### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### in exercising their powers under article 30a with respect to article 23 , national regulatory authorities shall closely monitor the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology . they shall , in cooperation with other competent national authorities , also monitor the effects on cultural diversity and innovation . national regulatory authorities shall publish reports on an annual basis regarding their monitoring and findings , and provide those reports to the commission and berec .


### 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 . '


### a european electronic communications provider shall be entitled to equal treatment by the national regulatory authorities of different member states in objectively equivalent situations . ### national regulatory authorities shall treat electronic communications providers equally in comparable situations , irrespective of their member state of establishment .


### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ' specialised service ' means an electronic communications service that provides the capability to access specific content , applications or services , or a combination thereof , that is subject to admission control and whose technical characteristics are controlled using traffic management in order to ensure adequate service characteristics or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service


### where the extension period granted in accordance with the second subparagraph is significant in comparison with the original duration of the rights of use , national competent authorities may subject the extension of rights to any adaptations of the previously applicable authorisation conditions which are necessary in the light of the changed circumstances , including the imposition of additional fees . these additional fees shall be based on an application pro rata temporis of any initial fee for the original rights of use which was expressly calculated by reference to the originally foreseen duration . ### where the extension period granted in accordance with the second subparagraph is significant in comparison with the original duration of the rights of use , national competent authorities may subject the extension of rights to any adaptations of the previously applicable authorisation conditions which are necessary in the light of the changed circumstances . where such adaptations include the imposition of additional fees , such fees shall not exceed an application pro rata temporis of any initial fee for the original rights of use which was expressly calculated by reference to the originally foreseen duration .


### the provision of cross - border electronic communications is still subject to greater burdens than those confined to the national borders . in particular , cross - border providers still need to notify and pay fees in individual host member states . holders of a single eu authorisation should be subject to a single notification system in the member state of their main establishment , which will reduce the administrative burden for cross - border operators . the single eu authorisation should apply to any undertaking that provides or intends to provide electronic communications services and networks in more than one member state , thereby entitling it to enjoy the rights attached to the freedom to provide electronic communications services and networks in accordance with this regulation in any member state . a single eu authorisation defining the legal framework applicable to electronic communications operators providing services across member states on the basis of a general authorisation in the home member state should ensure the effectiveness of the freedom to provide electronic communications services and networks in the whole union . ### a certain degree of harmonisation of the general authorisation , involving berec as the recipient of notifications , should further ensure the practical effectiveness of the freedom to provide electronic communications services and networks in the whole union . furthermore , notification is not mandatory in order to benefit from the general authorisation scheme and not all member states require it . as a notification requirement imposes an administrative burden on the operator , member states requiring notification should show that it is justified , in line with union policy on abolishing unnecessary regulatory burdens . the commission should be required to evaluate such requirements and , where appropriate , be empowered to request their removal .


### where national competent authorities grant rights of use in a harmonised band before the adoption of an implementing act in respect of that band , they shall define the conditions of such grant , and in particular those relative to duration , in such a way that beneficiaries of the rights of use are made aware of the possibility that the commission would adopt implementing acts in accordance with paragraph 2 establishing a minimum duration of such rights or a synchronised expiry or renewal cycle for the union as a whole . this subparagraph shall not apply to the grant of rights of indefinite duration . ### where national competent authorities grant rights of use in a harmonised band before the adoption of an implementing act in respect of that band , they shall define the conditions of such grant , in such a way that beneficiaries of the rights of use are made aware of the possibility that the commission will adopt implementing acts in accordance with paragraph 2 for the union as a whole . this subparagraph shall not apply to the grant of rights of indefinite duration .


### 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 and article 25 , article 26 , and article 27 and of this regulation , 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 .


### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council23 , testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 23 decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 . 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , while some areas of the union are far advanced , both with respect to the policy goals of the digital agenda for europe and globally , other areas have been lagging behind . in particular , this is due to the fragmentation of the union process for making available spectrum particularly suitable for high speed wireless broadband access , which jeopardises the achievement of those policy goals for the union as a whole . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states having been granted a derogation by the commission or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council23 , testifies to the urgency of action even within the term of the current rspp . it also indicates a need for improvement in the commission ' s exercise of its powers , of crucial importance for the loyal implementation of union measures and sincere cooperation between member states . stringent efforts by the commission to enforce already adopted union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 should , by themselves , contribute substantially to addressing this problem . __________________ 23 decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 . 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### for the harmonised bands for which a common timetable for granting rights of use and allowing actual use has been established in an implementing act adopted in accordance with paragraph 2 , national competent authorities shall provide timely and sufficiently detailed information to the commission on their plans to ensure compliance . the commission may adopt implementing acts defining the format and procedures for the provision of such information . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 . ### for the harmonised bands for which a common timetable for granting rights of use and allowing actual use has been established in an implementing act adopted in accordance with paragraph 2 , national competent authorities shall provide timely and sufficiently detailed information to the commission on their plans to ensure compliance . the commission shall adopt an implementing act defining the format and procedures for the provision of such information within one year from the date of entry into force of this regulation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services and the general characteristics of the service , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances .


### to favour investment and innovation in new and enhanced high - capacity infrastructures which reach throughout the union and which can cater for evolving end - user demand ; ### to favour investment and innovation in new and enhanced high - capacity infrastructures and to ensure that they reach throughout the union and can cater for evolving end - user demand , wherever they may be located in the union ;


### this regulation aims at the completion of the single electronic communications market through action on three broad , inter - related axes . first , it should secure the freedom to provide electronic communications services across borders and networks in different member states , building on the concept of a single eu authorisation which puts in place the conditions for ensuring greater consistency and predictability in the content and implementation of sector - specific regulation throughout the union . second , it is necessary to enable access on much more convergent terms and conditions to essential inputs for the cross - border provision of electronic communications networks and services , not only for wireless broadband communications , for which both licensed and unlicensed spectrum is key , but also for fixed line connectivity . third , in the interests of aligning business conditions and building the digital confidence of citizens , this regulation should harmonise rules on the protection of end - users , especially consumers . this includes rules on non - discrimination , contractual information , termination of contracts and switching , in addition to rules on access to online content , applications and services and on traffic management which not only protect end - users but simultaneously guarantee the continued functioning of the internet ecosystem as an engine of innovation . in addition , further reforms in the field of roaming should give end - users the confidence to stay connected when they travel in the union , and should become over time a driver of convergent pricing and other conditions in the union . ### this regulation aims at moving further towards the completion of the single electronic communications market through action on three broad , inter - related axes . first , it should affirm the freedom to provide electronic communications services across borders and networks in different member states , by harmonising the application of the general authorisation scheme . second , it is necessary to address the conditions and procedures for granting spectrum licenses for wireless broadband communications , as well as the use of unlicensed spectrum . third , in the interests of aligning business conditions and building the digital confidence of citizens , this regulation should address rules on the protection of end - users , especially consumers . this includes rules on non - discrimination , contractual information , termination of contracts and switching , in addition to rules on access to online content , applications and services and on traffic management which not only protect end - users but simultaneously guarantee the continued functioning of the internet ecosystem as an engine of innovation . in addition , further reforms in the field of roaming should give end - users the confidence to stay connected when they travel in the union , and should become over time a driver of convergent pricing and other conditions in the union .


### where implementing acts provided for in this paragraph define a harmonised date for renewal or reassignment of rights of use of radio spectrum which falls after the date of expiry or renewal of any existing individual rights of use of such radio spectrum in any of the member states , the national competent authorities shall extend the existing rights until the harmonised date under the same previously applicable substantive authorisation conditions , including any applicable periodic fees . ### where implementing acts provided for in this paragraph define a harmonised date for renewal or reassignment of rights of use of radio spectrum which falls after the date of expiry or renewal of any existing individual rights of use of such radio spectrum in any of the member states , the duration of those rights of use shall be extended without prejudice to other conditions attached to those rights .


### in addition , the significant reduction in mobile termination rates throughout the union in the recent past should now allow the elimination of additional roaming charges for incoming calls . ### in order to provide clarity and legal certainty , a date should be set for the final phasing out of retail roaming surcharges which reduction began with regulation no 717 / 2007 . in advance of that final abolition of retail surcharges , the wholesale rates should be further decreased and mobile termination rates should be harmonised , throughout the union , in order to allow for a genuine level playing field for telecom operators .


### considering the massive growth in radio spectrum demand for wireless broadband , solutions for alternative spectrally efficient access to wireless broadband should be promoted . this includes the use of low - power wireless access systems with a small - area operating range such as so called ‘ hotspots’ of radio local area networks , as well as networks of low - power small size cellular access points . ### considering the massive growth in radio spectrum demand for wireless broadband , solutions for alternative spectrally efficient access to wireless broadband should be encouraged and not be prevented . this currently includes the use of low - power wireless access systems with a small - area operating range such as so called ' hotspots ' of radio local area networks , as well as networks of low - power small size cellular access points . dynamic spectrum access , including on a licence - exempt basis and other innovative technologies and uses of spectrum should be encouraged and made possible .


### it is necessary to ensure that in similar circumstances there is no discrimination in the treatment of any european electronic communications provider by different member states and that consistent regulatory practices are applied in the single market , in particular as regards measures falling within the scope of articles 15 or 16 of directive 2002 / 21 / ec , or articles 5 or 8 of directive 2002 / 19 / ec . european electronic communications providers should therefore have a right to equal treatment by the different member states in objectively equivalent situations in order to enable more integrated multi - territorial operations . furthermore , there should be specific procedures at union level for the review of draft decisions on remedies within the meaning of article 7a of directive 2002 / 21 / ec in such cases , in order to avoid unjustified divergences in obligations applicable to european electronic communications providers in different member states . ### the principle of equal treatment is a general principle of european union law enshrined in articles 20 and 21 of the charter of fundamental rights of the european union . according to settled case - law , that principle requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified . it is necessary to ensure that in similar circumstances there is no discrimination in the treatment of any electronic communications provider by different member states and that consistent regulatory practices are applied in the single market , in particular as regards measures falling within the scope of articles 15 or 16 of directive 2002 / 21 / ec , or articles 5 or 8 of directive 2002 / 19 / ec .


### as regards the other main substantive conditions which may be attached to rights of use of radio spectrum for wireless broadband , the convergent application by individual member states of the regulatory principles and criteria set down in this regulation would be favoured by a coordination mechanism whereby the commission and the competent authorities of the other member states have an opportunity to comment in advance of the granting of rights of use by a given member state and whereby the commission has an opportunity , taking into account the views of the member states , to forestall implementation of any proposal which appears to be non - compliant with union law . ### the convergent application by individual member states of the regulatory principles and criteria set down in the union regulatory framework would be favoured by a coordination mechanism whereby the commission and the competent authorities of the other member states have an opportunity to comment in advance of the granting of rights of use by a given member state and whereby the commission has an opportunity , taking into account the views of the member states , to forestall implementation of any proposal which appears to be non - compliant with union law .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### the european commission and national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued broad availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . actual internet speeds and quality of service for individual applications , for types of applications as well as for specialised services should be monitored and tested on an ongoing basis and the findings of this monitoring should be made publicly available . the european commission and national regulatory authorities shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .


### 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 .


### in a seamless single market in electronic communications , the freedom to provide electronic communications networks and services to every customer in the union and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders . the current regulatory framework for electronic communications does not fully address such fragmentation , with national , rather than union - wide general authorisation regimes , national spectrum assignment schemes , differences of access products available for electronic communications providers in different member states , and different sets of sector - specific consumer rules applicable . the union rules in many cases merely define a baseline , and are often implemented in diverging ways by the member states . ### the freedom to provide electronic communications networks and services to every customer in the union and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders . the current regulatory framework for electronic communications does not fully address such fragmentation , with diverging national implementation of the general authorisation regime , national spectrum assignment schemes , and different sets of sector - specific consumer rules applicable . for example , while authorisation directive limits the type of information which may be required , 12 member states demand additional detail such as a categorisation of the intended types of activities , the geographical scope of the activity , the targeted market , the company structure , including names of shareholders and of shareholders of shareholders , chamber of commerce certification and a criminal records of the representative of the undertaking . additional requirements such as these underline the importance of a firm policy by the commission regarding infringement procedures .


### ‘ harmonised radio spectrum for wireless broadband communications’ means radio spectrum for which the conditions of availability and efficient use are harmonised at union level , in particular pursuant to decision 676 / 2002 / ec of the european parliament and the council , 27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### ' harmonised radio spectrum for wireless broadband communications ' means radio spectrum for which the conditions of availability , efficiency and primary use are harmonised at union level in accordance with directive 2002 / 21 / ec , and with decision 676 / 2002 / ec of the european parliament and the council , 27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the provisions of article 23 and and the continued availability of open internet access services in accordance with article 2 at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also ensure that the effects of specialised services do not impair freedom of opinion and information , linguistic and cultural diversity , media freedom and diversity and innovation . national regulatory authorities shall also closely monitor and ensure the application of reasonable traffic management measures in compliance with article 23 and the principle of net neutrality , taking the utmost account of the berec guidelines specified in paragraph 2 of this article and in article 21 of directive 2002 / 22 / ec . reasonable traffic management measures shall be subject to periodic review to reflect advances in technology . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .


### while it is in the first place for roaming providers to assess themselves the reasonable character of the volumes of roaming voice calls , sms and data to be covered at domestic rates under their various retail packages , national regulatory authorities should supervise the application by roaming providers of such reasonable use limits and ensure that they are specifically defined by reference to detailed quantified information in the contracts in terms which are clear and transparent to customers . in so doing , national regulatory authorities should take utmost account of relevant guidance from berec . in its guidance , berec should identify various usage patterns substantiated by the underlying voice , data and sms usage trends at the union level , and the evolution of expectations as regards in particular wireless data consumption . ### while it is in the first place for roaming providers to assess themselves the reasonable character of the volumes of roaming voice calls , sms and data to be covered at domestic rates under their various retail packages , national regulatory authorities should supervise the application by roaming providers of such reasonable use limits and ensure that they are specifically defined by reference to detailed quantified information in the contracts in terms which are clear and transparent to customers . in so doing , national regulatory authorities should take utmost account of relevant guidance from berec , based on the results of a public consultation . in its guidance , berec should identify various usage patterns substantiated by the underlying voice , data and sms usage trends at the union level , and the evolution of expectations as regards in particular wireless data consumption .


### the provision of cross - border electronic communications is still subject to greater burdens than those confined to the national borders . in particular , cross - border providers still need to notify and pay fees in individual host member states . holders of a single eu authorisation should be subject to a single notification system in the member state of their main establishment , which will reduce the administrative burden for cross - border operators . the single eu authorisation should apply to any undertaking that provides or intends to provide electronic communications services and networks in more than one member state , thereby entitling it to enjoy the rights attached to the freedom to provide electronic communications services and networks in accordance with this regulation in any member state . a single eu authorisation defining the legal framework applicable to electronic communications operators providing services across member states on the basis of a general authorisation in the home member state should ensure the effectiveness of the freedom to provide electronic communications services and networks in the whole union . ### a certain degree of harmonisation of the general authorisation , involving berec as the recipient of notifications , should further ensure the practical effectiveness of the freedom to provide electronic communications services and networks in the whole union . furthermore , notification is not mandatory in order to benefit from the general authorisation scheme and not all member states require it . as a notification requirement imposes an administrative burden on the operator , member states requiring notification should show that it is justified , in line with union policy on abolishing unnecessary regulatory burdens . the commission should be required to evaluate such requirements and , where appropriate , be empowered to request their removal .


### 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 .


### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services . ### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with enhanced quality services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services .


### national competent authorities shall ensure that the fees for rights of use for radio spectrum , if any : ### national competent authorities shall ensure that the fees for rights of use for radio spectrum of all types , if any


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### in exercising their powers under article 30a with respect to article 23 , national regulatory authorities shall closely monitor the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology . they shall , in cooperation with other competent national authorities , also monitor the effects on cultural diversity and innovation . national regulatory authorities shall publish reports on an annual basis regarding their monitoring and findings , and provide those reports to the commission and berec .


### 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 .


### in order to supplement and amend certain non - essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of a code of conduct on the objectives and criteria to support the implementation of partnership , the adoption of a common strategic framework , additional rules on the allocation of the performance reserve , the definition of the area and population covered by the local development strategies , detailed rules on financial instruments , the rules on certain types of financial instruments set up at national , regional , transnational or cross - border level , rules concerning funding agreements , transfer and management of assets , the arrangements for management and control , the rules on payment requests , and establishment of a system of capitalisation of annual instalments , the definition of the flat rate for revenue generating operations , the definition of the flat rate applied to indirect costs for grants based on existing methods and corresponding rates applicable in union policies , the responsibilities of member states concerning the procedure for reporting irregularities and recovery of sums unduly paid , the modalities of exchange of information of operations , the arrangements for the adequate audit trail , the conditions of national audits , the accreditation criteria for managing authorities and certifying authorities , the identification of commonly accepted data carriers , and the criteria for establishing the level of financial correction to be applied . the commission should also be empowered to amend annex v in order to address future adaptation needs . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . ### in order to supplement and amend certain non - essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of a code of conduct on the objectives and criteria to support the implementation of partnership , the definition of the area and population covered by the local development strategies , detailed rules on financial instruments , the rules on certain types of financial instruments set up at national , regional , transnational or cross - border level , rules concerning funding agreements , transfer and management of assets , the arrangements for management and control , the rules on payment requests , and establishment of a system of capitalisation of annual instalments , the definition of the flat rate for revenue generating operations , the definition of the flat rate applied to indirect costs for grants based on existing methods and corresponding rates applicable in union policies , the responsibilities of member states concerning the procedure for reporting irregularities and recovery of sums unduly paid , the modalities of exchange of information of operations , the arrangements for the adequate audit trail , the conditions of national audits , the accreditation criteria for managing authorities and certifying authorities , the identification of commonly accepted data carriers , and the criteria for establishing the level of financial correction to be applied . the commission should also be empowered to amend annex v in order to address future adaptation needs . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level .


### draft legislative resolution ### recalls , in particular , that in the same resolution the european parliament stresses that “a successful and strengthened cohesion policy needs adequate funding” and concludes that “the amounts allocated to it in the current financial programming period should be at least maintained in the next period” ;


### ' article 5a super - credits for 95 g co2 / km target in calculating the average specific emissions of co2 , each new passenger car with specific emissions of co2 of less than 35 g co2 / km shall be counted as 1 . 3 passenger cars in the period from 2020 to 2023 and as 1 passenger car from 2024 onwards . 2 . the maximum number of new passenger cars to be taken into account in the application of the multipliers set out in paragraph 1 for the period 2020 to 2023 shall not exceed a cumulative total of 20 000 new registrations of passenger cars per manufacturer . ' ### ' article 5a ultra - low carbon vehicles from 2020 onwards : the average specific emissions target of co2 of each manufacturer who is responsible for the registration in the union market of more than 5% of new passenger cars with specific emissions of less than 50 g co2 / km shall be increased by 2 g co2 / km ; the average specific emissions target of co2 of each manufacturer who is responsible for the registration in the union market of less than 4% of new passenger cars with specific emissions of co2 of less than 50 g co2 / km shall be reduced by 1 g co2 / km ; the average specific emissions target of co2 of manufacturers who are responsible for the registration in the union market of 4% to 5% of new passenger cars with specific emissions of co2 of less than 50 g co2 / km shall not be affected . 2 . from 2020 and each subsequent calendar year , the commission shall , on the basis of the information provided by member states in accordance with article 8 , calculate to what extent the credits and debits obtained under the provisions of this article affect the level of the target set out in article 1 . '


### article 4 , article 8 and , article 9 and article 10 and shall not apply to a manufacturer which is responsible together with all of its connected undertakings for less than 500 new passenger cars registered in the eu in the previous calendar year . ’ ### article 4 , article 8 and , article 9 and article 10 and shall not apply to a manufacturer which is responsible together with all of its connected undertakings for less than 1000 new passenger cars registered in the eu in the previous calendar year . ’


### in recognition of the disproportionate impacts on the smallest manufacturers resulting from compliance with specific emissions targets defined on the basis of the utility of the vehicle , high administrative burden of the derogation procedure and only marginal benefit in terms of avoided co2 from the vehicles sold by these manufacturers , producers responsible annually for less than 500 new passenger cars are excluded from the scope of the specific emissions target and the excess emissions premium . ### in recognition of the disproportionate impacts on the smallest manufacturers resulting from compliance with specific emissions targets defined on the basis of the utility of the vehicle , high administrative burden of the derogation procedure and only marginal benefit in terms of avoided co2 from the vehicles sold by these manufacturers , producers responsible annually for less than 1000 new passenger cars are excluded from the scope of the specific emissions target and the excess emissions premium .


### in article 77 , paragraph 6 is deleted . ### article 77 is amended as follows : paragraph 6 is deleted .


### in article 77 , paragraph 6 is deleted . ### article 77 is amended as follows : in paragraph 2 , the introductory part is amended as follows : ' 2 . by way of derogation from article 53 , from the second sentence of article 53 and from the ceilings set out in annex iii , interim payments and payments of the final balance shall be increased by an amount corresponding to 10 percentage points above the co - financing rate applicable to each priority axis , but not exceeding 100 % , to be applied to the amount of eligible expenditure newly declared in each certified statement of expenditure submitted after the date on [ . . . ] which a member state meets one of the following conditions and until the end of the programming period : ' paragraph 6 is deleted .


### the dispute raises unsettled issues of law which may recur in other disputes under the same or other union agreements concerning treatment afforded by the union or other member states . ### the dispute raises sensitive issues of law the resolution of which may affect the future interpretation of the agreement in question or other agreements .


### regulation of the european parliament and of the council establishing a framework for managing financial responsibility linked to investor - state dispute settlement tribunals established by international agreements to which the european union is party ### regulation of the european parliament and of the council establishing a framework for managing financial responsibility linked to investor - to - state dispute settlement tribunals established by international agreements to which the european union is party


### 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 , after consultations with the member state concerned , require that 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 .


### 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 .


### it is likely that similar claims will be brought under the same agreement against treatment afforded by other member states and the commission is best placed to ensure an effective and consistent defence ; or , ### similar claims have been lodged under the same agreement against treatment afforded by other member states and the commission is best placed to ensure an effective and consistent defence ; or ,


### the commission may adopt a decision requiring the member state concerned to make financial contributions to the budget of the union in respect of any costs arising from the arbitration where it considers that the member state will be liable to pay any award pursuant to the criteria set down in article&#160 ; 3 . ### where the union acts as respondent pursuant to article&#160 ; 8 , and unless an arrangement has been entered into pursuant to article&#160 ; 11 , the commission may adopt a decision requiring the member state concerned to make advance financial contributions to the budget of the union in respect of foreseeable or incurred costs arising from the arbitration . such a decision on financial contributions shall be proportionate , taking into account the criteria set down in article&#160 ; 3 .


### the commission may , at any time , require the member state concerned to take a particular position as regards any point of law raised by the dispute or any other element having a union interest . ### where overriding interests of the union so require , the commission may , at any time after consultations with the member state concerned , require that member state to take a particular position as regards any point of law raised by the dispute or any other issue of law , the resolution of which may affect the future interpretation of the agreement in question or other agreements .


### are individually identified by a physical means of identification ; ### deleted


### the commission may , by means of implementing acts lay down rules concerning the disease prevention and control measures provided for in paragraph 1 of this article and the rules adopted pursuant to paragraph 2 thereof . ### without prejudice to regulation no 576 / 2013 on the non - commercial movement of pet animals71g , the commission may , by means of implementing acts , lay down rules concerning the disease prevention and control measures in accordance with the provisions of paragraph 2 of this article . __________________ 71goj l 178 , 28 . 6 . 2013 , p . 1 .


### this regulation lays down rules for the prevention and control of animal diseases , which are transmissible to animals or to humans . ### this regulation lays down : rules for the prevention and control of animal diseases , which are transmissible to animals or to humans , the instruments and arrangements for moving towards the declaration of disease - free zones , the prioritising of actions and the attribution of responsibilities in the field of animal health .


### pet keepers shall ensure that terrestrial pet animals of the species listed in part a of annex i which are moved from one member state to another member state : ### pet keepers shall ensure that terrestrial pet animals of the species listed in part b of annex i when moved from one member state to another member state meet the requirements laid down in regulation no 576 / 2013 on the non - commercial movement of pet animals71c . __________________ 71coj l 178 , 28 . 6 . 2013 , p . 1 .


### the commission shall , by means of implementing acts , establish a list of listed diseases , as referred to in paragraph 1 . ### the commission shall , by means of delegated acts in accordance with article 253 , with due regard to the opinions of the european food safety authority , amend the list of listed diseases that can be found in annex - 1a hereto .


### members should be allowed to take part in monitoring the management of collecting societies . to this end , collecting societies should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from having to organise such a supervisory function . ### members should be allowed to take part in monitoring the management of collective management organisations . to this end , collective management organisations should establish a supervisory function appropriate to their organisational structure and allow the different categories of members to be represented in equal manner in the body that exercises this function . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from having to organise such a supervisory function .


### any representation agreement between collecting societies whereby a collecting society mandates another collecting society to grant multi - territorial licences for the online rights in musical works in its own music repertoire shall be of a non - exclusive nature . the mandated collecting society shall manage those online rights on non - discriminatory terms . ### in order to allow the aggregation of a multiplicity of repertoires and to be able to grant multi - repertoire and multi - territorial licences , collective management societies shall have the possibility to conclude representation agreements with other collective management societies for the coordination and efficiency of such licenses under equal and non - discriminatory terms . any representation agreement between collective management societies whereby a collective management society mandates another collective management society to grant multi - territorial licences for the online rights in musical works in its own music repertoire should preserve the ability for the mandating society to mandate another society .


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by a substantial number of rightholders , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ;


### rightholders shall have the right to authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . ### according to the rules collectively decided at the general assembly , rightholders shall have the right to authorise a collective management organisation of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder .


### any representation agreement between collecting societies whereby a collecting society mandates another collecting society to grant multi - territorial licences for the online rights in musical works in its own music repertoire shall be of a non - exclusive nature . the mandated collecting society shall manage those online rights on non - discriminatory terms . ### any representation agreement between collective management organisations whereby a collective management organisation mandates another collective management organisation to grant multi - territorial licences for the online rights in musical works in its own music repertoire shall be of a non - exclusive nature . this does not preclude the relevant collective management organisation ' s right to entrust a limited number of the other collective management organisations or online rights pools to grant multi - territorial licences for the online rights in musical works in its own music repertoire , and to participate in a limited number of online rights pools .


### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collecting societies . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use . ### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collective management organisations . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use .


### rightholders shall have the right to authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . ### rightholders shall have the right to authorise a collective management organisation of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collective management organisation or the rightholder . collective management organisation shall have the right to require the exclusive assignment of the rights in all works of their members .


### every member of a collecting society shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name . ### every member of a collecting society shall have the right to appoint any other member or a legal person in the same category as a proxy holder to attend and vote at the general meeting in his name .


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any non - profit organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , to collectively manage and licence specific categories of works or other protected subject matter , or specific categories of copyright or rights related to copyright , on behalf and account of more than one rightholder as its sole or main purpose , which is built on the principle of solidarity among rightholders and its fiduciary duty to act in the interest of all rightholders it represents ;


### the necessary arrangements concerning the accommodation to be provided for the agency in the host member state and the facilities to be made available by that state , as well as the specific rules applicable in the agency ' s host member state to the executive director , the members of the management board , staff of the agency and members of their families shall be laid down in a headquarters agreement between the agency and the host member state concluded after obtaining the approval of the management board . the agency ' s host member state should provide the best possible conditions to ensure proper functioning of the agency , including multilingual , european - oriented schooling and appropriate transport connections . ### the necessary arrangements concerning the accommodation to be provided for the agency in the host member state and the facilities to be made available by that state , as well as specific rules aiming at ensuring the agency ' s attractiveness to staff , applicable in the agency ' s host member state to the executive director , the members of the management board , staff of the agency and members of their families shall be laid down in a headquarters agreement between the agency and the host member state concluded after obtaining the approval of the management board . the agency ' s host member state should provide the best possible conditions to ensure proper functioning of the agency , including multilingual , european - oriented schooling and appropriate transport connections .


### the necessary arrangements concerning the accommodation to be provided for the agency in the host member state and the facilities to be made available by that state , as well as the specific rules applicable in the agency ' s host member state to the executive director , the members of the management board , staff of the agency and members of their families , shall be laid down in a headquarters agreement between the agency and the host member state concluded after obtaining the approval of the management board . the agency ' s host member state should provide the best possible conditions to ensure proper functioning of the agency , including multilingual , european - oriented schooling and appropriate transport connections . ### the necessary arrangements concerning the accommodation to be provided for the agency in the host member state and the facilities to be made available by that state , as well as specific rules aimed at ensuring good conditions for staff , applicable in the agency ' s host member state to the executive director , the members of the management board , staff of the agency and members of their families , shall be laid down in a headquarters agreement between the agency and the host member state concluded after obtaining the approval of the management board . the agency ' s host member state should provide the best possible conditions to ensure proper functioning of the agency , including multilingual , european - oriented schooling and appropriate transport connections .


### written answers to requests for information of a member of the general public . ### written and oral answers , provided that the latter are duly recorded , to requests for information from a member of the general public . these answers shall in all cases correspond to the package leaflet or technical summary for the authorised medicinal product and shall refer the requestor to the member state ' s health authority and to medical or pharmaceutical healthcare staff , giving an explicit indication in the answer that it is no substitute for mandatory intervention by the above healthcare professionals . furthermore , all these written and oral answers shall also be forwarded to the competent health authorities in the member state for periodic supervision .


### internet websites on medicinal products , to the exclusion of unsolicited material actively distributed to the general public or members thereof ; ### internet websites on medicinal products , explicitly authorised and regarded as such by the member state , to the exclusion of unsolicited material actively distributed to the general public or members thereof ; for this purpose , the member states shall establish a system for authorising , supervising and monitoring internet sites which may present the information referred to in this article . furthermore , an early warning system shall be set up among the member states to combat internet sites which violate the provisions of this directive ;


### internet websites registered in accordance with paragraph 1 shall not allow the identification of members of the general public which have access to those websites or the appearance therein of unsolicited material actively distributed to the general public or members thereof . those websites shall not contain web - tv . ### internet websites registered in accordance with paragraph 1 shall not allow the identification of members of the general public which have access to those websites or the appearance therein of unsolicited material actively distributed to the general public or members thereof . those websites shall not contain web - tv , podcasts , video streaming or any other digital information format not strictly authorised in accordance with this directive and supervised by the member state .


### health - related publications as defined by the member state of publication , to the exclusion of unsolicited material actively distributed to the general public or members thereof ; ### written health - related publications as defined by the member state of publication , to the exclusion of unsolicited material actively distributed to the general public or members thereof ; health - related publications shall mean those certified as such by the member state , so that consumers can clearly identify those publications as having been endorsed and authorised by the member state ;


### the competent authority cannot always perform all the activities required to be carried out by it under this regulation due to the limited resources . for that reason it is necessary to provide a legal basis for the delegation of the performance of those activities to veterinarians . in order to ensure that the necessary conditions are laid down for the general application of disease prevention and control measures across the union , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect to the delegation of the performance of those activities to veterinarians and their appropriate training . ### the competent authority cannot always perform all the activities required to be carried out by it under this regulation due to the limited resources . for that reason it is necessary to provide a legal basis for the delegation of the performance of those activities to veterinarians , as well as to competent professional organisations . in order to ensure that the necessary conditions are laid down for the general application of disease prevention and control measures across the union , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect to the delegation of the performance of those activities to veterinarians and their appropriate training .


### where there are reasonable grounds to suspect that animals or products may present a risk , the competent authority shall take appropriate steps to inform the general public of the nature of the risk and the measures which are taken or about to be taken to prevent or control that risk , taking into account the nature , seriousness and extent of that risk and the public interest in being informed . ### where measures are required with respect to the probable outbreak of a disease , the competent authority shall take appropriate steps to inform the general public of the nature of the risk and the measures which are taken or about to be taken to prevent or control that risk , taking into account the nature , seriousness and extent of that risk and the public interest in being informed .


### member states shall support operators and animal professionals in acquiring , maintaining and developing the basic knowledge of animal health provided for in article 10 through relevant programmes in agricultural or aquaculture sectors or formal education . ### where necessary , member states shall assist operators and animal professionals in acquiring , maintaining and developing the basic knowledge of animal health provided for in article 10 , as required by the activities they are performing .


### the commission shall be empowered to adopt delegated acts in accordance with article 253 , concerning : ### the member states shall inform the commission of the activities they have delegated and the conditions and requirements governing the type of delegation concerned .


### ' wild animals ' means animals which are not kept animals ; ### ' wild animals ' means animals which are neither kept animals nor non - kept animals of domesticated species ;


### take appropriate biosecurity measures , taking into account the risks involved , to ensure the health of those kept animals and products and to prevent the introduction into , development and multiplication within and spread between and from such kept animals and products under their responsibility of diseases , except where that is specifically authorised for scientific purposes , as appropriate for : ### take general biosecurity measures as set out in best practice guides ;


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


### member states which are not free or not known to be free from one or more of the listed diseases referred to in article 8 and which decide to establish a programme for the eradication of that listed disease to be carried out in the animal populations concerned by it and covering the relevant parts of their territory or zones or compartments thereof shall submit it to the commission for approval . ### member states which are not free or not known to be free from one or more of the listed diseases that do not come under article 8 and which decide to establish a programme for the eradication of that listed disease to be carried out in the animal populations concerned by it and covering the relevant parts of their territory or zones or compartments thereof shall submit it to the commission for information purposes and shall compile a report pursuant to article 33 on the progress and completion of the programme .


### transporters of aquaculture animals and wild aquatic animals intended for aquaculture shall keep up - to date records on : ### transporters of aquaculture animals and wild aquatic animals intended for aquaculture or for release in a natural environment in order to replenish wild stocks shall keep up - to date records on :


### the commission may , by means of implementing acts lay down rules concerning the disease prevention and control measures provided for in paragraph 1 of this article and the rules adopted pursuant to paragraph 2 thereof . ### without prejudice to regulation no 576 / 2013 on the non - commercial movement of pet animals1a , the commission may , by means of implementing acts , lay down rules concerning the disease prevention and control measures in accordance with the provisions of paragraph 2 of this article . __________________ 1a oj l 178 , 28 . 6 . 2013 , p . 1 .


### the specific nature of movements of pet animals represents an animal health risk which deviates significantly from that of other kept animals . specific rules for such movements should therefore be laid down in this regulation . in order to ensure that pet animals do not pose a significant risk for the spread of transmissible animal diseases , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the detailed rules for movements of those animals . in order to ensure uniform conditions for the implementation of the animal health requirements laid down in this regulation concerning the movements of pet animals , implementing powers should be conferred on the commission to lay down rules concerning the disease prevention and control measures to be taken for such movements . ### the specific nature of movements of pet animals represents an animal health risk which deviates significantly from that of other kept animals . such movements should therefore continue to be governed by the provisions already adopted . this will ensure that pet animals do not pose a significant risk for the spread of transmissible animal diseases . the power to adopt rules concerning the disease prevention and control measures to be taken for such movements should be conferred on the commission .


### the impact of transmissible animal diseases and the measures necessary to control these diseases can be devastating for individual animals , animal populations , animal keepers and the economy . ### the impact of transmissible animal diseases and the measures necessary to control these diseases can be devastating for individual animals , animal populations , animal owners and keepers and the economy .


### operators and animal professionals shall acquire knowledge of : ### operators , animal professionals and pet keepers shall acquire knowledge of :


### this regulation lays down rules for the prevention and control of animal diseases , which are transmissible to animals or to humans . ### this regulation lays down : rules for the prevention and control of animal diseases , which are transmissible to animals or to humans , the instruments and arrangements for moving towards the declaration of disease - free zones , the prioritising of actions and the attribution of responsibilities in the field of animal health and puts into practice the ' one health ' approach establishing a new paradigm for the relationship between animals , humans and the environment .


### the welfare of affected subpopulations of kept and wild animals ; ### the welfare of affected subpopulations of kept animals , non - kept animals of domesticated species and wild animals ;


### ' outbreak ' means one or more cases in an establishment , household or other place where animals are kept or located ; ### ) ' outbreak ' means one or more cases in an establishment or other place where animals are kept or located ;


### a veterinarian of abnormal mortalities and other serious disease signs or significant decreased production rates with an undetermined cause in animals for further investigation , including sampling for laboratory examination when the situation so warrants . ### a veterinarian of abnormal mortalities and other serious transmissible disease signs or significant decreased production rates with an undetermined cause in animals for further investigation , including sampling for laboratory examination when the situation so warrants .


### the surveillance shall be designed to ensure the timely detection of the presence of the listed diseases referred to in article 8 and emerging diseases by collecting , collating and analysing relevant information relating to the disease situation . ### the surveillance shall be designed to ensure the timely detection of the presence of the listed diseases referred to in article 8 and emerging diseases by collecting , collating and analysing relevant information relating to the disease situation . this surveillance shall complement and be based on the surveillance carried out by operators both on an individual basis and in the framework of collective voluntary programmes .


### operators , animal professionals and pet keepers working with animals are in the best position to observe and ensure the health of the animals and products under their responsibility . they should therefore hold primary responsibility for carrying out measures for the prevention and control of the spread of diseases among animals and products under their responsibility . ### operators , animal professionals and pet keepers working with animals are in the best position to observe and ensure the health of the animals and products under their responsibility . they should therefore hold primary responsibility for carrying out measures for the prevention and control of the spread of diseases among animals and products under their responsibility , and should work individually and collectively to improve animal health practices .


### kept and wild animals ; ### kept , non - kept and wild animals ;


### there shall be efficient cooperation and exchange of information among the market surveillance authorities of the member states , among the different authorities within each member state and between market surveillance authorities and the commission and the relevant union agencies regarding market surveillance programmes and all issues relating to products presenting a risk . ### there shall be efficient cooperation and exchange of information among the market surveillance authorities of the member states , among the different authorities within each member state and between market surveillance authorities and the commission and the relevant union agencies regarding market surveillance programmes and all issues relating to products presenting a risk , whether it be connected to the product ' s origin or its components . the member states shall ensure that these procedures are fully consistent with the union ' s external border management .


### market surveillance authorities may cooperate with the competent authorities of third countries with a view to exchanging information and technical support , promoting and facilitating access to union information exchange systems including the rapex system in accordance with article 19 , and promoting activities relating to conformity assessment and market surveillance . ### where necessary , market surveillance authorities shall cooperate with the competent authorities of third countries with a view to exchanging information and technical support , promoting and facilitating access to union information exchange systems including the rapex system in accordance with article 19 , and promoting activities relating to conformity assessment and market surveillance .


### in order to guarantee the free movement of products within the union , it is necessary to ensure that they fulfil requirements providing a high level of protection of public interests such as health and safety in general , health and safety in the workplace , protection of consumers , protection of the environment and public security . robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the union goods market can thrive . rules are therefore necessary on market surveillance and on controls of products entering the union from third countries . ### in order to guarantee the free movement of products within the union , it is necessary to ensure that they fulfil requirements providing a high level of protection of public interests such as health and safety in general , health and safety in the workplace , protection of consumers , protection of intellectual property , protection of the environment and public security . robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the union goods market can thrive . rules are therefore necessary on market surveillance and on controls of products entering the union from third countries .


### the transit measures as established by this regulation will not apply to temporary exports . ### the transit measures as established by this regulation will not apply to temporary exports for verifiable lawful purposes , including hunting , sport shooting , evaluation , exhibitions and repair .


### ‘ parts and essential components’ means any element or replacement element specifically designed for a firearm and essential to its operation , including a barrel , frame or receiver , slide or cylinder , bolt or breech block , and any device designed or adapted to diminish the sound caused by firing a firearm . ‘ essential component’ means the breach - closing mechanism , the chamber and the barrel of a firearm which , being separate objects , are included in the category of the firearms on which they are or are intended to be mounted ; ### ‘ parts’ means any element or replacement element specifically designed for a firearm and essential to its operation , including a barrel , frame or receiver , slide or cylinder , bolt or breech block , and any device designed or adapted to diminish the sound caused by firing a firearm ;


### member states may decide to make use of electronic documents for the purpose of processing the requests for authorisation . ### member states may encourage greater use of information and communications technology with a view to improving competitiveness and making the system more efficient . in particular , they may decide to make use of electronic documents for the purpose of processing requests for authorisation .


### the period of validity of an export or a multiple export authorisation shall be decided by the member states , but shall not be less than twelve months . ### the period of validity of an export authorisation shall be decided by the member states . the period of validity shall not be less than twelve months and , in the case of multiple shipments , shall not be less than eighteen months .


### the member states shall process requests for exports authorization or multiple export authorization within a period of time to be determined by national law or practice , which in all cases shall not exceed ninety working days . ### the member states shall process requests for exports authorization or multiple export authorization within a period of time to be determined by national law or practice , which in all cases shall not exceed sixty working days .


### refuse to grant an export or a multiple export authorisation if the natural or legal person applying for such authorisation has any previous criminal records concerning illicit trafficking in firearms , their parts and essential components or ammunition , or to other serious crimes ; ### refuse to grant an export or a multiple export authorisation if the natural or legal person applying for such authorisation has any previous criminal records concerning illicit trafficking in firearms , their parts and essential components or ammunition , or to the offences listed in article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedures between member states1 ; ________ 1 oj l 190 of 18 . 7 . 2002 , p . 1 .


### a description and the quantity of the firearms , their parts and components and ammunition , including the marking applied to the firearms . ### a description and the quantity of the firearms , their parts and essential components and ammunition , including the marking applied to the firearms .


### the period of validity of an export or a multiple export authorisation shall be decided by the member states , but shall not be less than twelve months . ### the period of validity of an export authorisation decided by the member states shall not be less than 12 months and the period of validity of a multiple export authorisation shall not be less than 24 months .


### ‘ multiple export authorisation’ means an authorisation granted to one specific exporter for multiple shipments to the same end user or consignee in a third country and covering one or more firearms , their parts and components and ammunition ; ### ‘ multiple export authorisation’ means an authorisation granted to one specific exporter for multiple shipments to the same end user or consignee in a third country and covering one or more firearms , their parts and essential components and ammunition ;


### where the commission has adopted a delegated act in accordance with article 308b , article 35 shall not apply for a maximum period of five years from the date referred to in the first sub - paragraph of article 309 . ### between 1 january 2013 and 31 december 2013 insurance and reinsurance undertakings and supervisors shall take all measures necessary to comply as of 1 january 2014 with the national laws , regulations and administrative provisions implementing this directive .


### the single safety certificate shall be granted by the agency on the basis of the evidence that the railway undertaking has established its safety management system in accordance with article 9 and meets the requirements laid down in tsis and in other relevant legislation in order to control risks and provide transport services safely on the network . ### before any new service gets under way , a single safety certificate shall be granted by the agency on the basis of the evidence that the railway undertaking has put in place its safety management system in accordance with article 9 and meets the requirements laid down in tsis , in other relevant legislation and in the rules specific to the system in order to control risks and provide transport services safely on the network .


### member states and the agency shall ensure that railway safety is generally maintained and , where reasonably practicable , continuously improved , taking into consideration the development of union legislation and technical and scientific progress and giving priority to the prevention of serious accidents . ### member states and the agency shall ensure , each within their respective fields of responsibility , that railway safety is maintained and , where practicable , continuously improved , taking into consideration the development of union legislation and technical and scientific progress and giving priority to the prevention of serious accidents . the commission may request the agency to deliver ad hoc technical opinions .