending depositors the information necessary for the identification of the deposit guarantee scheme of which the institution and its branches are members within the union . . when a deposit is not guaranteed by a deposit guarantee scheme in accordance with article 4 , 1 a - g , i - k and article 4 , 2 , the credit institution shall inform the depositor accordingly .


### member states shall ensure that credit institutions make available to actual and intending depositors the information necessary for the identification of the deposit guarantee scheme of which the institution and its branches are members within the union . . when a deposit is not guaranteed by a deposit guarantee scheme in accordance with article 4 , the credit institution shall inform the depositor accordingly . ### member states shall ensure that credit institutions make available to actual and intending depositors sufficient information necessary for the identification of the deposit guarantee scheme of which the institution and its branches are members within the union . when a deposit is not guaranteed by a deposit guarantee scheme in accordance with article 4 , the credit institution shall inform the depositor accordingly and in that case depositors shall be offered the possibility to withdraw their deposits without incurring any penalty fees , and with the right to all accrued interest and benefits .


### information to actual depositors shall be provided on their statements of account . this information shall consist of a confirmation that the deposits are eligible pursuant to article 2 and article 4 . moreover , reference shall be made to the information sheet in annex iii and where it can be obtained . the web site of the responsible deposit guarantee scheme may also be indicated . ### information to actual depositors shall be provided on their statements of account . this information shall consist of a confirmation that the deposits are eligible pursuant to article 2 and article 4 . moreover , reference shall be made to the information sheet in annex iii and where it can be obtained . the website of the responsible dgs must be indicated . the website must contain the necessary information for depositors , in particular information concerning the provisions regarding the process and conditions of deposit guarantees as envisaged by this directive .


### information to actual depositors shall be provided on their statements of account . this information shall consist of a confirmation that the deposits are eligible pursuant to article 2 and article 4 . moreover , reference shall be made to the information sheet in annex iii and where it can be obtained . the web site of the responsible deposit guarantee scheme may also be indicated . ### information to actual depositors shall be provided on their statements of account . this information shall consist of a confirmation that the deposits are eligible pursuant to article 2 and article 4 . moreover , reference shall be made to the information sheet in annex iii . that information sheet shall be attached to one of their statements of account at least once a year . the web site of the responsible deposit guarantee scheme shall also be indicated .


### the information provided for in paragraph 1 shall be made available in the manner prescribed by national law in the official language or languages of the member state in which the branch is established . ### the information provided for in paragraph 1 shall be made available in the manner prescribed by national law in the official language or languages of the member state in which the branch is established , and , where the depositor so requests and the branch is able to grant that request , in other languages .


### if credit institutions merge , their depositors shall be informed of the merger at least one month before it takes legal effect . depositors shall be informed that when the merger becomes effective , all their deposits held with each of the merging banks would after the merger be aggregated in order to determine their coverage under the deposit guarantee scheme . ### if credit institutions merge , their depositors shall be informed of the merger at least one month before it takes legal effect . depositors shall be informed that when the merger becomes effective , all their deposits held with each of the merging banks would after the merger be aggregated in order to determine their coverage under the deposit guarantee scheme . depositors will be given a three - month period following the notification of the merger to have the opportunity to transfer their deposits exceeding the coverage guaranteed in article 5 to another bank or bank brand without incurring any penalty fees , and with the right to all accrued interest and benefits . during this three - month period , if the amount set out in article 5 is exceeded , the protection will be extended by multiplying the amount set out in article 5 by the number of credit institutions which have merged .


### if a depositor uses internet banking , the information required to be disclosed by this directive shall be communicated by electronic means in a way that brings it to the attention of the depositor . ### if a depositor uses internet banking , the information required to be disclosed by this directive shall be communicated by electronic means in a way that brings it to the attention of the depositor or on paper if the depositor chooses .


### in the list of authorized credit institutions which it is required to draw up pursuant to article 14 of directive 2006 / 48 / ec the commission shall indicate the status of each credit institution with regard to this directive . ### in the list of authorized credit institutions which it is required to draw up pursuant to article 14 of directive 2006 / 48 / ec the commission shall indicate in a transparent method the status of each credit institution with regard to this directive .


### the commission , supported by the [ european banking authority ] , shall submit to the european parliament and to the council by 31 december 2015 a report on the progress towards the implementation of this directive . this report should cover notably the possibility to determine the target level on the basis of covered deposits , without diminishing the protection of depositors . ### the commission , supported by the european banking authority , shall submit to the european parliament and to the council by 31 december 2015 a report on the progress towards the implementation of this directive .


### if a deposit which is due and payable has not been paid by a credit institution for reasons which are directly related to its financial circumstances , depositors are repaid by a deposit guarantee scheme . the [ insert product ] of the [ insert name of the account - holding credit institution ] is in general covered by the responsible deposit guarantee scheme . ### if your deposit which is due and payable has not been paid by your credit institution for reasons which are directly related to its financial circumstances , you , as the depositor , are repaid by a deposit guarantee scheme . the [ insert product ] of the [ insert name of the account - holding credit institution ] is covered by the responsible deposit guarantee scheme in accordance with directive 2011 / . . . / eu of the european parliament and of the council on deposit guarantee schemes * . ________ * oj : add directive number and publication reference .


### this repayment covers at maximum eur 100 000 per bank . this means that all deposits at the same bank are aggregated in order to determine the coverage level . if , for instance a depositor holds a savings account with eur 90 000 and a current account with eur 20 000 , he or she will only be repaid eur 100 000 . ### this repayment covers at maximum eur 100 000 per bank . this means that all your deposits at the same bank are aggregated in order to determine the coverage level . for example : if a depositor holds a savings account with eur 90 000 and a current account with eur 20 000 , he or she will only be repaid eur 100 000 .


### [ only where applicable ] : this method will also be applied if a bank operates under different trading names . the [ insert name of the account - holding credit institution ] also trades under [ insert all other brands of the same credit institution ] . this means that all deposits with one or more of these brand names are in total covered up to eur 100 000 . ### [ only applicable if a member state decides not to apply the provisions in article 6 ] : this method will also be applied if a bank operates under different brand names for its customers . the [ insert name of the account - holding credit institution ] also trades under [ insert all other brands of the same credit institution ] . this means that all deposits with one or more of these brand names are each covered up to eur 100 000 .


### in general , all retail depositors and businesses are covered by deposit guarantee schemes . exceptions for certain deposits are stated on the web site of the responsible deposit guarantee scheme . your bank will also inform you on request whether certain products are covered or not . if deposits are covered , the bank shall also confirm this on the statement of account . ### in general , depositors are covered by deposit guarantee schemes . exceptions for certain deposits are stated on the web site of the responsible deposit guarantee scheme [ insert web site of the responsible dgs ] . your bank also has to inform you on request whether certain products are covered or not . if deposits are covered , the bank shall also specify this on your statement of account .


### if you have not been repaid within these deadlines , you should take contact with the deposit guarantee scheme since the time to claim reimbursement may be barred after a certain time limit . further information can be obtained under [ insert web site of the responsible dgs ] . ### if you have not been repaid within these deadlines , you should take contact with the deposit guarantee scheme since the time to claim reimbursement is barred after a [ insert relevant time period applicable in the member state and the exact reference of the national law and the particular article , which governs these provisions ] . further information can be obtained under [ insert web site of the responsible dgs ] .


### [ only where applicable : ] your deposit is guaranteed by an institutional guarantee scheme [ recognized / not recognized ] as a deposit guarantee scheme . this means that all banks that are members of this scheme mutually support each other in order to avoid a bank failure . however , if a bank failure would nevertheless occur , your deposits will be repaid up to eur 100 000 . ### [ only where applicable : ] your deposit is guaranteed by an institutional guarantee scheme [ recognized / not recognized ] as a deposit guarantee scheme . this means that all institutes that are members of this scheme mutually support each other in order to avoid insolvency . . however , if a bank failure would nevertheless occur , your deposits will be repaid up to eur 100 000 , in the framework of the approved deposit guarantee .


### [ only where applicable : ] your deposit is guaranteed by an institutional guarantee scheme [ recognized / not recognized ] as a deposit guarantee scheme . this means that all banks that are members of this scheme mutually support each other in order to avoid a bank failure . however , if a bank failure would nevertheless occur , your deposits will be repaid up to eur 100 000 . ### [ only where applicable : ] your deposit is guaranteed by an institutional guarantee scheme . this means that all banks that are members of this scheme mutually support each other in order to avoid a bank failure . however , if a bank failure would nevertheless occur , your deposits will be repaid up to eur 100 000 .


### agricultural vehicles with a maximum design speed exceeding 40 km / h are more and more used to replace trucks in local transport activities . their risk potential is comparable to that of trucks and therefore this vehicle category should be treated in the same way as trucks regarding roadworthiness testing . ### agricultural vehicles with a maximum design speed exceeding 40 km / h are more and more used to replace trucks in local transport activities , and thus compete with traditional modes of transport of goods . their risk potential is comparable to that of trucks and therefore this vehicle category should be treated in the same way as trucks regarding roadworthiness testing .


### roadworthiness testing is a sovereign activity and should therefore be done by the member states or by entrusted bodies under their supervision . member states should remain responsible for roadworthiness testing in any cases even if the national system allows for authorisation of private bodies , including those involved in performing repairs . ### roadworthiness testing is a sovereign activity and should therefore be done by the member states or by entrusted bodies under their supervision . member states should remain responsible for organising roadworthiness testing in any cases even if the national system allows for authorisation of private bodies , including those involved in performing repairs .


### for the inspection of vehicles and especially for their electronic safety components it is crucial to have access to the technical specifications of each single vehicle . therefore vehicle manufacturers should not only provide the complete set of data as covered by the certificate of conformity but also the access to data necessary for verification of the functionality of safety and environmental related components . the provisions related to access to repair and maintenance information should be applied similarly for this purpose , allowing inspection centres to have access to those information - elements necessary for roadworthiness testing . this is of crucial importance especially in the field of electronic controlled systems and should cover all elements that have been installed by the manufacturer . ### for the inspection of vehicles and especially for their electronic safety components it is crucial to have access to the technical specifications of each single vehicle . therefore vehicle manufacturers should not only provide the complete set of data as covered by the certificate of conformity but also the access to data necessary for verification of the functionality of safety and environmental related systems . the data should include the details that allow the functionality of the vehicle safety systems to be controlled in a way that allows them to be tested in a periodic roadworthiness test environment to create a predictable pass or fail assessment . the provisions related to access to repair and maintenance information should be applied similarly for this purpose , allowing inspection centres to have access to those information - elements necessary for roadworthiness testing . this is of crucial importance especially in the field of electronic controlled systems and should cover all elements that have been installed by the manufacturer .


### odometer fraud is considered to affect between 5% and 12% of used cars sales , resulting in a very important cost to society of several billions euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle . with a view to combat odometer fraud , the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering or manipulation of the odometer . odometer fraud should also be more systematically considered as an offence liable to a penalty . ### odometer fraud is considered to affect between 5% and 12% of used cars sales within a single country , while the figure is far higher in the case of cross - border sales , resulting in a very important cost to society of several billions euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle . with a view to combat odometer fraud , the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering or manipulation of the odometer . member states may monitor the accuracy of mileage readings throughout the lifetime of a vehicle by means of central databases containing information on all mileage readings registered with various parties . odometer fraud should also be more systematically considered as an offence liable to a penalty .


### for the purposes of checking the odometer reading , and where this information was not communicated electronically following the previous roadworthiness test , the inspector shall require the person presenting the vehicle to the test to show the certificate issued following the previous roadworthiness test . ### for the purposes of checking the odometer reading , and where normally fitted , the information of the previous roadworthiness test shall be made available to the inspector electronically . until electronic transfer of information is established , the inspector shall require the person presenting the vehicle to the test to show the certificate issued following the previous roadworthiness test . the odometer reading taken during the last roadworthiness test shall be made electronically available to the interested parties . this information may not contain personal data .


### for the purposes of checking the odometer reading , and where this information was not communicated electronically following the previous roadworthiness test , the inspector shall require the person presenting the vehicle to the test to show the certificate issued following the previous roadworthiness test . ### member states shall ensure that , for the purposes of checking the odometer , where normally fitted , the information of the previous roadworthiness test shall be made available to the inspector electronically . the odometer reading taken during the last roadworthiness test shall be made electronically available to the interested parties .


### the commission shall examine the feasibility , costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers . ### the commission shall examine what is the most efficient and effective way of establishing an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers .


### the commission shall examine the feasibility , costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers . ### the commission shall examine the feasibility , costs and benefits of the establishment of an electronic vehicle information platform by taking advantage of existing and already implemented it solutions with regard to international data exchange so as to minimize costs and to avoid duplications . the examination shall consider the most appropriate way to link the existing national systems with a view to exchange information on data related to roadworthiness testing and odometer readings between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres , the test equipment manufacturers and the vehicle manufacturers .


### it shall , on the basis of that examination , put forward and evaluate different policy options , including the possibility to remove the requirement of a proof of test as provided for in article 10 . within two years after the date of application of this regulation , the commission shall report to the european parliament and to the council on the results of the examination , and accompany it with a legislative proposal , if appropriate . ### it shall , on the basis of that examination , put forward and evaluate different policy options , including the possibility to remove the requirement of a proof of test as provided for in article 10 and the establishment of a system for exchanging information about mileage readings between member states in the event of cross - border sales . within two years after the date of application of this regulation , the commission shall report to the european parliament and to the council on the results of the examination , and accompany it with a legislative proposal , if appropriate .


### the financial crisis has exposed weaknesses in the functioning and in the transparency of financial markets . the evolution of financial markets have exposed the need to strengthen the framework for the regulation of markets in financial instruments in order to increase transparency , better protect investors , reinforce confidence , reduce unregulated areas , ensure that supervisors are granted adequate powers to fulfil their tasks . ### the financial crisis has exposed weaknesses in the functioning and in the transparency of financial markets . the evolution of financial markets have exposed the need to strengthen the framework for the regulation of markets in financial instruments in order to increase transparency , better protect investors , reinforce confidence , reduce unregulated areas , ensure that supervisors are granted adequate powers to fulfil their tasks . as commodity derivative markets have an effect on global food prices , strengthening the regulatory framework is also necessary in order to ensure policy coherence for development as enshrined in article 208 tfeu .


### the european parliament emphasised in its resolution of 7 september 2010 on the interconnection of business registers28 that the usefulness of the project for the further integration of the european economic area can only be exploited if all member states take part in the network . ### the european parliament emphasised in its resolution of 7 september 2010 on the interconnection of business registers28 that the usefulness of the project for the further integration of the european economic area can only be exploited if all member states take part in the network , and that better and easier access to information is necessary in order to assist small and medium - sized enterprises , which are a key element in the backbone of the european economy and the main motor for creating jobs , economic growth and social cohesion in europe , as it helps to lighten the administrative burdens of such enterprises .


### in order to ensure that there are no significant differences in the quality of the documents and particulars registered in the union , member states should ensure that any information registered under article 2 of directive 2009 / 101 / ec is updated , and the update is disclosed , not later than on the fifteenth calendar day after the event occurred that resulted in a change in the registered data . furthermore , to improve the protection of third parties in other member states , all documents and particulars transmitted through the network should be accompanied by clear information on the legal value thereof . ### in order to ensure that there are no significant differences in the quality of the documents and particulars registered in the union , member states should ensure that any information registered under article 2 of directive 2009 / 101 / ec is updated , and the update is disclosed , not later than on the fifteenth calendar day after the event occurred that resulted in a change in the registered data . furthermore , to improve the protection of third parties in other member states , all documents and particulars transmitted through the network should be accompanied by clear information on the legal status and value thereof .


### the method of identifying the link between a company and its branch ; ### the method of forming the identification number for the purpose of identifying the link between a company and its branch ;


### however , the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement . they still suffer from discrimination on the grounds of nationality when moving across european union borders of the member states . there is , therefore , a gap between the legislation and its application in practice that needs to be addressed . ### however , the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement . they still suffer from discrimination on the grounds of nationality when moving across european union borders of the member states . there is , therefore , a gap between the legislation and its application in practice that needs to be addressed , as shown by the statistics for citizens ' problems resolved in the framework of the solvit european system .


### in its employment package of 18 april 2012 , the commission announced its intention to ' present a legislative proposal in order to support mobile workers in the exercise of rights derived from the treaty and regulation 492 / 2011 on freedom of movement for workers within the union ' . ### in its employment package of 18 april 2012 , the commission announced its intention to ‘ present a legislative proposal in order to support mobile workers in the exercise of rights derived from the treaty and regulation 492 / 2011 on freedom of movement for workers within the union’ . in seeking to achieve that objective , the commission is committed not only to facilitating the mobility of workers within the union towards regions with a labour shortage , but also to ensuring they can exercise their rights more freely , and preferably to the full .


### to that end it is appropriate to provide specific rules for effective enforcement of the substantive rules governing the freedom of movement of workers , and to facilitate better and more uniform application of article 45 of the treaty and of regulation no 492 / 2011 . ### to that end it is appropriate to provide specific rules for effective enforcement of the substantive rules governing the freedom of movement of workers , and to facilitate better and more uniform application of article 45 of the treaty and of regulation no 492 / 2011 . in particular , in order to ensure the equal treatment of all eu citizens , member states should adopt specific measures in respect of the most vulnerable members of society . targeted measures need to be taken to meet the specific needs of women exercising their right to freedom of movement who are single mothers and / or have disabled children or are caring for elderly relatives .


### to provide more effective levels of protection , associations and legal entities should also be empowered to engage , as the member states determine , on behalf of or in support of any victim in proceedings , without prejudice to national rules of procedure concerning representation and defense before the courts . ### to provide more effective levels of protection , associations and legal entities should also be empowered to engage , as the member states determine , on behalf of or in support of any victim of discrimination in proceedings , without prejudice to national rules of procedure concerning representation and defence before the courts .


### member states shall ensure that judicial and / or administrative procedures , including where they deem it appropriate , conciliation procedures , for the enforcement of the obligations under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 , are available to all workers and members of their families who consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them , even after the relationship in which the discrimination is alleged to have occurred has ended . ### member states shall ensure that fast - track judicial and / or administrative procedures , including where they deem it appropriate , conciliation procedures , for the enforcement of the obligations under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 , are put in place and available to all workers and members of their families who consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them , even after the relationship in which the discrimination is alleged to have occurred has ended .


### member states shall ensure that judicial and / or administrative procedures , including where they deem it appropriate , conciliation procedures , for the enforcement of the obligations under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 , are available to all workers and members of their families who consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them , even after the relationship in which the discrimination is alleged to have occurred has ended . ### member states shall ensure that judicial and / or administrative procedures , including where they deem it appropriate , conciliation procedures , for the enforcement of the obligations under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 , are available to all workers and members of their families who consider they have suffered from discrimination on the grounds of nationality , religion , race , gender or sexual orientation , or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them , even after the relationship in which the discrimination is alleged to have occurred has ended .


### member states shall ensure that associations , organisations or other legal entities , which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , either on behalf of or in support of the worker and members of his / her family , with his / her approval , in any judicial and / or administrative procedure provided for the enforcement of rights under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 . ### member states shall ensure that associations , organisations or other legal entities , which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , either on behalf of or in support of the worker and members of his / her family , with his / her express approval , in any judicial and / or administrative procedure provided for the enforcement of rights under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 .


### member states shall designate a structure , a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies . these bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds . in that case , the member state shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer . ### member states shall designate a structure , a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination , particularly on grounds of nationality , and make the necessary arrangements for functioning of such bodies . these bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds . in that case , the member state shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer .


### member states shall encourage dialogue with appropriate non - governmental organisations and the social partners which have , in accordance with their national law and practice , a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment . ### member states shall encourage dialogue with appropriate non - governmental organisations and the social partners which have , in accordance with their national law and practice , a legitimate interest in contributing to the fight against discrimination on grounds of nationality or any other reason , with a view to promoting the principle of equal treatment .


### member states shall provide clear , easily accessible , comprehensive and up - to - date information on the rights conferred by the union law on free movement of workers . . this information should also be easily accessible through your europe and eures . ### member states shall provide clear , free , easily accessible , comprehensive and up - to - date information on the rights conferred by the union law on free movement of workers . this information should also be easily accessible through your europe and eures .


### in order to attain its objectives , the copernicus programme should rely on an autonomous union’s capacity for space - borne observations and provide operational services in the field of environment , civil protection and security . it should also make use of the available in - situ data provided , namely , by the member states . the provision of operational services depends on the well - functioning and safety of the copernicus space component . the increasing risk of collision with other satellites and space debris is the most serious threat to the copernicus space component . therefore , the copernicus programme should support actions aimed at reducing such risks , in particular by contributing to the programme established by decision [ xxx ] of the european parliament and the council establishing a space surveillance and tracking support programme . ### in order to attain its objectives , the copernicus programme should rely on an autonomous union’s capacity for space - borne observations and provide operational services in the field of environment , civil protection and security . it should also make use of the available in - situ data provided , namely , by the member states . the provision of operational services depends on the well - functioning and safety of the copernicus space component . the increasing risk of collision with other satellites and space debris is the most serious threat to the copernicus space component . therefore , the copernicus programme should support actions aimed at reducing such risks , in particular by providing , together with egnos / galileo , the largest contribution to the programme established by decision [ xxx ] of the european parliament and the council establishing a space surveillance and tracking support programme .


### the maximum financial envelope needed for the copernicus actions is eur 3 786 million in 2011 prices , allotted in a separate budget chapter under title 2 of heading 1a of the union ' s general budget . staff and administrative expenditures incurred by the commission in the coordination of the copernicus programme should be funded from the budget of the union . ### as a large scale project in the meaning of [ article 14 ] of the council regulation no . . . / 2013 laying down the multiannual financial framework for the years 2014 - 2020 , the maximum financial amount available for the copernicus actions and for any possible risk associated with its activities is eur 3 786 million in 2011 prices , allotted in a separate budget chapter under title 2 of heading 1a of the union ' s general budget . staff and administrative expenditures incurred by the commission in the coordination of the copernicus programme should be funded from the budget of the union . in the event of additional unforeseen financial obligations , any increase in the union contribution should not be at the expense of other programmes and should therefore be covered by the margin available between the mff ceilings and the own resources ceiling .


### in order to increase the value of copernicus to users , the commission should be assisted by representatives of mid and end - users , experts from member states including from relevant national agencies or by independent experts . ### in order to increase the value of copernicus to users , the commission should be assisted by a dedicated body bringing together representatives of mid and end - users , experts from member states including from relevant national agencies and independent experts . other relevant stakeholders could be invited to participate as observers .


### contribution to the protection of satellites against the risk of collision . ### contribution to the protection of satellites against the risk of collision through the implementation of the decision [ xxx ] of the european parliament and the council establishing a space surveillance and tracking support programme .


### the financial envelope allocated to the copernicus programme for the period 2014 &#8211 ; 2020 has a maximum amount of eur 3 786 million in 2011 prices . ### the maximum amount for the implementation of the copernicus programme and to cover the risks associated with its activities for the period 2014 &#8211 ; 2020 is set at eur 3 786 million in 2011 prices , in line with [ article 14 ] of the council regulation no [ . . . ] laying down the multiannual financial framework for the years 2014 - 2020 . within this amount , operational appropriations shall be distributed to the specific objectives as defined in article 3 , as follows : delivering the operational services referred to in point 1 of article 4 in accordance to users ' needs , [ x ] % ; providing a sustainable and reliable access to space - borne observations , [ x% ] .


### assistance to the commission ### user forum


### the commission may be assisted by representatives of end users , independent experts , in particular on security issues , and by representatives of the relevant national agencies , in particular national space agencies , to provide it with the necessary technical and scientific expertise and user feedback . ### the commission may be assisted by a dedicated body , the ' user forum ' , bringing together representatives of mid - and end - users , independent experts , in particular on security issues , and representatives of the relevant national agencies , in particular national space agencies , to provide it with the necessary technical and scientific expertise and user feedback . other stakeholders may be invited as observers .


### the introduction of a new title viiia in directive 2001 / 83 / ec of the european parliament and of the council of 6 november 2001 on a community code relating to medicinal products for human use addresses those concerns through various provisions intended to ensure the availability of good - quality , objective , reliable and non promotional information on medicinal products for human use subject to prescription . ### the introduction of a new title viiia in directive 2001 / 83 / ec of the european parliament and of the council of 6 november 2001 on a community code relating to medicinal products for human use addresses those concerns through various provisions intended to ensure the availability of good - quality , objective , reliable and non promotional information on medicinal products for human use subject to prescription and to place emphasis on the rights and interests of patients .


### therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services . such requests should only be refused on the basis of objective and duly substantiated criteria , which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in article 17 . in order to ensure a level playing field , wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access . a consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between member states . ### therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services . such requests should be proportional and in line with the needs of those seeking access , be they mobile network operators , virtual mobile network operators or retailers . they should only be refused on the basis of objective and duly substantiated criteria , which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in article 17 . in order to ensure a level playing field , wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access . a consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between member states .


### therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services . such requests should only be refused on the basis of objective and duly substantiated criteria , which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in article 17 . in order to ensure a level playing field , wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access . a consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between member states . ### therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services . such requests should only be refused on the basis of objective and duly substantiated criteria , which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in article 17 . in order to ensure a level playing field , wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this regulation applicable at the wholesale level and the relevant provisions of the access directive , which includes rules on non - discrimination and interoperability , and should take into account the different cost elements necessary for the provision of such access . a consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between member states .


### consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package . basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the union . consumers should be able to choose a different provider for roaming services without changing their number , and in a manner which ensures interoperability of services , with roaming services being provided anywhere in the union and with the same level of quality . ### in the member states where their contract for the provision of domestic mobile services is concluded , consumers should have the right to opt for the separate sale of retail roaming services from their domestic mobile package . consumers should be able to choose a different provider for retail roaming services without changing their number , and in a manner which ensures interoperability of services , with retail roaming services being provided anywhere in the union .


### consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package . basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the union . consumers should be able to choose a different provider for roaming services without changing their number , and in a manner which ensures interoperability of services , with roaming services being provided anywhere in the union and with the same level of quality . ### consumers should have the right , in a consumer - friendly way , to opt for the separate sale of roaming services from their domestic mobile package . there are currently several ways in which a facility for separate sale of roaming services could be technically implemented , including dual imsi , single imsi and combinations of dual or single imsi with a right for the subscriber to transfer to a provider in a visited country . while this regulation should not lay down any particular technical solution to achieve the aim of enabling separate sale of roaming services , but instead pave the way for the most effective and efficient solution , including combined solutions , to be developed by berec in close cooperation with the commission , essential requirements should be laid down with regard to the technical characteristics which should be met by any facility for a separate sale of roaming services . those essential requirements should include the introduction of the possibility in a coordinated manner across the union , for consumers to quickly and easily choose a different provider for roaming services without changing their number , with roaming services being provided anywhere in the union and with the same level of quality . furthermore , roaming outside the union or by third - country nationals inside the union should not be impeded . it follows from the essential requirements that any technical solution should ensure interoperability of services .


### in order to improve the transparency of retail prices for making and receiving regulated roaming calls within the union and to help roaming customers make decisions on the use of their mobile telephones while abroad , providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited member state . moreover , providers should give their customers , on request and free of charge , additional information on the per - minute or per - unit data charges for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state . since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt - out from this automatic message service . ### in order to improve the transparency of retail prices for the use of roaming services and to help roaming customers make decisions on the use of their mobile telephones while abroad , when travelling both within and outside the union , providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when using roaming services in a visited country . moreover , providers should give their customers , provided that they are located in the union , on request and free of charge , additional information on the per - minute or per - unit data charges for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state . since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt - out from this automatic message service .


### transparency also requires that providers furnish information on roaming charges , in particular on the eurotariff and the all - inclusive flat - rate should they offer one , when subscriptions are taken out and each time there is a change in roaming charges . home providers should provide information on roaming charges by appropriate means such as invoices , the internet , tv advertisements or direct mail . home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the eurotariff and the right to switch to and from it . ### transparency also requires that providers furnish information on roaming charges , in particular on the eurotariff and the all - inclusive flat - rate should they offer one , when subscriptions are taken out and each time there is a change in roaming charges . all information and offers should be presented in a clear , comprehensive , easily accessible and easily comparable form with regard to prices and service characteristics . home providers should provide information on roaming charges by appropriate means such as sms , invoices , the internet , tv advertisements or direct mail . home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the eurotariff and the right to switch to and from it .


### transparency also requires that providers furnish information on roaming charges , in particular on the eurotariff and the all - inclusive flat - rate should they offer one , when subscriptions are taken out and each time there is a change in roaming charges . home providers should provide information on roaming charges by appropriate means such as invoices , the internet , tv advertisements or direct mail . home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the eurotariff and the right to switch to and from it . ### transparency also requires that providers furnish information on roaming charges , in particular on the eurotariff and the all - inclusive flat - rate should they offer one , when subscriptions are taken out and each time there is a change in roaming charges . all information and offers should be presented in a clear , comprehensive and easily accessible form with regard to prices and service characteristics . home providers should provide information on roaming charges by appropriate means such as invoices , the internet , tv advertisements or direct mail . home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the eurotariff and the right to switch to and from it .


### moreover , measures should be introduced to improve the transparency of retail prices for data roaming services , in particular to eliminate the problem of ‘ bill shock’ which constitutes a barrier to the smooth functioning of the internal market , and to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services . equally , there should be no obstacles to the emergence of applications or technologies which can be a substitute for , or alternative to , roaming services , such as wifi . consumers should be provided with this information , thereby allowing them to make an informed choice . ### moreover , measures should be introduced to improve the transparency of retail prices for data roaming services , in particular to eliminate the problem of ‘ bill shock’ which constitutes a barrier to the smooth functioning of the internal market , and to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services . equally , there should be no obstacles to the emergence of applications or technologies which can be a substitute for , or alternative to , roaming services , such as wifi , rather , national regulatory authorities , working together with stakeholders , should encourage the development of wifi hotspots , with adequate information provided for customers , as a cheap or free alternative to data roaming . consumers should be provided with this information , thereby allowing them to make an informed choice .


### in particular , mobile operators should provide their roaming customers with personalised tariff information on the charges applicable to those customers for data roaming services every time they initiate a data roaming service on entering another member state . this information should be delivered to their mobile telephone or other mobile device in the manner best suited to its easy receipt and comprehension . ### in particular , mobile operators should provide their roaming customers with personalised tariff information on the charges applicable to those customers for data roaming services every time they initiate a data roaming service on entering another country . this information should be delivered to their mobile telephone or other mobile device in the manner best suited to its easy receipt and comprehension .


### in order to facilitate customers ' understanding of the financial consequences of the use of regulated data roaming services and to permit them to monitor and control their expenditure , the home provider should give examples for data roaming applications , such as e - mail , picture and web - browsing , by indicating their approximate size in terms of data usage . ### in order to facilitate customers ' understanding of the financial consequences of the use of data roaming services and to permit them to monitor and control their expenditure , the home provider should give examples for data roaming applications , such as e - mail , picture and web - browsing and mobile applications usage , by indicating their approximate size in terms of data usage .


### in order to facilitate customers ' understanding of the financial consequences of the use of regulated data roaming services and to permit them to monitor and control their expenditure , the home provider should give examples for data roaming applications , such as e - mail , picture and web - browsing , by indicating their approximate size in terms of data usage . ### in order to facilitate customers’ understanding of the financial consequences of the use of data roaming services and to permit them to monitor and control their expenditure , the home provider should give examples for data roaming applications , such as e - mail , picture and web - browsing , by indicating their approximate size in terms of data usage .


### ‘ home provider’ means an undertaking that provides a customer with union - wide roaming services either via its own network or as a mobile virtual network operator or reseller ; ### ‘ home provider’ means an operator that provides a customer with union - wide roaming services either via its own network or as a mobile virtual network operator or reseller ; this includes any other roaming service provider ;


### ‘ regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network . a regulated data roaming service does not include the transmission or receipt of regulated roaming calls or sms messages , but does include the transmission and receipt of mms messages ; ### ‘ regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network . a regulated data roaming service does not include the transmission or receipt of regulated roaming calls or sms messages , the transmission and receipt of mms messages and machine to machine data communication .


### ‘ regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network . a regulated data roaming service does not include the transmission or receipt of regulated roaming calls or sms messages , but does include the transmission and receipt of mms messages ; ### ‘ regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network . a regulated data roaming service does not include the transmission or receipt of regulated roaming calls , sms messages or mms messages ;


### ‘ wholesale roaming access’ means the making available of facilities and / or services to another undertaking , under defined conditions , for the purpose of providing roaming services to retail customers ; ### ' direct wholesale roaming access ' means the making available of facilities and / or services by the visited network operator to an operator , under defined conditions , for the purpose of providing roaming services to retail customers ;


### mobile network operators shall meet all reasonable requests for wholesale roaming access , including those from mobile virtual network operators and resellers . rules on regulated wholesale roaming tariffs laid down in articles 6 , 8 and 11 shall apply for the provision of wholesale roaming access . ### mobile network operators shall meet all reasonable requests for wholesale roaming access , including those from mobile virtual network operators and resellers . the request for wholesale roaming access should remain proportional and adapted to the party requesting access . rules on regulated wholesale roaming tariffs laid down in articles 6 , 8 and 11 shall apply for the provision of wholesale roaming access . those rules are without prejudice to the recovery of other costs linked to the delivery of the wholesale roaming access by the mobile network operator .


### with effect from 1 july 2014 , home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider . the roaming customers shall be given a period of two months within which to make their choice known to their home provider . roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment , in line with paragraphs 3 and 4 . ### with effect from 1 june 2014 , providers of domestic mobile communications services shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services offered by an alternative roaming provider in accordance with paragraph 1 . the roaming customers shall be given a period of two months within which to make their choice known to their providers of domestic mobile communications services . in case a customer chooses to switch to an alternative roaming provider within this time limit , the switch should be carried out within a maximum period of one working day . roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment , in line with paragraphs 3 and 4 .


### with effect from 1 july 2014 , home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider . the roaming customers shall be given a period of two months within which to make their choice known to their home provider . roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment , in line with paragraphs 3 and 4 . ### before the date mentioned in paragraph 1 , home providers shall inform all their roaming customers in a clear , comprehensive and easily accessible form about the possibility to opt for roaming services from an alternative roaming provider , temporarily or permanently . roaming customers shall have the right to opt for an alternative roaming provider at any moment , temporarily or permanently , in line with paragraphs 3 and 4 .


### any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within five working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months . ### any switch to an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than the roaming service provided by the alternative roaming provider , and shall be carried out within one working day , save that where a roaming customer who has subscribed to a package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the provider of domestic mobile communications services may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding two months .


### at the time of making or renewing a contract on mobile communication services , home providers shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and facilitate the conclusion of a contract with an alternative roaming provider . customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility . the providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers . ### at the time of making or renewing a contract on mobile communication services , providers of domestic mobile communications services shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and shall not hinder the conclusion of a contract with an alternative roaming provider . customers concluding a contract with the provider of domestic mobile communications services shall explicitly confirm that they have been informed of such possibility . the providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers .


### for the purpose of separate sale of roaming services , operators shall make sure that facilities are in place by 1 july 2014 at the latest , to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number . in order to enable the separate sale of roaming services , operators may in particular allow the use of a ‘ eu roaming profile’ on the same sim card and the use of the same terminal alongside domestic mobile services . pricing for interconnection related to the provision of this facility shall be cost - orientated and there should be no direct charges to consumers for the use of this facility . ### for the purpose of separate sale of roaming services in accordance with article 4 , operators shall make sure that facilities are in place by 1&#160 ; june 2014 at the latest , to ensure that their customers can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number and while using the same terminal . pricing for interconnection and additional support services related to the provision of these facilities shall be cost - orientated and there should be no direct charges to consumers for the use of this facility .


### berec , after consulting stakeholders and in close co - operation with the commission , shall lay down , within a reasonable period of time not exceeding three months after the adoption of this regulation , guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services . upon a reasoned request from the berec , the commission may extend that period . ### berec , after consulting stakeholders and in close co - operation with the commission , shall lay down , within a reasonable period of time not exceeding three months after the adoption of this regulation , guidelines with regard to harmonised technical solutions relating to the facility for the separate sale of roaming services and to harmonised procedures to change the provider of roaming services , and relating to the facility for enabling access to local data roaming services . upon a reasoned request from berec , the commission may extend that period . where necessary , after consulting stakeholders and in close cooperation with the commission , berec may update the guidelines .


### berec , after consulting stakeholders and in close co - operation with the commission , shall lay down , within a reasonable period of time not exceeding three months after the adoption of this regulation , guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services . upon a reasoned request from the berec , the commission may extend that period . ### berec , after consulting stakeholders and in close co - operation with the commission , shall lay down , within a reasonable period of time not exceeding three months after the adoption of this regulation , guidelines with regard to a harmonised solution for the separate provision of roaming services . this solution shall observe objective criteria and minimum requirements including in particular meet the following essential requirements : - simultaneous implementation of the technical solutions across the union ; - ability for end - users to keep their existing mobile phone number ; - easy and quick switch for end - users to an alternative roaming provider and between alternative roaming providers while retaining their domestic operator ; - technical ability for union citizens to continue roaming in third countries and for third - country citizens to continue roaming in the union ; - technical feasibility , - proportionality of costs incurred by each party , - impact on competition , - network integrity and - protection of commercial and personal data held by operators . the berec guidelines should in particular cover technical aspects relating to the facility for separate roaming services and harmonised procedures to change the provider of roaming services . upon a reasoned request from the berec , the commission may extend that period . berec shall keep the guidelines under review and , taking into account their practical application , issue revised guidelines if necessary to achieve the essential requirements in a more effective or efficient manner .


### berec , after consulting stakeholders and in close co - operation with the commission , shall lay down within a reasonable period of time not exceeding three months after the adoption of this regulation guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services . upon a reasoned request from the berec , the commission may extend that period . ### berec , after consulting stakeholders and in close co - operation with the commission , shall lay down , within a reasonable period of time not exceeding three months after the adoption of this regulation , guidelines meeting the essential requirements set out in paragraph 1 with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services . upon a reasoned request from the berec , the commission may extend that period . berec shall keep the guidelines under review and , taking into account their practical application , issue revised guidelines if necessary to achieve the essential requirements in a more effective or efficient manner .


### the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider for the provision of a regulated roaming call originating on that visited network , inclusive inter alia of origination , transit and termination costs , shall not exceed eur&#160 ; 0 , 14 per minute as of 1 july 2012 . ### the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider for the provision of a regulated roaming call originating on that visited network , inclusive inter alia of origination , transit and termination costs , shall not exceed eur&#160 ; 0 , 15 per minute as of 1 july 2012 .


### the average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve - month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this regulation . the maximum average wholesale charge shall decrease to eur 0 , 10 and eur 0 , 06 , on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 13 , the maximum average wholesale charge shall remain at eur 0 , 06 for the duration of this regulation . ### the average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve - month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this regulation . the maximum average wholesale charge shall decrease to eur 0 , 10 and eur 0 , 07 , on 1 july 2013 , on 1 july 2014 and 0 , 06 on 1 july 2015 respectively . without prejudice to article 13 , the maximum average wholesale charge shall remain at eur 0 , 06 for the duration of this regulation .


### with effect from 1&#160 ; july &#160 ; 2012&#160 ; , the average wholesale charge that the operator of a visited network may levy from the customer ' s &#160 ; home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur&#160 ; &#160 ; 0 , 03&#160 ; per sms message . &#160 ; the maximum average wholesale charge for the provision of a regulated roaming sms message shall decrease to eur 0 , 02 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 02 for the duration of this regulation . &#160 ; ### with effect from 1&#160 ; july &#160 ; 2012&#160 ; , the average wholesale charge that the operator of a visited network may levy from the customer ' s &#160 ; home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur&#160 ; &#160 ; 0 , 02&#160 ; per sms message . &#160 ; the maximum average wholesale charge for the provision of a regulated roaming sms message shall decrease to eur 0 , 01 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 01 for the duration of this regulation . &#160 ;


### with effect from 1 july 2012 , the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur&#160 ; &#160 ; 0 , 03 per sms message . &#160 ; the maximum average wholesale charge for the provision of a regulated roaming sms message shall decrease to eur 0 , 02 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 02 for the duration of this regulation . &#160 ; ### with effect from 1 july 2012 , the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur 0 , 03 per sms message , and shall decrease to eur 0 , 02 on 1 july 2013 and to eur 0 , 01 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 01 for the duration of this regulation . &#160 ;