### where there is more than one competent authority for matters covered by this title on its territory , member states shall ensure that those authorities cooperate closely so that they can discharge their respective duties effectively . the same applies in cases where the authorities competent for matters covered by this title are not the competent authorities responsible for the supervision of credit institutions . ### where the authority competent for matters covered by this title is not the competent authority responsible for the supervision of credit institutions member states shall ensure that those authorities cooperate closely so that they can discharge their respective duties effectively .


### member states shall require that before the payment service user is bound by any single payment service contract or offer , the payment service provider , in an easily accessible manner , makes available to the payment service user the information and conditions specified in article 38 . at the payment service user ' s request , the payment service provider shall provide the information and conditions on paper or on another durable medium . the information and conditions shall be given in easily understandable words and in a clear and comprehensible form , in an official language of the member state where the payment service is offered or in any other language agreed between the parties . ### member states shall require that before the payment service user is bound by any single payment service contract or offer , the payment service provider , in an easily accessible manner , makes available to the payment service user the information and conditions specified in article 38 with regard to its own services . at the payment service user ' s request , the payment service provider shall provide the information and conditions on paper or on another durable medium . the information and conditions shall be given in easily understandable words and in a clear and comprehensible form , in an official language of the member state where the payment service is offered or in any other language agreed between the parties .


### member states shall ensure that for payment initiation services , the third party payment service provider shall provide the payer with information about the service offered and contact information to the third party payment service provider . ### member states shall ensure that for payment initiation services , the third party payment service provider shall , prior to initiation , provide the payer with the following information : the registration number of the third party payment service provider , and the name of the responsible supervisory authority ; the maximum time - limit within which the payment order is to be transmitted ; all possible charges payable by the payment service user to the third party payment service provider and , where applicable , the breakdown of the amounts of any charges ; where applicable , the actual or reference exchange rate to be applied ; contact information of the third party payment service provider to resolve any issue with the service offered .


### where a third party payment service provider , at the request of the payer , initiates a payment order , it shall provide or make available to the payer and , where applicable , the payee , immediately after initiation , the following data : ### where a third party payment service provider , at the request of the payer , initiates a payment order , it shall provide to the payer and , where applicable , the payee , immediately after initiation , the following data :


### where applicable , the amount of any charges for the payment transaction and , where applicable , a breakdown thereof . ### where applicable , the amount of any charges payable to the third party payment service provider for the transaction and , where applicable , a breakdown thereof .


### immediately after receipt of the payment order , the payer ' s payment service provider shall provide or make available to the payer , in the same way as provided for in article 37 , the following data : ### immediately after receipt of the payment order , the payer ' s payment service provider shall provide or make available to the payer , in the same way as provided for in article 37 , the following data if they are available to him in person :


### immediately after receipt of the payment order , the payer’s payment service provider shall provide or make available to the payer , in the same way as provided for in article 37 , the following data : ### immediately after receipt of the payment order , the account servicing payment service provider shall provide or make available to the payer , in the same way as provided for in article 37 , the following data with regard to its own services :


### immediately after receipt of the payment order , the payer ' s payment service provider shall provide or make available to the payer , in the same way as provided for in article 37 , the following data : ### immediately after receipt of the payment order , the payer ' s payment service provider shall provide or make available to the payer , in the same way as provided for in article 37 , the following data with regard to its own services :


### immediately after the execution of the payment transaction , the payee ' s payment service provider shall provide or make available to the payee , in the same way as provided for in article 37 , all of the following data : ### immediately after the execution of the payment transaction , the payee ' s payment service provider shall provide or make available to the payee , in the same way as provided for in article 37 , all of the following data with regard to its own services :


### immediately after the execution of the payment transaction , the payee’s payment service provider shall provide or make available to the payee , in the same way as provided for in article 37 , all of the following data : ### immediately after the execution of the payment transaction , the payee ' s payment service provider shall provide or make available to the payee , in the same way as provided for in article 37 , all of the following data if they are available to him in person :


### member states shall require that , in good time before the payment service user is bound by any framework contract or offer , the payment service provider provide the payment service user on paper or on another durable medium with the information and conditions specified in article 45 . the information and conditions shall be given in easily understandable words and in a clear and comprehensible form , in an official language of the member state where the payment service is offered or in any other language agreed between the parties . ### member states shall require that , in good time before the payment service user is bound by any framework contract or offer , the payment service provider makeavailable or , on the request of the payment service user , provide the payment service user on paper or on another durable medium with the information and conditions specified in article 45 . the information and conditions shall be given in easily understandable words and in a clear and comprehensible form , in an official language of the member state where the payment service is offered or in any other language agreed between the parties .


### the form of and procedure for giving consent to initiate or execute a payment transaction and withdrawal of such consent in accordance with articles 57 and 71 ; ### the form of and procedure for giving consent to initiate a payment order or execute a payment transaction and withdrawal of such consent in accordance with articles 57 and 71 ;


### if agreed , information that the payment service user will be deemed to have accepted changes in the conditions in accordance with article 47 , unless he notifies the payment service provider that he does not accept them before the date of their proposed date of entry into force ; ### if agreed , except where the change is clearly and unambiguously more favourable to payment service users under article 47 , information that the payment service user will be deemed to have accepted changes in the conditions in accordance with article 47 , unless he notifies the payment service provider that he does not accept them before the date of their proposed date of entry into force ;


### any changes in the framework contract as well as the information and conditions specified in article 45 , shall be proposed by the payment service provider in the same way as provided for in article 44 and no later than two months before their proposed date of application . ### any changes in the framework contract which are not clearly and unambiguously more favourable to payment service users as well as the information and conditions specified in article 45 , shall be proposed by the payment service provider in the same way as provided for in article 44 no later than two months before their proposed date of application .


### changes in the interest or exchange rates may be applied immediately and without notice , provided that such a right is agreed upon in the framework contract and that the changes are based on the reference interest or exchange rates agreed on in accordance with points and of article 45 . the payment service user shall be informed of any change in the interest rate at the earliest opportunity in the same way as provided for in article 44 , unless the parties have agreed on a specific frequency or manner in which the information is to be provided or made available . however , changes in interest or exchange rates which are more favourable to the payment service users , may be applied without notice . ### changes in the interest or exchange rates may be applied immediately and without notice , provided that such a right is agreed upon in the framework contract and that the changes in the interest or exchange rates are based on the reference interest or exchange rates agreed on in accordance with points and of article 45 . the payment service user shall be informed of any change in the interest rate at the earliest opportunity in the same way as provided for in article 44 , unless the parties have agreed on a specific frequency or manner in which the information is to be provided or made available . however , changes in interest or exchange rates which are more favourable to the payment service users , and changes to the framework contract which are clearly and unambiguously more favourable to payment service users , may be applied without notice .


### however , member states may require payment service providers to provide information on paper once a month free of charge . ### however , member states may require payment service providers to provide or make available information on paper once a month free of charge . the payer shall immediately take note of the information received from or made available by his payment service provider .


### however , member states may require payment service providers to provide information on paper once a month free of charge . ### however , member states may require payment service providers to provide information on paper or another durable medium once a month free of charge .


### however , member states may require payment service providers to provide information on paper once a month free of charge . ### however , member states may require payment service providers to provide or make available information on paper once a month free of charge . the payee shall immediately take note of the information received from or made available by his payment service provider .


### the payment service provider may not charge the payment service user for fulfilment of its information obligations or corrective and preventive measures under this title , unless otherwise specified in articles&#160 ; 70 , 71 and 79 . those charges shall be agreed between the payment service user and the payment service provider and shall be appropriate and in line with the payment service provider ' s actual costs . ### the payment service provider may not charge the payment service user for fulfilment of its information obligations or corrective and preventive measures under this title , unless otherwise specified in articles&#160 ; 70 , 71 and 79 . those charges shall be agreed between the payment service user and the payment service provider and shall be appropriate and in line with the payment service provider ' s actual costs . upon inquiry , the payment service provider must disclose the actual cost of the payment transaction .


### member states shall ensure that a payer has the right to make use of a third party payment service provider to obtain payment services enabling access to payment accounts as referred to in point of annex i . ### member states shall ensure that a payer , provided that he holds a payment account that can be accessed via online banking , has the right to make use of a third party payment service provider , to obtain payment services enabling access to payment accounts as referred to in point of annex i . member states shall ensure that a payer has the right to make use of a third party payment instrument issuer to obtain payment card services .


### to authenticate itself in an unequivocal manner towards the account servicing payment service provider of the account owner . ### to authenticate itself towards the account servicing payment service provider , at the request of the payment service user , using the personalised security features which have been supplied to it by the account servicing payment service provider at the request of the payment service user and in accordance with the conditions stipulated between the account servicing payment service provider and the third party payment service provider .


### not to store sensitive payment data or personalised security credentials of the payment service user . ### not to store sensitive payment data or personalised security features of the payment service user .


### account servicing payment service providers shall treat payment orders transmitted through the services of a third party payment instrument issuer without any discrimination for other than objective reasons in terms of timing and priority in respect of payment orders transmitted directly by the payer personally . ### account servicing payment service providers shall treat payment orders transmitted through the services of that payment instrument issuer without any discrimination for other than objective reasons in terms of timing and priority in respect of payment orders transmitted directly by the payer personally , on condition that the payer has supplied evidence of his consent to the account servicing payment service provider .


### member states shall require that , where a payment service user denies having authorised an executed payment transaction or claims that the payment transaction was not correctly executed , it is for the payment service provider and , if involved and as appropriate , the third party payment service provider , to prove that the payment transaction was authenticated , accurately recorded , entered in the accounts and not affected by a technical breakdown or some other deficiency . ### member states shall require that , where a payment service user denies having authorised an executed payment transaction or claims that the payment transaction was not correctly executed , it is for the payment service provider and , where a third party payment service provider is involved , for the latter to the extent of its involvement , to prove that the payment transaction was authenticated , accurately recorded , entered in the accounts and not affected by a technical breakdown or some other deficiency .


### if the payment transaction has been initiated through a third party payment service provider , the burden shall be on the latter to prove that the payment transaction was not affected by a technical breakdown or other deficiencies linked to the payment service it is in charge of . ### if the payment service user initiates the payment transaction through a third party payment service provider , the burden shall be on the latter to prove that it authenticated and accurately recorded the payment order and that the payment order was not affected by a technical breakdown or other deficiencies linked to the payment service it is in charge of .


### if the payment transaction has been initiated through a third party payment service provider , the burden shall be on the latter to prove that the payment transaction was not affected by a technical breakdown or other deficiencies linked to the payment service it is in charge of . ### if the payment service user initiates the payment transaction through a third party payment service provider , the burden shall be on the latter to prove that the payment transaction was authenticated , accurately recorded and not affected by a technical breakdown or other deficiencies linked to the payment service it is in charge of .


### where a payment service user denies having authorised an executed payment transaction , the use of a payment instrument recorded by the payment service provider , including the third party payment service provider as appropriate , shall in itself not necessarily be sufficient to prove either that the payment transaction was authorised by the payer or that the payer acted fraudulently or failed with intent or gross negligence to fulfil one or more of the obligations under article 61 . ### does not affect english version . linguistic correction to french text .


### member states shall ensure that , without prejudice to article&#160 ; 63 , in the case of an unauthorised payment transaction , the payer ' s payment service provider refunds to the payer immediately the amount of the unauthorised payment transaction and , where applicable , restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place . this shall also ensure that the credit value date for the payer ' s payment account shall be no later than the date the amount had been debited . ### member states shall ensure that , without prejudice to article&#160 ; 63 , in the case of an unauthorised payment transaction , the payer ' s payment service provider refunds to the payer the amount of the unauthorised payment transaction and , where applicable , taking into account the value date initially applied , restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place , subject to the following conditions : if the payment service provider can , prima facie , rule out the payer ' s having acted fraudulently , it shall refund the amount immediately ; b ) should there be a strong suspicion of fraud by the payer , the payment service provider may carry out an investigation within a time limit appropriate to the circumstances and refund the amount if the payer is not found liable ; c ) in other cases , the payer shall be reimbursed immediately and shall agree to his account being debited if the payment service provider’s investigation establishes that he is liable .


### where a third party payment service provider is involved , the account servicing payment service provider shall refund the amount of the unauthorised payment transaction and , where applicable , restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place . financial compensation to the account servicing payment service provider by the third party payment service provider may be applicable . ### where a third party payment service provider is involved , the account servicing payment service provider shall inform the payment service user of any unauthorised payment transaction caused by a payment order transmitted by a third party payment service provider . in such a case , the latter shall , within one business day , refund the amount of the unauthorised payment transaction on the payer ' s account held by the account servicing payment service provider and , where applicable , compensation for loss of interest in order to restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place .


### for direct debits the payer has an unconditional right for refund within the time limits set in article 68 , except where the payee has already fulfilled the contractual obligations and the services have already been received or the goods have already been consumed by the payer . at the payment service provider’s request , the payee shall bear the burden to prove that the conditions referred to in the third subparagraph . ### for direct debits the framework contract between the payer and his payment service provider may stipulate that the payer has a right for refund within the time limits set in article 68 , even where the two conditions referred to in the first subparagraph are not met .


### where the payment service provider refuses to execute a payment order , the refusal and , if possible , the reasons for it and the procedure for correcting any factual mistakes that led to the refusal shall be notified to the payment service user , unless prohibited by other relevant union or national legislation . ### where the payment service provider including , as appropriate , the third party payment service provider refuses to execute a payment order , the refusal and , if possible , the reasons for it and the procedure for correcting any factual mistakes that led to the refusal shall be notified to the payment service user , unless prohibited by other relevant union or national legislation .


### this section shall apply to other payment transactions , unless otherwise agreed between the payment service user and the payment service provider , with the exception of article 78 , which is not at the disposal of the parties . however , when the payment service user and the payment service provider agree on a longer period than those laid down in article 74 , for intra - union payment transactions such period shall not exceed 4 business days following the point in time of receipt in accordance with article 69 . ### this section shall apply to other payment transactions , unless otherwise agreed between the payment service user and the payment service provider , with the exception of article 78 , which is not at the disposal of the parties . however , when the payment service user and the payment service provider agree on a longer period than those laid down in article 74 , for intra - union payment transactions such period shall not exceed 4 business days following the point in time of receipt in accordance with article 69 in so far as the longer period adopted by the payment service provider complies with other legal obligations covered by national and union law .


### where the payer ' s payment service provider or a third party payment service provider is liable under the first or the second subparagraph , the relevant payment service provider shall without undue delay refund to the payer the amount of the non - executed or defective payment transaction , and , where applicable , restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place . the credit value date for the payer’s payment account shall be no later than the date the amount had been debited . ### where the payer ' s payment service provider is liable under the first or the second subparagraph , it shall without undue delay refund to the payer the amount of the non - executed or defective payment transaction , and , where applicable , taking into account the value date initially applied , restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place . where the third party payment service provider is liable under the second subparagraph , it shall without undue delay refund to the payer the amount of the non - executed or defective payment transaction and , where applicable , compensate the payer for the consequences of the non - execution or defective execution of the payment transaction .


### where the payer ' s payment service provider or a third party payment service provider is liable under the first or the second subparagraph , the relevant payment service provider shall without undue delay refund to the payer the amount of the non - executed or defective payment transaction , and , where applicable , restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place . the credit value date for the payer ' s payment account shall be no later than the date the amount had been debited . ### where the payer ' s payment service provider or a third party payment service provider is liable under the first or the second subparagraph , the relevant payment service provider shall without undue delay refund to the payer the amount of the non - executed or defective payment transaction , and , where applicable , restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place . the credit value date for the payer ' s payment account shall be no later than the date the amount had been debited . where this is no longer technically possible , the payer shall also be compensated for loss of interest .


### in the case of a non - executed or defectively executed payment transaction where the payment order is initiated by the payer , the payment service provider shall regardless of liability under this paragraph , on request , make immediate efforts to trace the payment transaction and notify the payer of the outcome . this shall be free of charge for the payer . ### in the case of a non - executed or defectively executed payment transaction where the payment order is initiated by the payer , the payer ' s payment service provider shall regardless of liability under this paragraph , on request , make immediate efforts to trace the payment transaction and notify the payer of the outcome . this shall be free of charge for the payer .


### where a payment order is initiated by or through the payee , the payment service provider shall , without prejudice to article 63 , article 79 and , and article 83 , be liable to the payee for correct transmission of the payment order to the payment service provider of the payer in accordance with article 74 . where the payee ' s payment service provider is liable under this subparagraph , he shall immediately re - transmit the payment order in question to the payment service provider of the payer . in the case of a late transmission of the payment order , the amount shall be value dated on the payee ' s payment account no later than the date the amount should have been value dated in case of correct execution . ### where a payment order is initiated by or through the payee , the payment service provider shall , without prejudice to article 63 , article 79 and , and article 83 , be liable to the payee for correct transmission of the payment order to the payment service provider of the payer in accordance with article 74 . where the payee ' s payment service provider is liable under this subparagraph , he shall immediately re - transmit the payment order in question to the payment service provider of the payer . in the case of a late transmission of the payment order , the amount shall be value dated on the payee ' s payment account no later than the date the amount should have been value dated in case of correct execution . where this is no longer technically possible , the payer shall also be compensated for loss of interest .


### in addition , the payment service provider of the payee shall , without prejudice to article 63 , article 79 and , and article 83 , be liable to the payee for handling the payment transaction in accordance with its obligations under article 78 . where the payee ' s payment service provider is liable under this subparagraph , it shall ensure that the amount of the payment transaction is at the payee ' s disposal immediately after that amount is credited to the payee ' s payment service provider ' s account . the amount shall be value dated on the payee ' s payment account no later than the date the amount should have been value dated in case of correct execution . ### in addition , the payment service provider of the payee shall , without prejudice to article 63 , article 79 and , and article 83 , be liable to the payee for handling the payment transaction in accordance with its obligations under article 78 . where the payee ' s payment service provider is liable under this subparagraph , it shall ensure that the amount of the payment transaction is at the payee ' s disposal immediately after that amount is credited to the payee ' s payment service provider ' s account . the amount shall be value dated on the payee ' s payment account no later than the date the amount should have been value dated in case of correct execution . where this is no longer technically possible , the payer shall also be compensated for loss of interest .


### in the case of a non - executed or defectively executed payment transaction for which the payee ' s payment service provider is not liable under the first and second subparagraphs , the payer ' s payment service provider shall be liable to the payer . where the payer ' s payment service provider is so liable he shall , as appropriate and without undue delay , refund to the payer the amount of the non - executed or defective payment transaction and restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place . the credit value date for the payer ' s payment account shall be no later than the date the amount had been debited . ### in the case of a non - executed or defectively executed payment transaction for which the payee ' s payment service provider is not liable under the first and second subparagraphs , the payer ' s payment service provider shall be liable to the payer . where the payer ' s payment service provider is so liable he shall , as appropriate and without undue delay , refund to the payer the amount of the non - executed or defective payment transaction and restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place . the credit value date for the payer ' s payment account shall be no later than the date the amount had been debited . where this is no longer technically possible , the payer shall also be compensated for loss of interest .


### in the case of a late executed payment transaction , the payer may decide that the amount shall be value dated on the payee ' s payment account no later than the date the amount should have been value dated in case of correct execution . ### in the case of a late executed payment transaction , the payer may decide that the amount shall be value dated on the payee ' s payment account no later than the date the amount should have been value dated in case of correct execution . where this is no longer technically possible , the payer shall also be compensated for loss of interest .


### where the liability of a payment service provider under article&#160 ; 80 is attributable to another payment service provider or to an intermediary , that payment service provider or intermediary shall compensate the first payment service provider for any losses incurred or sums paid under article&#160 ; 80 . this shall include compensation where any of the payment service providers fail to use strong customer authentication . ### where the liability of a payment service provider under article&#160 ; 80 is attributable to another payment service provider or to an intermediary , that payment service provider or intermediary shall compensate the first payment service provider for any losses incurred or sums paid under article&#160 ; 80 . this shall include compensation where any of the payment service providers fail to use strong authentication .


### where the liability of a payment service provider under article 80 is attributable to another payment service provider or to an intermediary , that payment service provider or intermediary shall compensate the first payment service provider for any losses incurred or sums paid under article 80 . this shall include compensation where any of the payment service providers fail to use strong customer authentication . ### where the liability of a payment service provider under articles 65 and 80 is attributable to another payment service provider or to an intermediary , that payment service provider or intermediary shall compensate the first payment service provider for any losses incurred or sums paid under articles 65 and 80 . this shall include compensation where any of the payment service providers fail to use strong customer authentication .


### the authority designated under article 6 of directive [ nis directive ] [ op please insert number of directive once adopted ] shall without undue delay inform the competent authority in the home member state and eba of the notifications of nis incidents received from payment services providers . ### , payment service providers shall , without undue delay , notify any major operational incident , including security incidents , to the competent authority in the home member state of the payment service provider .


### in addition to the provisions of article 14 of directive [ nis directive ] [ op please insert number of directive once adopted ] , where the security incident has the potential of impacting the financial interests of the payment service users of the payment service provider , it shall without undue delay notify its payment service users of the incident and inform them of possible mitigation measures that they can take on their side to mitigate the adverse effects of the incident . ### where the security incident has the potential of impacting the financial interests of the payment service users of the payment service provider , it shall without undue delay notify its payment service users of the incident and inform them of the possible mitigation measures that they can take on their side to mitigate the adverse effects of the incident


### where a payment service provider provides services referred to in point 7 of annex i , it shall authenticate itself towards the account servicing payment service provider of the account owner . ### where a payment service provider provides services referred to in point 7 of annex i , it shall authenticate itself towards the account servicing payment service provider of the account owner in accordance with the conditions agreed between the two payment service providers .


### member states shall designate competent authorities to ensure and monitor effective compliance with this directive . those competent authorities shall take all necessary measures to ensure such compliance . they shall be independent from payment service providers . they shall be competent authorities within the meaning of article 4 of regulation 1039 / 2010 . ### member states shall designate competent authorities to ensure and monitor effective compliance with this directive . those competent authorities shall take all necessary measures to ensure such compliance . they shall be independent from payment service providers . they shall be competent authorities within the meaning of article 4 of regulation 1093 / 2010 .


### the authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties . where more than one competent authority is empowered to ensure and monitor effective compliance with this directive , member states shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively . ### the authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties .


### member states shall require that payment service providers make every possible effort to reply , in writing , to the payment service users ' complaints , addressing all points raised , within an adequate timeframe and at the latest within 15 business days . in exceptional situations , if the answer cannot be given within 15 business days for reasons beyond the control of the payment service provider , it shall be required to send a holding reply , clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the consumer will receive the final reply . that deadline may not , in any case , exceed another 30 business days . ### member states shall require that payment service providers make every possible effort to reply , in writing , to the payment service users ' complaints , addressing all points raised , within an adequate timeframe and at the latest within 15 business days . in exceptional situations , if the answer cannot be given within 15 business days for reasons beyond the control of the payment service provider , it shall be required to send a holding reply , clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the consumer will receive the final reply . that deadline may not , in any case , exceed another 30 business days . where a member state has more comprehensive complaint resolution procedures governed by the national competent authority the member state ' s rules may be applied .


### strategy papers shall set out the priority areas selected for financing by the union during the period of validity of this regulation , the specific objectives , the expected results and the performance indicators . they shall also give the indicative financial allocation , both overall and per priority area ; this may be given in the form of a range , where appropriate . ### strategy papers shall set out the priority areas selected for financing by the union during the period of validity of this regulation , the specific objectives , the expected results and the performance indicators . they shall also give the indicative financial allocation , both overall and per priority area ; this may be given in the form of a range , where appropriate , with a variation of not more than 10 % of the lower indicative amount .


### strategy papers shall be approved in accordance with the procedure laid down in article 15 of the common implementing regulation . when significant changes of circumstances and policy so require , strategy papers shall be updated in accordance with the same procedure . ### strategy papers shall be approved in accordance with the procedure laid down in article 15 of the common implementing regulation . when significant changes of circumstances and policy so require and the implied budgetary impact is higher than the financial threshold as referred to in article 2 of the common implementing regulation , strategy papers shall be updated in accordance with the same procedure .


### by council decisions 2009 / 102 / ec of 4 november 2009 , 2009 / 290 / ec of 20 january 2009 and 2009 / 459 / ec of 26 june 2009 hungary , latvia and romania were granted such financial assistance . ### by council decisions 2009 / 102 / ec of 4 november 2009 , 2009 / 290 / ec of 20 january 2009 and 2009 / 459 / ec of 26 may 2009 hungary , latvia and romania were granted such financial assistance .


### the period during which the assistance is available under regulations 407 / 2010 and 332 / 2002 is set out in the respective council implementing decisions . the council decision granting assistance to hungary expired on 4 november 2010 . ### the period during which the assistance is available to ireland , hungary , latvia , portugal and romania is set out in the respective council implementing decisions . the period during which assistance was made available to hungary expired on 4 november 2010 .


### on 11 july 2011 , finance ministers of the 17 euro - area member states signed the treaty establishing the european stability mechanism . it is foreseen that by 2013 , the esm will assume the tasks currently fulfilled by the european financial stability facility and the european financial stabilisation mechanism . ### on 11 july 2011 , finance ministers of the 17 euro - area member states signed the treaty establishing the european stability mechanism . under that treaty , which is a consequence of the european council decision of 25 march 2011 , the esm will , by 2013 , assume the tasks currently fulfilled by the european financial stability facility and the european financial stabilisation mechanism . this future mechanism should therefore already be taken into account in this regulation .


### in order to facilitate the management of union funding , to help accelerate investments in member states and regions and to improve the availability of funding to the economy it is necessary to allow the increase of interim payments from the european fisheries fund by an amount corresponding to ten percentage points above the actual co - financing rate for each priority axis for member states which are facing serious difficulties with respect to their financial stability . ### in order to facilitate the management of union funding , to help accelerate investments in member states and regions and to improve the availability of funding to the economy it is necessary to allow , in justified cases , temporarily and without prejudice to the 2014 to 2020 programming period , an increase of interim payments from the european fisheries fund by an amount corresponding to ten percentage points above the actual co - financing rate for each priority axis for member states which are facing serious difficulties with respect to their financial stability and which have requested to benefit from this measure , resulting in a corresponding reduction in the national counterpart . due to the temporary nature of that increase and in order to maintain the original co - financing rates as the reference point for calculation of the temporarily increased amounts , the changes resulting from application of the mechanism should not be reflected in the financial plan included in the operational programme . however , it should be possible to update operational programme in order to concentrate the funds on competitiveness , growth and employment and in order to align their targets and objectives with the decrease of total funding available .


### after the end of the period during which financial assistance has been made available , the outcomes of evaluations carried out in accordance with article 18 might highlight the need to assess , inter alia , whether the reduction of the national co - funding does not lead to a significant departure from the goals initially set . such evaluation might lead to the revision of the operational programme . ### after the end of the period during which financial assistance has been made available , the evaluations carried out in accordance with article 18 might need to assess , inter alia , whether the reduction of the national co - funding does not lead to a significant departure from the goals initially set . such evaluation might lead to the revision of the operational programme .


### as the unprecedented crisis affecting international financial markets and the economic donwturn which have seriously damaged the financial stability of several member states necessitates a rapid response in order to counter the effects on the economy as a whole , this regulation should enter into force as soon as possible and apply retroactively for the periods during which the member states received financial assistance from the union or from other euro - area member states in order to address serious difficulties with respect to their financial stability , ### as the unprecedented crisis affecting international financial markets and the economic donwturn which have seriously damaged the financial stability of several member states necessitates a rapid response in order to counter the effects on the economy as a whole , this regulation should enter into force as soon as possible . given the exceptional circumstances of the member states concerned , it should apply retroactively , starting either from the budgetary year of 2010 or from the starting day when the financial assistance was made available , depending on the requesting member state ' s status , for the periods during which the member states received financial assistance from the union or from other euro - area member states in order to address serious difficulties with respect to their financial stability ,


### by way of derogation from article 53 , on the request of a member state , payments of the final balance may be increased , by an amount corresponding to ten percentage points above the co - financing rate applicable to each priority axis , to be applied to the amount of eligible public expenditure newly declared in each certified statement of expenditure submitted during the period in which a member state meets one of the following conditions : ### by way of derogation from article 53 , at the request of a member state , payments of the final balance shall be increased , by an amount corresponding to ten percentage points above the co - financing rate applicable to each priority axis up to a maximum of one hundred per cent , to be applied to the amount of eligible public expenditure newly declared in each certified statement of expenditure submitted during the period in which a member state meets one of the conditions laid down in points to of article 76 .


### notwithstanding article 76 paragraph 3 , and article 77 paragraph 2 , the union contribution through interim payments and payments of the final balance shall not be higher than the public contribution and the maximum amount of assistance from the funds for each priority axis and objective as laid down in the decision of the commission approving the operational programme . ### notwithstanding articles 76 and 77 , the union contribution through interim payments and payments of the final balance shall not be higher than the public contribution and the maximum amount of assistance from the funds for each priority axis and objective as laid down in the decision of the commission approving the operational programme .


### however , it shall apply retroactively to the following member states with effect from the moment financial assistance was made available to them : ### however , it shall apply retroactively to the following member states : in the cases of ireland , greece and portugal with effect from the day when the financial assistance was made available to these member states pursuant to article 76 , and in the cases of hungary , latvia and romania with effect from 1 january 2010 .


### the use of advisory services should help farmers to assess the performance of their agricultural holding and identify necessary improvements with regard to the statutory management requirements and the good agricultural and environmental condition as provided for in council regulation no 73 / 2009 of 19 january 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers and the community standards relating to occupational safety . taking into account that the support for the use of advisory services has been available already for several years , a more tailor - made use should be facilitated , to better reflect the individual needs of the beneficiary . ### the use of advisory services should help farmers to assess the performance of their agricultural holding and identify necessary improvements with regard to the statutory management requirements and the good agricultural and environmental condition as provided for in council regulation no 73 / 2009 of 19 january 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers and the community standards relating to occupational safety . taking into account that the support for the use of advisory services has been available already for several years , a more tailor - made use should be facilitated , to better reflect the individual needs of the beneficiary . member states should be encouraged to create platforms for e - counselling for farmers by using broadband . the use of all counselling services provided by regional and local authorities promoting the use of information technology by farmers should also be encouraged .


### article 10 of council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora , requires member states , with a view to improve the ecological coherence of the natura 2000 network , to endeavour to encourage the management of features , which , by virtue of their linear and continuous structure or their function as stepping stones , are essential for the migration , dispersal and genetic exchange of wild species . such areas should be made eligible for natura 2000 payments . however , in order to ensure that payments continue to be primarily used for the designated natura 2000 sites , it is appropriate to limit their proportion compared to natura 2000 areas designated . ### article 10 of council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora , requires member states , with a view to improve the ecological coherence of the natura 2000 network , to endeavour to encourage the management of features , which , by virtue of their linear and continuous structure or their function as stepping stones , are essential for the migration , dispersal and genetic exchange of wild species . such areas should be made eligible for natura 2000 payments . however , in order to ensure that payments continue to be primarily used for the designated natura 2000 sites , it is appropriate to limit their proportion compared to natura 2000 areas designated . in so doing , regional and local authorities should establish a balance between environmental provisions and local development needs .


### each member state is required to establish a national rural network . in order to ensure that the various national rural networks are set - up in a coherent and uniform manner , the commission should , by means of implementing acts , fix details concerning the establishment and the operation of those networks . ### each member state is required to establish a national rural network which should include national , regional and local representatives . in order to ensure that the various national rural networks are set - up in a coherent and uniform manner , the commission should , by means of implementing acts , fix details concerning the establishment and the operation of those networks .


### having regard to the treaty on the functioning of the european union , and in particular article 325 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 83 thereof ,


### corruption constitutes a particularly serious threat against the union ' s financial interests , which can in many cases also be linked to fraudulent conduct . a particular criminalisation in this area is therefore needed . it must be ensured that the relevant offences are covered by the definition irrespective of whether conduct is in breach of official duties or not . as regards the offences of passive corruption and misappropriation , there is a need to include a definition of public officials covering all relevant officials , whether appointed , elected or employed on the basis of a contract , holding a formal office , as well as persons exercising the function of providing service from government and other public bodies to citizens , or for the public interest in general , without holding a formal office , such as contractors involved in the management of eu funds . ### as regards the offences of passive corruption and misappropriation , there is a need to include a definition of public officials covering all relevant officials , whether holding a formal office in the union , in the member states or in third countries . private persons are increasingly involved in the management of union funds . in order to adequately protect union funds from corruption and misappropriation , the definition of ' public official ' for the purposes of this directive therefore needs to cover also persons that do not hold a formal office , but nonetheless are assigned and exercising , in a similar manner , a public service function in relation to union funds , such as contractors involved in the management of such funds .


### the budgets of institutions , bodies , offices and agencies established under the treaties or budgets managed and monitored by them . ### the budgets of institutions , bodies , offices and agencies established pursuant to the treaties or budgets managed and monitored by them .


### for the purpose of this article , ' public official ' means : any person exercising a public service function for the union or in member states or third countries by holding a legislative , administrative or judicial office ; any other person exercising a public service function for the union or in member states or third countries , not holding such an office , participating in the management of or decisions concerning the union ' s financial interests . ### for the purpose of this article , ' public official ' means : any ' union ' or ' national official ' , including any national official of another member state and any national official of a third country ; the term ' union official ' shall mean : - any person who is an official or other contracted employee within the meaning of the staff regulations of officials of the european union or the conditions of employment of other servants of the european union , - any person seconded to the european union by the member states or by any public or private body , who carries out functions equivalent to those performed by union officials or other servants . members of bodies set up in accordance with the treaties and the staff of such bodies shall be treated as union officials , inasmuch as the staff regulations of the european union or the conditions of employment of other servants of the european union do not apply to them ; the term ' national official ' shall be understood by reference to the definition of ' official ' or ' public official ' in the national law of the state in which the person in question performs the function . nevertheless , in the case of proceedings involving a member state ' s official , or a national official of a third country , initiated by another member state the latter shall not be bound to apply the definition of ' national official ' except in so far as the definition is compatible with its national law . any other person assigned and exercising a public service function involving the management of or decisions concerning the union ' s financial interests in member states or third countries .


### cooperation between the member states and the european commission ### cooperation between the member states , the european court of auditors , the national audit institutions , european civil servants , auditors and the european commission


### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires that the adoption of binding implementing acts by the commission be subject to the control of member states . ### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act identifies the need for uniform conditions of implementation and requires that the adoption of implementing acts by the commission be subject to the control of member states .


### if the draft measures are not in accordance with the opinion of the committee , the commission shall not adopt those measures . the chairperson may submit to the committee the draft measures for further deliberation or submit an amended version of the draft measures . ### if the draft measures are not in accordance with the opinion of the committee , the commission shall not adopt those measures . 3a . the commission shall not adopt measures in cases where the non - adoption of an opinion arises from circumstances for which the committee ' s members are not responsible . any decision on the effects of non - adoption shall be taken by the committee pursuant to paragraph 1 above . 3b . the chairperson may submit to the committee the draft measures for further deliberation or submit an amended version of the draft measures .


### where basic acts adopted before the entry into force of this regulation provide for the exercise of implementing powers by the commission in accordance with decision 1999 / 468 / ec , the following rules shall apply : references to article 3 of decision 1999 / 468 / ec shall be understood as references to article 4 of this regulation ; references to articles 4 and 5 of decision 1999 / 468 / ec shall be understood as references to article 5 of this regulation ; references to article 6 of decision 1999 / 468 / ec shall be understood as references to article 6 of this regulation ; references to articles 7 and 8 of decision 1999 / 468 / ec shall be understood as references to article 8 of this regulation . ### pending the adaptation of basic acts adopted before the entry into force of this regulation , where such acts provide for the exercise of implementing powers by the commission in accordance with decision 1999 / 468 / ec , the following rules shall apply : where the basic act makes reference to article 3 of decision 1999 / 468 / ec , the advisory procedure referred to in article 4 of this regulation shall apply ; where the basic act makes reference to articles 4 and 5 of decision 1999 / 468 / ec , the examination procedure referred to in article 5 of this regulation shall apply ; where the basic act makes reference to article 6 of decision 1999 / 468 / ec , article 6 of this regulation shall apply ; where the basic act makes reference to articles 7 and 8 of decision 1999 / 468 / ec , article 8 of this regulation shall apply .


### as a consequence of the classification of emission allowances as financial instruments as part of the review of the markets in financial instruments directive , those instruments will also come within the scope of this regulation . bearing in mind the specific nature of those instruments and structural features of the carbon market , it is necessary to ensure that the activity of member states , the european commission and other officially designated bodies involving emission allowances is not restricted in the pursuit of the union ' s climate policy . moreover , the duty to disclose inside information needs to be addressed to the participants in that market in general . nevertheless , in order to avoid exposing the market to reporting that is not useful and as well as to maintain cost - efficiency of the measure foreseen , it appears necessary to limit the regulatory impact of that duty to only those eu ets operators , that – by virtue of their size and activity – can reasonably be expected to be able to have a significant effect on the price of emission allowances . where emission allowance market participants already comply with equivalent inside information disclosure duties , notably pursuant to regulation on energy market integrity and transparency no…of the european parliament and the council on wholesale energy market integrity and transparency ) , the obligation to disclose inside information concerning emission allowances should not lead to the duplication of mandatory disclosures with substantially the same content . ### since considerable amounts of price - sensitive non - public information impacting the demand for emission allowances are held by individual market participants , it is appropriate that the duty to disclose inside information is addressed to the participants in that market in general . nevertheless , in order to avoid exposing the market to reporting that is not useful as well as to maintain cost - efficiency of the measure foreseen , it appears necessary to limit the regulatory impact of that duty to only those eu ets operators , that – by virtue of their size and activity – can reasonably be expected to be able to have a significant effect on the price of emission allowances . appropriate minimum thresholds for the purpose of the application of this exemption should be set in this regulation and the commission should be empowered to adopt measures modifying these minimum thresholds by means of a delegated act . the information to be disclosed should concern the physical operations of the disclosing party and not its plans or strategies for trading emission allowances . where emission allowance market participants already comply with equivalent inside information disclosure duties , notably pursuant to regulation on energy market integrity and transparency no…of the european parliament and the council on wholesale energy market integrity and transparency ) , the obligation to disclose inside information concerning emission allowances should not lead to the duplication of mandatory disclosures with substantially the same content .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty . in particular , delegated acts should be adopted in respect of the conditions for buy - back programmes and stabilisation of financial instruments , the indicators for manipulative behaviour listed in annex 1 , the threshold for determining the application of the public disclosure obligation to emission allowance market participants , the conditions for drawing up insider lists and the threshold and conditions relating to managers ' transactions . 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 council . ### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty . in particular , delegated acts should be adopted in respect of the conditions for buy - back programmes and stabilisation of financial instruments , the indicators for manipulative behaviour listed in annex 1 , the thresholds for determining the application of the public disclosure obligation to emission allowance market participants , the conditions for drawing up insider lists and the threshold and conditions relating to managers ' transactions . 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 council .


### for the purposes of applying paragraph 1 , information shall be deemed to be of a precise nature if it indicates a set of circumstances which exists or may reasonably be expected to come into existence or an event which has occurred or may reasonably be expected to do so and if it is specific enough to enable a conclusion to be drawn as to the possible effect of that set of circumstances or event on the prices of the financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances . ### for the purposes of applying paragraph 1 , information shall be deemed to be of a precise nature if it indicates a set of circumstances which exists or may reasonably be expected to come into existence or an event which has occurred or may reasonably be expected to do so and if it is specific enough to enable a conclusion to be drawn as to the possible effect of that set of circumstances or event on the prices of the financial instruments , the related spot commodity contracts , the emission allowances or the auctioned products based thereon .


### for the purposes of applying paragraph 1 , information which , if it were made public , would be likely to have a significant effect on the prices of the financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances shall mean information a reasonable investor would be likely to use as part of the basis of his investment decisions . ### for the purposes of applying paragraph 1 , information which , if it were made public , would be likely to have a significant effect on the prices of the financial instruments , the related spot commodity contracts , the emission allowances or the auctioned products based thereon shall mean information a reasonable investor would be likely to use as part of the basis of his investment decisions .


### the first subparagraph shall not apply to an emission allowance market participant where the installations or aviation activities that it owns , controls or is responsible for , in the preceding year have had emissions not exceeding a minimum threshold of carbon dioxide equivalent and , where they carry out combustion activities , have had a rated thermal input not exceeding a minimum threshold . ### the first subparagraph shall not apply to an emission allowance market participant where the installations or aviation activities that it owns , controls or is responsible for , in the preceding year have had emissions not exceeding a minimum threshold of 3 million tonnes of carbon dioxide equivalent and , where they carry out combustion activities , have had a rated thermal input not exceeding a minimum threshold of 300 megawatts .


### the commission shall adopt , by means of a delegated act in accordance with article 31 , measures establishing a minimum threshold of carbon dioxide equivalent and a minimum threshold of rated thermal input for the purposes of application of the exemption provided for in the second subparagraph . ### the commission shall be empowered to adopt , by means of a delegated act in accordance with article 31 , measures modifying the minimum threshold of carbon dioxide equivalent and the minimum threshold of rated thermal input for the purposes of application of the exemption provided for in the second subparagraph . while adopting the delegated act referred to in this subparagraph , the commission shall assess whether modifying the minimum threshold of carbon dioxide equivalent or the minimum threshold of rated thermal input responds to the needs arising from new technological and market developments .


### article 8a of the directive 2002 / 21 / ec of the european parliament and of the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services provides that the commission may submit a legislative proposal to the european parliament and council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services . these policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market . this decision is without prejudice to existing eu law , in particular directives 1999 / 5 / ec and directives 2002 / 20 / ec and 2002 / 21 / ec , as well as decision no 676 / 2002 / ec . it is also without prejudice to measures taken at national level , in compliance with eu law , to pursue general interest objectives , in particular relating to content regulation and audio - visual policy and to the right of member states to organise and use their spectrum for public order and public security purposes and defence . ### article 8a of the directive 2002 / 21 / ec of the european parliament and of the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services provides that the commission may submit a legislative proposal to the european parliament and council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services . these policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market . the radio spectrum policy programme is included among the 50 priority actions of the single market act . this decision is without prejudice to existing eu law , in particular directives 1999 / 5 / ec and directives 2002 / 20 / ec and 2002 / 21 / ec , as well as decision no 676 / 2002 / ec . it is also without prejudice to measures taken at national level , in compliance with eu law , to pursue general interest objectives , in particular relating to content regulation and audio - visual policy and to the right of member states to organise and use their spectrum for public order and public security purposes and defence .


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


### spectrum is a key resource for essential sectors and services , including mobile , wireless broadband and satellite communications , television and radio broadcasting , transport , radiolocation , and applications such as alarm , remote controls , hearing aids , microphones , and medical equipment . it supports public services such as security and safety services , including civil protection , and scientific activities , such as meteorology , earth observation , radio astronomy and space research . regulatory measures on spectrum therefore have economic , safety , health , public interest , cultural , scientific , social , environmental and technical implications . ### spectrum is a key resource for essential sectors and services , including mobile , wireless broadband and satellite communications , television and radio broadcasting , transport , radiolocation , and applications such as alarm , remote controls , hearing aids , microphones , and medical equipment . it supports public services such as security and safety services , including civil protection , and scientific activities , such as meteorology , earth observation , radio astronomy and space research . an efficient use of the spectrum also plays a role in the universal access to electronic communications , in particular for citizens and businesses located in less populated or remote areas , such as rural areas or islands . regulatory measures on spectrum therefore have economic , safety , health , public interest , cultural , scientific , social , environmental and technical implications .


### the strategic planning and harmonisation of spectrum use at union level should enhance the single market for wireless electronic communications services and equipment as well as other union policies requiring spectrum use , thus creating new opportunities for innovation and contributing to economic recovery and social integration across the union , while at the same time respecting the important social , cultural and economic value of spectrum . to this end , the union therefore needs a policy programme that covers the internal market in all union policy areas involving the use of spectrum such as electronic communications , research and development , transport and energy . ### the strategic planning and harmonisation of spectrum use at union level should enhance the single market for wireless electronic communications services and equipment as well as other union policies requiring spectrum use , thus creating new opportunities for innovation and contributing to economic recovery and social integration across the union , while at the same time respecting the important social , cultural and economic value of spectrum . to this end , the union therefore needs a policy programme that covers the internal market in all union policy areas involving the use of spectrum such as electronic communications , research and development , transport and energy . in no circumstances should current spectrum rights holders’ concerns about their possible entitlements delay the necessary reforms .


### the strategic planning and harmonisation of spectrum use at union level should enhance the single market for wireless electronic communications services and equipment as well as other union policies requiring spectrum use , thus creating new opportunities for innovation and contributing to economic recovery and social integration across the union , while at the same time respecting the important social , cultural and economic value of spectrum . to this end , the union therefore needs a policy programme that covers the internal market in all union policy areas involving the use of spectrum such as electronic communications , research and development , transport and energy . ### the strategic planning and harmonisation of spectrum use at union level should enhance the single market for wireless electronic communications services and equipment as well as other union policies requiring spectrum use , thus creating new opportunities for innovation and contributing to economic recovery and social integration across the union , while at the same time respecting the important social , cultural and economic value of spectrum . the harmonisation of spectrum use is also essential to ensure the quality of the services provided by electronic communications and to create economies of scale lowering both the cost of deploying mobile networks and the cost of mobile devices for consumers . to this end , the union therefore needs a policy programme that covers the internal market in all union policy areas involving the use of spectrum such as electronic communications , research and development , transport and energy .


### this first programme should in particular support the europe 2020 strategy for smart , sustainable and inclusive growth given the huge potential of wireless services to promote an information - based economy , develop and assist sectors relying on information and communications technologies and overcome the digital divide . it is also a key action in the digital agenda for europe4 which aims to deliver fast broadband internet in the future network - based knowledge economy , with an ambitious target for universal broadband coverage with speeds of at least 30 mbps for all europeans by 2020 , thereby achieving the sustainable economic and social benefits of a digital single market . it should also support and promote other union sectoral policies such as a sustainable environment and economic and social inclusion for all union citizens . given the importance of wireless applications for innovation , this programme is also a key initiative in support of union policies on innovation . ### this first programme should in particular support the europe 2020 strategy for smart , sustainable and inclusive growth given the huge potential of wireless services to promote an information - based economy , encourage , develop and assist sectors relying on information and communications technologies such as e - commerce and overcome the digital divide . it is also a key action in the digital agenda for europe4 which aims to deliver fast broadband internet in the future network - based knowledge economy , with an ambitious target for universal broadband coverage with speeds of at least 30 mbps for all europeans by 2020 , thereby achieving the sustainable economic and social benefits of a digital single market . in particular , it promotes the development of new markets and new services for smes and the creation of new jobs . it also encourages competition and allows consumers to take advantage of greater choice and better prices for goods and services . egovernment , including conducting electronic public procurement procedures electronically , should contribute to the deployment of broadband . the programme should also support and promote other union sectoral policies such as a sustainable environment and economic and social inclusion for all union citizens , in particular for disabled people and citizens living in remote areas . given the importance of wireless applications for innovation , this programme is also a key initiative in support of union policies on innovation .


### the first programme should specify guiding principles and objectives up to 2015 for member states and union institutions , and set out specific implementation initiatives . while spectrum management is still largely a national competence , it should be exercised in compliance with existing union law and allow for action to pursue union policies . ### the first programme should specify guiding principles and objectives up to 2015 for member states and union institutions , and set out specific implementation initiatives . while spectrum management is still largely a national competence , it should be exercised in compliance with existing union law and allow for action to pursue union policies . special national arrangements for spectrum use must be avoided , so as to prevent obstructive effects on european markets , although decisions to award usage rights should continue to be taken at national level and with regard to existing national business models .


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


### as underlined in the digital agenda for europe , wireless broadband is an important means to boost competition , consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable . however , spectrum management may affect competition by changing the role and power of market players , for example if existing users receive undue competitive advantages . limited spectrum access , in particular when appropriate spectrum becomes scarcer , can create a barrier to entry for new services or applications and hamper innovation and competition . acquisition of new usage rights , including through spectrum trading or other transactions between users , and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation . member states should therefore take appropriate ex ante or ex post regulatory measures to avoid distortions of competition in line with the principles underpinning article 5 of directive 2002 / 20 / ec and article 1 of directive 87 / 372 / eec . ### as underlined in the digital agenda for europe , wireless broadband is an important means to boost competition , consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable . however , spectrum management may affect competition by changing the role and power of market players , for example if existing users receive undue competitive advantages . award conditions should be framed so as to permit a level playing field in competition with regard to coverage and not hinder newcomers from entering the market . new technologies , likewise , should not be disadvantaged simply because they are available on the market at a later date . limited spectrum access , in particular when appropriate spectrum becomes scarcer , can create a barrier to entry for new services or applications and hamper innovation and competition . acquisition of new usage rights , including through spectrum trading or other transactions between users , and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation . member states should therefore take appropriate ex ante or ex post regulatory measures to avoid distortions of competition in line with the principles underpinning article 5 of directive 2002 / 20 / ec and article 1 of directive 87 / 372 / eec .


### optimal and efficient spectrum use requires continuous monitoring of developments , and up - to - date transparent information on spectrum use throughout the union . while commission decision 2007 / 344 / ec on harmonised availability of information regarding spectrum use within the community requires member states to publish information on usage rights , a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the union to improve the efficiency of spectrum and radio equipment use , in particular between 300 mhz and 3 ghz . this would help to identify inefficient technologies and usages in both the commercial and public sectors , as well as unused assignments and sharing opportunities , and to evaluate future consumer and business needs . ### optimal and efficient spectrum use requires continuous monitoring of developments , and up - to - date transparent information on spectrum use throughout the union . while commission decision 2007 / 344 / ec on harmonised availability of information regarding spectrum use within the community requires member states to publish information on usage rights , a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the union to improve the efficiency of spectrum and radio equipment use , in particular between 300 mhz and 6 ghz . this would help to identify inefficient technologies and usages in both the commercial and public sectors , as well as unused assignments and sharing opportunities , and to evaluate future consumer and business needs . to complement this , the inventory should also include a report of the measures taken by the member states in order to implement decisions taken at eu level regarding the harmonisation and the use of the specific frequency bands .


### the 800 mhz band is optimal for the coverage of large areas by wireless broadband services . building on the harmonisation of technical conditions under decision 2010 / 267 / eu , and on commission recommendation of 28 october 2009 calling for analogue broadcasting to be switched off by 1 january 2012 , and given rapid national regulatory developments , this band should in principle be made available for electronic communications in the union by 2013 . in the longer term , additional spectrum below 790 mhz could also be envisaged , depending on experience and the lack of spectrum in other bands adequate for coverage . considering the capacity of the 800 mhz band to transmit over large areas , coverage obligations should be attached to rights . ### in addition to the opening of the 900 mhz band in the near future , in line with the amended ' gsm ' directive and in such a manner as to promote competition , the 800 mhz band is optimal for the coverage of large areas by wireless broadband services . building on the harmonisation of technical conditions under decision 2010 / 267 / eu , and on commission recommendation of 28 october 2009 calling for analogue broadcasting to be switched off by 1 january 2012 , and given rapid national regulatory developments , this band should in principle be made available for electronic communications in the union by 2013 . in the longer term , additional spectrum below 790 mhz could also be envisaged , depending on experience and the lack of spectrum in other bands adequate for coverage . considering the capacity of the 800 mhz band to transmit over large areas , coverage obligations should be attached to rights . in addition , rapid implementation of the ' gsm ' directive , in accordance with the principles of competition , is of key importance .


### since a common approach and economies of scale are key to developing broadband communications throughout the union and preventing competition distortion and market fragmentation among member states , certain authorisation and procedural conditions could be defined in concerted action among member states and with the commission . conditions could include coverage obligations , spectrum block size , the timing of granting rights , access to mobile virtual network operators and the duration of rights of use . reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services , these conditions should apply to spectrum bands that are allocated to wireless communications , and for which rights of use may be transferred or leased . ### since a common approach and economies of scale are key to developing broadband communications throughout the union and preventing competition distortion and market fragmentation among member states , certain authorisation and procedural conditions could be defined in concerted action among member states and with the commission . conditions could include coverage obligations , spectrum block size , the timing of granting rights , access to mobile virtual network operators , the duration of rights of use and the conditions by which rights can be withdrawn or transferred . reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services , these conditions should apply to spectrum bands that are allocated to wireless communications , and for which rights of use may be transferred or leased .


### encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies ; ### encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies ; this shall be based on observance of the principles of flexibility , effective use of frequencies in line with needs , ensuring a level playing field and non - discriminatory competition , and safeguarding national specificities in relation to business models ;


### applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage ; ### applying the most appropriate authorisation system that is the least onerous possible , in order to maximise flexibility and efficiency in spectrum usage ;


### make sufficient appropriate spectrum available in a timely manner to support union policy objectives ; ### make sufficient appropriate spectrum available in a timely manner , particularly to support the objectives of prioritisation in broadband provision and guaranteeing competition , notably through implementation of the ' gsm ' directive in the near future ;


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


### member states shall ensure that selection conditions and procedures promote investment and efficient use of spectrum . ### member states shall ensure that selection conditions and procedures promote investment and efficient use of spectrum as a public good .


### in order to implement fully the obligations of paragraph 1 , and in particular to ensure that competition is not distorted by any accumulation , transfer or modification of rights of use for radio frequencies , member states may adopt inter alia the following measures , which are without prejudice to the application of competition rules : ### in order to implement fully the obligations of paragraph 1 , and in particular to ensure that competition is not distorted by any accumulation , transfer or modification of rights of use for radio frequencies , member states shall , when planning to assign spectrum , carefully examine whether the planned spectrum assignment , taking into account the existing spectrum assigments to the competing mobile operators , in their territory is likely to reduce or distort competition in the mobile markets concerned . where the planned spectrum assignment taking into account existing spectrum assignments is likely to result in the reduction or distortion of competition , member states shall address such reduction or distortion by adopting at least one of the following measures , which are without prejudice to the application of competition rules :


### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition . ### member states shall ensure that authorisation and selection procedures avoid delays and discrimination and promote effective competition .


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


### if necessary , the commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the union including the most remote areas with a broadband offering enabling internet access at a comparable price to terrestrial offerings . ### if necessary , the commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the union including the most remote areas with a broadband offering enabling internet access .


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


### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and of possible future needs for spectrum in the union , in particular in the range from 300 mhz to 3 ghz . ### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and of possible future needs for harmonised spectrum in the union . as an initial step , such an inventory shall include frequencies in the range from 300 mhz to 6 ghz . the inventory should also include a report of the measures taken by the member states in order to implement decisions taken at eu level regarding the harmonisation and use of the specific frequency bands .


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


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


### by contributing to the further development of detection and early warning systems , the union should assist member states in minimising the lead time to respond to disasters and to alert union citizens . these systems should take into account and build upon existing and future information sources and systems . ### by contributing to the further development of detection and early warning systems , the union ' s efforts are expected to assist member states in minimising the lead time to respond to disasters and to alert union citizens . these systems should take into account and build upon existing and future information sources and systems .


### by contributing to the further development of detection and early warning systems , the union should assist member states in minimising the lead time to respond to disasters and to alert union citizens . these systems should take into account and build upon existing and future information sources and systems . ### by contributing to the further development of detection and early warning systems , the union should assist member states in minimising the lead time to respond to disasters and to alert union citizens . these systems should take into account and build upon existing and future information sources and systems ; stresses the importance of closer cooperation between the commission’s directorate - general for humanitarian aid and civil protection and national civil protection services .


### the mechanism should include a general policy framework aimed at continuously improving the level of preparedness of civil protection systems , personnel and citizens within the union . this includes training programmes and a training network , at union and member state level , on disaster prevention , preparedness , and response as called for in the council conclusions of 14 november 2008 on european disaster management training arrangements . ### the mechanism should include a general policy framework aimed at continuously improving the level of preparedness of civil protection systems , personnel and citizens within the union . this includes training programmes and a training network , at union but primarily at member state level , on local disaster prevention , preparedness , and response as called for in the council conclusions of 14 november 2008 on european disaster management training arrangements .