### ‘ manager’ means any person working in a senior position , who principally directs the management of the host entity , receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent ; this position includes : directing the host entity or a department or sub - division of the host entity , supervising and controlling the work of other supervisory , professional or managerial employees , having the authority personally to hire and dismiss or recommend hiring , dismissing or other personnel actions ; ### ‘ manager’ means any person holding , in the hierarchy of the undertaking , a senior position , who principally directs the management of the host entity , receiving general supervision or guidance principally from the board of directors or stockholders of the business or equivalent ; this position includes : directing the host entity or a department or sub - division of the host entity , or being responsible for a specific project of a significant size ; and in this capacity having appropriate and balanced human and financial resources in the member states concerned ; supervising and controlling the work of other supervisory , professional or managerial employees , having the authority personally to hire and dismiss or recommend hiring , dismissing or other personnel actions ;


### member states shall require that all conditions in the law , regulations or administrative provisions and / or universally applicable collective agreements applicable to posted workers in a similar situation in the relevant occupational branches are met with regard to the remuneration granted during the transfer . ### member states shall require , that the remuneration and other terms and conditions of employment which will be granted to the third country national during the transfer are in line with the provisions of art . 14 .


### ‘ manager’ means any person working in a senior position , who principally directs the management of the host entity , receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent ; this position includes : directing the host entity or a department or sub - division of the host entity , supervising and controlling the work of other supervisory , professional or managerial employees , having the authority personally to hire and dismiss or recommend hiring , dismissing or other personnel actions ; ### ‘ manager’ means any person working in a senior position within a juridical person , who primarily directs the management of the establishment , receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent , including : – directing the establishment or a department or sub - division of the establishment ; – supervising and controlling the work of other supervisory , professional or managerial employees ; – having the authority personally to hire and fire or recommend hiring , firing or other personnel actions


### ‘ specialist’ means any person possessing uncommon knowledge essential and specific to the host entity , taking account not only of knowledge specific to the host entity , but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge ; ### ‘ specialist’ means any person possessing specific knowledge and technical , professional or scientific skills essential to the host entity , as proven by higher professional qualifications and appropriate professional experience as defined in council directive 2009 / 50 / ec of 25 may 2009 on the conditions of entry and residence of third - country nationals for the purposes of highly - qualified employment1 referring to a type of work or trade requiring specific technical , professional or scientific knowledge ; ___________ 1 oj l 155 , 18 . 6 . 2009 , p . 17 .


### as intra - corporate transfers consist of temporary migration , the applicant should provide evidence that the third - country national will be able to transfer back to an entity belonging to the same group and established in a third country at the end of the assignment . that evidence may consist of the relevant provisions under the work contract . an assignment letter should be produced providing evidence that the third - country national manager or specialist possesses the professional qualifications needed in the member state to which they have been admitted to occupy the post or the regulated profession . ### as intra - corporate transfers are linked to a limited residence and work permit in each member state , the applicant should provide evidence that the third - country national will transfer back to an entity belonging to the same group and established in a third country at the end of the assignment , in accordance with the contract that he / she has with the group . that evidence may consist of the relevant provisions under the work contract . an assignment letter should be produced providing evidence that the third - country national manager or specialist possesses the professional qualifications and the experience needed in the member state to which they have been admitted to occupy the post or the regulated profession .


### in order to ensure specify the elements of definitions and methods under annex ii part a , powers are delegated to the commission . these draft regulatory standards shall be adopted in accordance with articles 7 to 7d of [ eba regulation ] . the european banking authority may develop draft regulatory standards for submission to the commission . ### in order to ensure uniform conditions for the application of the definitions and methods described in annex ii part a for the standardised approach set out in paragraphs 1 and 2 , the european banking authority shall develop draft technical regulatory standards . the european banking authority shall submit its draft technical regulatory standards to the commission by 31 december 2012 . powers shall be delegated to the commission to adopt the technical regulatory standards mentioned in subparagraph 1 in accordance with the procedure laid down in articles 10 to 14 of regulation no 1093 / 2010 .


### the financial means of deposit guarantee schemes should principally be used for the repayment of depositors . they could , however , also be used in order to finance the transfer of deposits to another credit institution , provided that the costs borne by the deposit guarantee scheme do not exceed the amount of covered deposits at the credit institution concerned . they could also to a certain extent , as circumscribed in the directive , be used to finance the prevention of bank failures . such measures should comply with state aid rules . this is without prejudice to the future commission policy concerning the establishment of national bank resolution funds . ### deposit guarantee schemes should have sufficient financial means for the repayment of depositors in the event of insolvency of a credit institution . in many cases , however , support measures to avert the insolvency of a credit institution have a more favourable effect in guaranteeing deposits than reimbursement of depositors . moreover , such measures may make it possible to avoid further costs and adverse effects on financial stability and the confidence of depositors . it should therefore also be possible to use the resources of deposit guarantee schemes for support measures . support measures should always entail conditions with which the institution receiving the support must comply . it should , however , also be possible to use them in conjunction with the orderly winding - up of a credit institution , provided that the costs borne by the deposit guarantee scheme do not exceed the amount of covered deposits at the credit institution concerned . such measures should comply with state aid rules . these options for action by deposit guarantee scheme operators are without prejudice to the future commission policy concerning the establishment of national bank resolution funds .


### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . this would allow to reflect the risk profiles of individual banks and lead to a fair calculation of contributions and to provide incentives to operate under a less risky business model . developing a set of core indicators mandatory for all member states and another set of optional supplementary indicators would introduce such harmonisation gradually . ### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . to this end , a standard approach to the identification of risk - dependent contributions to deposit guarantee schemes should be laid down . however , the nature of the risks accepted by the affiliated credit institutions may vary depending on market circumstances and the business activities of the credit institutions . it is therefore worthwhile , in addition to the standard approach , to make it possible for deposit guarantee schemes also to use risk - dependent procedures of their own in so far as they comply with the guidelines to be drawn up by the european banking authority after consulting the european forum of deposit insurers . this takes account of the risk profiles of individual banks , leads to a more precise calculation of contributions , tailored to market circumstances in the member states , and provides incentives to operate under a less risky business model . in order , for example , to take account of particularly low - risk sectors of lending which are governed by special laws , corresponding reductions in the contributions to be paid should be provided for .


### member states shall ensure that deposit guarantee schemes perform tests of their systems and that they are informed in the event that the competent authorities detect problems in a credit institution that are likely to give rise to the intervention of deposit guarantee schemes . ### member states shall ensure that the procedures adopted by deposit guarantee schemes accord with the provisions of article 11 or the guidelines adopted by the european banking authority pursuant to article 11 , that deposit guarantee schemes perform tests of their systems and that they are informed immediately in the event that the competent authorities detect problems in a credit institution that are likely to give rise to the intervention of deposit guarantee schemes .


### information to actual depositors shall be provided on their statements of account . this information shall consist of a confirmation that the deposits are eligible pursuant to article 2 and article 4 . moreover , reference shall be made to the information sheet in annex iii and where it can be obtained . the web site of the responsible deposit guarantee scheme may also be indicated . ### information to actual depositors shall be provided on their statements of account . this information shall consist of a confirmation that the deposits are eligible pursuant to article 2 and article 4 . moreover , reference shall be made to the information sheet in annex iii . that information sheet shall be attached to one of their statements of account at least once a year . the web site of the responsible deposit guarantee scheme shall also be indicated .


### the contributions to deposit guarantee schemes referred to in article 9 shall be determined for each member on the basis of the degree of risk incurred by it . credit institutions shall not pay less than 75% or more than 200% of the amount that a bank with an average risk would have to contribute . member states may decide that members of schemes referred to in article 1 and pay lower contributions to deposit guarantee schemes but not less than 37 . 5% of the amount that a bank with an average risk would have to contribute . ### the contributions to deposit guarantee schemes referred to in article 9 shall be determined for each member on the basis of the degree of risk incurred by it . credit institutions shall not pay less than 75% or more than 200% of the amount that a bank with an average risk would have to contribute . member states may decide that members of schemes referred to in article 1 pay lower contributions to deposit guarantee schemes but not less than 37 . 5% of the amount that a bank with an average risk would have to contribute .


### the contributions to deposit guarantee schemes referred to in article 9 shall be determined for each member on the basis of the degree of risk incurred by it . credit institutions shall not pay less than 75% or more than 200% of the amount that a bank with an average risk would have to contribute . member states may decide that members of schemes referred to in article 1 and pay lower contributions to deposit guarantee schemes but not less than 37 . 5% of the amount that a bank with an average risk would have to contribute . ### the contributions to deposit guarantee schemes referred to in article 9 shall be determined for each member on the basis of the degree of risk incurred by it . credit institutions shall not pay less than 75% or more than 200% of the amount that a credit institution with an average risk would have to contribute .


### while respecting the supervision of deposit guarantee schemes by member states , the european banking authority should contribute to the achievement of the objective of making it easier for credit institutions to take up and pursue their activities while at the same time ensuring effective protection for depositors . to that end , the authority should confirm that the conditions of borrowing between deposit guarantee schemes laid down in this directive are fulfilled and state , within the strict limits set by this directive , the amounts to be lent by each scheme , the initial interest rate as well as the duration of the loan . in this respect , the european banking authority should also collect information on deposit guarantee schemes , in particular on the amount of deposits covered by them , confirmed by competent authorities . it should inform the other deposit guarantee schemes about their obligation to lend . ### while respecting the supervision of deposit guarantee schemes by member states , the european banking authority should contribute to the achievement of the objective of making it easier for credit institutions to take up and pursue their activities while at the same time ensuring effective protection for depositors . in this respect , the european banking authority should collect information on deposit guarantee schemes , in particular on the amount of deposits covered by them , confirmed by competent authorities .


### the contributions to deposit guarantee schemes referred to in article 9 shall be determined for each member on the basis of the degree of risk incurred by it . credit institutions shall not pay less than 75% or more than 200% of the amount that a bank with an average risk would have to contribute . member states may decide that members of schemes referred to in article 1 and pay lower contributions to deposit guarantee schemes but not less than 37 . 5% of the amount that a bank with an average risk would have to contribute . ### the contributions to deposit guarantee schemes referred to in article 9 shall be determined for each member on the basis of the degree of risk incurred by it . credit institutions shall not pay less than 75% or more than 250% of the amount that a bank with an average risk would have to contribute . member states may decide that members of schemes referred to in article 1 pay lower contributions to deposit guarantee schemes but not less than 37 . 5% of the amount that a bank with an average risk would have to contribute .


### the commission , supported by the [ european banking authority ] , shall submit to the european parliament and to the council by 31 december 2015 a report on the progress towards the implementation of this directive . this report should cover notably the possibility to determine the target level on the basis of covered deposits , without diminishing the protection of depositors . ### the commission , supported by the european banking authority , shall submit to the european parliament and to the council by 31 december 2015 a report on the progress towards the implementation of this directive .


### ‘ target level’ means 1 . 5% of eligible deposits for the coverage of which a deposit guarantee scheme is responsible ; ### ‘ target level’ means 1 , 25% of covered deposits for which a deposit guarantee scheme is responsible ;


### depositors at branches set up by credit institutions in other member states or in member states where a credit institution authorised in another member state operates shall be repaid by the scheme of the host member state on behalf of the scheme in the home member state . the home scheme shall reimburse the host scheme . ### depositors at branches set up by credit institutions in other member states or in member states where a credit institution authorised in another member state operates shall be repaid by the scheme of the host member state on behalf of the scheme in the home member state . the scheme of the home member state shall , as a first step , transfer the required amount of money to be repaid to depositors to the host scheme , which subsequently carries out the paying agent function .


### deposits by authorities , ### deposits by government and central , provincial and regional authorities ,


### deposit guarantee schemes shall raise the available financial means by regular contributions from their members on 30 june and 30 december of each year . this shall not prevent additional financing from other sources . one - off entry fees may not be requested . ### deposit guarantee schemes shall raise the available financial means by regular contributions from their members at least once each year . this shall not prevent additional financing from other sources . one - off entry fees may not be requested .


### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . this would allow to reflect the risk profiles of individual banks and lead to a fair calculation of contributions and to provide incentives to operate under a less risky business model . developing a set of core indicators mandatory for all member states and another set of optional supplementary indicators would introduce such harmonisation gradually . ### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . this would allow to reflect the risk profiles of individual banks and lead to a fair calculation of contributions and to provide incentives to operate under a less risky business model . developing a set of core indicators mandatory for all member states and another set of optional supplementary indicators , based on a common approach agreed between eba and the competent authorities , would introduce such harmonisation gradually .


### the available financial means shall at least reach the target level . where the financing capacity falls short of the target level , the payment of contributions shall resume at least until the target level is reached again . where the available financial means amount to less than two thirds of the target level , the regular contribution shall not be less than 0 . 25% of eligible deposits . ### the available financial means shall reach the target level . where the financing capacity falls short of the target level , the payment of contributions shall resume until the target level is reached again . the regular contributions are 0 . 1% of covered deposits . after the target level has been reached for the first time , where the available financial means amount to less than two thirds of the target level due to funds being paid out , the regular contribution shall not be less than 0 . 25% of covered deposits .


### deposit guarantee schemes shall be in a position to repay unavailable deposits within 7 days of the date on which the competent authorities make a determination as referred to in article 2 or a judicial authority makes a ruling as referred to in article 2 . ### deposit guarantee schemes shall be in a position to repay unavailable deposits within 20 days of the date on which the competent authorities make a determination as referred to in article 2 or a judicial authority makes a ruling as referred to in article 2 . by 31 december 2014 the commission shall submit to the european parliament and to the council a report on the feasibility and costs of reducing the payout period to 7 days .


### in general , all retail depositors and businesses are covered by deposit guarantee schemes . exceptions for certain deposits are stated on the web site of the responsible deposit guarantee scheme . your bank will also inform you on request whether certain products are covered or not . if deposits are covered , the bank shall also confirm this on the statement of account . ### in general , depositors are covered by deposit guarantee schemes . exceptions for certain deposits are stated on the web site of the responsible deposit guarantee scheme [ insert web site of the responsible dgs ] . your bank also has to inform you on request whether certain products are covered or not . if deposits are covered , the bank shall also specify this on your statement of account .


### in order to ensure specify the elements of definitions and methods under annex ii part a , powers are delegated to the commission . these draft regulatory standards shall be adopted in accordance with articles 7 to 7d of [ eba regulation ] . the european banking authority may develop draft regulatory standards for submission to the commission . ### in order to ensure uniform conditions for the application of the definitions and methods described in annex ii part a for the standardised approach set out in paragraphs 1 and 2 , the european banking authority shall develop draft technical regulatory standards . the european banking authority shall submit its draft technical regulatory standards to the commission by 31 december 2012 . powers shall be delegated to the commission to adopt the technical regulatory standards mentioned in subparagraph 1 in accordance with the procedure laid down in articles 10 to 14 of regulation no 1093 / 2010 .


### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . this would allow to reflect the risk profiles of individual banks and lead to a fair calculation of contributions and to provide incentives to operate under a less risky business model . developing a set of core indicators mandatory for all member states and another set of optional supplementary indicators would introduce such harmonisation gradually . ### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . to this end , a standard approach to the identification of risk - dependent contributions to deposit guarantee schemes should be laid down . however , the nature of the risks accepted by the affiliated credit institutions may vary depending on market circumstances and the business activities of the credit institutions . it is therefore worthwhile , in addition to the standard approach , to make it possible for deposit guarantee schemes also to use risk - dependent procedures of their own in so far as they comply with the guidelines to be drawn up by the european banking authority after consulting the european forum of deposit insurers . this takes account of the risk profiles of individual banks , leads to a more precise calculation of contributions , tailored to market circumstances in the member states , and provides incentives to operate under a less risky business model . in order , for example , to take account of particularly low - risk sectors of lending which are governed by special laws , corresponding reductions in the contributions to be paid should be provided for .


### if the available financial means of a deposit guarantee scheme are insufficient to repay depositors when deposits become unavailable , its members shall pay extraordinary contributions not exceeding 0 . 5% of their eligible deposits per calendar year . that payment shall be executed one day before the time limit referred to in article 7 . ### the available financial means shall at least reach the target level . where the financing capacity falls short of the target level , the payment of contributions shall resume at least until the target level is reached again . the regular contribution shall not be less than 0 . 1% of the deposits covered , unless existing funds justify a lower annual contribution that allows the target level for 2025 to be reached . where , after the target level has been reached on the first occasion , the available financial means amount to less than two thirds of the target level because of the use of funds , the regular contribution shall not be less than 0 . 25% of deposits covered .


### deposits shall be paid out in the currency in which the account was maintained . if the amounts expressed in euro referred to in paragraph 1 are converted into other currencies , the amounts effectively paid to depositors shall be equivalent to those set out in this directive . ### deposits shall be paid out in the national currency or in euro . if the amounts expressed in euro referred to in paragraph 1 are converted into other currencies , the amounts effectively paid to depositors shall be equivalent to those set out in this directive .


### the financial means of deposit guarantee schemes should principally be used for the repayment of depositors . they could , however , also be used in order to finance the transfer of deposits to another credit institution , provided that the costs borne by the deposit guarantee scheme do not exceed the amount of covered deposits at the credit institution concerned . they could also to a certain extent , as circumscribed in the directive , be used to finance the prevention of bank failures . such measures should comply with state aid rules . this is without prejudice to the future commission policy concerning the establishment of national bank resolution funds . ### deposit guarantee schemes should have sufficient financial means for the repayment of depositors in the event of insolvency of a credit institution . in many cases , however , support measures to avert the insolvency of a credit institution have a more favourable effect in guaranteeing deposits than reimbursement of depositors . moreover , such measures may make it possible to avoid further costs and adverse effects on financial stability and the confidence of depositors . it should therefore also be possible to use the resources of deposit guarantee schemes for support measures . support measures should always entail conditions with which the institution receiving the support must comply . it should , however , also be possible to use them in conjunction with the orderly winding - up of a credit institution , provided that the costs borne by the deposit guarantee scheme do not exceed the amount of covered deposits at the credit institution concerned . such measures should comply with state aid rules . these options for action by deposit guarantee scheme operators are without prejudice to the future commission policy concerning the establishment of national bank resolution funds .


### the determination of the degree of risk incurred and the calculation of contributions shall be based on the elements referred to in annex i and ii . ### the determination of the degree of risk assumed and the calculation of contributions shall be based on the general principles laid down in annex i and ii , while it should be the task of the competent authorities of each member state to set thresholds for the indicators , scores and weights in respect of the classification model for credit institutions which are members of the scheme referred to in article 1 .


### if the available financial means of a deposit guarantee scheme are insufficient to repay depositors when deposits become unavailable , its members shall pay extraordinary contributions not exceeding 0 . 5% of their eligible deposits per calendar year . that payment shall be executed one day before the time limit referred to in article 7 . ### deleted


### if a credit institution ceases to be member of a scheme and joins another scheme , the contributions paid during the 6 months preceding the withdrawal of membership shall be reimbursed or transferred to the other scheme . this shall not apply if a credit institution has been excluded from a scheme pursuant to article 3 . ### if a credit institution ceases to be member of a scheme and joins another one , the available financial means of the first scheme attributed to that credit institution shall be transferred to the new scheme , provided this does not endanger the stability of the first scheme . this shall not apply if a credit institution has been excluded from a scheme pursuant to article 3 .


### the same coverage level should apply to all depositors regardless of whether a member state’s currency is the euro or not and regardless of whether a bank is a member of a system which protects the credit institution itself . member states outside the euro area should have the possibility to round off the amounts resulting from the conversion without compromising the equivalent protection of depositors . ### the same legal entitlement in relation to the deposit guarantee scheme should apply to all depositors in accordance with the coverage level provided for in this directive , regardless of whether a member state’s currency is the euro or not . member states outside the euro area should have the possibility to round off the amounts resulting from the conversion without compromising the equivalent protection of depositors .


### by 31 december 2012 , the european banking authority shall issue guidelines on the application of annex ii part b pursuant to [ article 8 of the eba regulation ] . ### by 31 december 2012 , the european banking authority shall issue guidelines on the application of annex ii part b and for the separate risk - based methods developed by the deposit guarantee schemes under paragraph 3a pursuant to the procedure in article 16 of regulation no 1093 / 2010 .


### the cumulated amount of contributions referred to paragraphs 1 and 2 may not exceed 1% of eligible deposits per calendar year . ### the cumulated amount of contributions referred to paragraph 1 may not exceed 1% of covered deposits per calendar year .


### while respecting the supervision of deposit guarantee schemes by member states , the european banking authority should contribute to the achievement of the objective of making it easier for credit institutions to take up and pursue their activities while at the same time ensuring effective protection for depositors . to that end , the authority should confirm that the conditions of borrowing between deposit guarantee schemes laid down in this directive are fulfilled and state , within the strict limits set by this directive , the amounts to be lent by each scheme , the initial interest rate as well as the duration of the loan . in this respect , the european banking authority should also collect information on deposit guarantee schemes , in particular on the amount of deposits covered by them , confirmed by competent authorities . it should inform the other deposit guarantee schemes about their obligation to lend . ### while respecting the supervision of deposit guarantee schemes by member states , the european banking authority should contribute to the achievement of the objective of making it easier for credit institutions to take up and pursue their activities while at the same time ensuring effective protection for depositors . to that end , the authority should confirm that the conditions of borrowing between deposit guarantee schemes laid down in this directive are fulfilled , the initial interest rate as well as the duration of the loan . in this respect , the european banking authority should also collect information on deposit guarantee schemes , in particular on the amount of deposits covered by them , confirmed by competent authorities .


### in the recent financial crisis , uncoordinated increases in the coverage levels across the eu led to depositors shifting money to banks in countries where deposit guarantees were higher . this drained liquidity from banks in times of stress . in times of stability , different coverage levels may lead to depositors choosing the highest deposit protection rather than the most suitable deposit product . this may result in competitive distortions in the internal market . it is therefore indispensable to ensure a harmonised level of deposit protection wherever deposits are located in the union . however , certain deposits relating to the personal situation of depositors may be covered at a higher level but for a limited time . ### in the recent financial crisis , uncoordinated increases in the coverage levels across the eu have in some cases led to depositors shifting money to banks in countries where deposit guarantees were higher . this drained liquidity from banks in times of stress . in times of stability , different coverage levels may lead to depositors choosing the highest deposit protection rather than the deposit product best suited to them . this may result in competitive distortions in the internal market . it is therefore indispensable to ensure a harmonised level of deposit protection by all recognised deposit guarantee schemes , wherever deposits are located in the union . however , certain deposits relating to the personal situation of depositors may be covered at a higher level but for a limited time .


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


### a roadworthiness certificate should be issued after each test , including inter alia information related to the identity of the vehicle and information on the results of the test . with a view to ensure a proper follow - up of roadworthiness tests , member states should collect and keep such information in a database . ### a roadworthiness certificate should be issued after each test , including inter alia information related to the identity of the vehicle and information on the results of the test . with a view to ensure a proper follow - up of roadworthiness tests , member states should collect and keep such information in a database . if possible also an electronic version of a roadworthiness certificate should be made available to the interested parties , but respecting the protection of personal data .


### for the purposes of checking the odometer reading , and where this information was not communicated electronically following the previous roadworthiness test , the inspector shall require the person presenting the vehicle to the test to show the certificate issued following the previous roadworthiness test . ### for the purposes of checking the odometer reading , and where normally fitted , the information of the previous roadworthiness test shall be made available to the inspector electronically . until electronic transfer of information is established , the inspector shall require the person presenting the vehicle to the test to show the certificate issued following the previous roadworthiness test . the odometer reading taken during the last roadworthiness test shall be made electronically available to the interested parties . this information may not contain personal data .


### odometer fraud is considered to affect between 5% and 12% of used cars sales , resulting in a very important cost to society of several billions euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle . with a view to combat odometer fraud , the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering or manipulation of the odometer . odometer fraud should also be more systematically considered as an offence liable to a penalty . ### odometer fraud is considered to affect between 5% and 12% of used cars sales , resulting in a very important cost to society of several billions euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle . with a view to combat odometer fraud , the recording of mileage and availability of these recordings to interested parties throughout the union would facilitate the detection of tampering or manipulation of the odometer . the member states should make readings of odometer available via existing framework of cooperation between the member states - eucaris ;


### roadworthiness testing is part of a wider regulatory scheme , governing vehicles throughout their lifetime from approval via registrations , inspections until scrapping . the development and interconnection of national and manufacturers ' electronic vehicle databases should in principle contribute to improve the efficiency of the whole vehicle administrative chain and reduce costs and administrative burdens . the commission should therefore carry out a study on the feasibility , costs and benefits of setting - up a european electronic vehicle information platform for this purpose . ### roadworthiness testing is part of a wider regulatory scheme , governing vehicles throughout their lifetime from approval via registrations , inspections until scrapping . the development and interconnection of national and manufacturers ' electronic vehicle databases should in principle contribute to improve the efficiency of the whole vehicle administrative chain and reduce costs and administrative burdens . the commission should therefore carry out a study on the feasibility , costs and benefits of setting - up a european electronic vehicle information platform as well as the possibilities of broadening the functionality of existing information exchange systems , with purpose to include in the platform sharing of odometer readings and to explore the possibilities to broaden information sharing even further .


### the average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve - month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this regulation . the maximum average wholesale charge shall decrease to eur 0 , 10 and eur 0 , 06 , on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 13 , the maximum average wholesale charge shall remain at eur 0 , 06 for the duration of this regulation . ### the average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve - month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this regulation . the maximum average wholesale charge shall decrease to eur 0 , 08 and eur 0 , 05 , on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 13 , the maximum average wholesale charge shall remain at eur 0 , 04 for the duration of this regulation .


### any roaming customer may request to switch to or from a eurotariff . any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription , save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service wishes to switch to a eurotariff , the home provider may require the switching customer to forego the benefits of the other elements of that package . a home provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding three months . ### any roaming customer may request to switch to or from a eurotariff . any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription , save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service wishes to switch to a eurotariff , the home provider may require the switching customer to forego the benefits of the other elements of that package . a home provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding one month .


### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 30 , eur 0 , 20 as of 1 july 2013 and eur 0 , 10 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 10 per megabyte of data transmitted for the duration of this regulation . ### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 20 , eur 0 , 10 as of 1 july 2013 and eur 0 , 05 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 05 per megabyte of data transmitted for the duration of this regulation .


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 90 per megabyte . the price ceiling for data used shall decrease to eur 0 , 70 and eur 0 , 50 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 50 , per megabyte used until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 50 per megabyte . the price ceiling for data used shall decrease to eur 0 , 30 and eur 0 , 20 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 19 , the regulated maximum retail charge shall remain at eur 0 , 20 , per megabyte used until 30 june 2017 .


### any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within five working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months . ### any switch to or from an alternative roaming provider , or between alternative roaming providers , shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within three working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding two months .


### with effect from 1 july 2014 , home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider . the roaming customers shall be given a period of two months within which to make their choice known to their home provider . roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment , in line with paragraphs 3 and 4 . ### before the date mentioned in paragraph 1 , home providers shall inform all their roaming customers in a clear , comprehensive and easily accessible form about the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider . roaming customers shall have the right to opt for an alternative roaming provider at any moment , in line with paragraphs 3 and 4 .


### such basic personalised tariff information shall be delivered to the roaming customer ' s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a member state other than that of his home network and initiates for the first time a regulated data roaming service in that particular member state . it shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension . ### such basic personalised tariff information shall be delivered to the roaming customer’s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a country other than that of his home network and initiates for the first time a data roaming service in that particular country . it shall be provided free of charge at the moment the roaming customer initiates a data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension .


### for the purpose of separate sale of roaming services , operators shall make sure that facilities are in place by 1 july 2014 at the latest , to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number . in order to enable the separate sale of roaming services , operators may in particular allow the use of a ‘ eu roaming profile’ on the same sim card and the use of the same terminal alongside domestic mobile services . pricing for interconnection related to the provision of this facility shall be cost - orientated and there should be no direct charges to consumers for the use of this facility . ### for the purpose of separate sale of roaming services in accordance with article 4 , operators shall make sure that facilities are in place by 1&#160 ; june 2014 at the latest , to ensure that their customers can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number and while using the same terminal . pricing for interconnection and additional support services related to the provision of these facilities shall be cost - orientated and there should be no direct charges to consumers for the use of this facility .


### each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for regulated data roaming services and which guarantees that , without the customer ' s explicit consent , the accumulated expenditure for regulated data roaming services over a specified period of use does not exceed a specified financial limit . ### each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for retail data roaming services provided both inside and outside the union and which guarantees that , without the customer’s explicit consent , the accumulated expenditure for such retail data roaming services over a specified period of use does not exceed a specified financial limit .


### any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within five working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months . ### any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within five working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding one month .


### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 10 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 10 until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer shall reduce to eur 0 , 07 on 1 july 2012 , to 0 , 06 on 1 july 2013 and to 0 , 05 on 1 july 2014 . without prejudice to article 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 05 until 30 june 2017 .


### with effect from 1 july 2014 , home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider . the roaming customers shall be given a period of two months within which to make their choice known to their home provider . roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment , in line with paragraphs 3 and 4 . ### before the date mentioned in paragraph 1 , home providers shall inform all their roaming customers in a clear , comprehensive and easily accessible form about the possibility to opt for roaming services from an alternative roaming provider , temporarily or permanently . roaming customers shall have the right to opt for an alternative roaming provider at any moment , temporarily or permanently , in line with paragraphs 3 and 4 .


### wholesale roaming access shall cover access to all network elements and associated facilities , relevant services , software and information systems , necessary for the provision of roaming services to customers . ### wholesale roaming access shall cover access to all network elements and associated facilities , relevant services , network capacity , software and information systems , necessary for the provision of roaming services to customers .


### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 30 , eur 0 , 20 as of 1 july 2013 and eur 0 , 10 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 10 per megabyte of data transmitted for the duration of this regulation . ### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 25 , eur 0 , 15 as of 1 july 2013 and eur 0 , 10 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 19 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 10 per megabyte of data transmitted for the duration of this regulation .


### wholesale roaming access shall cover access to all network elements and associated facilities , relevant services , software and information systems , necessary for the provision of roaming services to customers . ### wholesale roaming access shall cover as long as proportionality is guaranteed access to all network elements and associated facilities , relevant services , software and information systems , necessary for the provision of roaming services to customers . additional services beyond basic wholesale roaming access , for example the provision of billing or customer care services should be reimbursed .


### the average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the union by the relevant operator over the relevant period , aggregated on a per second basis adjusted to take account of the possibility for the operator of the visited network to apply an initial minimum charging period not exceeding 30 seconds . ### the average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the union by the relevant operator over the relevant period , aggregated on a per second basis .


### berec , after consulting stakeholders and in close co - operation with the commission , shall lay down , within a reasonable period of time not exceeding three months after the adoption of this regulation , guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services . upon a reasoned request from the berec , the commission may extend that period . ### berec , after consulting stakeholders and in close co - operation with the commission , shall lay down , within a reasonable period of time not exceeding three months after the adoption of this regulation , guidelines with regard to harmonised technical solutions relating to the facility for the separate sale of roaming services and to harmonised procedures to change the provider of roaming services , and relating to the facility for enabling access to local data roaming services . upon a reasoned request from berec , the commission may extend that period . where necessary , after consulting stakeholders and in close cooperation with the commission , berec may update the guidelines .


### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of regulated data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3 . the safeguard mechanisms referred to in paragraph 3 shall not apply to pre - paid customers . ### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on data roaming services in accordance with paragraphs 2 and 3 . the safeguard mechanisms referred to in paragraph 3 shall apply both to pre - paid and to post - paid customers .


### if , following the implementation of the separate sale of roaming services referred to in article 5 and before 1 july 2016 , the average retail charge at the union level falls to 75% or less of the maximum retail charges provided for in articles 7 , 9 and 12 , the maximum retail charges for that roaming services shall no longer apply . the commission shall regularly verify , on the basis of the market data collected by berec , whether this condition is met and , if so , it shall publish without delay in the c series of the official journal of the european union the data proving that the maximum retail charges no longer apply for the service concerned . ### if , following the implementation of the separate sale of roaming services referred to in article 5 , the average retail charge at the union level falls to 50% or less of the maximum retail charges provided for in articles 7 , 9 and 12 , the maximum retail charges for that roaming services shall no longer apply . the commission shall regularly verify , on the basis of the market data collected by berec , whether this condition is met and , if so , it shall publish without delay in the c series of the official journal of the european union the data proving that the maximum retail charges no longer apply for the service concerned .


### if necessary , the commission could give a mandate to a european standardisation body for the adaptation of the relevant standards that are necessary for the harmonised implementation of the facility . ### if necessary , the commission shall give a mandate to a european standardisation body for the adaptation of the relevant standards that are necessary for the harmonised implementation of the facility . the commission shall , after having consulted berec and relevant stakeholders , be empowered to adopt delegated acts in accordance with article 18a in order to establish harmonised technical solutions relating both to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services .


### mobile network operators shall meet all reasonable requests for wholesale roaming access , including those from mobile virtual network operators and resellers . rules on regulated wholesale roaming tariffs laid down in articles 6 , 8 and 11 shall apply for the provision of wholesale roaming access . ### mobile network operators shall not restrict wholesale roaming access to their networks , unless the operator demonstrates that a restriction is reasonable . rules on regulated wholesale roaming tariffs laid down in articles 6 , 8 and 11 shall apply for the provision of wholesale roaming access .


### mobile network operators shall meet all reasonable requests for wholesale roaming access , including those from mobile virtual network operators and resellers . rules on regulated wholesale roaming tariffs laid down in articles 6 , 8 and 11 shall apply for the provision of wholesale roaming access . ### mobile network operators shall meet all reasonable requests for wholesale roaming access , including those from mobile virtual network operators and resellers . the request for wholesale roaming access should remain proportional and adapted to the party requesting access . rules on regulated wholesale roaming tariffs laid down in articles 6 , 8 and 11 shall apply for the provision of wholesale roaming access . those rules are without prejudice to the recovery of other costs linked to the delivery of the wholesale roaming access by the mobile network operator .


### in order to improve the transparency of retail prices for making and receiving regulated roaming calls within the union and to help roaming customers make decisions on the use of their mobile telephones while abroad , providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited member state . moreover , providers should give their customers , on request and free of charge , additional information on the per - minute or per - unit data charges for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state . since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt - out from this automatic message service . ### in order to improve the transparency of retail prices for the use of roaming services and to help roaming customers make decisions on the use of their mobile telephones while abroad , when travelling both within and outside the union , providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when using roaming services in a visited country . moreover , providers should give their customers , provided that they are located in the union , on request and free of charge , additional information on the per - minute or per - unit data charges for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state . since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt - out from this automatic message service .


### with effect from 1 july 2014 , home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider . the roaming customers shall be given a period of two months within which to make their choice known to their home provider . roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment , in line with paragraphs 3 and 4 . ### before the date mentioned in paragraph 1 , home providers shall inform all their roaming customers in a clear , comprehensive and easily accessible form about the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider . roaming customers shall have the right to opt for an alternative roaming provider at any moment , in line with paragraphs 3 and 4 .


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 90 per megabyte . the price ceiling for data used shall decrease to eur 0 , 70 and eur 0 , 50 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 50 , per megabyte used until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 50 per megabyte . the price ceiling for data used shall decrease to eur 0 , 30 and eur 0 , 20 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 19 , the regulated maximum retail charge shall remain at eur 0 , 20 , per megabyte used until 30 june 2017 .


### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 30 , eur 0 , 20 as of 1 july 2013 and eur 0 , 10 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 10 per megabyte of data transmitted for the duration of this regulation . ### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 23 , eur 0 , 17 as of 1 july 2013 , eur 0 , 10 as of 1 july 2014 and eur 0 , 08 as of 1 july 2015 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 08 per megabyte of data transmitted for the duration of this regulation .


### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 30 , eur 0 , 20 as of 1 july 2013 and eur 0 , 10 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 10 per megabyte of data transmitted for the duration of this regulation . ### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 20 , eur 0 , 10 as of 1 july 2013 and eur 0 , 05 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 05 per megabyte of data transmitted for the duration of this regulation .


### the commission shall review the functioning of this regulation and , after a public consultation , shall report to the european parliament and the council no later than 30 june 2015 . the commission shall evaluate in particular whether the objectives of this regulation have been achieved . in so doing , the commission shall review , inter alia : ### the commission shall review the functioning of this regulation and , after a public consultation , shall report to the european parliament and the council no later than 30 june 2016 . the commission shall evaluate in particular whether the objectives of this regulation have been achieved . in so doing , the commission shall review , inter alia :


### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 10 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 10 until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer shall decrease to eur 0 , 09 on 1 july 2012 , eur 0 , 07 on 1 july 2013 and to eur 0 , 06 on 1 july 2014 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 06 until 30 june 2016 .


### such basic personalised tariff information shall be delivered to the roaming customer ' s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a member state other than that of his home network and initiates for the first time a regulated data roaming service in that particular member state . it shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension . ### such basic personalised tariff information shall be delivered to the roaming customer’s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a country other than that of his home network and initiates for the first time a data roaming service in that particular country . it shall be provided free of charge at the moment the roaming customer initiates a data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension .


### consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package . basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the union . consumers should be able to choose a different provider for roaming services without changing their number , and in a manner which ensures interoperability of services , with roaming services being provided anywhere in the union and with the same level of quality . ### consumers should have the right , in a consumer - friendly way , to opt for the separate sale of roaming services from their domestic mobile package . there are currently several ways in which a facility for separate sale of roaming services could be technically implemented , including dual imsi , single imsi and combinations of dual or single imsi with a right for the subscriber to transfer to a provider in a visited country . while this regulation should not lay down any particular technical solution to achieve the aim of enabling separate sale of roaming services , but instead pave the way for the most effective and efficient solution , including combined solutions , to be developed by berec in close cooperation with the commission , essential requirements should be laid down with regard to the technical characteristics which should be met by any facility for a separate sale of roaming services . those essential requirements should include the introduction of the possibility in a coordinated manner across the union , for consumers to quickly and easily choose a different provider for roaming services without changing their number , with roaming services being provided anywhere in the union and with the same level of quality . furthermore , roaming outside the union or by third - country nationals inside the union should not be impeded . it follows from the essential requirements that any technical solution should ensure interoperability of services .


### at the time of making or renewing a contract on mobile communication services , home providers shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and facilitate the conclusion of a contract with an alternative roaming provider . customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility . the providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers . ### at the time of making or renewing a contract on mobile communication services , providers of domestic mobile communications services shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and shall not hinder the conclusion of a contract with an alternative roaming provider . customers concluding a contract with the provider of domestic mobile communications services shall explicitly confirm that they have been informed of such possibility . the providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers .


### with effect from 1 july 2014 , home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider . the roaming customers shall be given a period of two months within which to make their choice known to their home provider . roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment , in line with paragraphs 3 and 4 . ### with effect from 1 june 2014 , providers of domestic mobile communications services shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services offered by an alternative roaming provider in accordance with paragraph 1 . the roaming customers shall be given a period of two months within which to make their choice known to their providers of domestic mobile communications services . in case a customer chooses to switch to an alternative roaming provider within this time limit , the switch should be carried out within a maximum period of one working day . roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment , in line with paragraphs 3 and 4 .


### an automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the member state concerned , except where the customer has notified his home provider that he does not require this information . ### an automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of data roaming services to that roaming customer in the member state concerned , except where the customer has notified his home provider that he does not require this information .


### for the purpose of separate sale of roaming services , operators shall make sure that facilities are in place by 1 july 2014 at the latest , to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number . in order to enable the separate sale of roaming services , operators may in particular allow the use of a ‘ eu roaming profile’ on the same sim card and the use of the same terminal alongside domestic mobile services . pricing for interconnection related to the provision of this facility shall be cost - orientated and there should be no direct charges to consumers for the use of this facility . ### for the purpose of separate sale of roaming services , operators shall make sure that facilities meeting the requirements of paragraph 1 are in place by 1 july 2014 at the latest . there shall be no direct charges to end - users for the use of the facility for separate sale of roaming services .


### the average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve - month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this regulation . the maximum average wholesale charge shall decrease to eur 0 , 10 and eur 0 , 06 , on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 13 , the maximum average wholesale charge shall remain at eur 0 , 06 for the duration of this regulation . ### the average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve - month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this regulation . the maximum average wholesale charge shall decrease to eur 0 , 05 and eur 0 , 03 , on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 19 , the maximum average wholesale charge shall remain at eur 0 , 03 for the duration of this regulation .


### the average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve - month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this regulation . the maximum average wholesale charge shall decrease to eur 0 , 10 and eur 0 , 06 , on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 13 , the maximum average wholesale charge shall remain at eur 0 , 06 for the duration of this regulation . ### the average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve - month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this regulation . the maximum average wholesale charge shall decrease to eur 0 , 08 and eur 0 , 05 , on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 13 , the maximum average wholesale charge shall remain at eur 0 , 04 for the duration of this regulation .


### to alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an sms message , each home provider shall , except when the customer has notified his home provider that he does not require this service , provide the customer , automatically by means of a message service , without undue delay and free of charge , when he enters a member state other than that of his home network , with basic personalised pricing information on the roaming charges that apply to the making and receiving of calls and to the sending of sms messages by that customer in the visited member state . ### to alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an sms message , each home provider shall , except when the customer has notified his home provider that he does not require this service , provide the customer , automatically by means of a message service , without undue delay and free of charge , when he enters a country other than that of his home network , with basic personalised pricing information on the roaming charges that apply to the making and receiving of calls and to the sending of sms messages by that customer in the visited country .


### the average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve - month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this regulation . the maximum average wholesale charge shall decrease to eur 0 , 10 and eur 0 , 06 , on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 13 , the maximum average wholesale charge shall remain at eur 0 , 06 for the duration of this regulation . ### the average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve - month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this regulation . the maximum average wholesale charge shall decrease to eur 0 , 07 and eur 0 , 04 , on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 19 , the maximum average wholesale charge shall remain at eur 0 , 04 for the duration of this regulation .


### an automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the member state concerned , except where the customer has notified his home provider that he does not require this information . ### an automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the country concerned , except where the customer has notified his home provider that he does not require this information .


### for the purpose of separate sale of roaming services , operators shall make sure that facilities are in place by 1 july 2014 at the latest , to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number . in order to enable the separate sale of roaming services , operators may in particular allow the use of a ‘ eu roaming profile’ on the same sim card and the use of the same terminal alongside domestic mobile services . pricing for interconnection related to the provision of this facility shall be cost - orientated and there should be no direct charges to consumers for the use of this facility . ### for the purpose of separate sale of roaming services in accordance with article 4 , operators shall make sure that facilities are in place by 1&#160 ; june 2014 at the latest , to ensure that their customers can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number and while using the same terminal . pricing for interconnection and additional support services related to the provision of these facilities shall be cost - orientated and there should be no direct charges to consumers for the use of this facility .


### wholesale roaming access shall cover access to all network elements and associated facilities , relevant services , software and information systems , necessary for the provision of roaming services to customers . ### wholesale roaming access shall cover as long as proportionality is guaranteed access to all network elements and associated facilities , relevant services , software and information systems , necessary for the provision of roaming services to customers . additional services beyond basic wholesale roaming access , for example the provision of billing or customer care services should be reimbursed .


### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 30 , eur 0 , 20 as of 1 july 2013 and eur 0 , 10 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 10 per megabyte of data transmitted for the duration of this regulation . ### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of&#160 ; 200 eur , 150 eur as of 1 july 2013 and 100 eur as of 1 july 2014 per gigabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at&#160 ; 100 eur per gigabyte of data transmitted for the duration of this regulation .


### with effect from 1&#160 ; july &#160 ; 2012&#160 ; , the average wholesale charge that the operator of a visited network may levy from the customer ' s &#160 ; home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur&#160 ; &#160 ; 0 , 03&#160 ; per sms message . &#160 ; the maximum average wholesale charge for the provision of a regulated roaming sms message shall decrease to eur 0 , 02 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 02 for the duration of this regulation . &#160 ; ### with effect from 1&#160 ; july &#160 ; 2012&#160 ; , the average wholesale charge that the operator of a visited network may levy from the customer ' s &#160 ; home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur&#160 ; &#160 ; 0 , 02&#160 ; per sms message . &#160 ; the maximum average wholesale charge for the provision of a regulated roaming sms message shall decrease to eur 0 , 01 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 01 for the duration of this regulation . &#160 ;


### in order to ensure that regulatory obligations on wholesale and retail charges for voice , sms and data roaming services are not maintained longer than necessary when the structural solutions are fully in place and competition is sufficiently developed in the roaming market , conditions should be set for non - application of maximum wholesale and retail charges already before the deadlines foreseen . such conditions should be based on a significant difference between price caps and actual price levels . it is considered that a significant difference will be reached if prices have on average in the union reached 75% of the price cap . for wholesale price caps the 75% criterion shall be based on the unbalanced traffic between operators that do not belong to the same group . in order to limit distortions between member states , the 75% criterion for retail price caps shall be calculated by averaging at the union level the national averages for each roaming service separately . ### in order to ensure that regulatory obligations on wholesale and retail charges for voice , sms and data roaming services are not maintained longer than necessary when the structural solutions are fully in place and competition is sufficiently developed in the roaming market , conditions should be set for non - application of maximum wholesale and retail charges already before the deadlines foreseen . such conditions should be based on a significant difference between price caps and actual price levels . it is considered that a significant difference will be reached if prices everywhere in the union reached 75% of the price cap . for wholesale price caps the 75% criterion shall be based on the unbalanced traffic between operators that do not belong to the same group . the 75% criterion for retail price caps shall be calculated for each roaming service separately .


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 90 per megabyte . the price ceiling for data used shall decrease to eur 0 , 70 and eur 0 , 50 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 50 , per megabyte used until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed 500 eur per gigabyte . the price ceiling for data used shall decrease to 300 eur and 200 eur , per gigabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at 200 eur , per gigabyte used for the duration of this regulation .


### any roaming customer may request to switch to or from a euro - data tariff respecting their contractual conditions at any point in time . any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming . a home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding three months . a euro - data tariff may always be combined with a euro - sms tariff and a eurotariff . ### any roaming customer may request to switch to or from a euro - data tariff respecting their contractual conditions at any point in time . any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming . a home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding two months . a euro - data tariff may always be combined with a euro - sms tariff and a eurotariff .


### any roaming customer may request to switch to or from a euro - sms tariff at any time . any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming . a home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding three months . a euro - sms tariff may always be combined with a eurotariff . ### any roaming customer may request to switch to or from a euro - sms tariff at any time . any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming . a home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding two months . a euro - sms tariff may always be combined with a eurotariff .


### each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for regulated data roaming services and which guarantees that , without the customer ' s explicit consent , the accumulated expenditure for regulated data roaming services over a specified period of use does not exceed a specified financial limit . ### each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for retail data roaming services provided both inside and outside the union and which guarantees that , without the customer’s explicit consent , the accumulated expenditure for such retail data roaming services over a specified period of use does not exceed a specified financial limit .


### sending regulated roaming sms messages while in the visited member state . ### sending roaming sms messages while in the visited country .


### consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package . basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the union . consumers should be able to choose a different provider for roaming services without changing their number , and in a manner which ensures interoperability of services , with roaming services being provided anywhere in the union and with the same level of quality . ### in the member states where their contract for the provision of domestic mobile services is concluded , consumers should have the right to opt for the separate sale of retail roaming services from their domestic mobile package . consumers should be able to choose a different provider for retail roaming services without changing their number , and in a manner which ensures interoperability of services , with retail roaming services being provided anywhere in the union .


### the average wholesale charge that the operator of a visited network may levy from the customer ' s &#160 ; home provider for the provision of a regulated roaming call originating on that visited network , inclusive inter alia of origination , transit and termination costs , shall not exceed eur &#160 ; 0 , 14&#160 ; per minute as of 1 july 2012 . ### the average wholesale charge that the operator of a visited network may levy from the customer ' s &#160 ; home provider for the provision of a regulated roaming call originating on that visited network , inclusive inter alia of origination , transit and termination costs , shall not exceed eur &#160 ; 0 , 10&#160 ; per minute as of 1 july 2012 .


### in order to improve the transparency of retail prices for making and receiving regulated roaming calls within the union and to help roaming customers make decisions on the use of their mobile telephones while abroad , providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited member state . moreover , providers should give their customers , on request and free of charge , additional information on the per - minute or per - unit data charges for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state . since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt - out from this automatic message service . ### in order to improve the transparency of retail prices for the use of roaming services and to help roaming customers make decisions on the use of their mobile telephones while abroad , when travelling both within and outside the union , providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when using roaming services in a visited country . moreover , providers should give their customers , provided that they are located in the union , on request and free of charge , additional information on the per - minute or per - unit data charges for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state . since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt - out from this automatic message service .


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 90 per megabyte . the price ceiling for data used shall decrease to eur 0 , 70 and eur 0 , 50 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 50 , per megabyte used until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 50 per megabyte . the price ceiling for data used shall decrease to eur 0 , 30 and eur 0 , 20 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 19 , the regulated maximum retail charge shall remain at eur 0 , 20 , per megabyte used until 30 june 2017 .


### ‘ alternative roaming provider’ means a home provider , different from the operator providing domestic mobile communication services , that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller ; ### ‘ alternative roaming provider’ means a provider , different from the operator providing domestic mobile communication services , that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller ;


### with effect from 1 july 2014 , home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider . the roaming customers shall be given a period of two months within which to make their choice known to their home provider . roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment , in line with paragraphs 3 and 4 . ### before the date mentioned in paragraph 1 , home providers shall inform all their roaming customers in a clear , comprehensive and easily accessible form about the possibility to opt for roaming services from an alternative roaming provider , temporarily or permanently . roaming customers shall have the right to opt for an alternative roaming provider at any moment , temporarily or permanently , in line with paragraphs 3 and 4 .