### in order to ascertain that a shipment is destined for recovery operations which are in accordance with article 49 , the competent authority may in cases of a suspected illegal shipment require the person in charge of the shipment to submit a contract , letter or other document signed by the recovery facility specifying the waste treatment methods , technologies and standards applied by the recovery facility in the country of destination . ' ### in order to ascertain that a shipment is destined for recovery operations which are in accordance with article 49 , the competent authority may in cases of a suspected illegal shipment require the person organising the shipment , the notifier , transporter , trader or broker to submit a contract , letter or other document signed either by the final recovery facility or by the interim storage or recovery facility in the case of waste listed in annex iii to this regulation specifying the waste treatment methods , technologies and standards applied by the recovery facility in the country of destination .


### the commission may adopt guidelines for the application of article 12 of the regulation ; guidelines on the application of article 15 of the regulation ; guidelines for the cooperation of competent authorities with regard to illegal shipments ; further guidance concerning the use of languages ; further clarification of the procedural requirements of title ii of the regulation as regards their application to exports , imports and transit of waste from , to and through the community . ### the commission should adopt guidelines for methods for calculating the financial guarantee or equivalent insurance as set out in article 6 of regulation no 1013 / 2006 , the application of article 12 of the regulation , guidelines on the application of article 15 of the regulation , guidelines for the cooperation of competent authorities with regard to illegal shipments , further guidance concerning the use of languages and further clarification of the procedural requirements of title ii of the regulation as regards their application to exports , imports and transit of waste from , to and through the community , guidelines on what constitutes effective , proportionate and dissuasive penalties as referred to in article 50 of regulation no 1013 / 2006 and guidelines on how to conduct a risk assessment pursuant to article 50 point of regulation no 1013 / 2006 .


### information on the numbers and types of planned inspections concerning waste sites , road and railway transports and consignments in ports ; ### information on the numbers and types of planned inspections concerning establishments and undertakings in accordance with article 34 of directive 2008 / 98 / ec , waste sites , road , air , waterway and railway transports and consignments in ports , including the number of planned physical checks of facilities and waste shipments ;


### in order to ascertain that a shipment is destined for recovery operations which are in accordance with article 49 , the competent authority may in cases of a suspected illegal shipment require the person in charge of the shipment to submit a contract , letter or other document signed by the recovery facility specifying the waste treatment methods , technologies and standards applied by the recovery facility in the country of destination . ### in order to ascertain that a shipment is destined for recovery operations which are in accordance with article 49 , the relevant authorities may require the holder , the notifier or the legal representative of the consignee to submit a contract , letter or other document signed by the recovery facility specifying the waste treatment methods , technologies and standards applied by the recovery facility in the country of destination . the relevant authorities may require that this contract , letter or other document is approved by the competent authority of destination . for shipments of waste listed in annex iii to this regulation , the contract , letter or other document shall indicate whether the recovery facility is the final recovery facility or an interim storage or recovery facility . when the shipment of waste listed in annex iii is destined to an interim storage or recovery facility , the relevant authorities may require the holder , the notifier or the legal representative of the consignee to submit a contract , letter or other document signed by the interim storage or recovery facility that it will only ship the waste to facilities that can demonstrate that the waste will be managed in an environmentally sound manner in accordance with article 49 throughout the period of the shipment , including the final recovery . the relevant authorities may require that this contract , letter or other document is approved by the competent authority of destination .


### the plans shall be reviewed at least annually and , where appropriate , updated . the review shall evaluate to which extent the objectives and other elements of the plans have been implemented . ### the plans shall be reviewed at least once every three years and , where appropriate , updated . the review shall evaluate to which extent the objectives and other elements of the plans have been implemented . the commission may adopt an implementing act defining the elements of the risk assessment referred to in this article .


### strategy and objectives for waste shipment inspections referring to the necessary human , financial and other resources ; ### strategy , objectives and priorities for waste shipment inspections ;


### a risk assessment covering specific waste streams and sources of illegal shipments , and considering intelligence - based data , such as police investigations and analyses of criminal activities ; ### a risk assessment covering specific waste streams and sources of illegal shipments ;


### a substantial part of the coastal vessels fishing for salmon are below 10 m in length . for this reason the use of fishing logbook as requested by article 14 and prior notification as requested by article 17 of regulation 1224 / 2009 should be extended to cover all vessels . ### a substantial part of the coastal vessels fishing for salmon are below 10 m in length . for this reason the use of fishing logbook as requested by article 14 and prior notification as requested by article 17 of regulation 1224 / 2009 should be extended to cover all commercial fishing vessels and service vessels used for angling and other types of fishing .


### stocking shall be conducted in a way that safeguards the genetic diversity of the different salmon river stocks taking into account existing fish communities in the stocked river and in neighbouring rivers while maximising the effect of stocking . ### stocking shall be conducted in a way that safeguards the genetic diversity of the different salmon river stocks taking into account existing fish communities in the stocked river and in neighbouring rivers while maximising the effect of stocking . smolt shall originate from the nearest possible wild salmon river .


### compliance with the rules on quota uptake , activity authorisation and catch declaration by service vessels ; ### compliance with the rules on quota uptake , activity authorisation and catch declaration by service vessels and recreational fisheries using all types of gear ;


### by way of derogation from article 14 of regulation 1224 / 2009 masters of european union fishing vessels of all length holding a fishing authorisation for salmon shall keep a logbook of their operations in accordance with the rules set in article 14 of regulation no 1224 / 2009 . ### by way of derogation from article 14 of regulation 1224 / 2009 masters of european union fishing vessels of all length holding a fishing authorisation for salmon , as well as masters of european union commercial fishing vessels and service vessels used for angling and other types of fishing , shall keep a logbook of their operations in accordance with the rules set in article 14 of regulation no 1224 / 2009 .


### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . the burden of proving for the existence of a viable alternative lies with the operator of the service facility . ### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . when refusing access to its service facility , the operator of the service facility shall be required to justify its refusal in writing .


### an efficient freight sector , especially across borders , requires action to open up the market . ### an efficient passenger and freight sector , especially across borders , requires action to open up the markets in the individual member states .


### member states shall ensure that the functions determining equitable and non - discriminatory access to infrastructure , listed in annex ii , are entrusted to bodies or firms that do not themselves provide any rail transport services . regardless of organisational structure , this objective must be shown to have been achieved . ### in order to guarantee equitable and non - discriminatory access to railway infrastructure , member states shall ensure that the infrastructure manager as defined by article 3 is independent at least according to the criteria laid down in annex i a . regardless of organisational structure , this objective must be shown to have been achieved .


### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . the burden of proving for the existence of a viable alternative lies with the operator of the service facility . ### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . when refusing access to its service facility , the operator of the service facility shall be required to prove the existence of an economically and technically viable alternative , to which the applicant can switch without a material increase in its costs , and shall justify its refusal in writing .


### the regulatory body shall also have the power to monitor the competition in the rail services markets and review points to of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants . it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . the regulatory body shall have the necessary organisational capacity to carry out these tasks . ### the regulatory body shall also have the power to monitor the competition in the rail services markets and review points to of paragraph 1 with a view to preventing discrimination between applicants . it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . the regulatory body shall have the necessary organisational capacity to carry out these tasks .


### regulatory body ### national regulatory bodies


### regulatory bodies shall develop common principles and practices for making decisions for which they are empowered under this directive . the commission may adopt implementing measures setting out such common principles and practices . those measures designed to ensure the implementation of this directive under uniform conditions shall be adopted as implementing acts in accordance with article 63 . ### the network of regulatory bodies established pursuant to paragraph 1 shall develop common principles and practices for making decisions for which they are empowered under this directive . the commission may adopt and supplement such common principles and practices in accordance with the procedure referred to in article 60 .


### the national regulatory bodies shall exchange information about their work and decision - making principles and practice and otherwise cooperate&#160 ; for the purpose of coordinating their decision - making across the union . for this purpose they shall work together in a working group that convenes at regular intervals . the commission shall support the regulatory bodies&#160 ; in this task . ### the national regulatory bodies shall formally establish a network in order to exchange information about their work and decision - making principles and practice with a view to coordinating and harmonising them within the union . for this purpose , and to pursue their networking activities , they shall hold regular meetings on the initiative of , and chaired by , the european commission .


### in this context , the commission shall closely involve representatives of the member states and of the sectors concerned in its work , including users , so that they are able better to monitor the development of the railway sector and the evolution of the market , to assess the effect of the measures adopted and to analyse the impact of the measures planned by the commission . ### in this context , the commission shall closely involve representatives of the member states , of the regulatory bodies , of the railway undertakings concerned and of the sectors concerned in its work , including users , so that they are able better to monitor the development of the railway sector and the evolution of the market , to assess the effect of the measures adopted and to analyse the impact of the measures planned by the commission .


### member states shall ensure that the functions determining equitable and non - discriminatory access to infrastructure , listed in annex ii , are entrusted to bodies or firms that do not themselves provide any rail transport services . regardless of organisational structure , this objective must be shown to have been achieved . ### member states shall ensure that the functions determining equitable and non - discriminatory access to infrastructure , listed in annex ii , are entrusted to bodies or firms that do not themselves provide any rail transport services . regardless of the organisational structure of these bodies or firms , this objective must be shown to have been achieved . the regulatory body shall ensure the proper application of these principles in accordance with the arrangements set out in article 56 .


### the regulatory body shall also have the power to monitor the competition in the rail services markets and review points to of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants . it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . the regulatory body shall have the necessary organisational capacity to carry out these tasks . ### the regulatory body shall also have the power to monitor the competition in the rail services markets and review points to of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants . it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . the regulatory body shall have sufficient organisational capacity to carry out these tasks in the light of the size of the network , the volume of traffic and the number of operators .


### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . the burden of proving for the existence of a viable alternative lies with the operator of the service facility . ### requests by railway undertakings for access to the service facility defined in article 3 may only be rejected if there are viable alternatives under market conditions or if , upon referral and examination , the regulator referred to in article 55 considers that there is a valid reason for the operator of the service to refuse access to the service requested . if the operator challenges the decision by the regulatory authority , it has the right to provide its grounds for refusing access .


### in order to ensure fair competition between railway undertakings , a distinction should be made between the provision of transport services and the operation of service facilities . given this situation , it is necessary for these two types of activity to be managed independently in distinct legal entities . such independence need not imply the establishment of separate body or firm for each service facility . ### in order to ensure fair competition between railway undertakings , the provision of transport services and the operation of service facilities should be managed in a transparent and non - discriminatory manner . the regulatory body shall ensure that this management is transparent and non - discriminatory in accordance with the procedures laid down in article 56 .


### the commission may adopt implementing measures setting out the details of the procedure to be followed for the application of this article including the use of a common template for the licence . those measures , designed to ensure the implementation of this directive under uniform conditions shall be adopted as implementing acts in accordance with article 63 . ### the commission shall adopt implementing measures setting out the details of the procedure to be followed for the application of this article including the use of a common template for the licence . those measures , designed to ensure the implementation of this directive under uniform conditions shall be adopted as implementing acts in accordance with article 63 .


### having due regard to articles 93 , 107 and 108 of the treaty , member states may also provide the infrastructure manager with financing consistent with its tasks , the size of the infrastructure and financial requirements , in particular in order to cover new investments . ### whenever revenues are not sufficient to cover the financing needs of the infrastructure manager , without prejudice to the charging framework of articles 31 and 32 , and having due regard to articles 93 , 107 and 108 of the treaty , member states shall also provide the infrastructure manager with financing consistent with its tasks , the size of the infrastructure and financial requirements , in particular in order to cover new investments .


### when charging for the cost of noise effects is allowed by union legislation for road freight transport , the infrastructure charges shall be modified to take account of the cost of noise effects caused by the operation of the train in accordance with annex viii , point 2 . ### when charging for the cost of noise effects is allowed by union legislation for road freight transport , the infrastructure charges may be modified to take account of the cost of noise effects caused by the operation of the train .


### draft legislative resolution ### whereas the national regulatory body must be an independent regulatory authority with the power to take up matters on its own initiative and to undertake investigations , and capable of issuing opinions and enforceable decisions with a view to ensuring an open market without barriers in which competition is exercised freely and without distortion ,


### any provisions contained in cross - border agreements between member states which discriminate between railway undertakings , or which restrict the freedom of railway undertakings to operate cross - border services are hereby superseded . ### member states should ensure that the cross - border agreements they conclude do not discriminate against certain railway undertakings or constitute restrictions on the freedom of railway undertakings to operate cross - border services .


### the services referred to in annex iii , point 2 , shall be supplied by all operators of service facilities in a non - discriminatory manner . ### the services referred to in annex iii , point 2 , shall be supplied by operators of service facilities to railway undertakings in a non - discriminatory manner , subject to supervision by the regulatory authority .


### member states shall ensure that representatives of infrastructure managers whose allocation decisions have an impact on other infrastructure managers associate in order to coordinate the allocation of or to allocate all relevant infrastructure capacity at an international level , without prejudice to the specific rules contained in union legislation on rail freight oriented networks . appropriate representatives of infrastructure managers from third countries may be associated with these procedures . ### member states shall ensure that representatives of infrastructure managers whose allocation decisions have an impact on other infrastructure managers associate in order to coordinate the allocation of or to allocate all relevant infrastructure capacity at an international level , without prejudice to the specific rules contained in union legislation on rail freight oriented networks . the participants in this cooperation shall ensure that its membership , methods of operation and all relevant criteria which are used for assessing and allocating infrastructure capacity be made publicly available . appropriate representatives of infrastructure managers from third countries may be associated with these procedures .


### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or foreseen in the next five years . ### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or to be proposed in the next five years . it must specify the financial compensation arrangements to be applied in the event of delay , a deterioration in quality , or withdrawal of allocated train paths .


### a railway undertaking should also be required to comply with national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with due regard to health , social conditions and the rights of workers and consumers on specific stretches of track . ### all railway undertakings should also be required to comply with both national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with full regard to existing obligations in relation to social conditions , health and the rights of workers and consumers on specific stretches of track .


### cooperation between regulatory bodies ### cooperation between regulatory bodies and powers of the commission


### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation . ### when the operator of this service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to check whether the request has been refused without any valid reason and , if so , to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however , if new maintenance and other technical facilities are developed for specific new rolling stock as part of a public service contract under regulation no 1370 / 2007 , priority use of these may be reserved for the contracting operator for the duration of the contract , as this is necessary for the provision of the public service . in other cases , these facilities may be reserved to the use of one railway undertaking for a period of ten years from the start of their operation . however , all excess capacity must be accessible to all other rail operators , subject to control by the regulatory body .


### the national regulatory bodies should exchange information and , where relevant in individual cases , coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised . they should progressively develop guidelines based on their experience . ### the national regulatory bodies should exchange information and , under the auspices of the commission and the european railway agency , establish a network to strengthen their communication and cooperation with a view to developing common principles . in certain cases they should also coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised . they should progressively develop common european guidelines based on their experience .


### any charging scheme will send economic signals to users . it is important that those signals to railway undertakings should be consistent and lead them to make rational decisions . ### any charging scheme will send economic signals to users . it is important that those signals to railway undertakings should be consistent and clear and lead them to make rational and sustainable decisions .


### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . the burden of proving for the existence of a viable alternative lies with the operator of the service facility . ### a request by a railway undertaking for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . if a request is rejected , the operator of the service facility shall be required to justify that decision to the requestor and the regulatory body . the regulatory body shall examine the reasons given and , if necessary , take corrective action . article 56 shall apply to decisions by the regulatory body .


### the president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence . they shall be selected from among persons who have had no professional position or responsibility , interest or business relationship , directly or indirectly , with the regulated undertakings or entities for a period of three years before their appointment , and during their term of office . afterwards , they shall have no professional position or responsibility , interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years . they shall have full authority over the recruitment and management of the staff of the regulatory body . ### the president and governing board of the regulatory body for the railway sector shall be appointed jointly by the national parliament , administrative and / or ordinary courts , and national consultative assemblies , with no possibility of dismissal , for a fixed and renewable term under clear rules which guarantee independence . they shall be selected from among persons who have had no professional position or responsibility , interest or business relationship , directly or indirectly , with the regulated undertakings or entities for a period of three years before their appointment , and during their term of office . afterwards , they shall have no professional position or responsibility , interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years . they shall have full authority over the recruitment and management of the staff of the regulatory body .


### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation . ### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall assess whether the facility is essential for the provision of the transport service and , where necessary , on its own initiative or on the basis of a complaint take appropriate action to ascertain whether a request was rejected without good reason and , should this be the case , shall ensure that an appropriate part of the capacity that can be made available is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation .


### network - wide overhead costs , including salaries and pensions ; ### network - wide overhead costs ;


### ‘ regional services’ means transport services operated to meet the transport needs of a region ; ### ‘ regional services’ means transport services operated to meet the transport needs of one or more regions of a member state or of border regions between two member states ;


### the president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence . they shall be selected from among persons who have had no professional position or responsibility , interest or business relationship , directly or indirectly , with the regulated undertakings or entities for a period of three years before their appointment , and during their term of office . afterwards , they shall have no professional position or responsibility , interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years . they shall have full authority over the recruitment and management of the staff of the regulatory body . ### the president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence . they must act entirely independently of market interests in the rail sector and may under no circumstances be influenced by instructions from a government or a private or public undertaking . after their term of office , they shall have no professional position or responsibility , interest or business relationship with any of the regulated undertakings or entities for a reasonable period . they shall have full authority over the recruitment and management of the staff of the regulatory body .


### trains equipped with the european train control system running on lines equipped with national command control and signalling systems shall enjoy a temporary reduction of the infrastructure charge in accordance with annex viii , point 5 . ### trains equipped with the european train control system running on lines equipped with national command control and signalling systems shall enjoy a temporary reduction of the infrastructure charge on lines covered by the european deployment plan on which ertms is installed .


### regional , urban and suburban services as well as transport activities in the form of shuttle services through the channel tunnel should be excluded from the scope of this directive . ### regional , urban and suburban services as well as transport activities through the channel tunnel should be excluded from the scope of this directive .


### regulatory bodies shall develop common principles and practices for making decisions for which they are empowered under this directive . the commission may adopt implementing measures setting out such common principles and practices . those measures designed to ensure the implementation of this directive under uniform conditions shall be adopted as implementing acts in accordance with article 63 . ### the network of regulatory bodies established pursuant to paragraph 1 shall develop common principles and practices for making decisions for which they are empowered under this directive . the commission may adopt and supplement such common principles and practices in accordance with the procedure referred to in article 60 .


### the president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence . they shall be selected from among persons who have had no professional position or responsibility , interest or business relationship , directly or indirectly , with the regulated undertakings or entities for a period of three years before their appointment , and during their term of office . afterwards , they shall have no professional position or responsibility , interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years . they shall have full authority over the recruitment and management of the staff of the regulatory body . ### the president and governing board of the regulatory body for the railway sector shall be appointed by the national parliament for a fixed and renewable term under clear rules which guarantee independence . they shall be selected from among persons who have had no professional position or responsibility , interest or business relationship , directly or indirectly , with the regulated undertakings or entities for a reasonable period before their appointment , and explicitly stating it by an appropriate declaration of interest during their term of office . afterwards , they shall have no professional position or responsibility , interest or business relationship with any of the regulated undertakings or entities for a reasonable period . they shall have full authority over the recruitment and management of the staff of the regulatory body according to national laws .


### the national regulatory bodies shall exchange information about their work and decision - making principles and practice and otherwise cooperate&#160 ; for the purpose of coordinating their decision - making across the union . for this purpose they shall work together in a working group that convenes at regular intervals . the commission shall support the regulatory bodies&#160 ; in this task . ### the national regulatory bodies shall formally establish a network in order to exchange information about their work and decision - making principles and practice with a view to coordinating and harmonising them within the union . for this purpose , and to pursue their networking activities , they shall hold regular meetings on the initiative of , and chaired by , the european commission .


### opening up international passenger services to competition may have implications for the organisation and financing of rail passenger services provided under a public service contract . member states should have the option of limiting the right of access to the market where this right would compromise the economic equilibrium of these public service contracts and where approval is given by the relevant regulatory body referred to in article 55 of this directive on the basis of an objective economic analysis , following a request from the competent authorities that awarded the public service contract . ### opening up international and national passenger services to competition may have implications for the organisation and financing of rail passenger services provided under a public service contract . member states should have the option of limiting the right of access to the market where this right would compromise the economic equilibrium of these public service contracts and where approval is given by the relevant regulatory body referred to in article 55 and , where applicable , the network of regulatory bodies as defined in article 57 of this directive on the basis of an objective economic analysis , following a request from the competent authorities that awarded the public service contract .


### when the provisions of chapter iv , sections 2 and 3 refer to essential functions of an infrastructure manager , they shall be understood as applying to the charging body or the allocation body for their respective competencies . ### by the date of transposition of this directive , member states shall report to the commission on how the obligations of annex i a have been implemented . the commission shall then report to the european parliament and to the council on this implementation .


### member states shall ensure that the functions determining equitable and non - discriminatory access to infrastructure , listed in annex ii , are entrusted to bodies or firms that do not themselves provide any rail transport services . regardless of organisational structure , this objective must be shown to have been achieved . ### member states shall ensure that the functions determining equitable and non - discriminatory access to infrastructure , listed in annex ii , are entrusted to bodies or firms that do not themselves provide any rail transport services . regardless of the organisational structure of these bodies or firms , this objective must be shown to have been achieved . the regulatory body shall ensure the proper application of these principles in accordance with the arrangements set out in article 56 .


### member states may require railway undertakings to be involved in assuring the enforcement and monitoring of their own compliance with the safety standards and rules . ### save in the case of force majeure , including urgent safety - critical work , a train path allocated to a freight operation pursuant to this article may not be cancelled less than two months before its scheduled time in the working timetable if the applicant concerned does not give its approval for such cancellation . in such a case the infrastructure manager concerned shall make an effort to propose to the applicant a train path of an equivalent quality and reliability which the applicant has the right to accept or refuse . if the applicant refuses , he shall be entitled at least to reimbursement of the corresponding charge .


### any provisions contained in cross - border agreements between member states which discriminate between railway undertakings , or which restrict the freedom of railway undertakings to operate cross - border services are hereby superseded . ### member states should ensure that the cross - border agreements they conclude do not discriminate against certain railway undertakings or constitute restrictions on the freedom of railway undertakings to operate cross - border services .


### the national regulatory bodies should exchange information and , where relevant in individual cases , coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised . they should progressively develop guidelines based on their experience . ### the national regulatory bodies should exchange information and best practices and , where relevant in individual cases , coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised . they should progressively develop guidelines based on their experience . on the basis of that experience , the commission should also put forward a proposal to establish a european regulatory body .


### functions of the regulatory body ### functions of national regulatory bodies


### the commission and representatives of the regulatory bodies , which co - operate according to article 57 , shall be informed of and invited to attend as observers all meetings at which common principles and practices for the allocation of infrastructure are developed . in the case of it - based allocation systems , the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of article 56 . ### the commission and representatives of the regulatory bodies , which co - operate according to article 57 , shall be informed of common principles and practices for the allocation of infrastructure . in the case of it - based allocation systems , the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of article 56 .


### the regulatory body shall also have the power to monitor the competition in the rail services markets and review points to of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants . it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . the regulatory body shall have the necessary organisational capacity to carry out these tasks . ### the regulatory body shall also have the power to monitor the competition in the rail services markets and review points to of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants . it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . the regulatory body shall have sufficient organisational capacity to carry out these tasks in the light of the size of the network , the volume of traffic and the number of operators .


### it is important to ensure better coordination of allocation schemes in order to improve the attractiveness of rail for traffic which uses the network of more than one infrastructure manager , in particular for international traffic . ### it is important to ensure better coordination of allocation schemes in order to improve the attractiveness of rail for traffic which uses the network of more than one infrastructure manager , in particular for international traffic . in that context , it would appear desirable ultimately to create a european regulatory body .


### a railway undertaking should also be required to comply with national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with due regard to health , social conditions and the rights of workers and consumers on specific stretches of track . ### all railway undertakings should also be required to comply with national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with due regard to existing obligations in relation to health , social conditions , and the rights of workers and consumers on specific stretches of track .


### the infrastructure manager shall , after consultation with the interested parties , including the regulatory body referred to in article 55 , &#160 ; develop and publish a network statement obtainable against payment of a fee which shall not exceed the cost of publication of&#160 ; that statement . the network statement shall be published in at least two official languages of the union . the content of the network statement shall be made available free of charge in electronic format through the web portal of the european railway agency . ### the infrastructure manager shall , after consultation with the interested parties , including the regulatory body referred to in article 55 , &#160 ; develop and publish a network statement obtainable against payment of a fee&#160 ; which shall not exceed the cost of publication of&#160 ; that statement . the network statement shall be published in at least the commission ' s three working languages . the content of the network statement shall be made available free of charge in electronic format through the web portal of the european railway agency .


### when the provisions of chapter iv , sections 2 and 3 refer to essential functions of an infrastructure manager , they shall be understood as applying to the charging body or the allocation body for their respective competencies . ### by the date of transposition of this directive , member states shall report to the commission on how the obligations of paragraphs 1 and 2 have been implemented . the commission shall then report to the european parliament and to the council on this implementation .


### in order to ensure the future development and efficient operation of the railway system , a distinction should be made between the provision of transport services and the operation of infrastructure . given this situation , it is necessary for these two activities to be managed separately and to have separate accounts . ### in order to ensure the future development and efficient operation of the railway system and non - discriminatory access to railway infrastructure , a clear and firm distinction should be made between the provision of transport services and the operation of infrastructure . given this situation , it is necessary for these two activities to be managed separately and to have separate accounts .


### the president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence . they shall be selected from among persons who have had no professional position or responsibility , interest or business relationship , directly or indirectly , with the regulated undertakings or entities for a period of three years before their appointment , and during their term of office . afterwards , they shall have no professional position or responsibility , interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years . they shall have full authority over the recruitment and management of the staff of the regulatory body . ### the president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence and shall be confirmed by the national parliament . they shall be selected from among persons who have had no professional position or responsibility , interest or business relationship , directly or indirectly , with the regulated undertakings or entities for a period of three years before their appointment , and during their term of office . afterwards , they shall have no professional position or responsibility , interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years . they shall have full authority over the recruitment and management of the staff of the regulatory body .


### the national regulatory bodies should exchange information and , where relevant in individual cases , coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised . they should progressively develop guidelines based on their experience . ### the national regulatory bodies should exchange information and , under the auspices of the commission and the european railway agency , establish a network to strengthen their communication and cooperation with a view to developing common principles . in certain cases they should also coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised . they should progressively develop common european guidelines based on their experience .


### the efficient management and fair and non - discriminatory use of rail infrastructure require the establishment of a regulatory body that oversees the application of the rules set out in this directive and act as an appeal body , notwithstanding the possibility of judicial review . ### the efficient management and fair and non - discriminatory use of rail infrastructure require the establishment of national regulatory bodies that oversee the application of the rules set out in this directive and act as an appeal body , notwithstanding the possibility of judicial review .


### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or foreseen in the next five years . ### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or to be proposed in the next five years . it must specify the financial compensation arrangements to be applied in the event of delay , a deterioration in quality , or withdrawal of allocated train paths .


### a railway undertaking should also be required to comply with national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with due regard to health , social conditions and the rights of workers and consumers on specific stretches of track . ### all railway undertakings should also be required to comply with both national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with full regard to existing obligations in relation to social conditions , health and the rights of workers and consumers on specific stretches of track .


### paragraphs 1 and 2 shall not apply to debts or interest due on such debts incurred by undertakings after 15 march 2001 or the date of accession to the union for member states which joined the union after 15 march 2001 . ### paragraphs 1 and 2 shall not apply to debts or interest due on such debts incurred by undertakings after the entry into force of this directive .


### in the case of a complaint or an own - initiative investigation on issues of access or charging relating to an international train path , as well as in the framework of monitoring competition on the market related to international rail transport services , the regulatory body concerned shall consult the regulatory bodies of all other member states through which the international train path concerned runs and request all necessary information from them before taking its decision . ### in the case of a complaint or an own - initiative investigation on issues of access or charging relating to an international train path , as well as in the framework of monitoring competition on the market related to international rail transport services , the regulatory body concerned shall notify the commission and consult the regulatory bodies of all other member states through which the international train path concerned runs and request all necessary information from them before taking its decision . regulatory bodies shall , on a quarterly basis , notify the commission of all complaints and own - initiative investigations on issues of access or charging relating to international rail services .


### when charging for the cost of noise effects is allowed by union legislation for road freight transport , the infrastructure charges shall be modified to take account of the cost of noise effects caused by the operation of the train in accordance with annex viii , point 2 . ### when charging for the cost of noise effects is allowed by national legislation for road freight transport in a member state , the infrastructure charges in the member state concerned shall be modified so as to take account of the cost of noise effects caused by the operation of the train in accordance with annex viii , point 2 .


### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation . ### when the operator of this service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to check whether the request has been refused without any valid reason and , if so , to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however , if new maintenance and other technical facilities are developed for specific new rolling stock as part of a public service contract under regulation no 1370 / 2007 , priority use of these may be reserved for the contracting operator for the duration of the contract , as this is necessary for the provision of the public service . in other cases , these facilities may be reserved to the use of one railway undertaking for a period of ten years from the start of their operation . however , all excess capacity must be accessible to all other rail operators , subject to control by the regulatory body .


### in the case of a complaint or an own - initiative investigation on issues of access or charging relating to an international train path , as well as in the framework of monitoring competition on the market related to international rail transport services , the regulatory body concerned shall consult the regulatory bodies of all other member states through which the international train path concerned runs and request all necessary information from them before taking its decision . ### in the case of a complaint or an own - initiative investigation on issues of access or charging relating to an international train path , as well as in the framework of monitoring competition on the market related to international rail transport services , the regulatory body concerned shall consult the regulatory bodies of all other member states through which the international train path concerned runs and request all necessary information from them before taking its decision . the network of regulatory bodies shall also deliver an opinion .


### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition . ### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition by preventing any potential anti - competitive outcomes for the benefit of eu citizens and consumers .


### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and of possible future needs for spectrum in the union , in particular in the range from 300 mhz to 3 ghz . ### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and identify future demand for spectrum in the union . as an initial step such inventory shall include frequencies in the range from 300 mhz to 3 ghz


### member states shall , by 1 january 2013 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where exceptional national or local circumstances would prevent the availability of the band , the commission may authorise specific derogations until 2015 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the spectrum below 1ghz and assess whether additional spectrum could be freed and made available for new applications . ### member states shall , by 1 january 2013 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where exceptional national or local circumstances would prevent the availability of the band , the commission should authorise specific derogations until the end of 2015 in response to a duly motivated application from the member state concerned . if cross - border frequency coordination problems with one or more third countries further prevent the availability of the band , the commission may authorise exceptional derogations on an annual basis until such obstacles are removed . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , and assess whether additional spectrum could be freed and made available for new applications , in relation with the inventory lead in article 8 .


### member states shall , by 1 january 2013 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where exceptional national or local circumstances would prevent the availability of the band , the commission may authorise specific derogations until 2015 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the spectrum below 1ghz and assess whether additional spectrum could be freed and made available for new applications . ### member states shall , by 17 june 2015 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where the digital switchover process is already well advanced or completed and where the migration of incumbent services can be managed on time the commission recommends to make the band available by 1 january 2013 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the uhf band and assess whether additional spectrum could be freed and made available for new applications .


### maximise flexibility in the use of spectrum , to promote innovation and investment , through the application of the principles of technology and service neutrality , the opening of spectrum to new services , and the possibility to trade spectrum rights ; ### enhance flexibility in the use of spectrum , to promote innovation and investment , through a consistent application of the principles of technology and service neutrality applied in a consistent manner across the union so as to ensure a level playing field between the technological solutions that may be adopted and through adequate regulatory predictability , the opening of harmonised spectrum to new advanced services , and the possibility to trade spectrum rights , thereby creating opportunities for pan - european structures to be established ;


### the inventory referred to in paragraph shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications , unused or inefficiently used spectrum and spectrum sharing opportunities . it shall take into account future needs for spectrum based on consumers’ and operators’ demands , and of the possibility to meet such needs . ### the inventory referred to in paragraph shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications , unused or inefficiently used spectrum and spectrum sharing opportunities . it shall take into account future needs , including long - term needs , for spectrum based on consumers’ and operators’ demands , and of the possibility to meet such needs .


### in order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all member states pursuant to article 9b of directive 2002 / 21 / ec , the commission , in cooperation with member states , shall develop guidelines on authorisation conditions and procedures for such bands , in particular on infrastructure sharing and coverage conditions ; ### in order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all member states pursuant to article 9b of directive 2002 / 21 / ec , the commission , in cooperation with member states , shall identify best practices and encourage sharing of information for such bands and develop guidelines on authorisation conditions and procedures for such bands , for example on infrastructure sharing and coverage conditions , achieved through the principles of technology and service neutrality ;


### if necessary , the commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the union including the most remote areas with a broadband offering enabling internet access at a comparable price to terrestrial offerings . ### in order to ensure that all citizens have access to advanced digital services including broadband , in particular in remote and sparsely populated areas , member states and the commission shall ensure the availability of sufficient spectrum for the provision of broadband satellite services enabling internet access .


### maximise flexibility in the use of spectrum , to promote innovation and investment , through the application of the principles of technology and service neutrality , the opening of spectrum to new services , and the possibility to trade spectrum rights ; ### maximise flexibility in the use of spectrum , to promote innovation and investment , through the consistent application of the principles of technology and service neutrality and through adequate regulatory predictability , the opening up of harmonised spectrum to new advanced services , and the possibility of trading spectrum rights , thereby creating opportunities for pan - european structures to be established ;


### guaranteeing the functioning of the internal market , in particular by ensuring effective competition . ### guaranteeing the development of the internal market and digital services by ensuring effective competition , a level playing field and by promoting the emergence of pan - european services .


### encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies ; ### encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies , at the same time taking account of the social , cultural and economic value of spectrum as a whole ;


### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition . ### member states shall ensure that authorisation and selection procedures avoid delays , are non - discriminatory and promote effective competition .


### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and of possible future needs for spectrum in the union , in particular in the range from 300 mhz to 3 ghz . ### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and identify future demand for spectrum in the union . as an initial step such inventory shall include frequencies in the range from 300 mhz to 6 ghz , to be followed by frequencies from 6 ghz up to 70 ghz .


### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition . ### member states shall ensure that authorisation and selection procedures for electronic communications services avoid undue delays and promote effective competition for the benefit of eu citizens and consumers .


### guaranteeing the functioning of the internal market , in particular by ensuring effective competition . ### guaranteeing the development of the internal market and digital services by ensuring effective competition , a level playing field and by promoting the emergence of pan - european operators .


### the commission is invited to adopt , as a priority , appropriate measures , pursuant to article 9b of the directive 2002 / 21 / ec , to ensure that member states allow trading within the union of spectrum usage rights in the harmonised bands 790–862 mhz , 880–915 mhz , 925–960 mhz , 1710–1785 mhz , 1805–1880 mhz , 1900–1980 mhz , 2010–2025 mhz , 2110–2170 mhz , 2 . 5–2 . 69 ghz , and 3 . 4–3 . 8 ghz . ### the commission is invited to adopt , as a priority , appropriate measures , pursuant to article 9b of the directive 2002 / 21 / ec , to ensure that member states allow trading within the union of spectrum usage rights in the harmonised bands 790–862 mhz , 880–915 mhz , 925–960 mhz , 1710–1785 mhz , 1805–1880 mhz , 1900–1980 mhz , 2010–2025 mhz , 2110–2170 mhz , 2 . 5–2 . 69 ghz , and 3 . 4–3 . 8 ghz and other additional part of the spectrum being freed up for mobile services , without prejudice to the existing and future deployment of other services that have equal access to this spectrum under the conditions specified in the commission decisions .


### member states shall adopt by 1 january 2013 authorisation and allocation measures appropriate for the development of broadband services , in conformity with directive 2002 / 20 / ec of the european parliament and of the council on the authorisation of electronic communications networks and services , such as allowing relevant operators , where possible and on the basis of consultations in accordance with article 11 , direct or indirect access to contiguous blocks of spectrum of at least 10 mhz . ### member states shall adopt by 1 january 2013 authorisation and allocation measures appropriate for the development of broadband services , in conformity with directive 2002 / 20 / ec of the european parliament and of the council on the authorisation of electronic communications networks and services .


### member states shall adopt by 1 january 2013 authorisation and allocation measures appropriate for the development of broadband services , in conformity with directive 2002 / 20 / ec of the european parliament and of the council on the authorisation of electronic communications networks and services , such as allowing relevant operators , where possible and on the basis of consultations in accordance with article 11 , direct or indirect access to contiguous blocks of spectrum of at least 10 mhz . ### member states shall adopt by 1 january 2013 authorisation and allocation measures that are similar to each other and appropriate for the development of broadband services , in conformity with directive 2002 / 20 / ec of the european parliament and of the council on the authorisation of electronic communications networks and services , such as allowing relevant operators , where possible and on the basis of consultations in accordance with article 11 , direct or indirect access to contiguous blocks of spectrum of at least 10 mhz , thereby allowing the highest possible capacity and broadband speeds to be achieved , as well as making effective competition possible .


### this decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market . ### this decision establishes , in accordance with directives 2002 / 21 / ec , 2002 / 20 / ec and 2002 / 19 / ec , directive 2002 / 22 / ec , and decision no 67 / 2002 / ec , a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market .


### without prejudice to the principles of service and technology neutrality , member states , in cooperation with the commission , shall take all steps necessary to ensure that sufficient spectrum for coverage and capacity purposes is allocated within the union , in order to ensure that wireless applications contribute effectively to achieving the target for all citizens to have access to broadband of a speed of at least 30 mbps by 2020 . ### without prejudice to the principles of service and technology neutrality , member states , in cooperation with the commission , shall take all steps necessary to ensure that sufficient harmonised spectrum for coverage and capacity purposes is allocated within the union , enabling the union to have the fastest broadband speed in the world in order to ensure that wireless applications and european leadership in new services contribute effectively to economic growth , achieving the target for all citizens to have access to broadband speeds of not less than 30 mbps by 2020 .


### member states , in cooperation with the commission , shall ensure that the provision of access to broadband content and services using the 790 - 862 mhz band is encouraged in sparsely populated areas , in particular through coverage obligations ; in doing so , they shall examine ways and , where necessary , take appropriate measures to ensure that the freeing of the 800 mhz band does not adversely affect programme making and special events users . ### member states , in cooperation with the commission , shall ensure that the provision of access to broadband content and services using the 790 - 862 mhz band is encouraged in sparsely populated areas , in particular through coverage obligations ; in doing so , they shall examine ways and , where necessary , take appropriate measures to ensure that the freeing of the 800 mhz band does not adversely affect programme making and special events users and other existing users of the 800 mhz band . member states shall examine ways and , where necessary , take appropriate measures to ensure that the re - allocation of the 800 mhz band does not adversely affect the ability of end - users to operate non - radio devices and equipment that conform to existing standards , and which make use of the same spectrum band .


### maximise flexibility in the use of spectrum , to promote innovation and investment , through the application of the principles of technology and service neutrality , the opening of spectrum to new services , and the possibility to trade spectrum rights ; ### maximise flexibility in the use of spectrum , to promote innovation and investment , through the consistent application of the principles of technology and service neutrality and through adequate regulatory predictability , the opening up of harmonised spectrum to new advanced services and the possibility to trade spectrum rights , thereby creating opportunities for pan - european services to be developed ;


### if necessary , the commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection , civil protection and disaster relief . ### the commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection , civil protection and disaster relief .


### the first programme should specify guiding principles and objectives up to 2015 for member states and union institutions , and set out specific implementation initiatives . while spectrum management is still largely a national competence , it should be exercised in compliance with existing union law and allow for action to pursue union policies . ### the first programme should specify guiding principles and objectives up to 2015 for member states and union institutions , and set out specific implementation initiatives . spectrum management is a national competence and must be exercised in compliance with existing eu law and allow for measures to be adopted to pursue an union spectrum policy . pursuant to article 8a of the framework directive , member states are required to cooperate with one another and with the commission in connection with the strategic planning , coordination and harmonisation of spectrum use .


### if necessary , the commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the union including the most remote areas with a broadband offering enabling internet access at a comparable price to terrestrial offerings . ### in order to ensure that all citizens have access to advanced digital services including broadband , in particular in remote and sparsely populated areas , member states and the commission shall ensure the availability of sufficient spectrum for the provision of broadband satellite services enabling internet access .


### spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth . therefore , bands where flexible use has already been introduced by union law should be immediately made tradable pursuant to the framework directive . in addition , common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum , would facilitate the coordinated introduction by all member states of these measures and facilitate acquisition of such rights anywhere in the union . ### spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth . in addition , common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum , would facilitate the coordinated introduction by all member states of these measures and facilitate acquisition of such rights anywhere in the union .


### spectrum is a key resource for essential sectors and services , including mobile , wireless broadband and satellite communications , television and radio broadcasting , transport , radiolocation , and applications such as alarm , remote controls , hearing aids , microphones , and medical equipment . it supports public services such as security and safety services , including civil protection , and scientific activities , such as meteorology , earth observation , radio astronomy and space research . regulatory measures on spectrum therefore have economic , safety , health , public interest , cultural , scientific , social , environmental and technical implications . ### spectrum is a public good of major societal , cultural , social and economic value . it is a key resource for essential sectors and services , including mobile , wireless broadband and satellite communications , television and radio broadcasting , transport , radiolocation , and applications such as alarm , remote controls , hearing aids , wireless microphones , and medical equipment . it supports public services such as security and safety services , including civil protection , the facilitation of relations between the citizen and the state by means of electronic governance and scientific activities , such as meteorology , earth observation , radio astronomy and space research . regulatory measures on spectrum therefore have economic , safety , health , public interest , cultural , scientific , social , environmental and technical implications .


### make sufficient appropriate spectrum available in a timely manner to support union policy objectives ; ### make sufficient appropriate spectrum available in a timely manner to support union spectrum policy objectives and in order to meet a rapidly growing demand for mobile data traffic whilst at the same time ensuring the development of other spectrum users such as broadcasting ;


### the union shall provide , upon request , political and technical support to member states in their bilateral negotiations with non - union neighbouring countries including candidate and acceding countries , to resolve spectrum coordination issues that prevent member states from implementing their obligations under union law regarding spectrum policy and management . the union shall also support efforts by third countries to implement spectrum management that is compatible with that of the union , so as to safeguard union spectrum policy objectives . ### the union shall assist member states with political and technical support in their bilateral and multilateral negotiations with third countries , in particular non - union neighbouring countries including candidate and acceding countries , to resolve spectrum coordination issues that prevent member states from implementing their obligations under union law regarding spectrum policy and management . the union shall also support efforts by third countries to implement spectrum management that is compatible with that of the union , so as to safeguard union spectrum policy objectives .


### as underlined in the digital agenda for europe , wireless broadband is an important means to boost competition , consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable . however , spectrum management may affect competition by changing the role and power of market players , for example if existing users receive undue competitive advantages . limited spectrum access , in particular when appropriate spectrum becomes scarcer , can create a barrier to entry for new services or applications and hamper innovation and competition . acquisition of new usage rights , including through spectrum trading or other transactions between users , and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation . member states should therefore take appropriate ex ante or ex post regulatory measures to avoid distortions of competition in line with the principles underpinning article 5 of directive 2002 / 20 / ec and article 1 of directive 87 / 372 / eec . ### as underlined in the digital agenda for europe , wireless broadband is an important means to boost competition , a pan - european level playing field , consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable . however , spectrum management may affect competition by changing the role and power of market players , for example if existing users receive undue competitive advantages . limited spectrum access , in particular when appropriate spectrum becomes scarcer , can create a barrier to entry for new services or applications and hamper innovation and competition . acquisition of new usage rights , including through spectrum trading or other transactions between users , and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation . member states should therefore take appropriate ex ante or ex post regulatory measures to avoid distortions of competition in line with the principles underpinning article 5 of directive 2002 / 20 / ec and article 1 of directive 87 / 372 / eec . member states may also take steps to achieve more even spectrum allocation between economic operators by reserving spectrum for new entrants to a frequency band or group of bands with similar characteristics .


### ensuring the optimal use of spectrum may require innovative authorisation solutions such as collective use of spectrum , general authorisations or infrastructure sharing . the application of such principles in the union might be facilitated by the definition of certain common or converging conditions for spectrum usage . general authorisations , which are the least onerous authorisation system , are of particular interest where interference does not risk hampering the development of other services . ### ensuring the optimal and productive use of spectrum may require innovative authorisation solutions such as collective use of spectrum , general authorisations , auctions or infrastructure sharing . the application of such principles in the union might be facilitated by identifying best practices and encouraging information sharing , as well as the definition of certain common or converging conditions for spectrum usage . general authorisations , which are the most appropriate and least onerous authorisation system , are of particular interest where interference does not risk hampering the development of other services .


### aim ### aim and scope


### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and of possible future needs for spectrum in the union , in particular in the range from 300 mhz to 3 ghz . ### the member states shall provide the commission with all appropriate information on spectrum bands that could be subject to future reallocation , e . g . , due to inefficient or no use or technological development . the resulting inventory shall help the commission in identifying spectrum bands that could be suitable for harmonisation in order to support union policies set out in this decision . it should also promote innovation and enhance competition in the internal market , to the benefit of both private and public users , while taking into account the potential positive and negative impact on existing users of such bands .


### maximise flexibility in the use of spectrum , to promote innovation and investment , through the application of the principles of technology and service neutrality , the opening of spectrum to new services , and the possibility to trade spectrum rights ; ### maximise flexibility in the use of spectrum , to promote innovation and investment , through the application of the principles of technology and service neutrality , the opening of spectrum to new services , and the possibility to trade spectrum rights ; in that connection , member states may take measures which depart from this principle if the measures in question serve the objectives referred to in article 9 , letters a to d , of the framework directive ;


### this decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market . ### this decision establishes a multi - annual radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market .


### guaranteeing the functioning of the internal market , in particular by ensuring effective competition . ### guaranteeing the development of the internal market and digital services by ensuring effective competition , a level playing field and by promoting the emergence of pan - european operators .


### this first programme should in particular support the europe 2020 strategy for smart , sustainable and inclusive growth given the huge potential of wireless services to promote an information - based economy , develop and assist sectors relying on information and communications technologies and overcome the digital divide . it is also a key action in the digital agenda for europe which aims to deliver fast broadband internet in the future network - based knowledge economy , with an ambitious target for universal broadband coverage with speeds of at least 30 mbps for all europeans by 2020 , thereby achieving the sustainable economic and social benefits of a digital single market . it should also support and promote other union sectoral policies such as a sustainable environment and economic and social inclusion for all union citizens . given the importance of wireless applications for innovation , this programme is also a key initiative in support of union policies on innovation . ### this first programme should in particular support the europe 2020 strategy for smart , sustainable and inclusive growth given the huge potential of wireless services to promote an information - based economy , develop and assist sectors relying on information and communications technologies and overcome the digital divide . it is also a key action in the digital agenda for europe which aims to deliver fast broadband internet in the future network - based knowledge economy , with an ambitious target for universal broadband coverage . providing the highest possible broadband speeds and capacity , ensuring not less than 30 mbps for all by 2020 with at least half of european households having broadband access at a speed of at least 100 mbps , is important for fostering economic growth and global competitiveness , thereby achieving the sustainable economic and social benefits of a digital single market . it should also support and promote other union sectoral policies such as a sustainable environment and economic and social inclusion for all union citizens . given the importance of wireless applications for innovation , this programme is also a key initiative in support of union policies on innovation .


### member states shall maintain and promote effective competition and avoid distortions of competition in the internal market or in a substantial part of it . ### member states shall promote effective competition and avoid distortions of competition in the internal market or in a substantial part of it .


### member states , in cooperation with the commission , shall ensure that the provision of access to broadband content and services using the 790 - 862 mhz band is encouraged in sparsely populated areas , in particular through coverage obligations ; in doing so , they shall examine ways and , where necessary , take appropriate measures to ensure that the freeing of the 800 mhz band does not adversely affect programme making and special events users . ### member states , in cooperation with the commission , shall ensure that the provision of access to broadband services using the 790 - 862 mhz band is encouraged in sparsely populated areas , in particular through coverage obligations ; member - states in cooperation with the commission shall examine ways and , where appropriate , take technical and regulatory measures to ensure that sufficient spectrum is available for programme making and special events users . the commission should encourage member states to ensure the timely availability of sufficient funds to cover the direct migration costs and the direct costs associated with the protection of pmse and broadcasting services .


### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and of possible future needs for spectrum in the union , in particular in the range from 300 mhz to 3 ghz . ### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and identify future demand for spectrum in the union . as an initial step such inventory shall include frequencies in the range from 300 mhz to 6 ghz , to be followed by frequencies from 6 ghz up to 70 ghz .


### without prejudice to the principles of service and technology neutrality , member states , in cooperation with the commission , shall take all steps necessary to ensure that sufficient spectrum for coverage and capacity purposes is allocated within the union , in order to ensure that wireless applications contribute effectively to achieving the target for all citizens to have access to broadband of a speed of at least 30 mbps by 2020 . ### without prejudice to the principles of service and technology neutrality , member states , in cooperation with the commission , shall take all steps necessary to ensure that sufficient harmonised spectrum for coverage and capacity purposes is allocated within the union , enabling the union to have the fastest broadband speed in the world in order to ensure that wireless applications and european leadership in new services contribute effectively to economic growth , achieving the target for all citizens to have access to broadband speeds of not less than 30 mbps by 2020 .


### make sufficient appropriate spectrum available in a timely manner to support union policy objectives ; ### make sufficient appropriate spectrum available in a timely manner in particular to support policy objectives such as the prioritisation of broadband and safeguarding competition in particular through a timely implementation of directive 2009 / 114 / ec * ; _____________________ * oj l 274 , 20 . 10 . 2009 , p . 25 .


### ensuring the optimal use of spectrum may require innovative authorisation solutions such as collective use of spectrum , general authorisations or infrastructure sharing . the application of such principles in the union might be facilitated by the definition of certain common or converging conditions for spectrum usage . general authorisations , which are the least onerous authorisation system , are of particular interest where interference does not risk hampering the development of other services . ### ensuring the optimal use of spectrum may require the commission and member states to put in place mechanisms to facilitate co - existence between new and existing services and devices to the benefit of end - users and consumers . such measures may include , but are not limited to the establishment of stakeholder dialogues to ensure optimization of end - user experience ; setting up compensation mechanisms to cover migration and co - existence costs ; and organizing consumer awareness campaigns .


### the first programme should specify guiding principles and objectives up to 2015 for member states and union institutions , and set out specific implementation initiatives . while spectrum management is still largely a national competence , it should be exercised in compliance with existing union law and allow for action to pursue union policies . ### the first programme should specify guiding principles and objectives up to 2015 for member states and union institutions , and set out specific implementation initiatives . spectrum management is a national competence . it should be carried out in a manner consistent with existing union law and should allow for action to pursue a union spectrum policy . pursuant to article 8a of the framework directive , member states are required only to cooperate with one another and with the commission in connection with the strategic planning , coordination and harmonisation of spectrum use .


### if necessary , the commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the union including the most remote areas with a broadband offering enabling internet access at a comparable price to terrestrial offerings . ### in order to ensure that all citizens have access to advanced digital services including broadband , in particular in remote and sparsely populated areas , member states and the commission shall ensure the availability of sufficient spectrum for the provision of broadband satellite services enabling internet access .


### guaranteeing the functioning of the internal market , in particular by ensuring effective competition . ### promoting the functioning of the internal market , in particular by fostering effective competition .


### if necessary , the commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection , civil protection and disaster relief . ### in cooperation with the commission , member states shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection , civil protection and disaster relief . the spectrum used for radio broadcasting shall not be affected .