### in exceptional cases , in particular where public sector bodies generate a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights , public sector bodies may be allowed to charge for the re - use of documents over and above the marginal costs , according to objective , transparent and verifiable criteria , provided this is in the public interest and subject to the approval of the independent authority referred to in article 4 , and without prejudice to paragraphs 3 and 4 of this article . ### where public sector bodies generate a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights , public sector bodies may be allowed to charge for the re - use of documents over and above the marginal costs , according to objective , transparent and verifiable criteria , provided this is in the public interest and subject to the approval of the authority referred to in article 4 , and without prejudice to paragraphs 3 and 4 of this article .


### where charges are made for the re - use of documents , they should in principle be limited to the marginal costs incurred for their reproduction and dissemination , unless exceptionally justified according to objective , transparent and verifiable criteria . the necessity of not hindering the normal running of public sector bodies covering a substantial part of the operating cost relating to the performance of their public task from the exploitation of their intellectual property rights should notably be taken into consideration . the burden of proving that charges are cost - oriented and comply with relevant limits should lie with the public sector body charging for the re - use of documents . ### where charges are made for the re - use of documents , they should be set according to objective , transparent and verifiable criteria that ensure equal treatment . they should in principle be limited to the marginal costs involved in reproducing documents and making them available . the necessity of not hindering the normal running of public sector bodies covering a substantial part of the operating cost relating to the performance of their public task from the exploitation of their intellectual property rights should , however , be taken into consideration . these bodies should be able to levy charges that exceed the marginal costs involved in reproducing documents and making them available and provide a reasonable return on investment . the charges should be set according to objective , transparent and verifiable criteria that ensure equal treatment . the burden of proving that charges are cost - oriented and comply with relevant limits should lie with the public sector body charging for the re - use of documents .


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


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


### – it has not sustained any change in the technical characteristics of its main components such as engine , brakes , steering or suspension and ### – it has not sustained any substantial change in the technical characteristics of its main components such as engine , brakes , steering or suspension and bodywork .


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


### – vehicles of category m1 , n1 and o2 : four years after the date on which the vehicle was first registered , then two years and thereafter annually ; ### – vehicles of category m1 , n1 and o2 : four years after the date on which the vehicle was first registered , and thereafter every two years ;


### for each area referred to in paragraph 1 , the competent authorities of the member state or the testing centre shall carry out a roadworthiness test covering at least the items and using the method applicable to the testing of those items , as set out in annex ii , point 3 . ### for each area referred to in paragraph 1 , the competent authorities of the member state or the testing centre shall carry out a roadworthiness test covering at least the items and using the method applicable to the testing of those items , as set out in annex ii , point 3 . the test may also include verification of whether the respective parts and components of the vehicle correspond to the required safety and environmental characteristics in force at the time of approval or , if applicable , at the time of retrofitting .


### – trailers and semi - trailers with a maximum permissible mass not exceeding 3 500 kg – vehicle categories o1 and o2 , ### – trailers designed and constructed for the carriage of goods or of persons as well as for the accommodation of persons , having a maximum mass not exceeding 3 , 5 tonnes – vehicle categories o1 and o2 ,


### vehicle manufacturers shall provide the testing centres or , when relevant , the competent authority , with access to the technical information necessary for roadworthiness testing , as set out in annex i . the commission shall adopt detailed rules concerning the procedures on access to the technical information set out in annex i in accordance with the examination procedure referred to in article 16 . ### vehicle manufacturers shall provide the testing centres or , when relevant , the competent authority , with access to the technical information necessary for roadworthiness testing , with due regard for the provisions on access to information laid down in regulation no 715 / 2007 and regulation no 595 / 2009 . prior to the entry into force of this text , the commission shall adopt , by means of implementing acts , the technical information necessary for roadworthiness testing , in accordance with annex ii , point 3 , as well as detailed rules concerning the procedures on access to the relevant technical information , in accordance with the examination procedure referred to in article 16 .


### the delegation of power referred to in article 17 shall be conferred for an indeterminate period of time from [ the date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in article 17 shall be conferred on the commission for a period of five years from [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### roadworthiness testing is part of a wider regulatory scheme , governing vehicles throughout their lifetime from approval via registrations , inspections until scrapping . the development and interconnection of national and manufacturers ' electronic vehicle databases should in principle contribute to improve the efficiency of the whole vehicle administrative chain and reduce costs and administrative burdens . the commission should therefore carry out a study on the feasibility , costs and benefits of setting - up a european electronic vehicle information platform for this purpose . ### roadworthiness testing is part of a wider regulatory scheme , governing vehicles throughout their lifetime from approval via registrations , inspections until scrapping . the development and interconnection of national and manufacturers’ electronic vehicle databases would contribute to improve the efficiency of the whole vehicle administrative chain and reduce costs and administrative burdens .


### vehicle manufacturers shall provide the testing centres or , when relevant , the competent authority , with access to the technical information necessary for roadworthiness testing , as set out in annex i . the commission shall adopt detailed rules concerning the procedures on access to the technical information set out in annex i in accordance with the examination procedure referred to in article 16 . ### vehicle manufacturers shall provide , free of charge , the testing centres and test equipment manufacturers or , when relevant , the competent authority , with access to the technical information necessary for roadworthiness testing , as set out in annex i . for test equipment manufacturers , that information shall include the information required to allow the test equipment to conduct a pass or fail assessment of the functionality of vehicle electronic control systems . the commission shall adopt detailed rules concerning the procedures on access to the technical information set out in annex i in accordance with the examination procedure referred to in article 16 .


### vehicles of historic interest are supposed to conserve heritage of the époque they have been built and considered to be hardly used on public roads , it should be left to member states to extend the period of periodic roadworthiness testing for such vehicles . it should also be for member states to regulate roadworthiness testing of other types of specialised vehicles . ### vehicles of historic interest conserve heritage of the époque in which they were built , are maintained in a historically correct condition and are rarely used as everyday vehicles . it should be left to member states to extend the period of periodic roadworthiness testing for such vehicles or to otherwise regulate their roadworthiness testing regime . it should also be for member states to regulate roadworthiness testing of other types of specialised vehicles .


### each member state shall recognise the proof issued in accordance with paragraph 1 . ### each member state shall recognise the proof issued by another member state in accordance with paragraph 1 , provided that it was issued for a vehicle registered in that member state .


### frequency of tests should be adapted according to the type of vehicle and to their mileage . vehicles are more likely to present technical deficiencies when they reach a certain age and , in particular when intensively used , after a certain mileage . it is therefore appropriate to increase the test frequency for older vehicles and for vehicles with high mileage . ### frequency of tests should be adapted according to the type of vehicle . vehicles are more likely to present technical deficiencies when they reach a certain age .


### the testing centre shall inform the person presenting the vehicle to the test of the necessary repairs to be carried out and shall not alter the results of the test for commercial purposes . ### the testing centre shall inform the person or repair workshop presenting the vehicle to the test of the deficiencies identified on the vehicle and shall not alter the results of the test for commercial purposes .


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


### – trailers and semi - trailers with a maximum permissible mass not exceeding 3 500 kg – vehicle categories o1 and o2 , ### – trailers and semi - trailers with a maximum permissible mass not exceeding 3 500 kg – vehicle category o2 ,


### ' inspector ' means a person authorised by a member state to carry out roadworthiness tests in a testing centre or on behalf of a competent authority ; ### ‘ inspector’ means a person authorised by a member state or its competent authority to carry out roadworthiness tests who is attached to a testing centre or acts on behalf of the competent authority ;


### ‘ roadworthiness test’ means a verification that the parts and components of a vehicle comply with its safety and environmental characteristics in force at the time of approval , first registration or entry into service , as well as at the time of retrofitting ; ### ‘ roadworthiness test’ means an inspection to ensure that a vehicle is safe to be used on public roads and complies with the relevant environmental requirements ;


### roadworthiness testing is a sovereign activity and should therefore be done by the member states or by entrusted bodies under their supervision . member states should remain responsible for roadworthiness testing in any cases even if the national system allows for authorisation of private bodies , including those involved in performing repairs . ### roadworthiness testing is a sovereign activity and as such should be done by the member state , or by a public body entrusted with the task by the state or by bodies or establishments designated and directly supervised by the state , including duly authorised private bodies . in particular , where establishments designated as vehicle testing centres also perform motor vehicle repairs , member states shall make every effort to ensure the objectivity and high quality of the vehicle testing .


### ‘ roadworthiness test’ means a verification that the parts and components of a vehicle comply with its safety and environmental characteristics in force at the time of approval , first registration or entry into service , as well as at the time of retrofitting ; ### ‘ roadworthiness test’ means an inspection to ensure that a vehicle is safe to be used on public roads and complies with required environmental characteristics ;


### roadworthiness tests shall be carried out by inspectors fulfilling the minimum competence and training requirements laid down in annex vi . ### roadworthiness tests shall be carried out by inspectors fulfilling the minimum competence , training and further training requirements laid down in annex vi as well as any requirements applicable in the member state in which they work .


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


### – vehicles of category m1 registered as taxis or ambulances , vehicles of categories m2 , m3 , n2 , n3 , t5 , o3 and o4 : one year after the date on which the vehicle was first registered , and thereafter annually . ### – vehicles of category m1 registered as taxis or ambulances , vehicles of categories m2 , m3 , n2 , n3 , t5 , o3 and o4 : one year after the date on which the vehicle was first registered , and thereafter in line with the provisions of the member state concerned .


### this regulation establishes a regime of periodic roadworthiness tests of vehicles . ### this directive establishes a regime of periodic roadworthiness tests of vehicles carried out on the basis of minimum technical standards and requirements with the aim of ensuring a high level of road safety and environmental protection .


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


### in the case of dangerous deficiencies , the vehicle shall not be used on publicly accessible roads and its registration shall be withdrawn in accordance with article 3a of directive xxx of the european parliament and of the council amending council directive 1999 / 37 / ec on the registration documents for vehicles24 until the deficiencies are rectified and a new roadworthiness certificate is issued testifying that the vehicle is in a roadworthy condition . ### in the case of dangerous deficiencies , the member state or competent authority may decide that the vehicle shall not be used on publicly accessible roads and withdraw its licence without the need for fresh proceedings until the deficiencies are rectified and a new roadworthiness certificate is issued testifying that the vehicle is in a roadworthy condition .


### – trailers and semi - trailers with a maximum permissible mass not exceeding 3 500 kg – vehicle categories o1 and o2 , ### – trailers designed and constructed for the carriage of goods or of persons as well as for the accommodation of persons , having a maximum mass not exceeding 3 , 5 tonnes – vehicle categories o1 and o2 ,


### odometer fraud is considered to affect between 5% and 12% of used cars sales , resulting in a very important cost to society of several billions euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle . with a view to combat odometer fraud , the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering or manipulation of the odometer . odometer fraud should also be more systematically considered as an offence liable to a penalty . ### odometer fraud is considered to affect between 5% and 12% of used car sales , resulting in a very high cost to society of several billion euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle . with a view to combating odometer fraud , the commission should consider whether to bring forward new proposals on consumer protection policy .


### the commission shall examine the feasibility , costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers . ### the commission shall examine the feasibility , costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information , including details of the mileage of and serious accidents suffered by vehicles , on data related to roadworthiness testing between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers .


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


### odometer fraud is considered to affect between 5% and 12% of used cars sales , resulting in a very important cost to society of several billions euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle . with a view to combat odometer fraud , the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering or manipulation of the odometer . odometer fraud should also be more systematically considered as an offence liable to a penalty . ### odometer fraud is considered to affect between 5% and 12% of domestic used cars sales and between 30% and 40% of cross border sales , resulting in a very important cost to society of several billion euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle . with a view to combat odometer fraud , the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering or manipulation of the odometer . odometer fraud should also be systematically considered as an offence liable to a penalty . member states should take all necessary measures to ensure the accuracy of the odometer reading during the entire lifetime of a vehicle . this can be done by gathering in a mileage registration database information on the vehicle ' s mileage that is already being recorded by the various actors of the automobile sector , such as official dealers , repairers , or testing centres .


### for each area referred to in paragraph 1 , the competent authorities of the member state or the testing centre shall carry out a roadworthiness test covering at least the items and using the method applicable to the testing of those items , as set out in annex ii , point 3 . ### for each area referred to in paragraph 1 , the competent authorities of the member state or the testing centre shall carry out a roadworthiness test covering at least the items and using the method recommended for the testing of those items , as set out in annex ii , point 3 , or an equivalent alternative .


### electronic vehicle information platform ### national electronic vehicle information networking


### each member state shall take the necessary measures to ensure that the manipulation or tampering of an odometer is regarded as an offence and is punishable by effective , proportionate , dissuasive and non - discriminatory penalties . ### each member state shall take the necessary measures to ensure that the manipulation or tampering of vehicle components and systems which have a bearing on compliance with safety and environmental requirements or an odometer is regarded as an offence and is punishable by effective , proportionate , dissuasive and non - discriminatory penalties .


### a number of technical standards and requirements on vehicle safety have been adopted within the union . it is however necessary to ensure , through a regime of periodic roadworthiness tests , that after being placed on the market , vehicles continue to meet safety standards throughout their lifetime . this regime should apply to categories of vehicles as defined in directive 2002 / 24 / ec of the european parliament and of the council of 18 march 2002 relating to the type - approval of two or three - wheel motor vehicles and repealing council directive 92 / 61 / eec18 , directive 2007 / 46 / ec of the european parliament and of the council of 5 september 2007 establishing a framework for the approval for motor vehicles and their trailers , and of systems , components and separate technical units intended for such vehicles19 and directive 2003 / 37 / ec of the european parliament and of the council of 26 may 2003 on type - approval of agricultural or forestry tractors , their trailers and interchangeable towed machinery , together with their systems , components and separate technical units and repealing directive 74 / 150 / eec20 . ### a number of technical standards and requirements on vehicle safety have been adopted within the union . it is however necessary to ensure , through a regime of periodic roadworthiness tests , that after being placed on the market , vehicles continue to meet safety standards throughout their lifetime . member states might introduce national requirements concerning roadworthiness tests for categories of vehicles as defined in directive 2002 / 24 / ec of the european parliament and of the council of 18 march 2002 relating to the type - approval of two or three - wheel motor vehicles and repealing council directive 92 / 61 / eec18 ; this regime should apply to categories of vehicles as defined in directive 2007 / 46 / ec of the european parliament and of the council of 5 september 2007 establishing a framework for the approval for motor vehicles and their trailers , and of systems , components and separate technical units intended for such vehicles19 and directive 2003 / 37 / ec of the european parliament and of the council of 26 may 2003 on type - approval of agricultural or forestry tractors , their trailers and interchangeable towed machinery , together with their systems , components and separate technical units and repealing directive 74 / 150 / eec20 .


### roadworthiness tests shall be carried out only by the competent authority of a member state or by testing centres authorised by member states . ### roadworthiness tests shall be carried out only by the competent authority of a member state or by a public body entrusted with the task by the state or by bodies or establishments certified and supervised by the state , including authorised private bodies .


### since the objective of this regulation , namely to lay down minimum common requirements and harmonised rules concerning the conduct of roadworthiness tests of vehicles within the union , cannot be sufficiently achieved by the member states and can therefore be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objective of this regulation , namely to lay down minimum common requirements and harmonised rules concerning the conduct of roadworthiness tests of vehicles within the union , cannot be sufficiently achieved by the member states and can therefore be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . member states may decide to lay down requirements more stringent than the minimum standards .


### in order to supplement this regulation with further technical details , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission with a view to take into account , when appropriate , evolution of the union type - approval legislation in relation with vehicle categories , as well as the need to update the annexes in the light of technical progress . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to update this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission with a view to take into account , when appropriate , evolution of the union type - approval legislation in relation with vehicle categories , as well as the need to update the annexes in the light of technical progress . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### the holder of the registration certificate may request the testing centre , or the competent authority if relevant , to carry out the roadworthiness test during a period extending from the beginning of the month preceding the month of the anniversary date referred to in paragraph 1 until the end of the second month following this date , without affecting the date for the next roadworthiness test . ### the holder of the registration certificate may request the testing centre , or the competent authority if relevant , to carry out the roadworthiness test during a period extending from the beginning of the month preceding the month of the anniversary date referred to in paragraph 1 until the end of the sixth month following this date , without affecting the date for the next roadworthiness test .


### vehicles of historic interest are supposed to conserve heritage of the époque they have been built and considered to be hardly used on public roads , it should be left to member states to extend the period of periodic roadworthiness testing for such vehicles . it should also be for member states to regulate roadworthiness testing of other types of specialised vehicles . ### vehicles of historic interest conserve heritage of the époque in which they were built , are maintained in a historically correct condition and are rarely used as everyday vehicles . it should be left to member states to extend the period of periodic roadworthiness testing for such vehicles or to otherwise regulate their roadworthiness testing regime . it should also be for member states to regulate roadworthiness testing of other types of specialised vehicles .


### a separate annual trigger import volume is set for imports of products mentioned in paragraph 1 , as indicated in the third and fourth columns of the table in the annex to this regulation . once the trigger volume for either colombia or peru is met during the corresponding calendar year , the commission may , in accordance with the examination procedure referred to in article 12 , temporarily suspend the preferential customs duty applied to products of the corresponding origin during that same year for a period of time not exceeding three months , and not going beyond the end of the calendar year . ### a separate annual trigger import volume is set for imports of products mentioned in paragraph 1 , as indicated in the third and fourth columns of the table in the annex to this regulation . once the trigger volume for either colombia or peru is met during the corresponding calendar year , the commission shall , in accordance with the advisory procedure referred to in article 12 , temporarily suspend the preferential customs duty applied to products of the corresponding origin during that same year for a period of time not exceeding three months , and not going beyond the end of the calendar year . only reasons of force majeure shall justify the suspension not being imposed .


### a separate annual trigger import volume is set for imports of products mentioned in paragraph 1 , as indicated in the third and fourth columns of the table in the annex to this regulation . once the trigger volume for either colombia or peru is met during the corresponding calendar year , the commission may , in accordance with the examination procedure referred to in article 12 , temporarily suspend the preferential customs duty applied to products of the corresponding origin during that same year for a period of time not exceeding three months , and not going beyond the end of the calendar year . ### a separate annual trigger import volume is set for imports of products mentioned in paragraph 1 , as indicated in the third and fourth columns of the table in the annex to this regulation . once the trigger volume for either colombia or peru is met during the corresponding calendar year , the commission shall , in accordance with the examination procedure referred to in article 12 , temporarily suspend the preferential customs duty applied to products of the corresponding origin during that same year for a period of time not exceeding three months , and not going beyond the end of the calendar year . only reasons of force majeure shall prevent the suspension from being imposed .


### the union ' s financial contribution to simple programmes shall not exceed 50&#160 ; % of the eligible expenditure . the remaining expenditure shall be borne exclusively by proposing organisations . ### the union ' s financial contribution to simple programmes shall not exceed 50&#160 ; % of the eligible expenditure . member states may bear up to 30&#160 ; % of the costs . the remaining expenditure shall be borne by proposing organisations .


### the union ' s financial contribution to simple programmes shall not exceed 50&#160 ; % of the eligible expenditure . the remaining expenditure shall be borne exclusively by proposing organisations . ### the union ' s financial contribution to simple programmes shall not exceed 50&#160 ; % of the eligible expenditure . member states may contribute a maximum of 30&#160 ; % .


### the maximum rate of co - financing shall be set at 60 % of the total eligible costs for the multi programmes . the remaining expenditure shall be borne exclusively by proposing organisations . ### the maximum rate of co - financing shall be set at 60 % of the total eligible costs for the multi programmes . the member state may bear up to 30 % of the total costs . the remaining expenditure shall be borne by proposing organisations .


### wine may be the subject of information provision and promotion measures provided that other products as referred to in paragraph 1 or are also covered by the programme in question . ### wine with designation of origin or protected geographical indication status and wine carrying an indication of the wine grape variety shall be eligible for information and promotion measures .


### the aim of these measures is to enhance the competitiveness of european agriculture in both the internal market and third countries by increasing consumers ' awareness of the merits of the union ' s agricultural products and food products based on agricultural products and developing and opening up new markets . they usefully complement and reinforce the measures implemented by the member states . ### the aim of these measures is to enhance the competitiveness of european agriculture and market shares in both the internal market and third countries by increasing consumers ' awareness of the merits of the union ' s agricultural products and food products based on agricultural products and developing and opening up new markets . they usefully complement and reinforce the measures implemented by the member states .


### the union exports mainly final agricultural products , including agricultural products not included in annex i to the treaty on the functioning of the european union . the information and promotion scheme should therefore be opened up to certain food products based on agricultural products , in line with other schemes coming under the common agricultural policy , such as the european quality schemes , which already provide for mechanisms which are open to such products . ### the union exports mainly final agricultural products , including agricultural products not included in annex i to the treaty on the functioning of the european union . in a time of crisis such as this , measures should be applied that promote economic recovery in the member states . agricultural products and processed products based on these both have an important role to play in that economic recovery . the information and promotion scheme should therefore be opened up to new products not included in annex i to the treaty . the inclusion of these in promotion and information campaigns can be of indirect benefit to the primary sector , although their inclusion should be limited in order to ensure priority treatment is awarded to agricultural products .


### the maximum rate of co - financing shall be set at 60 % of the total eligible costs for the multi programmes . the remaining expenditure shall be borne exclusively by proposing organisations . ### the maximum rate of co - financing shall be set at 60&#160 ; % of the total eligible costs for the multi programmes . the member state may cover up to 20&#160 ; % of the total cost . the remaining expenditure shall be borne exclusively by proposing organisations .


### the eligible measures on the internal market are as follows : ### the eligible measures are as follows :


### the food products based on agricultural products listed in point i of annex i to regulation no 1151 / 2012 of the european parliament and of the council ; ### products based on agricultural products ;


### the commission shall assess and select proposals for simple programmes further to the call for proposals referred to in article 8 . ### the commission shall assess and select proposals for simple programmes further to the call for proposals referred to in article 8 , having first delivered a list of applications to the member states and sought their opinion .


### in the context of implementing this regulation , the commission may consult the advisory group on promotion of agricultural products established by commission decision 2004 / 391 / ec27 . __________________ 27 commission decision 2004 / 391 / ec of 23 april 2004 on the advisory groups dealing with matters covered by the common agricultural policy . ### in the context of implementing this regulation , the commission shall consult the advisory group on promotion of agricultural products established by commission decision 2004 / 391 / ec27 . __________________ commission decision 2004 / 391 / ec of 23 april 2004 on the advisory groups dealing with matters covered by the common agricultural policy .


### the information provision and promotion measures co - financed by the union should endow them with a specific european dimension . to that end , and in order to avoid a dispersion of resources and increase europe ' s visibility through these information provision and promotion measures for agricultural products , it is necessary to establish a work programme which defines the strategic priorities for these measures in terms of populations , products , themes or markets to be targeted and the nature of the information and promotion messages to be imparted . the commission will take particular account of the predominant position of small and medium - enterprises in the agri - food sector , a sector which benefits from the exceptional measures provided for in articles 154 , 155 and 156 of regulation xxx / 20 . . . [ of the european parliament and of the council of . . . establishing a common organisation of the markets in agricultural products 626 ) ] and from free - trade agreements coming under the commercial policy of the european union for measures targeting third countries . ### the information provision and promotion measures co - financed by the union should endow them with a specific european dimension and pay the same attention to the internal and external market , recognising in equal measure the importance of the local and regional levels in internal terms and of expanding world markets in external terms . to that end , and in order to avoid a dispersion of resources and increase europe ' s visibility through these information provision and promotion measures for agricultural products , it is necessary to establish a work programme which defines the strategic priorities for these measures in terms of populations , products , themes or markets to be targeted and the nature of the information and promotion messages to be imparted . the commission will take particular account of national strategic interests , the predominant position of small and medium - enterprises in the agri - food sector , a sector which benefits from the exceptional measures provided for in articles 154 , 155 and 156 of regulation xxx / 20 . . . [ of the european parliament and of the council of . . . establishing a common organisation of the markets in agricultural products 626 ) ] and from free - trade agreements coming under the commercial policy of the european union for measures targeting third countries , and their foreseeable impact on local and regional economies .


### in accordance with council regulation no 3 / 200815 , the union may implement information provision and promotion measures on the internal market and in third countries for agricultural products and their production methods and for certain food products based on agricultural products . __________________ 15 council regulation no 3 / 2008 of 17 december 2007 on information provision and promotion measures for agricultural products on the internal market and in third countries . ### in accordance with council regulation no 3 / 200815 , the union may implement information provision and promotion measures on the internal market and in third countries for agricultural products and their production methods and for food products based on agricultural products . __________________ 15 council regulation no 3 / 2008 of 17 december 2007 on information provision and promotion measures for agricultural products on the internal market and in third countries .


### in order to ensure that uniform implementing conditions apply under this regulation , the commission should be granted implementing powers for the purposes of adopting implementing acts concerning work programmes laying down strategic priorities , the selection of simple programmes . the implementing , monitoring and control arrangements of simple programmes , the rules concerning the conclusion of contracts for the implementation of simple programmes selected in accordance with this regulation , and the common impact assessment framework for programmes . these powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council17 . __________________ 17 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure that uniform implementing conditions apply under this regulation , the commission should be granted implementing powers for the purposes of adopting implementing acts concerning the selection of simple programmes . the implementing , monitoring and control arrangements of simple programmes , the rules concerning the conclusion of contracts for the implementation of simple programmes selected in accordance with this regulation , and the common impact assessment framework for programmes . these powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council17 . __________________ 17 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### the agricultural products listed in annex i to the treaty on the functioning of the european union , excluding the fishery and aquaculture products listed in annex 1 to regulation no [ com416 ] of the european parliament and of the council19 and tobacco ; __________________ 19 regulation no [ com . ### the agricultural products listed in annex i to the treaty on the functioning of the european union , excluding tobacco ; __________________ 19 regulation no [ com .


### the power to adopt delegated acts referred to in this regulation shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in this regulation shall be conferred on the commission for a period of five years from the date of entry into force of this regulation .


### information measures shall not encourage the consumption of any product on grounds of its origin . nevertheless , the origin of products may be visible on information and promotional material subject to compliance with specific conditions to be adopted pursuant to article 6 . ### information measures shall not encourage the consumption of any product on grounds of its origin . nevertheless , the origin of products may be visible on information and promotional material subject to compliance with the following conditions :


### the maximum rate of co - financing shall be set at 60 % of the total eligible costs for the multi programmes . the remaining expenditure shall be borne exclusively by proposing organisations . ### the maximum rate of co - financing shall be set at 60 % of the total eligible costs for the multi programmes in the internal market and 75% in third countries . the remaining expenditure shall be borne exclusively by the proposing organisations .


### the food products based on agricultural products listed in point i of annex i to regulation no 1151 / 2012 of the european parliament and of the council ; ### the processed products based on agricultural products ;


### in order to ensure the coherence , effectiveness and sound management of the measures provided for in this regulation as well as the efficient use of union funding , the commission should be delegated the power to adopt acts in accordance with article 290 of the treaty as regards the specific conditions of brand visibility and the indication of product origin , the criteria for determining the eligibility of proposing organisations , the conditions governing competitive tendering between implementing organisations and the conditions according to which the proposing organisation may be authorised to implement certain parts of the programme itself and , finally , the specific conditions determining the eligibility of the costs of information provision and promotion measures for simple programmes . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including using external experts . when preparing and drawing - up delegated acts , the commission will ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to ensure the coherence , effectiveness and sound management of the measures provided for in this regulation as well as the efficient use of union funding , the commission should be delegated the power to adopt acts in accordance with article 290 of the treaty as regards the specific conditions of brand visibility and the indication of product origin , the criteria for determining the eligibility of proposing organisations , the conditions governing competitive tendering between implementing organisations and the conditions according to which the proposing organisation may be authorised to implement certain parts of the programme itself , the work programmes laying down strategic priorities , and , finally , the specific conditions determining the eligibility of the costs of information provision and promotion measures for simple programmes . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including using external experts . when preparing and drawing - up delegated acts , the commission will ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### the information provision and promotion measures co - financed by the union should endow them with a specific european dimension . to that end , and in order to avoid a dispersion of resources and increase europe ' s visibility through these information provision and promotion measures for agricultural products , it is necessary to establish a work programme which defines the strategic priorities for these measures in terms of populations , products , themes or markets to be targeted and the nature of the information and promotion messages to be imparted . the commission will take particular account of the predominant position of small and medium - enterprises in the agri - food sector , a sector which benefits from the exceptional measures provided for in articles 154 , 155 and 156 of regulation xxx / 20 . . . [ of the european parliament and of the council of . . . establishing a common organisation of the markets in agricultural products 626 ) ] and from free - trade agreements coming under the commercial policy of the european union for measures targeting third countries . ### the information provision and promotion measures co - financed by the union should endow them with a specific european dimension . to that end , and in order to avoid a dispersion of resources and increase europe ' s visibility through these information provision and promotion measures for agricultural products , it is necessary to establish a work programme which defines the strategic priorities for these measures in terms of populations , products , themes or markets to be targeted and the nature of the information and promotion messages to be imparted . that programme should supplement and mesh with the other measures undertaken at the initiative of the member states or operators . small and medium - sized enterprises in the agrifood sector should be awarded priority treatment and a higher rate of cofinancing from the commission .


### the maximum rate of co - financing shall be set at 60 % of the total eligible costs for the multi programmes . the remaining expenditure shall be borne exclusively by proposing organisations . ### the maximum rate of co - financing shall be set at 60 % of the total eligible costs for the multi programmes .


### the union exports mainly final agricultural products , including agricultural products not included in annex i to the treaty on the functioning of the european union . the information and promotion scheme should therefore be opened up to certain food products based on agricultural products , in line with other schemes coming under the common agricultural policy , such as the european quality schemes , which already provide for mechanisms which are open to such products . ### the union exports mainly final agricultural products , including agricultural products not included in annex i to the treaty on the functioning of the european union . in a time of crisis such as this , measures should be applied that promote economic recovery in the member states . agricultural products and processed products based on these both have an important role to play in that economic recovery . the information and promotion scheme should therefore be opened up to new products not included in annex i to the treaty . the inclusion of these in promotion and information campaigns can be of indirect benefit to the primary sector , although their inclusion should be limited in order to ensure priority treatment is awarded to agricultural products .


### the agricultural products listed in annex i to the treaty on the functioning of the european union , excluding the fishery and aquaculture products listed in annex 1 to regulation no [ com416 ] of the european parliament and of the council19 and tobacco ; __________________ 19 regulation no [ com . ### the agricultural products of eu origin listed in annex i to the treaty on the functioning of the european union , excluding the fishery and aquaculture products listed in annex 1 to regulation no [ com416 ] of the european parliament and of the council19 and tobacco ; __________________ 19 regulation no [ com .


### the commission shall , by means of an implementing act , adopt a work programme setting out the objectives pursued , the priorities , the expected results , the implementing arrangements and the total amount of the financing plan . it shall also contain the main evaluation criteria , a description of the measures to be financed , an indication of the amounts allocated to each type of measure and an indicative implementation timetable and , in the case of grants , the maximum rate of co - financing . ### the commission shall be empowered to adopt delegated acts , in accordance with article 23 and on the basis of the objectives listed in article 1 , concerning the adoption of a work programme setting out the objectives pursued , the priorities , the expected results , the implementing arrangements and the total amount of the financing plan . it shall also contain the main evaluation criteria , a description of the measures to be financed , an indication of the amounts allocated to each type of measure and an indicative implementation timetable and , in the case of grants , the maximum rate of co - financing .


### the information provision and promotion measures co - financed by the union should endow them with a specific european dimension . to that end , and in order to avoid a dispersion of resources and increase europe ' s visibility through these information provision and promotion measures for agricultural products , it is necessary to establish a work programme which defines the strategic priorities for these measures in terms of populations , products , themes or markets to be targeted and the nature of the information and promotion messages to be imparted . the commission will take particular account of the predominant position of small and medium - enterprises in the agri - food sector , a sector which benefits from the exceptional measures provided for in articles 154 , 155 and 156 of regulation xxx / 20 . . . [ of the european parliament and of the council of . . . establishing a common organisation of the markets in agricultural products 626 ) ] and from free - trade agreements coming under the commercial policy of the european union for measures targeting third countries . ### the information provision and promotion measures co - financed by the union should endow them with a specific european dimension . to that end , and in order to avoid a dispersion of resources and increase europe ' s visibility through these information provision and promotion measures for agri - food products , it is necessary to establish a work programme which defines the strategic priorities for these measures in terms of populations , products , themes or markets to be targeted and the nature of the information and promotion messages to be imparted . the commission will take particular account of the predominant position of small and medium - enterprises in the agri - food sector , a sector which benefits from the exceptional measures provided for in articles 154 , 155 and 156 of regulation xxx / 20 . . . [ of the european parliament and of the council of . . . establishing a common organisation of the markets in agricultural products 626 ) ] and from free - trade agreements coming under the commercial policy of the european union for measures targeting third countries .


### member states shall offer effective prevention against fraud , especially as regards the areas with a higher level of risk , and which shall act as a deterrent , having regard to the benefits as well as the proportionality of the measures . ### member states shall offer effective prevention against fraud , especially as regards the areas with a higher level of risk , and which shall act as a deterrent , having regard to the benefits as well as the proportionality of the measures . this may include unannounced on - the - spot controls and inspections .


### to launch the programming period , the commission and each member state shall have a policy dialogue on the national requirements and the contribution that the union budget could provide to achieving these requirements , bearing in mind the base line situation in the member state concerned and the objectives of the specific regulations . the policy dialogue shall result in the conclusion of agreed minutes or an exchange of letters which shall identify the specific needs and priorities of the member state concerned and serve as the framework for the preparation of the national programmes . in case of actions to be implemented in and in relation to third countries , such actions shall not be directly development oriented and the policy dialogue shall seek full coherence with the principles and general objectives of the union external action and foreign policy as regards the country or region concerned . ### to launch the programming period , the commission and each member state shall have a policy dialogue on the national requirements and the contribution that the union budget could provide to achieving these requirements , bearing in mind the base line situation in the member state concerned and the objectives of the specific regulations . the policy dialogue shall result in the conclusion of agreed minutes or an exchange of letters which shall identify the specific needs and priorities of the member state concerned and serve as the framework for the preparation of the national programmes . in order to ensure the necessary eu added value , the policy dialogue shall involve an adequate consultation of the competent union agencies and serve as an opportunity for an exchange of views on union actions . in case of actions to be implemented in and in relation to third countries , such actions shall not be directly development oriented and the policy dialogue shall seek full coherence with the principles and general objectives of the union external action and foreign policy as regards the country or region concerned .


### if a national programme is approved in 2015 or later , the instalments shall be paid in the year of approval . ### following the first year of entry into force of the multi - annual financial framework , the instalments shall be paid not later than two months after the approval of the national programme depending on budget availability and provided that the necessary administrative structures are in place .


### within the limits of the available resources , the emergency assistance may amount to 100% of the eligible expenditure . ### within the limits of the available resources and by way of derogation from article 16 , the emergency assistance may amount to more than 90% but not constitute 100% of the eligible expenditure .


### following the commission decision approving the national programme , an initial pre - financing amount for the whole programming period shall be paid by the commission . this shall represent 4% of the contribution from the union budget to the national programme concerned . it may be split into two instalments depending on budget availability . ### following the commission decision approving the national programme , an initial pre - financing amount for the whole programming period shall be paid by the commission . this shall represent 6% of the contribution from the union budget to the national programme concerned . it may be split into two instalments depending on budget availability within 6 months .


### eligibility of expenditure under the national programmes should be determined by national law , subject to common principles . the starting and closing dates for the eligibility of expenditure should be defined so as to provide for uniform and equitable rules applying to the national programmes . ### eligibility of expenditure under the national programmes should be determined by national law while being subject to common principles laid down in this regulation . the starting and closing dates for the eligibility of expenditure should be defined so as to provide for uniform and equitable rules applying to the national programmes .


### to launch the programming period , the commission and each member state shall have a policy dialogue on the national requirements and the contribution that the union budget could provide to achieving these requirements , bearing in mind the base line situation in the member state concerned and the objectives of the specific regulations . the policy dialogue shall result in the conclusion of agreed minutes or an exchange of letters which shall identify the specific needs and priorities of the member state concerned and serve as the framework for the preparation of the national programmes . ### to launch the programming period , the commission and each member state shall have a top - level policy dialogue centred on the overall result to be achieved by national programmes , as well as on the requirements of the member state and on the contribution that the union budget could provide to achieving these requirements , bearing in mind the base line situation in the member state concerned and the objectives of the specific regulations . the policy dialogue shall result in the conclusion of agreed minutes or an exchange of letters which shall identify the specific needs and priorities of the member state concerned and serve as the framework for the preparation of the national programmes , specifying for example when national programmes should be submitted to the commission .


### external action should be consistent and coherent as set out in article 18 of teu . ### external action should be consistent and coherent as set out in article 18 of teu . the european commission together with the eeas should set up an effective mechanism to ensure such consistency .


### the specific regulations shall provide support , through national programmes , union actions and emergency assistance , which complements national , regional and local intervention , pursuing the objectives of the union . ### the specific regulations shall provide support , through national programmes , union actions and emergency assistance , which complements national , regional and local intervention , pursuing the objectives of the union , and creating an eu added value .


### for domestic transactions , a transition period is necessary to provide payment services providers and schemes with time to adapt to the new requirements . therefore , after a two year period following the entry into force of this regulation and in order to provide for a completion of an internal market for card - based payments , the caps on interchange fees for consumer card transactions should be extended to cover all , cross - border and domestic payments . ### for domestic transactions , a transition period is necessary to provide payment services providers and schemes with time to adapt to the new requirements . therefore , after a two year period following the entry into force of this regulation and in order to provide for a completion of an internal market for card - based payments , the rules on interchange fees for consumer card transactions should be extended to cover all , cross - border and domestic payments . in view of the trend in the past ten years , it is likely that the issue and use of consumer debit cards will continue to increase , with the result that , after the transitional period , the aim of encouraging the issue and use of debit cards will no longer justify retaining interchange payments for debit cards .


### ‘ cross - border payment transaction’ means a card payment or card - based payment transaction initiated by a payer or by a payee where the payer ' s payment service provider and the payee ' s payment service provider are established in different member states or where the payment card is issued by an issuing payment service provider established in a different member state than that of the point of sale ; ### ‘ cross - border payment transaction’ means a card payment or card - based payment transaction initiated by a payer or by a payee where the payer ' s payment service provider or the point of sale is established in a different member state than the payee ' s payment service provider or where the payment card is issued by an issuing payment service provider established in a different member state than that of the point of sale ;


### ‘ debit card transaction’ means an card payment transaction included with prepaid cards linked to a current or deposit access account to which a transaction is debited in less than or 48 hours after the transaction has been authorised / initiated . ### ' debit card transaction ' means an card payment transaction included with prepaid cards linked to a current or deposit access account to which each transaction is individually debited in less than or 2 business days after the transaction has been authorised / initiated .


### for the purposes of the application of the caps referred to in article 3 and article 4 , any net compensation received by an issuing bank from a payment card scheme in relation to payment transactions or related activities shall be treated as part of the interchange fee . ### for the purposes of the application of the caps referred to in article 3 , any net compensation received by an issuing payment service provider in relation to payment transactions shall be treated as part of the interchange fee .


### ‘ credit card transaction’ means an card payment transaction where the transaction is settled more than 48 hours after the transaction has been authorised / initiated ; ### ' credit card transaction ' means a card payment transaction executed with a credit card and debited on the payment account to which the card is linked more than 48 hours after the transaction has been cleared ;


### payment schemes and payment service providers shall not apply any rule that may oblige payees accepting cards and other payment instruments issued by one issuing payment service provider within the framework of a payment instruments scheme to also accept other payment instruments of the same brand and / or category issued by other issuing payment service providers within the framework of the same scheme , except if they are subject to the same regulated interchange fee . ### payment schemes and payment service providers shall not apply any rule that may oblige payees accepting cards and other payment instruments based on these to also accept other payment instruments of the same brand and / or category , except if they are subject to the same regulated interchange fee .


### ‘ debit card transaction’ means an card payment transaction included with prepaid cards linked to a current or deposit access account to which a transaction is debited in less than or 48 hours after the transaction has been authorised / initiated . ### ‘ debit card transaction’ means a card payment transaction which is debited directly and finally from the card holder ' s payment account within the next days .


### ' debit card transaction ' means an card payment transaction included with prepaid cards linked to a current or deposit access account to which a transaction is debited in less than or 48 hours after the transaction has been authorised / initiated ; ### ‘ debit card transaction’ means a transaction carried out with a debit card . a debit card is a card all the payment transactions on which are debited immediately . prepaid cards are debit cards ;


### ‘ debit card transaction’ means an card payment transaction included with prepaid cards linked to a current or deposit access account to which a transaction is debited in less than or 48 hours after the transaction has been authorised / initiated . ### ' debit card transaction ' means a card payment transaction including prepaid cards linked to a current or deposit access account to which a transaction is debited in less than two business days after the receipt of the payment order by the issuer .


### for the effective functioning of the limitations to the honour all cards rule certain information is indispensable . first , payees should have the means to identify the different categories of cards . therefore , the various categories should be identifiable visibly and electronically on the device . secondly , also the payer should be informed about the acceptance of his payment instrument at a given point of sale . it is necessary that any limitation on the use of a given brand to be announced by the payee to the payer at the same time and under the same conditions as the information that a given brand is accepted . ### payees should have the means to identify the different categories of cards . therefore , the various categories should be identifiable electronically on the device . also the payer should be informed about the acceptance of his payment instrument at a given point of sale .


### payment schemes and payment service providers shall not apply any rule that may oblige payees accepting cards and other payment instruments issued by one issuing payment service provider within the framework of a payment instruments scheme to also accept other payment instruments of the same brand and / or category issued by other issuing payment service providers within the framework of the same scheme , except if they are subject to the same regulated interchange fee . ### payment schemes and payment service providers shall not apply any rule that may oblige payees accepting cards and other payment instruments issued by one issuing payment service provider within the framework of a payment instruments scheme to also accept other payment instruments of the same brand and / or category issued by other issuing payment service providers within the framework of the same scheme , except if they are subject to the same interchange fee which , moreover , complies with the caps set under this regulation .


### ‘ credit card transaction’ means an card payment transaction where the transaction is settled more than 48 hours after the transaction has been authorised / initiated ; ### ' credit card transaction ' means a card payment transaction where a transaction is debited in more than two business days after the receipt of the payment order by the issuer ;


### it is important to ensure that the provisions concerning the interchange fees to be paid or received by payment service providers are not circumvented by alternative flows of fees to issuing payment services providers . to avoid this , the ‘ net compensation’ of fees paid and received by the issuing payment service provider from a payment card scheme should be considered as the interchange fee . when calculating the interchange fee , for the purpose of checking whether circumvention is taking place the total amount of payments or incentives received by an issuing payment services provider from a payment card scheme with respect to the regulated transactions less the fees paid by the issuing payment services provider to the scheme should be taken into account . payments , incentives and fees considered could be direct or indirect . ### it is important to ensure that the provisions concerning the interchange fees to be paid or received by payment service providers are not circumvented by alternative flows of fees to issuing payment services providers . to avoid this , the ' net compensation ' of fees paid and received by the issuing payment service provider from a payment card scheme should be considered as the interchange fee . when calculating the interchange fee , for the purpose of checking whether circumvention is taking place the total amount of payments or incentives received by an issuing payment services provider from a payment card scheme with respect to the regulated transactions less the fees paid by the issuing payment services provider to the scheme and the monetary incentives or equivalent received by a cardholder from a payment card scheme should be taken into account . all payments , incentives and fees , whether direct or indirect , in addition to any monetary or other incentives directed at the cardholder , shall be considered under this assessment . for the purposes of this regulation , the estimated corresponding amount of direct or indirect incentives or equivalent should not be spread over more than a one - year period and should not be amortised for inflation or other purposes .


### with effect from two months after the entry into force of this regulation , payment services providers shall not offer or request for cross - border credit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0 , 3 % of the value of the transaction . ### with effect from six months after the entry into force of this regulation , payment services providers shall not offer or request for cross - border credit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than the lower amount of 14 eurocents or 0 , 15 % of the value of the transaction .


### issuing payment service providers shall ensure that their payment instruments are visibly and electronically identifiable , enabling payees to identify unequivocally which brands and categories of prepaid , debit , credit or commercial cards or card based payments based on these are chosen by the payer . ### issuing payment service providers shall ensure that their payment instruments are visibly and electronically identifiable , either in the device or on the payment terminal , enabling payees and payers to identify unequivocally which brands and categories of prepaid , debit , credit or commercial cards or card based payments based on these are chosen by the payer .


### this regulation lays down uniform technical and business requirements for payment card transactions carried out within the union , where both the payer ' s payment service provider and the payee ' s payment service provider are established therein . ### this regulation lays down uniform technical and business requirements for card based payment transactions carried out within the union , where both the payer ' s payment service provider and the payee ' s payment service provider are established therein .


### this regulation follows a gradual approach . as a first step , it is necessary to take measures to facilitate cross - border issuing and acquiring of payment card transactions . allowing merchants to choose an acquirer outside their own member state and imposing a maximum level of cross border interchange fees for cross border acquired transactions should provide the necessary legal clarity . in addition , licences for issuing or acquiring of payment instruments should be valid without geographic restrictions within the union . these measures would facilitate the smooth functioning of an internal market for card , internet and mobile payments , to the benefit of consumers and retailers . ### in order to facilitate the smooth functioning of an internal market for card , internet and mobile payments , to the benefit of consumers and retailers , it is necessary to take measures to facilitate cross - border issuing and acquiring of payment card transactions . allowing merchants to choose an acquirer outside their own member state and imposing the same maximum level of interchange fees for both domestically and cross border acquired transactions should provide the necessary legal clarity . in addition , licences for issuing or acquiring of payment instruments should be valid without geographic restrictions within the union .


### payment card schemes , issuers , acquirers and payment card handling infrastructure providers shall not insert automatic mechanisms , software or devices on the payment instrument or at equipment applied at the point of sale which limit the choice of application by the payer when using a co - badged payment instrument . ### payment card schemes , issuers , acquirers and payment card handling infrastructure providers shall not insert automatic mechanisms , software or devices on the payment instrument or at equipment applied at the point of sale which limit the choice of application by the payer when using a co - badged payment instrument . payees , on the other hand , shall retain the option of installing automatic mechanisms in the equipment used at the point of sale which make a priority selection of a particular brand or application , with the proviso that the payer must always be able to reject this choice in favour of his own preference .


### with effect from two months after the entry into force of this regulation , payment services providers shall not offer or request for cross - border debit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0 , 2 % of the value of the transaction . ### with effect from two months after the entry into force of this regulation , payment services providers shall not offer or request for cross - border debit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0 , 0 % of the value of the transaction .


### with effect from two months after the entry into force of this regulation , payment services providers shall not offer or request for cross - border debit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0 . 2% of the value of the transaction . ### with effect from two years after the entry into force of this regulation , the interchange fee applied on the weighted yearly average of all debit&#160 ; card transactions effected between issuers and acquirers shall not be more than 0 . 2% .


### for the purposes of the application of the caps referred to in article 3 and article 4 , any net compensation received by an issuing bank from a payment card scheme in relation to payment transactions or related activities shall be treated as part of the interchange fee . ### for the purposes of the application of the caps referred to in article 3 , any net compensation received by an issuing payment service provider in relation to payment transactions shall be treated as part of the interchange fee .


### any difference in treatment of issuers or acquirers in schemes rules and rules in licensing agreements concerning co - badging on a card , telecommunication , digital or it device shall be objectively justified and non - discriminatory . ### any difference in treatment of issuers acquirers in schemes rules and rules in licensing agreements concerning co - badging or equivalent co - residing of different brands or applications on a card , telecommunication , digital or it device shall be objectively justified and non - discriminatory .


### with effect from two months after the entry into force of this regulation , payment services providers shall not offer or request for cross - border debit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0 , 2 % of the value of the transaction . ### with effect from six months after the entry into force of this regulation , payment services providers shall not offer or request for debit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than the lower amount of 7 eurocents or 0 , 1 % of the value of the transaction .


### this regulation follows a gradual approach . as a first step , it is necessary to take measures to facilitate cross - border issuing and acquiring of payment card transactions . allowing merchants to choose an acquirer outside their own member state and imposing a maximum level of cross border interchange fees for cross border acquired transactions should provide the necessary legal clarity . in addition , licences for issuing or acquiring of payment instruments should be valid without geographic restrictions within the union . these measures would facilitate the smooth functioning of an internal market for card , internet and mobile payments , to the benefit of consumers and retailers . ### this regulation applies equally to cross - border and to national issuing and acquiring of payment card transactions . if merchants can choose an acquirer outside their own member state , which will be facilitated by the imposition of a maximum level of cross - border interchange fees for acquired transactions and the prohibition of territorial licensing , it should be possible to provide the necessary legal clarity and to prevent distortions of competition between payment - card systems .


### for domestic transactions , a transition period is necessary to provide payment services providers and schemes with time to adapt to the new requirements . therefore , after a two year period following the entry into force of this regulation and in order to provide for a completion of an internal market for card - based payments , the caps on interchange fees for consumer card transactions should be extended to cover all , cross - border and domestic payments . ### for domestic transactions , a transition period is necessary to provide payment services providers and schemes with time to adapt to the new requirements . therefore , after a one year period following the entry into force of this regulation and in order to provide for a completion of an internal market for card - based payments , the caps on interchange fees for consumer card transactions should be extended to cover all , cross - border and domestic payments .


### ‘ three party payment card scheme’ means a payment card scheme in which payments are made from a payment account held by the scheme on behalf of the cardholder to a payment account held by the scheme on behalf of the payee , and card based transactions based on the same structure . when a three party payment card scheme licenses other payment service providers for the issuance and / or the acquiring of payment cards , it is considered as a four party payment card scheme ; ### ‘ three party payment card scheme’ means a payment card scheme in which payments can be made from a payment account held by the scheme on behalf of the cardholder to a payment account held by the scheme on behalf of the payee , and card based transactions based on the same structure . when a three party payment card scheme licenses other payment service providers for the issuance and / or the acquiring of payment cards , it is considered as a four party payment card scheme ;


### with effect from two months after the entry into force of this regulation , payment services providers shall not offer or request for cross - border credit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0 , 3 % of the value of the transaction . ### starting two months after the entry into force of this regulation , the per transaction interchange fee or other agreed remuneration with an equivalent object or effect offered or requested by payment service providers for cross - border credit card transactions shall be gradually reduced so that after five years interchange fees do not exceed 0 , 3 % of the value of the transaction . to that end , interchange fees shall start at a level not exceeding 0 . 8% of the value of the transaction and shall be reduced by 0 . 1 percentage points per year , so that the final target value is reached after five years .


### issuing payment service providers shall ensure that their payment instruments are visibly and electronically identifiable , enabling payees to identify unequivocally which brands and categories of prepaid , debit , credit or commercial cards or card based payments based on these are chosen by the payer . ### by . . . * [ one year after the entry into force of this regulation ] issuing payment service providers shall ensure that their payment instruments are electronically identifiable , enabling payees to identify unequivocally which brands and categories of prepaid , debit , credit or commercial cards or card based payments based on these are chosen by the payer .


### in order to facilitate cross border acquiring all ‘ consumer’ debit card transactions and card based payment transaction should have a maximum interchange fee of 0 , 20% and all consumer credit card transactions and card based payment transactions based on those should have a maximum interchange fee of 0 . 30% . ### in order to facilitate cross border acquiring all debit card transactions and card based payment transaction should not have interchange fee and all credit card transactions and card based payment transactions based on those should have a maximum interchange fee of 0 . 10% .


### for the effective functioning of the limitations to the honour all cards rule certain information is indispensable . first , payees should have the means to identify the different categories of cards . therefore , the various categories should be identifiable visibly and electronically on the device . secondly , also the payer should be informed about the acceptance of his payment instrument at a given point of sale . it is necessary that any limitation on the use of a given brand to be announced by the payee to the payer at the same time and under the same conditions as the information that a given brand is accepted . ### for the effective functioning of the limitations to the honour all cards rule certain information is indispensable . first , payees and payers should have the means to identify the different categories of cards . therefore , the various categories should be identifiable visibly and electronically , either on the device or on the payment terminal . secondly , also the payer should be informed about the acceptance of his payment instrument at a given point of sale . it is necessary that any limitation on the use of a given brand to be announced by the payee to the payer , at the latest at the same time and under the same conditions as the information that a given brand is accepted .


### any routing principles aimed at directing transactions through a specific channel or process and other technical and security standards and requirements with respect to the handling of more than one payment card brand on a card , telecommunication , digital or it device shall be non - discriminatory and shall be applied in a non - discriminatory manner . ### any routing principles aimed at directing transactions through a specific channel or process and other technical and security standards and requirements with respect to the handling of more than one payment card brand or equivalent on a card , telecommunication , digital or it device shall be non - discriminatory and shall be applied in a non - discriminatory manner .


### ‘ credit card transaction’ means an card payment transaction where the transaction is settled more than 48 hours after the transaction has been authorised / initiated ; ### ‘ credit card transaction’ means a card payment transaction where the transaction is settled more than 48 hours after the transaction has been cleared ;


### four years after the entry into force of this regulation , the commission shall present to the european parliament and to the council a report on the application of this regulation . the commission’s report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges , taking into account the use and cost of the various means of payments and the level of entry of new players and new technology on the market . ### four years after the entry into force of this regulation , the commission shall present to the european parliament and to the council a report on the application of this regulation . the commission’s report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges , taking into account the use and cost of the various means of payments and the level of entry of new players and new technology on the market , and the impact on consumers and merchants .


### ‘ credit card transaction’ means an card payment transaction where the transaction is settled more than 48 hours after the transaction has been authorised / initiated ; ### ' credit card transaction ' means a card payment transaction where a transaction is debited in more than two business days after the receipt of the payment order by the issuer .


### as a consequence of unilateral undertakings and commitments accepted in the framework of competition proceedings , many cross - border card payment transactions in the union are already carried out respecting the maximum interchanges fees applicable to the first phase of this regulation . therefore , the provisions relating to those transactions should enter into force quickly , creating opportunities for retailers to seek cheaper acquiring services cross - border , and incentivising domestic banking communities or schemes to lower their acquiring fees . ### as a consequence of unilateral undertakings and commitments accepted in the framework of competition proceedings , many cross - border card payment transactions in the union are already carried out respecting the maximum interchanges fees applicable . therefore , all the provisions relating to those transactions and to national transactions should enter into force simultaneously and within a reasonable period of time , taking account of the difficulty and complexity of the migration of payment - card systems , which this regulation necessitates .


### payment card schemes , issuers , acquirers and payment card handling infrastructure providers shall not insert automatic mechanisms , software or devices on the payment instrument or at equipment applied at the point of sale which limit the choice of application by the payer when using a co - badged payment instrument . ### payment card schemes , issuers , acquirers and payment card handling infrastructure providers shall not insert automatic mechanisms , software or devices on the payment instrument or at equipment applied at the point of sale which limit the choice of application by the payer and the payee when using a co - badged payment instrument . payees shall not prevent the payer ' s ability , for the categories of cards or related payment instruments accepted by the payee , to override an automatic priority selection made by the payee in his equipment .


### four years after the entry into force of this regulation , the commission shall present to the european parliament and to the council a report on the application of this regulation . the commission ' s report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges , taking into account the use and cost of the various means of payments and the level of entry of new players and new technology on the market . ### four years after the entry into force of this regulation , the commission shall present to the european parliament and to the council a report on the application of this regulation . the commission ' s report shall look in particular at the appropriateness of the levels of interchange fees , and at steering mechanisms such as charges , and at the impact of this regulation on consumers and small merchants , taking into account the use and cost of the various means of payments and the level of entry of new players and new technology on the market .


### ‘ cross - border payment transaction’ means a card payment or card - based payment transaction initiated by a payer or by a payee where the payer ' s payment service provider and the payee ' s payment service provider are established in different member states or where the payment card is issued by an issuing payment service provider established in a different member state than that of the point of sale ; ### ‘ cross - border payment transaction’ means a card payment or card - based payment transaction initiated by a payer or by a payee where the payer ' s payment service provider and the payee ' s payment service provider are established in different member states or where the payment card is issued by an issuing payment service provider established in a different member state than that of the point of sale , including when a payee is using the services of an acquirer located in another member state ;


### payment schemes and payment service providers shall not apply any rule that may oblige payees accepting cards and other payment instruments issued by one issuing payment service provider within the framework of a payment instruments scheme to also accept other payment instruments of the same brand and / or category issued by other issuing payment service providers within the framework of the same scheme , except if they are subject to the same regulated interchange fee . ### payment schemes and payment service providers shall not apply any rule that may oblige payees accepting cards and other payment instruments issued by one issuing payment service provider within the framework of a payment instruments scheme to also accept other payment instruments of the same brand and / or category issued by other issuing payment service providers within the framework of the same scheme , except if they are subject to the same interchange fee which , moreover , complies with the caps set under this regulation .