### establish a common timetable for the union as a whole , or timetables appropriate to the circumstances of different categories of member states , the date or dates by which individual rights of use for a harmonised band , or a combination of complementary harmonised bands , shall be granted and actual use of the radio spectrum shall be allowed for exclusive or shared provision of wireless broadband communications throughout the union ; ### establish a common deadline for the union as a whole , or deadlines appropriate to the circumstances of different categories of member states , the date or dates by which individual rights of use for a harmonised band , or a combination of complementary harmonised bands , shall be granted and actual use of the radio spectrum shall be allowed for exclusive or shared provision of wireless broadband communications throughout the union ;


### determine a minimum duration for the rights granted in the harmonised bands ; ### determine a minimum duration that is no less than 30 years , for the rights granted in the harmonised bands , or determine that the rights are to be granted for an indefinite duration ;


### the commission may also adopt implementing acts harmonising the date of expiry or renewal of individual rights to use radio spectrum for wireless broadband in harmonised bands , which already exist at the date of adoption of such acts , with a view to synchronising throughout the union the date for renewal or reassignment of rights of use for such bands , including possible synchronisation with the date of renewal or reassignment of other bands harmonised by implementing measures adopted in accordance with paragraph 2 or with this paragraph . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 . ### subject to the second subparagraph of article 8a , the commission shall also adopt implementing acts where possible within one year from the date of entry into force of this regulation , harmonising the date of expiry or renewal of individual rights to use radio spectrum for wireless broadband in harmonised bands , which already exist at the date of adoption of such acts , with a view to synchronising throughout the union the date for renewal or reassignment of rights of use for such bands , including possible synchronisation with the date of renewal or reassignment of other bands harmonised by implementing measures adopted in accordance with paragraph 2 or with this paragraph . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 .


### the commission may also adopt implementing acts harmonising the date of expiry or renewal of individual rights to use radio spectrum for wireless broadband in harmonised bands , which already exist at the date of adoption of such acts , with a view to synchronising throughout the union the date for renewal or reassignment of rights of use for such bands , including possible synchronisation with the date of renewal or reassignment of other bands harmonised by implementing measures adopted in accordance with paragraph 2 or with this paragraph . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 . ### subject to the second subparagraph of article 8a , the commission shall also adopt implementing acts within one year from the date of entry into force of this regulation , harmonising the date of expiry or renewal of individual rights to use radio spectrum for wireless broadband in harmonised bands , which already exist at the date of adoption of such acts , with a view to synchronising throughout the union the date for renewal or reassignment of rights of use for such bands , including possible synchronisation with the date of renewal or reassignment of other bands harmonised by implementing measures adopted in accordance with paragraph 2 or with this paragraph . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 .


### conditions related to the assignment , transfer or accumulation of rights of use ; ### conditions related to the assignment , reassignment , transfer or accumulation of rights of use ;


### any implementing act adopted in accordance with article 12 ; ### implementing acts adopted in accordance with article 12 ;


### for the purposes of the uniform implementation of the general authorisation regime for the deployment , connection and operation of small - area wireless access points pursuant to paragraph 1 , the commission may , by means of an implementing act , specify technical characteristics for the design , deployment and operation of small - area wireless access points , compliance with which shall ensure their unobtrusive character when in use in different local contexts . the commission shall specify those technical characteristics by reference to the maximum size , power and electromagnetic characteristics , as well as the visual impact , of the deployed small - area wireless access points . those technical characteristics for use of small - area wireless access points shall at a minimum comply with the requirements of directive 2013 / 35 / eu30 and with the thresholds defined in council recommendation no 1999 / 519 / ec31 . __________________ 30 directive 2013 / 35 / eu of the european parliament and of the council of 26 june 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents of directive 89 / 391 / eec ) and repealing directive 2004 / 40 / ec . 31 recommendation 1999 / 519 / ec of the council of 12 july 1999 on the limitation of exposure of the general public to electromagnetic fields . ### for the purposes of the uniform implementation of the general authorisation regime for the deployment , connection and operation of small - area wireless access points pursuant to paragraph 1 , the commission should , within one year from the date of entry into force of this regulation , by means of an implementing act , specify technical characteristics for the design , deployment and operation of small - area wireless access points , compliance with which shall ensure their unobtrusive character when in use in different local contexts . at the same time , small - area wireless access points already covered by existing user rights may continue to be used in accordance with those rights . the commission shall specify the technical characteristics by reference to the maximum size , power and electromagnetic characteristics , as well as the visual impact , of the deployed small - area wireless access points . those technical characteristics for use of small - area wireless access points shall at a minimum comply with the requirements of directive 2013 / 35 / eu30 and with the thresholds defined in council recommendation no 1999 / 519 / ec31 . __________________ directive 2013 / 35 / eu of the european parliament and of the council of 26 june 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents of directive 89 / 391 / eec ) and repealing directive 2004 / 40 / ec . recommendation 1999 / 519 / ec of the council of 12 july 1999 on the limitation of exposure of the general public to electromagnetic fields .


### for the purposes of the uniform implementation of the general authorisation regime for the deployment , connection and operation of small - area wireless access points pursuant to paragraph 1 , the commission may , by means of an implementing act , specify technical characteristics for the design , deployment and operation of small - area wireless access points , compliance with which shall ensure their unobtrusive character when in use in different local contexts . the commission shall specify those technical characteristics by reference to the maximum size , power and electromagnetic characteristics , as well as the visual impact , of the deployed small - area wireless access points . those technical characteristics for use of small - area wireless access points shall at a minimum comply with the requirements of directive 2013 / 35 / eu30 and with the thresholds defined in council recommendation no 1999 / 519 / ec . 31 __________________ 30 directive 2013 / 35 / eu of the european parliament and of the council of 26 june 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents of directive 89 / 391 / eec ) and repealing directive 2004 / 40 / ec . 31 recommendation 1999 / 519 / ec of the council of 12 july 1999 on the limitation of exposure of the general public to electromagnetic fields . ### for the purposes of the uniform implementation of the general authorisation regime for the deployment , connection and operation of small - area wireless access points pursuant to paragraph 1 , the commission shall , by means of an implementing act to be adopted by within one year from the date of entry into force of this regulation , specify technical characteristics for the design , deployment and operation of small - area wireless access points , compliance with which shall ensure their unobtrusive character when in use in different local contexts . the commission shall specify those technical characteristics by reference to the maximum size , power and electromagnetic characteristics , as well as the visual impact , of the deployed small - area wireless access points . those technical characteristics for use of small - area wireless access points shall at a minimum comply with the requirements of directive 2013 / 35 / eu30 and with the thresholds defined in council recommendation no 1999 / 519 / ec31 . __________________ 30 directive 2013 / 35 / eu of the european parliament and of the council of 26 june 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents of directive 89 / 391 / eec ) and repealing directive 2004 / 40 / ec . 31 recommendation 1999 / 519 / ec of the council of 12 july 1999 on the limitation of exposure of the general public to electromagnetic fields .


### providers of electronic communications to the public shall not apply tariffs for intra - union communications terminating in another member state which are higher , unless objectively justified : ### from 1 of july 2016 , providers of electronic communications to the public shall not apply tariffs for intra - union communications terminating in another member state which are higher , unless objectively justified :


### as regards mobile communications , than the euro - tariffs for regulated voice and sms roaming communications , respectively , established in regulation no 531 / 2012 . ### as regards mobile communications , than the mobile communications services at domestic level .


### freedom to provide and avail of open internet access , and reasonable traffic management ### open internet access , specialised services , and reasonable traffic management


### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity in order to enable the provision of specialised services . the provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services . ### providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity in order to enable the provision of specialised services . the provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet services . furthermore , traffic management measures shall not be applied in such a way as to discriminate against services competing with those offered by the provider of internet access .


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


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### in accordance with the principle of net neutrality providers of internet access services shall not restrict the rights provided for in paragraph 1 by blocking , slowing down , degrading , altering or discriminating against specific content , applications or services , or specific classes thereof , except in specific cases where it is strictly necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , strictly proportionate , subject to clear , comprehensible and accessible redress mechanisms and necessary to :


### in article 3 , the second subparagraph is deleted . ### article 3 is amended as follows :


### the provision of electronic communications networks or the provision of electronic communications services may , without prejudice to the specific obligations referred to in article 6 or rights of use referred to in article 5 , only be subject to a general authorisation . the undertaking concerned may be required to submit a notification but may not be required to obtain an explicit decision or any other administrative act by the national regulatory authority before exercising the rights stemming from the authorisation . upon notification , when required , an undertaking may begin activity , where necessary subject to the provisions on rights of use in articles 5 , 6 and 7 . undertakings providing cross - border electronic communications services to undertakings located in several member states shall not be required to submit more than one notification per member state concerned . ' ### paragraph 2 is replaced by the following : ' 2 . the provision of electronic communications networks or the provision of electronic communications services may , without prejudice to the specific obligations referred to in article 6 or rights of use referred to in article 5 , only be subject to a general authorisation . where a member state deems that a notification requirement is justified , that member state may require undertakings to submit a notification to berec but it may not require them to obtain an explicit decision or any other administrative act by the national regulatory authority or any other authority before exercising the rights stemming from the authorisation . upon notification to berec , when required , an undertaking may begin activity , where necessary subject to the provisions on rights of use in articles 5 , 6 and 7 . '


### the notification referred to in paragraph 2 shall not entail more than a declaration by a legal or natural person to the national regulatory authority of the intention to commence the provision of electronic communication networks or services and the submission of the minimal information which is required to allow the national regulatory authority to keep a register or list of providers of electronic communications networks and services . this information must be limited to what is necessary for the identification of the provider , such as company registration numbers , and the provider ' s contact persons , the provider ' s address , a short description of the network or service , and an estimated date for starting the activity . ### paragraph 3 is replaced by the following : ' 3 . a notification referred to in paragraph 2 shall not entail more than a declaration on a harmonised template in the form set out in part d of the annex by a legal or natural person to berec of the intention to commence the provision of electronic communication networks or services and the submission of the minimal information which is required to allow berec and the national regulatory authority to keep a register or list of providers of electronic communications networks and services . member states may not impose any additional or separate notification requirements . '


### ' national regulatory authority ' means the body or bodies charged by a member state with any of the regulatory tasks assigned in this directive and the specific directives ; ### in article 2 , point g is amended as follows : ' ' national regulatory authority ' means the body charged by a member state with the regulatory tasks assigned in this directive and the specific directives ; '


### without prejudice to the provisions of paragraphs 4 and 5 , national regulatory authorities responsible for ex - ante market regulation or for the resolution of disputes between undertakings in accordance with article 20 or 21 of this directive shall act independently and shall not seek or take instructions from any other body in relation to the exercise of these tasks assigned to them under national law implementing community law . this shall not prevent supervision in accordance with national constitutional law . only appeal bodies set up in accordance with article 4 shall have the power to suspend or overturn decisions by the national regulatory authorities . member states shall ensure that the head of a national regulatory authority , or where applicable , members of the collegiate body fulfilling that function within a national regulatory authority referred to in the first subparagraph or their replacements may be dismissed only if they no longer fulfil the conditions required for the performance of their duties which are laid down in advance in national law . the decision to dismiss the head of the national regulatory authority concerned , or where applicable members of the collegiate body fulfilling that function shall be made public at the time of dismissal . the dismissed head of the national regulatory authority , or where applicable , members of the collegiate body fulfilling that function shall receive a statement of reasons and shall have the right to request its publication , where this would not otherwise take place , in which case it shall be published . member states shall ensure that national regulatory authorities referred to in the first subparagraph have separate annual budgets . the budgets shall be made public . member states shall also ensure that national regulatory authorities have adequate financial and human resources to enable them to actively participate in and contribute to the body of european regulators for electronic communications 1 . ______________________ 1 regulation no 1211 / 2009 of the european parliament and of the council of 25 november 2009 establishing the body of european regulators for electronic communications and the office ### in article 3 , paragraph 3a is replaced by the following : ' 3a . without prejudice to the provisions of paragraphs 4 and 5 , each national regulatory authority shall be responsible at least for ex - ante market regulation under articles 7 , 7a , 15 and 16 of this directive and articles 9 to13b of directive 2002 / 19 / ec ; for numbering , naming and addressing , co - location and sharing of network elements and associated facilities and for the resolution of disputes between undertakings in accordance with articles 10 , 12 , 20 and 21 of this directive and for affordability of tariffs , quality of service of designated undertakings , costing of universal service obligation , regulatory controls on retail services , contracts , transparency and publication of information , quality of service , ensuring equivalence in access and choice for disabled end - users , emergency services and the single european emergency call number , access to numbers and services , provision of additional facilities and facilitating change of provider under articles 9 , 11 , 12 , 17 , 20 , 21 , 2 , 23a , 26 , 28 , 29 and 30 of directive 2002 / 22 / ec , as well as for directive 2002 / 58 / ec . each national regulatory authority shall act independently and shall not seek or take instructions from any other body in relation to the exercise of these tasks assigned to them under national law implementing community law . this shall not prevent supervision in accordance with national constitutional law . only appeal bodies set up in accordance with article 4 shall have the power to suspend or overturn decisions by the national regulatory authorities . member states shall ensure that the head of a national regulatory authority , or where applicable , members of the collegiate body fulfilling that function within a national regulatory authority referred to in the first subparagraph or their replacements may be dismissed only if they no longer fulfil the conditions required for the performance of their duties which are laid down in advance in national law . the decision to dismiss the head of the national regulatory authority concerned , or where applicable members of the collegiate body fulfilling that function shall be made public at the time of dismissal . the dismissed head of the national regulatory authority , or where applicable , members of the collegiate body fulfilling that function shall receive a statement of reasons and shall have the right to request its publication , where this would not otherwise take place , in which case it shall be published . member states shall ensure that national regulatory authorities referred to in the first subparagraph have separate annual budgets and that the budgets are sufficient for the performance of their tasks . the budgets and audited annual accounts shall be made public by each national regulatory authority . each national regulatory authority shall be organised and operated so as to safeguard the objectivity and impartiality of its activities and shall have a number of competent personnel at its disposal for the proper performance of its tasks . member states shall also ensure that national regulatory authorities have adequate financial and human resources to enable them to actively participate in and contribute to the body of european regulators for electronic communications * . ______________________ * regulation no 1211 / 2009 of the european parliament and of the council of 25 november 2009 establishing the body of european regulators for electronic communications and the office '


### the commission may adopt appropriate implementing measures to identify the bands for which rights to use radio frequencies may be transferred or leased between undertakings . these measures shall not cover frequencies which are used for broadcasting . ### in article 9b , the first subparagraph is replaced by the following : ' 3 . the commission shall adopt appropriate implementing measures to facilitate the transfer or lease of rights to use radio frequencies between undertakings . those measures shall be adopted by within 12 months following the date of application of regulation [ xxx / 2014 ] * . those measures shall not cover frequencies which are used for broadcasting . _____________ * regulation no xxx / 20xx of the european parliament and of the commission of . . . . . . laying down measures concerning the european single market for electronic communications and amending directives 2002 / 20 / ec , 2002 / 21 / ec and 2002 / 22 / ec and regulations no 1211 : / 2009 and no 531 / 2012 . '


### ʻwithout prejudice to article 9 of this directive and articles 6 and 8 of directive 2002 / 20 / ec , where the commission finds that divergences in the implementation by the national regulatory authorities of the regulatory tasks specified in this directive , and the specific directives and regulation no [ xx / 2014 ] may create a barrier to the internal market , the commission may , taking the utmost account of the opinion of berec , issue a recommendation or a decision on the harmonised application of the provisions in this directive , the specific directives and regulation no [ xx / 2014 ] in order to further the achievement of the objectives set out in article 8 . ʼ ### ʻwithout prejudice to article 9 of this directive and articles 6 and 8 of directive 2002 / 20 / ec , where the commission finds that divergences in the implementation by the national regulatory authorities of the regulatory tasks specified in this directive , and the specific directives and regulation no [ xx / 2014 ] may create a barrier to the internal market , the commission shall , taking the utmost account of the opinion of berec , issue a recommendation or a decision on the harmonised application of the provisions in this directive , the specific directives and regulation no [ xx / 2014 ] in order to further the achievement of the objectives set out in article 8 . ʼ


### member states shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and / or publicly available electronic communications services to publish transparent , comparable , adequate and up - to - date information on applicable prices and tariffs , on any charges due on termination of a contract and on standard terms and conditions in respect of access to , and use of , services provided by them to end - users and consumers in accordance with annex ii . such information shall be published in a clear , comprehensive and easily accessible form . national regulatory authorities may specify additional requirements regarding the form in which such information is to be published . ### article 21 is replaced by the following : ' 1 . member states shall ensure that national regulatory authorities oblige undertakings providing public electronic communications networks and / or publicly available electronic communications services to publish transparent , comparable , adequate and up - to - date information on applicable prices and tariffs , on any charges due on termination of a contract and on standard terms and conditions in respect of access to , and use of , services provided by them to end - users and consumers in accordance with annex ii . such information shall be published in a clear , comprehensive and easily accessible form . national regulatory authorities may specify additional requirements regarding the form in which such information is to be published . '


### national regulatory authorities shall encourage the provision of comparable information to enable end - users and consumers to make an independent evaluation of the cost of alternative usage patterns , for instance by means of interactive guides or similar techniques . where such facilities are not available on the market free of charge or at a reasonable price , member states shall ensure that national regulatory authorities are able to make such guides or techniques available themselves or through third party procurement . third parties shall have a right to use , free of charge , the information published by undertakings providing electronic communications networks and / or publicly available electronic communications services for the purposes of selling or making available such interactive guides or similar techniques . ### article 21 is replaced by the following : 2 . national regulatory authorities shall ensure the provision of comparable information to enable end - users and consumers to make an independent evaluation of the cost of alternative usage patterns , for instance by means of interactive guides or similar techniques .


### member states shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and / or publicly available electronic communications services to inter alia : ### in article 21 , the introductory part is replaced by the following : 3 . member states shall ensure that national regulatory authorities oblige undertakings providing public electronic communications networks and / or publicly available electronic communications services to inter alia :


### this article shall not apply to roaming providers that provide regulated retail roaming services in accordance with article 4a . ### following the abolition of roaming charges , this article no longer applies .


### the first subparagraph is replaced by the following : ' 2 . with effect from 1 july 2013 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 24 per minute for any call made or eur 0 , 07 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 19 on 1 july 2014 . as of 1 july 2014 , roaming providers shall not levy any charge on their roaming customers for calls received , without prejudice to measures taken to prevent anomalous or fraudulent usage . without prejudice to article 19 those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2017 . ' ### the first subparagraph is replaced by the following ' 2 . with effect from 1 july 2012 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 29 per minute for any call made or eur 0 , 08 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 24 on 1 july 2013 and to eur 0 , 19 on 1 july 2014 and the maximum retail charge for calls received shall decrease to eur 0 , 07 on 1 july 2013 and to eur 0 , 05 on 1 july 2014 . those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2016 . '


### with effect from 1 july 2012 , the retail charge for a euro - sms tariff which a roaming provider may levy on its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any regulated roaming sms message but shall not exceed eur 0 , 09 . that maximum charge shall decrease to eur 0 , 08 on 1 july 2013 and to eur 0 , 06 on 1 july 2014 and shall , without prejudice to article 19 , remain at eur 0 , 06 until 30 june 2017 . ### in article 10 , paragraph 2 is replaced by the following : ' 2 . with effect from 1 july 2012 , the retail charge for a euro - sms tariff which a roaming provider may levy on its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any regulated roaming sms message but shall not exceed eur 0 , 09 . that maximum charge shall decrease to eur 0 , 08 on 1 july 2013 and to eur 0 , 06 on 1 july 2014 and shall remain at eur 0 , 06 until 30 june 2016 . '


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a roaming provider may levy on its roaming customer for the provision of a regulated data roaming service shall not exceed eur 0 , 70 per megabyte used . the maximum retail charge for data used shall decrease to eur 0 , 45 per megabyte used on 1 july 2013 and to eur 0 , 20 per megabyte used on 1 july 2014 and shall , without prejudice to article 19 , remain at eur 0 , 20 per megabyte used until 30 june 2017 . ### in article 13 , paragraph 2 , the first subparagraph is replaced by the following : . ' 2 . with effect from 1 july 2012 , the retail charge of a euro - data tariff which a roaming provider may levy on its roaming customer for the provision of a regulated data roaming service shall not exceed eur 0 , 70 per megabyte used . the maximum retail charge for data used shall decrease to eur 0 , 45 per megabyte used on 1 july 2013 and to eur 0 , 20 per megabyte used on 1 july 2014 and shall , remain at eur 0 , 20 per megabyte used until 30 june 2016 . '


### transparency and safeguard mechanisms for retail data roaming services roaming providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of regulated data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3 . where appropriate , roaming providers shall inform their customers , before the conclusion of a contract and on a regular basis thereafter , of the risk of automatic and uncontrolled data roaming connection and download . furthermore , roaming providers shall notify to their customers , free of charge and in a clear and easily understandable manner , how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services . 2 . an automatic message from the roaming provider shall inform the roaming customer that the latter is roaming and provide basic personalised tariff information on the charges , expressed in price per megabyte , applicable to the provision of regulated data roaming services to that roaming customer in the member state concerned , except where the customer has notified the roaming provider that he does not require that information . such basic personalised tariff information shall be delivered to the roaming customer ' s mobile device , for example by an sms message , an e - mail or a pop - up window on the mobile device , every time the roaming customer enters a member state other than that of his domestic provider and initiates for the first time a data roaming service in that particular member state . it shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension . a customer who has notified his roaming provider that he does not require the automatic tariff information shall have the right at any time and free of charge to require the roaming provider to provide this service again . 3 . each roaming provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for regulated data roaming services and which guarantees that , without the customer ' s explicit consent , the accumulated expenditure for regulated data roaming services over a specified period of use , excluding mms billed on a per - unit basis , does not exceed a specified financial limit . to this end , the roaming provider shall make available one or more maximum financial limits for specified periods of use , provided that the customer is informed in advance of the corresponding volume amounts . one of those limits shall be close to , but not exceed , eur 50 of outstanding charges per monthly billing period . alternatively , the roaming provider may establish limits expressed in volume , provided that the customer is informed in advance of the corresponding financial amounts . one of those limits shall have a corresponding financial amount not exceeding eur 50 of outstanding charges per monthly billing period . in addition , the roaming provider may offer to its roaming customers other limits with different , that is , higher or lower , maximum monthly financial limits . the default limits referred to in the second and third subparagraphs shall be applicable to all customers who have not opted for another limit . each roaming provider shall also ensure that an appropriate notification is sent to the roaming customer ' s mobile device , for example by an sms message , an e - mail or a pop - up window on the computer , when the data roaming services have reached 80 % of the agreed financial or volume limit . each customer shall have the right to require the roaming provider to stop sending such notifications and shall have the right , at any time and free of charge , to require the provider to provide the service again . when the financial or volume limit would otherwise be exceeded , a notification shall be sent to the roaming customer ' s mobile device . that notification shall indicate the procedure to be followed if the customer wishes to continue provision of those services and the cost associated with each additional unit to be consumed . if the roaming customer does not respond as prompted in the notification received , the roaming provider shall immediately cease to provide and to charge the roaming customer for regulated data roaming services , unless and until the roaming customer requests the continued or renewed provision of those services . whenever a roaming customer requests to opt for or to remove a financial or volume limit facility , the change shall be made within one working day of receipt of the request , shall be free of charge , and shall not entail conditions or restrictions pertaining to other elements of the subscription . 4 . paragraphs 2 and 3 shall not apply to machine - to - machine devices that use mobile data communication . 5 . roaming providers shall take reasonable steps to protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in their home member state . this shall include informing customers on how to avoid inadvertent roaming in border regions . 6 . this article , with the exception of paragraph 5 , and subject to the second and third subparagraph of this paragraph , shall also apply to data roaming services used by roaming customers travelling outside the union and provided by a roaming provider . where the customer opts for the facility referred to in the first subparagraph of paragraph 3 , the requirements provided in paragraph 3 shall not apply if the visited network operator in the visited country outside the union does not allow the roaming provider to monitor its customers ' usage on a real - time basis . in such a case the customer shall be notified by an sms message when entering such a country , without undue delay and free of charge , that information on accumulated consumption and the guarantee not to exceed a specified financial limit are not available . ### article 15 is replaced by the following with effect from 1 july 2016 : transparency and safeguard mechanisms for retail data roaming services for roaming customers travelling outside the union roaming providers shall ensure , with respect to data roaming services used by roaming customers travelling outside the union and provided by a roaming provider , that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of such data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure in accordance with paragraphs 2 and 3 . where appropriate , roaming providers shall inform their customers , before the conclusion of a contract and on a regular basis thereafter , of the risk of automatic and uncontrolled data roaming connection and download . furthermore , roaming providers shall notify to their customers , free of charge and in a clear and easily understandable manner , how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services . 2 . an automatic message from the roaming provider shall inform the roaming customer that the latter is roaming and provide basic personalised tariff information on the charges , expressed in price per megabyte , applicable to the provision of data roaming services to that roaming customer in the visited country concerned , except where the customer has notified the roaming provider that he does not require that information . such basic personalised tariff information shall be delivered to the roaming customer ' s mobile device , for example by an sms message , an e - mail or a pop - up window on the mobile device , every time the roaming customer enters a country outside the union and initiates for the first time a data roaming service in that country . it shall be provided free of charge at the moment the roaming customer initiates a data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension . a customer who has notified his roaming provider that he does not require the automatic tariff information shall have the right at any time and free of charge to require the roaming provider to provide this service again . 3 . with respect to visited network operators in countries outside the union who allow the roaming provider to monitor its customers ' usage on a real - time basis , each roaming provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for data roaming services and which guarantees that , without the customer ' s explicit consent , the accumulated expenditure for data roaming services over a specified period of use , excluding mms billed on a per - unit basis , does not exceed a specified financial limit . to this end , the roaming provider shall make available one or more maximum financial limits for specified periods of use , provided that the customer is informed in advance of the corresponding volume amounts . one of those limits shall be close to , but not exceed , eur 50 of outstanding charges per monthly billing period . with respect to visited network operators in countries outside the union that do not allow the roaming provider to monitor its customers ' usage on a real - time basis , the customer shall be notified by an sms message when entering such a country , without undue delay and free of charge , that information on accumulated consumption and the guarantee not to exceed a specified financial limit are not available . alternatively , the roaming provider may establish limits expressed in volume , provided that the customer is informed in advance of the corresponding financial amounts . one of those limits shall have a corresponding financial amount not exceeding eur 50 of outstanding charges per monthly billing period . in addition , the roaming provider may offer to its roaming customers other limits with different , that is , higher or lower , maximum monthly financial limits . the default limits referred to in the second and fourth subparagraphs shall be applicable to all customers who have not opted for another limit . each roaming provider shall also ensure that an appropriate notification is sent to the roaming customer ' s mobile device , for example by an sms message , an e - mail or a pop - up window on the computer , when the data roaming services have reached 80 % of the agreed financial or volume limit . each customer shall have the right to require the roaming provider to stop sending such notifications and shall have the right , at any time and free of charge , to require the provider to provide the service again . when the financial or volume limit would otherwise be exceeded , a notification shall be sent to the roaming customer ' s mobile device . that notification shall indicate the procedure to be followed if the customer wishes to continue provision of those services and the cost associated with each additional unit to be consumed . if the roaming customer does not respond as prompted in the notification received , the roaming provider shall immediately cease to provide and to charge the roaming customer for data roaming services , unless and until the roaming customer requests the continued or renewed provision of those services . whenever a roaming customer requests to opt for or to remove a financial or volume limit facility , the change shall be made within one working day of receipt of the request , shall be free of charge , and shall not entail conditions or restrictions pertaining to other elements of the subscription . 4 . paragraphs 2 and 3 shall not apply to machine - to - machine devices that use mobile data communication . '


### article 19 review the commission shall review the functioning of this regulation and , after a public consultation , shall report to the european parliament and the council by 30 june 2016 . the commission shall evaluate in particular whether the objectives of this regulation have been achieved . in so doing , the commission shall review , inter alia : whether competition has sufficiently developed in order to justify the expiry of maximum retail charges ; whether competition will be sufficient for the removal of maximum wholesale charges ; the developments and expected future trends in wholesale and retail charges for the provision to roaming customers of voice , sms and data communication services , in comparison to the charges for mobile communications services at domestic level in the member states , both for pre - paid and post - paid customers separately , and in the quality and speed of these services ; the availability and quality of services including those which are an alternative to voice , sms and data roaming services , in particular in the light of technological developments ; the extent to which consumers have benefited through real reductions in the price of roaming services , the variety of tariffs and products which are available to consumers with different calling patterns , and the difference between roaming and national tariffs , including the availability of offers providing a single tariff for national and roaming services ; the degree of competition in both the retail and wholesale markets , in particular the competitive situation of smaller , independent or newly started operators , including the competition effects of commercial agreements and the degree of interconnection between operators ; the extent to which the implementation of the structural measures provided for in articles 3 and 4 has produced results in developing competition in the internal market for roaming services to the extent that the difference between roaming and national tariffs has approached zero ; the extent to which the level of wholesale and retail maximum charges has provided adequate safeguards against excessive prices for consumers while allowing the development of competition in the internal market for roaming services . 2 . if the report shows that the structural measures provided for by this regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all european consumers or that the differences between roaming tariffs and national tariffs have not approached zero , the commission shall make appropriate proposals to the european parliament and the council to address this situation and thus achieve an internal market for mobile communication services , ultimately with there being no difference between national and roaming tariffs . the commission shall examine , in particular , whether it is necessary : to lay down additional technical and structural measures ; to modify the structural measures ; to extend the duration and possibly revise the level of the maximum retail charges provided for in articles 8 , 10 and 13 ; to change the duration or revise the level of maximum wholesale charges provided for in articles 7 , 9 and 12 ; to introduce any other necessary requirements , including non - differentiation of roaming and national tariffs . 3 . in addition , the commission shall submit a report to the european parliament and the council every two years after the report referred to in paragraph 1 . each report shall include a summary of the monitoring of the provision of roaming services in the union and an assessment of the progress towards achieving the objectives of this regulation , including by reference to the matters referred to in paragraphs 1 and 2 . 4 . in order to assess the competitive developments in the union - wide roaming markets , berec shall regularly collect data from national regulatory authorities on the development of retail and wholesale charges for voice , sms and data roaming services . those data shall be notified to the commission at least twice a year . the commission shall make them public . berec shall also annually collect information from national regulatory authorities on transparency and comparability of different tariffs offered by operators to their customers . the commission shall make those data and findings public . ### article 19 is replaced by the following : article 19 review the commission shall review the functioning of this regulation and shall report to the european parliament and the council in accordance with paragraphs 2 to 6 . 2 . the commission shall , by 30 september 2015 , after consulting berec , report to the european parliament and the council on whether to change the duration or revise the level of mobile termination rates for roaming and maximum wholesale charges provided for in articles 7 , 9 and 12 . 3 . the commission shall , by 30 june 2016 , after a public consultation , report to the european parliament and the council on , inter alia : whether competition has sufficiently developed in order to justify the expiry of maximum retail charges ; whether competition will be sufficient for the removal of maximum wholesale charges ; the developments and expected future trends in wholesale and retail charges for the provision to roaming customers of voice , sms and data communication services , in comparison to the charges for mobile communications services at domestic level in the member states , both for pre - paid and post - paid customers separately , and in the quality and speed of these services ; the availability and quality of services including those which are an alternative to voice , sms and data roaming services , in particular in the light of technological developments ; the extent to which consumers have benefited through real reductions in the price of roaming services , the variety of tariffs and products which are available to consumers with different calling patterns , and the difference between roaming and national tariffs , including the availability of offers providing a single tariff for national and roaming services ; the degree of competition in both the retail and wholesale markets , in particular the competitive situation of smaller , independent or newly started operators , including the competition effects of commercial agreements and the degree of interconnection between operators ; the extent to which the implementation of the structural measures provided for in articles 3 and 4 has produced results in developing competition in the internal market for roaming services to the extent that the difference between roaming and national tariffs has approached zero ; the extent to which the level of wholesale and retail maximum charges has provided adequate safeguards against excessive prices for consumers while allowing the development of competition in the internal market for roaming services . 4 . if the report referred to in paragraph 2 shows that there is a need to change the duration or revise the level of maximum wholesale charges or mobile termination rates for roaming , the commission shall , by 31 december 2015 make appropriate proposal to the european parliament and the council to address this situation . if the report , referred to in paragraph 3 , shows that the structural measures provided for by this regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all european consumers or that the differences between roaming tariffs and national tariffs have not approached zero , the commission shall , by 31 december 2015 , make appropriate proposals to the european parliament and the council to address this situation and thus achieve an internal market for mobile communication services , ultimately with there being no difference between national and roaming tariffs . 5 . in addition , the commission shall submit a report to the european parliament and the council every two years after the report referred to in paragraph 1 . each report shall include a summary of the monitoring of the provision of roaming services in the union and an assessment of the progress towards achieving the objectives of this regulation , including by reference to the matters referred to in paragraphs 2 and 3 . 6 . in order to assess the competitive developments in the union - wide roaming markets , berec shall regularly collect data from national regulatory authorities on the development of retail and wholesale charges for voice , sms and data roaming services . those data shall be notified to the commission at least twice a year . the commission shall make them public . berec shall also annually collect information from national regulatory authorities on transparency and comparability of different tariffs offered by operators to their customers . the commission shall make those data and findings public .


### review the commission shall review the functioning of this regulation and , after a public consultation , shall report to the european parliament and the council by 30 june 2016 . the commission shall evaluate in particular whether the objectives of this regulation have been achieved . in so doing , the commission shall review , inter alia : whether competition has sufficiently developed in order to justify the expiry of maximum retail charges ; whether competition will be sufficient for the removal of maximum wholesale charges ; the developments and expected future trends in wholesale and retail charges for the provision to roaming customers of voice , sms and data communication services , in comparison to the charges for mobile communications services at domestic level in the member states , both for pre - paid and post - paid customers separately , and in the quality and speed of these services ; the availability and quality of services including those which are an alternative to voice , sms and data roaming services , in particular in the light of technological developments ; the extent to which consumers have benefited through real reductions in the price of roaming services , the variety of tariffs and products which are available to consumers with different calling patterns , and the difference between roaming and national tariffs , including the availability of offers providing a single tariff for national and roaming services ; the degree of competition in both the retail and wholesale markets , in particular the competitive situation of smaller , independent or newly started operators , including the competition effects of commercial agreements and the degree of interconnection between operators ; the extent to which the implementation of the structural measures provided for in articles 3 and 4 has produced results in developing competition in the internal market for roaming services to the extent that the difference between roaming and national tariffs has approached zero ; the extent to which the level of wholesale and retail maximum charges has provided adequate safeguards against excessive prices for consumers while allowing the development of competition in the internal market for roaming services . 2 . if the report shows that the structural measures provided for by this regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all european consumers or that the differences between roaming tariffs and national tariffs have not approached zero , the commission shall make appropriate proposals to the european parliament and the council to address this situation and thus achieve an internal market for mobile communication services , ultimately with there being no difference between national and roaming tariffs . the commission shall examine , in particular , whether it is necessary : to lay down additional technical and structural measures ; to modify the structural measures ; to extend the duration and possibly revise the level of the maximum retail charges provided for in articles 8 , 10 and 13 ; to change the duration or revise the level of maximum wholesale charges provided for in articles 7 , 9 and 12 ; to introduce any other necessary requirements , including non - differentiation of roaming and national tariffs . 3 . in addition , the commission shall submit a report to the european parliament and the council every two years after the report referred to in paragraph 1 . each report shall include a summary of the monitoring of the provision of roaming services in the union and an assessment of the progress towards achieving the objectives of this regulation , including by reference to the matters referred to in paragraphs 1 and 2 . 4 . in order to assess the competitive developments in the union - wide roaming markets , berec shall regularly collect data from national regulatory authorities on the development of retail and wholesale charges for voice , sms and data roaming services . those data shall be notified to the commission at least twice a year . the commission shall make them public . berec shall also annually collect information from national regulatory authorities on transparency and comparability of different tariffs offered by operators to their customers . the commission shall make those data and findings public . ### article 19 is replaced by the following : the commission shall review the functioning of this regulation and shall report to the european parliament and the council in accordance with paragraphs 2 to 6 . 2 . the commission shall , by 30 june 2015 , after a public consultation , report to the european parliament and the council on whether to change the duration or revise the level of maximum wholesale charges provided for in articles 7 , 9 and 12 , also taking into account termination rates . berec shall , by 30 june 2015 , after a public consultation , lay down guidelines on measures to prevent anomalous or fraudulent usage for the purpose of article 6a . 3 . the commission shall , by 30 june 2016 , after a public consultation , report to the european parliament and the council on , inter alia : the availability and quality of services including those which are an alternative to voice , sms and data roaming services , in particular in the light of technological developments ; the degree of competition in both the retail and wholesale markets , in particular the competitive situation of smaller , independent or newly started operators , including the competition effects of commercial agreements and the degree of interconnection between operators ; the extent to which the implementation of the structural measures provided for in articles 3 and 4 has produced results in developing competition in the internal market for roaming services . the commission shall examine , in particular , whether it is necessary to lay down additional technical and structural measures or to modify the structural measures . 4 . if the report referred to in paragraph 2 shows that there is a need to change the duration or revise the level of maximum wholesale charges , the commission shall make appropriate proposals to the european parliament and the council to address this situation . if the report referred to in paragraph 3 shows that the structural measures provided for by this regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all european consumers , the commission shall make appropriate proposals to the european parliament and the council to address this situation . in both cases , proposals for any appropriate measures shall be presented simultaneously with the reports . 5 . in addition , the commission shall submit a report to the european parliament and the council every two years after the report referred to in paragraph 3 . each report shall include a summary of the monitoring of the provision of roaming services in the union and an assessment of the progress towards achieving the objectives of this regulation . 6 . in order to assess the competitive developments in the union - wide roaming markets , berec shall regularly collect data from national regulatory authorities on the development of retail and wholesale charges for voice , sms and data roaming services . those data shall be notified to the commission at least twice a year . the commission shall make them public . berec shall also annually collect information from national regulatory authorities on transparency and comparability of different tariffs offered by operators to their customers . the commission shall make those data and findings public .


### the commission should adopt by delegated act a common strategic framework which translates the objectives of the union into key actions for the csf funds , in order to provide clearer strategic direction to the programming process at the level of member states and regions . the common strategic framework should facilitate sectoral and territorial coordination of union intervention under the csf funds and with other relevant union policies and instruments . ### the commission should adopt by delegated act a common strategic framework which coordinates and balances the objectives and priorities of ' europe 2020 ' strategy for a smart , sustainable and inclusive growth with the treaty objectives of economic , social and territorial cohesion . the aim of the common strategic framework is to provide clearer strategic direction to the programming process at the level of member states and regions . the common strategic framework should facilitate sectoral and territorial coordination of union intervention under the csf funds and with other relevant union policies and instruments .


### on the basis of the common strategic framework adopted by the commission , each member state should prepare , in cooperation with its partners and in dialogue with the commission , a partnership contract . the partnership contract should translate the elements set out in the common strategic framework into the national context and set out firm commitments to the achievement of union objectives through the programming of the csf funds . ### on the basis of the common strategic framework adopted by the commission and in order to guarantee the principle of multi - governance , each member state should draw up with its partners and in dialogue with the commission , a partnership contract . the partnership contract should translate the elements set out in the common strategic framework into the national context and set out firm commitments to the achievement of union objectives through the programming of the csf funds .


### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the partnership contracts , decisions on the allocation of the performance reserve , decisions suspending payments linked to member states ' economic policies , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections . ### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the partnership contracts , decisions on the allocation of the performance reserve , decisions suspending payments linked to member states ' economic policies , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections .


### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the partnership contracts , decisions on the allocation of the performance reserve , decisions suspending payments linked to member states ' economic policies , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections . ### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the partnership contracts and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections .


### ‘ common strategic framework’ means the document translating the objectives and targets of the union strategy for smart , sustainable and inclusive growth into key actions for the csf funds , establishing for each thematic objective the key actions to be supported by each csf fund and the mechanisms for ensuring the coherence and consistency of the programming of the csf funds with the economic and employment policies of the member states and of the union ; ### ‘ common strategic framework’ means the framework that coordinates and balances the objectives and priorities of ' europe 2020 ' strategy for smart , sustainable and inclusive growth with the treaty objectives of economic , social and territorial cohesion , establishing for each thematic objective the key actions to be supported by each csf fund and the mechanisms for ensuring the coherence and consistency of the programming of the csf funds with the economic and employment policies of the member states and of the union ;


### ‘ partnership contract’ means the document prepared by the member state with the involvement of partners in line with the multi - level governance approach , which sets out the member state ' s strategy , priorities and arrangements for using the csf funds in an effective and efficient way to pursue the union strategy for smart , sustainable and inclusive growth , and which is approved by the commission following assessment and dialogue with the member state ; ### ‘ partnership contract’ means the document drawn up by the member state and the partners referred to in article 5 , according to the multi - level governance approach , which sets out the member state ' s strategy , priorities and arrangements for using the csf funds in an effective and efficient way to pursue the union strategy for smart , sustainable and inclusive growth , in line with the treaty objectives of economic , social and territorial cohesion , and which is approved by the commission following assessment and dialogue with the member state ;


### 85 % for the less developed regions of member states whose average gdp per capita for the period 2007 to 2009 was below 85 % of the eu - 27 average during the same period and for the outermost regions ; ### 85 % for the less developed regions of member states whose average gdp per capita for the period 2009 to 2012 was below 85 % of the eu - 27 average during the same period and for the outermost regions ;


### it is appropriate to clarify that for the purpose of verifying compliance with the target of 95gco2 / km , co2 emissions should continue to be measured in accordance with regulation no 715 / 2007 of the european parliament and of the council of 20 june 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles and on access to vehicle repair and maintenance information and its implementing measures and innovative technologies . ### it is appropriate to clarify that for the purpose of verifying compliance with the target of 95gco2 / km , co2 emissions should continue to be measured in accordance with regulation no 715 / 2007 of the european parliament and of the council of 20 june 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles and on access to vehicle repair and maintenance information and its implementing measures and innovative technologies . however , studies carried out by the commission have demonstrated that the test procedures used to measure co2 emissions under that regulation have not prevented an increased utilisation of flexibilities by manufacturers which have resulted in alleged co2 emissions reductions that are not attributable to technological improvements and cannot be achieved in real driving on the road . regulation no 715 / 2007 , and the new european drive cycle , should therefore be amended as a matter of urgency , and at the latest by the end of 2014 , in order to ensure that test procedures give an accurate picture of the co2 emissions generated by real driving on the road . the next step should be to incorporate the world light duty test procedure , which is currently being developed under the auspices of the united nations economic commission for europe , into union law as soon as possible after it has been finalised . the commission should consider whether there is a need to supplement the wltp , by incorporating additional provisions , when integrating it into union law in order to ensure that test procedures give an accurate picture of the emissions generated by real driving on the road .


### the regulation requires the commission to carry out an impact assessment in order to review the test procedures to reflect adequately the real co2 emissions behaviour of cars . this work is proceeding through the development of a world light duty test procedure in the framework of the united nations economic commission for europe but is not yet complete . in view of this , annex i to regulation no 443 / 2009 establishes emission limits for 2020 as measured according to regulation no 715 / 2007 and annex xii to regulation no 692 / 2008 . when the test procedures are amended , the limits set in annex i should be adjusted to ensure comparable stringency for manufacturers and classes of vehicles . ### the regulation requires the commission to carry out an impact assessment in order to review the test procedures to reflect adequately the real co2 emissions behaviour of cars . this work is proceeding through the development of a world light duty test procedure in the framework of the united nations economic commission for europe but is not yet complete . in view of this , annex i to regulation no 443 / 2009 establishes emission limits for 2020 as measured according to regulation no 715 / 2007 and annex xii to regulation no 692 / 2008 . when the test procedures are amended , at the earliest on 1 january 2021 , the limits set in annex i should be adjusted to ensure comparable stringency for manufacturers and classes of vehicles .


### the burdens weighing on small and medium - sized undertakings within the union in connection to the audit of their financial statements should be reviewed to the necessary minimum without compromising investor protection . member states should ensure that the application of auditing standards according to which the statutory audit of the financial statements of those undertakings is performed is proportionate to the scale of small and medium - sized undertakings . ### the burdens weighing on small and medium - sized undertakings within the union in connection to the audit of their financial statements should be reviewed to the necessary minimum without compromising investor protection . member states should ensure that the application of auditing standards according to which the statutory audit of the financial statements of those undertakings is performed is proportionate to the scale of small and medium - sized undertakings . it should also be taken into account that both small and medium - sized enterprises exist in different sizes and that , moreover , their operations vary in complexity .


### member states shall ensure that statutory auditors and audit firms comply with international auditing standards when carrying out statutory audits as long as those standards are in conformity with the requirements of this directive and of regulation xx / xx . ### member states shall require statutory auditors and audit firms to carry out statutory audits in compliance with international auditing standards adopted by the commission in accordance with the procedure referred to in art . 48a .


### the competent authority may allow non - practitioners who are knowledgeable in the areas relevant to statutory audit to be involved in the governance of the public oversight system , provided that they are selected in accordance with an independent and transparent nomination procedure . practitioners shall not be allowed to be involved in the governance of the public oversight system . ### the competent authority shall be governed by a wide range of stakeholders . the competent authority may allow non - practitioners who are knowledgeable in the areas relevant to statutory audit to be involved in the governance of the public oversight system , provided that they are selected in accordance with an independent and transparent nomination procedure . member states may allow a minority of practitioners to be involved in the governance of the public oversight system .


### member states shall inform the commission and the competent authorities of the other member states of any arrangement entered into with regard to the delegation of tasks , including the precise conditions for regulating the delegations ### member states shall inform the commission , esma and the competent authorities of the other member states of any arrangement entered into with regard to the delegation of tasks , including the precise conditions for regulating the delegations


### ' investment business ' shall mean investment services and activities as defined in article 4 of directive 2004 / 39 / ec and the ancillary service referred to in point 1 of section b of the annex i to directive 2004 / 39 / ec of the european parliament and of the council ; ### ' investment business ' shall mean any of the investment services and activities as defined in article 4 of directive 2004 / 39 / ec and the ancillary service referred to in point 1 of section b of the annex i to directive 2004 / 39 / ec of the european parliament and of the council ;


### a judicial authority has made a ruling , for reasons directly related to the financial circumstances of the investment firm or the financial circumstances of any third party with whom financial instruments have been deposited by the investment firm , which has the effect of suspending investors ' ability to make claims against the firm or the firm ' s ability to make claims against the third party . ### a judicial authority has made a ruling which is enforceable , in accordance with the member state’s legislation , for reasons directly related to the financial circumstances of the investment firm or the financial circumstances of any third party with whom financial instruments have been deposited by the investment firm , which has the effect of suspending investors ' ability to make claims against the firm or the firm ' s ability to make claims against the third party .


### paragraph 4 is deleted . ### paragraph 4 is replaced by the following : ' 4 . a member state may limit the cover provided for in this directive to a specified percentage of an investor ' s claim . the percentage covered must , however , be equal or exceed 80 % of the claim as long as the amount to be paid under the compensation scheme is lower than what it is provided for in this directive . '


### the situation referred to in point of this subparagraph is due to a lack of funds as referred to in article 4a ; ### the situation referred to in point of this subparagraph is due to the fact that the target level of funds as referred to in article 4a has not been reached ;


### esma shall transmit its confirmation together with the information referred to in paragraph to the lending schemes . they shall receive this confirmation and information within 15 working days . the lending schemes shall , without delay but at the latest within further 15 working days after reception effect payment of the loan to the borrowing scheme . ### esma shall transmit its confirmation together with the information referred to in paragraph to the lending schemes . they shall receive this confirmation and information within 15 working days . the lending schemes shall , without delay but at the latest within further 30 working days after reception effect payment of the loan to the borrowing scheme .


### in order to facilitate an effective cooperation between investor - compensation schemes , the schemes , or , where appropriate , the competent authorities , shall have written cooperation agreements in place . such agreements shall take into account the requirements set out in directive 95 / 46 / ec of the european parliament and of the council . ### in order to facilitate an effective cooperation between investor - compensation schemes , the schemes , or , where appropriate , the competent authorities , shall conclude written cooperation agreements . such agreements shall take into account the requirements set out in directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data .


### if the measures referred to in paragraph 1 fail to secure compliance on the part of the investment firm , ucits , depositary or third party , the scheme may , with the express consent of the competent authorities , give not less than 12 months ' notice of its intention of excluding the investment firm , ucits , depositary or third party from membership of the scheme . the scheme shall continue to provide the coverage referred to in article 2 and in respect of investment business or ucits activities carried on during that period . if , on expiry of the period of notice , the investment firm , ucits , depositary or third party has not met its obligations , the compensation scheme may , again having obtained the express consent of the competent authorities , exclude it . ### if the measures referred to in paragraph 1 fail to secure compliance on the part of the investment firm , ucits , depositary or third party , the scheme may , with the express consent of the competent authorities , give not less than six months ' notice of its intention of excluding the investment firm , ucits , depositary or third party from membership of the scheme . the scheme shall continue to provide the coverage referred to in article 2 and in respect of investment business or ucits activities carried on during that period . if , on expiry of the period of notice , the investment firm , ucits , depositary or third party has not met its obligations , the compensation scheme may , again having obtained the express consent of the competent authorities , exclude it .


### where an investor is not entitled to the sums or securities held , the person who is entitled shall receive the compensation , provided that that person has been or can be identified before the date of the determination or ruling referred to in article 2 and . ### where an investor is not entitled to the sums or instruments held , the person who is entitled shall receive the compensation , provided that that person has been or can be identified before the date of the determination or ruling referred to in article 2 and .


### the fact that that period has expired may not be invoked by the scheme to deny coverage to an investor who has been unable to assert his right to compensation in time . ### the fact that that period has expired may not be invoked by the scheme to deny coverage to an investor who has been unable to assert his right to compensation in time , save in the situation of negligence on the part of the investor .


### notwithstanding the time limit laid down in the first subparagraph of paragraph 2 , where an investor or any other person entitled to or having an interest in investment business has been charged with an offence arising out of or in relation to money laundering as defined in article 1 of directive 2005 / 60 / ec or is the subject of action for contravention of directive 2003 / 6 / ec , the compensation scheme may suspend any payment pending the judgment of the court or determination of a competent authority . ### notwithstanding the time limit laid down in the first subparagraph of paragraph 2 , where an investor or any other person entitled to or having an interest in investment business has been charged with an offence arising out of or in relation to money laundering as defined in article 1 of directive 2005 / 60 / ec in relation to money that is the subject of this directive , or is the subject of action for contravention of directive 2003 / 6 / ec , the compensation scheme may suspend any payment pending the judgment of the court or determination of a competent authority .


### without prejudice to any other rights which they may have under national law , schemes which make payments in order to compensate investors shall have the right of subrogation to the rights of those investors in liquidation proceedings for amounts equal to their payments . ### without prejudice to any other rights which they may have under national law , schemes which make payments in order to compensate investors shall have the right of subrogation to the rights of those in liquidation proceedings for amounts equal to their payments .


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


### the commission should consult closely with the member state concerned in order to reach agreement on the apportionment of financial responsibility . where the commission determines that a member state is responsible , and the member state does not accept that determination , the commission should pay the award , but should address a decision to the member state requesting it to provide the amounts concerned to the budget of the european union , together with applicable interest . the interest payable should be that set down pursuant to [ article 71 of council regulation no 1605 / 2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities as amended ] . article 263 of the treaty is avalable in cases where a member state considers that the decision falls short of the criteria set out in this regulation . ### the commission should consult closely with the member state concerned in order to reach agreement on the apportionment of financial responsibility . where the commission determines that a member state is responsible , and the member state does not accept that determination , the commission should pay the award , but should address a decision to the member state requesting it to provide the amounts concerned to the budget of the european union , together with applicable interest . the interest payable should be that set down pursuant to article 78 of regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union1 . article 263 of the treaty is available in cases where a member state considers that the decision falls short of the criteria set out in this regulation . ––––––––––––––––– 1 oj l 298 , 26 . 10 . 2012 , p . 1 .


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


### ‘ costs arising from the arbitration’ means the fees and costs of the arbitration tribunal and the costs of representation and expenses awarded to the claimant by the arbitration tribunal ; ### ‘ costs arising from the arbitration’ means the fees and costs of the arbitration tribunal , arbitration institution and the costs of representation and expenses awarded to the claimant by the arbitration tribunal ;


### as soon as the commission receives notice by which a claimant states its intention to initiate arbitration proceedings , in accordance with the provisions of an agreement , it shall notify the member state concerned . ### as soon as the commission receives notice by which a claimant states its intention to initiate arbitration proceedings against a member state , in accordance with the provisions of an agreement , it shall notify the member state concerned . in the case the commission receives notice by which a claimant states its intention to initiate arbitration proceedings against the union it shall immediately notify all member states .


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


### the commission shall provide the member state with all documents relating to the proceeding , so as to ensure as effective defence as possible ; and , ### the commission shall provide the member state with all documents relating to the proceeding , and promptly inform the members state of all procedural steps , and enter in consultations with the member state regularly , and in any event when requested by the member state concerned , so as to ensure as effective defence as possible ; and ,


### where the union is respondent in a dispute concerning treatment afforded , whether fully or in part , by a member state , and the commission considers that the settlement of the dispute would be in the interests of the union , it shall first consult with the member state concerned . the member state may also initiate such consultations with the commission . ### where the union is respondent in a dispute concerning treatment afforded , whether fully or in part , by a member state , and the commission considers that the settlement of the dispute would be in the interests of the union , it shall first consult with the member state concerned . the member state may also initiate such consultations with the commission . the member state and the commission shall ensure a mutual understanding of the legal situation and possible consequences and avoid any disagreement in view of the settlement of the case .


### where the union acts as respondent pursuant to article 8 , and the commission considers that the award or settlement in question should be paid , in part or in full , by the member state concerned on the basis of the criteria laid down in article&#160 ; 3 , the procedure set out in paragraphs&#160 ; 2 to 5 shall apply . ### where the union acts as respondent pursuant to article&#160 ; 8 , and the commission considers that the award or settlement in question should be paid , in part or in full , by the member state concerned on the basis of the criteria laid down in article&#160 ; 3 , the procedure set out in paragraphs&#160 ; 2 to 5 of this article shall apply . that procedure shall also apply where the union , acting as respondent pursuant to article&#160 ; 8 , is successful in the arbitration but has to bear any costs arising from the arbitration .


### a member state ' s reimbursement or payment to the budget of the union , for the payment of an award or a settlement or any costs , shall be considered as internal assigned revenue in the sense of [ article 18 of council regulation no 1605 / 2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities ] . it may be used to cover expenditure resulting from agreements concluded pursuant to article 218 of the treaty providing for investor - state dispute settlement or to replenish appropriations initially provided to cover the payment of an award or a settlement or any costs . ### a member state ' s reimbursement or payment to the budget of the union , for the payment of an award or a settlement or any costs , including those referred to in article 18 of this regulation , shall be considered as internal assigned revenue in the sense of article 21 of regulation no 966 / 2012 . it may be used to cover expenditure resulting from agreements concluded pursuant to article 218 of the treaty providing for investor - to - state dispute settlement or to replenish appropriations initially provided to cover the payment of an award or a settlement or any costs .


### the commission shall be assisted by [ the committee for investment agreements established by regulation [ 2010 / 197 cod ] ] . that committee shall be a committee within the meaning of regulation no&#160 ; 182 / 2011 . ### the commission shall be assisted by the committee for investment agreements established by regulation no&#160 ; 1219 / 2012 of the european parliament and of the council of 12&#160 ; december 2012 establishing transitional arrangements for bilateral investment agreements between member states and third countries1 . that committee shall be a committee within the meaning of regulation no&#160 ; 182 / 2011 . ––––––––––––––––– 1 oj l 351 20 . 12 . 2012 p . 40 .


### the commission shall submit a report on the operation of this regulation to the european parliament and the council at regular intervals . the first report shall be submitted no later than three years after the entry into force of this regulation . subsequent reports shall be submitted every three years thereafter . ### the commission shall submit a detailed report on the operation of this regulation to the european parliament and the council at regular intervals . that report shall contain all relevant information including the listing of the claims made against the union or the member states , related proceedings , rulings and the financial impact on the respective budgets . the first report shall be submitted no later than five years after the entry into force of this regulation . subsequent reports shall be submitted every three years thereafter .


### draft legislative resolution ### in view of their special character , financial services should be excluded from the scope of this regulation . for the purposes of this regulation , ‘ financial services’ means , albeit not exclusively , services and activities of a credit institution , a financial institution or an undertaking which provides ancillary services within the meaning of article 4 , and of directive 2006 / 48 / ec ; of an insurance undertaking , a reinsurance undertaking or an insurance holding company within the meaning of articles 13 and , 13 and and 212 of directive 2009 / 138 / ec ; of an investment firm within the meaning of article 3 of directive 2006 / 49 / ec ; of a payment service provider within the meaning of article 4 of directive 2007 / 64 / ec ; of an electronic money issuer within the meaning of article 2 of directive 2009 / 110 / ec ; of a credit intermediary or non - credit institution within the meaning of article 3 or of directive . . . / . . . / ec [ proposal for a directive of the european parliament and of the council on credit agreements for consumers relating to immovable property ] ; of a creditor or credit intermediary within the meaning of article 3 or of directive 2008 / 48 / ec . the provision of currency exchange services should also be regarded as financial services .