### take all appropriate measures to encourage doctors , pharmacists and other health - care professionals to report suspected adverse reactions to the national competent authority or the marketing authorisation holder ; ### take all appropriate measures to encourage patients , doctors , pharmacists and other health - care professionals to report suspected adverse reactions to the national competent authority . those measures shall include training for healthcare professionals and for patients , and a public information campaign for patients . patient organisations should be involved in providing information and training to patients ;


### it considers suspending or revoking of a marketing authorisation ; it considers prohibiting the supply of a medicinal product ; it considers refusing the renewal of a marketing authorisation ; ### it considers , as a result of the evaluation of pharmacovigilance data : - suspending or revoking of a marketing authorisation ; - prohibiting the supply of a medicinal product ; - refusing the renewal of a marketing authorisation ;


### following the information referred to in article 107i , the agency shall publicly announce the initiation of the procedure by means of the european medicines safety web - portal . ### following the information referred to in article 107i , the agency shall notify the concerned marketing authorisation holders and publicly announce the initiation of the procedure by means of the european medicines safety web - portal .


### regulation no xxx / 2013 of the european parliament and of the council on the implementation and exploitation of european satellite navigation systems8 , replacing regulation no 683 / 2008 , which will enter into force on 1 january 2014 , defines the public governance arrangements for the programmes during 2014 - 2020 . it extends the tasks entrusted to the agency and provides , in particular , for the agency to play a major role in the exploitation of the systems . ### regulation no xxx / 2013 of the european parliament and of the council on the implementation and exploitation of european satellite navigation systems8 , replacing regulation no 683 / 2008 , which will enter into force on 1 january 2014 , defines the public governance arrangements for the programmes during 2014 - 2020 . it confers overall responsibility for the programmes on the commission and makes the commission responsible for ensuring the security of the programmes , including the security of the systems and their operation . in addition , it extends the tasks entrusted to the agency and provides , in particular , for the agency to play a major role in the exploitation of the systems and in maximising the socio - economic benefits thereof .


### in addition , in the interests of preserving the independence of the security accreditation board and avoiding any conflicts of interest , it would also be useful for the security accreditation board and the agency staff under its control to carry out their work in a location ensuring their autonomy and independence with regard to the agency ' s other activities , in particular vis - à - vis the operational activities associated with the exploitation of the systems and for the agency ' s internal rules on staff to ensure the autonomy and independence of the staff performing the security accreditation activities vis - à - vis staff carrying out other agency activities . ### in addition , in the interests of preserving the independence of the security accreditation board and avoiding any conflicts of interest , it is essential for the security accreditation board and the agency staff under its control to carry out their work autonomously and independently with regard to the agency ' s other activities , in particular vis - à - vis the operational activities associated with the exploitation of the systems , and for the agency ' s internal rules on staff to ensure the autonomy and independence of the staff performing the security accreditation activities vis - à - vis staff carrying out other agency activities .


### regulation no 912 / 2010 must be made consistent with the principles contained in the shared approach of the parliament , council and commission to the decentralised agencies , adopted by the three institutions on 5 july , 26 june and 12 june 2012 respectively , particularly with regard to the rules for adopting decisions of the administrative board , the terms of office of the members of the administrative board and security accreditation board and those of their chairpersons , the existence of a multiannual work programme , the powers of the administrative board concerning staff management , assessment and revision of the regulation , prevention of conflicts of interest and handling of non - classified sensitive information . ### regulation no 912 / 2010 must be made consistent with the principles contained in the shared approach of the parliament , council and commission to the decentralised agencies , adopted by the three institutions on 5 july , 26 june and 12 june 2012 respectively , particularly with regard to the rules for adopting decisions of the administrative board , the terms of office of the members of the administrative board and security accreditation board and those of their chairpersons , the existence of a multiannual work programme , the powers of the administrative board concerning staff management , assessment and revision of the regulation , prevention and management of conflicts of interest and handling of non - classified sensitive information .


### the provisions relating to the installation and operation of the agency in the member states and host third countries and those relating to advantages accorded by the latter to the executive director , members of the administrative board , agency staff and members of their families are subject to specific arrangements made by the agency with those member states and countries . the specific arrangements shall be approved by the administrative board . ### the provisions relating to the installation and operation of the agency in the member states and host third countries and those relating to advantages accorded by the latter to the executive director , members of the administrative board and the security accreditation board , agency staff and members of their families are subject to specific arrangements made by the agency with those member states and countries . the specific arrangements shall be approved by the administrative board .


### the duration of the term of office of the administrative board members shall be four years and shall be renewable . ### the duration of the term of office of the administrative board members shall be four years and shall be renewable . the european parliament , the commission and the member states shall endeavour to limit turnover of their representatives on the administrative board .


### a majority of two thirds of all voting members is required for election of the chairperson of the administrative board and the deputy chairperson , and adoption of the budget and work programmes . ### a majority of two thirds of all voting members is required for the election and dismissal of the chairperson and deputy chairperson of the administrative board and for the adoption of the budget and work programmes .


### adopt , by 30 june of the first year of the multiannual financial framework provided for under article 312 of the treaty on the functioning of the european union , the multiannual work programme of the agency for the period covered by the multiannual financial framework after incorporating the section drafted by the security accreditation board in accordance with article 11 and after having received the commission ' s opinion ; ### adopt , by 30 june of the first year of the multiannual financial framework provided for under article 312 of the treaty on the functioning of the european union , the multiannual work programme of the agency for the period covered by the multiannual financial framework after incorporating the section drafted by the security accreditation board in accordance with article 11 and after having received the commission ' s opinion and having consulted the european parliament ;


### adopt its rules of procedure . ### adopt its rules of procedure and make them public ;


### he / she shall be responsible for representing the agency , except in respect of activities and decisions undertaken in accordance with chapters ii and iii , and shall be in charge of its management ; he / she shall sign the delegation agreements made by the commission and the agency under article [ 15 ] of the regulation [ future gnss regulation ] ; ### he / she shall be responsible for representing the agency , except in respect of activities and decisions undertaken in accordance with chapters ii and iii , and shall be in charge of its day - to - day administration ; he / she shall sign the delegation agreements made by the commission and the agency under article [ 15 ] of the regulation [ future gnss regulation ] ;


### he / she shall prepare the work of the administrative board and participate , without having the right to vote , in the work of the administrative board ; ### he / she shall prepare the work of the administrative board and participate , without having the right to vote , in the work of the administrative board , subject to the second subparagraph of article 5 ;


### he / she shall be responsible for implementing the annual work programmes of the agency under the control of the administrative board , with the exception of the part of the programmes covered in chapter iii ; ### he / she shall be responsible for preparing the multiannual and annual work programmes of the agency and submitting them to the administrative board , with the exception of the parts prepared and adopted by the security accreditation board in accordance with article 11 and ;


### he / she shall prepare a draft general report each year , duly taking into account the comments of the chairperson of the security accreditation board concerning the activities covered in chapter iii , and submit it to the administrative board ; ### he / she shall prepare the annual report on the activities and prospects of the agency , with the exception of the part prepared and adopted by the security accreditation board in accordance with article 11 , and submit it to the administrative board for approval ;


### he / she shall prepare an action plan for monitoring the findings and recommendations of the assessments made and submit a twice - yearly progress report to the commission ; ### he / she shall prepare an action plan following up on the findings and recommendations stemming from the evaluations made pursuant to article 26 , as well as those arising from olaf investigations and all internal or external audit reports , and submit a twice - yearly progress report to the commission ;


### the multiannual programme of the agency , referred to in article 6 lays down the actions that the agency must perform during the period covered by the multiannual financial framework provided for in article 312 of the treaty on the functioning of the european union , including actions associated with international relations and the communication for which it is responsible . this programme shall determine the human and financial resources assigned to each activity . it shall take into account the assessments referred to in article 26 . ### the multiannual work programme of the agency , as referred to in article 6 , shall comprise objectives and expected results , including performance indicators . it shall contain the actions to be performed by the agency during the period covered by the multiannual financial framework provided for in article 312 of the treaty on the functioning of the european union , including actions associated with international relations and the communication for which it is responsible , and shall indicate the human and financial resources assigned to each activity . it shall take into account the evaluations referred to in article 26 .


### based on the multiannual work programme , the annual work programme referred to in article 6 lays down the actions that the agency must perform during the coming year , including actions associated with international relations and the communication for which it is responsible . this programme shall determine the human and financial resources assigned to each activity . for information purposes , it shall include the tasks that the commission has delegated , as required , to the agency pursuant to article [ 15 ] of the regulation . ### the annual work programme referred to in article 6 shall be based on the multiannual work programme . it shall comprise detailed objectives and expected results , including performance indicators . it shall contain a detailed description of the actions to be performed by the agency during the coming year , including actions associated with international relations and the communication for which it is responsible , and shall indicate the human and financial resources assigned to each activity , in accordance with the principles of activity - based budgeting and management . it shall clearly indicate which tasks have been added , changed or deleted in comparison with the previous year . for information purposes , it shall include the tasks that the commission has delegated , as required , to the agency pursuant to article [ 15 ] of the regulation .


### the term of office of the members of the security accreditation board shall be four years and shall be renewable . ### the term of office of the members of the security accreditation board shall be four years and shall be renewable . the commission , the high representative and the member states shall endeavour to limit turnover of their representatives on the security accreditation board .


### manage security accreditation activities under the supervision of the security accreditation board ; ### prepare the work of the security accreditation board and manage security accreditation activities under the supervision of that board ;


### ensure the implementation of part of the agency ' s work programmes covered in this chapter under the supervision of the security accreditation board ; ### implement the parts of the agency ' s multiannual and annual work programmes prepared and approved by the security accreditation board pursuant to article 11 and under the supervision of that board ;


### the executive director shall be appointed by the administrative board on the grounds of merit and documented administrative and managerial skills , as well as relevant competence and experience , from a list of candidates proposed by the commission , after an open and transparent competition , following publication a call for expressions of interest in the official journal of the european union and elsewhere . ### the executive director shall be appointed by the administrative board , after confirmation by the european parliament , on the grounds of merit and documented administrative and managerial skills , as well as relevant competence and experience , from a list of candidates proposed by the commission , after an open and transparent competition , following publication a call for expressions of interest in the official journal of the european union and elsewhere .


### the agency may also use national experts . . these experts shall have appropriate security clearances . ### the agency may make use of seconded national experts . such experts shall have appropriate security clearances . the staff regulations and the conditions of employment of other servants shall not apply to such experts . the administrative board shall adopt a decision laying down rules on the secondment to the agency of national experts . before adopting that decision , it shall consult the security accreditation board with regard to the secondment of national experts involved in the security accreditation activities referred to in chapter iii and shall duly take account of its observations .


### the executive director , as well as officials seconded by member states and the commission on a temporary basis shall make a declaration of commitments and a declaration of interests indicating the absence of any direct or indirect interests , which might be considered prejudicial to their independence . these declarations shall be made in writing on their entry into service and shall be renewed in the event of a change in their personal circumstances . ### the administrative board shall adopt rules for the prevention and management of conflicts of interest . those rules shall apply to the whole agency and shall be made public . before adopting those rules , it shall consult the security accreditation board and shall duly take account of its observations .


### before any meeting which they are to attend , external experts participating in ad hoc working groups shall declare the absence of any interest which might place their independence in question in view of the items on the agenda . ### the rules referred to in paragraph 1 shall as a minimum : lay down a requirement for members of the administrative board and the security accreditation board , the executive director , agency staff and seconded national experts to make a declaration of commitments and a declaration of any interest which might be considered prejudicial to their independence ; require the declarations referred to in point to be accurate and complete , to be made in writing on entry into service of the persons concerned and renewed in the event of a change in their personal circumstances and to be made public ; include clear and objective criteria for assessment of the declarations made pursuant to point , ensure consistent application of those criteria and make provision for any such declaration to be verified should any concerns be raised in relation thereto ; include a procedure for ensuring that any individual with an interest that might be considered prejudicial to his or her independence in relation to an item on a meeting agenda does not take part in the discussion or decision on that item ; contain a clear and consistent policy and procedures to address breaches of the rules , including effective , proportionate and dissuasive penalties ; provide for appropriate compulsory training on conflicts of interest for the executive director , all staff of the agency , seconded national experts , and the members of the administrative board and the security accreditation board ; address issues relating to the situation after an individual ' s position with the agency has ended .


### draft legislative resolution ### considers that the annual amount will be decided during the annual budgetary procedure , including if necessary through application of point 37 of the interinstitutional agreement of 17 may 2006 between the european parliament , the council and the european commission on budgetary discipline and sound financial management , or by other means foreseen in the iia ;


### draft legislative resolution ### considers that the funding of new activities should not jeopardise existing programmes ;


### the annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework . ### the annual appropriations will be decided during the annual budgetary procedure , including if necessary through application of point 37 of the interinstitutional agreement of 17 may 2006 between the european parliament , the council and the european commission on budgetary discipline and sound financial management1 , or by other means foreseen in the iia . oj c 139 , 14 . 6 . 2006 , p . 1


### a european microfinance facility for employment and social inclusion , called the progress microfinance facility , is hereby established . ### a european microfinance facility for employment and social inclusion , called the european microfinance facility , is hereby established .


### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . public procurement is a key tool in the process of reframing european industrial policy . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### the contracting entities shall notify the commission or the national oversight body at their request of all the categories of products or activities which they regard as excluded under paragraph 1 . the commission may periodically publish in the official journal of the european union , for information purposes , lists of the categories of products and activities which it considers to be covered by this exclusion . in so doing , the commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding information . ### the contracting entities shall notify the commission or the national competent body at their request of all the categories of products or activities which they regard as excluded under paragraph 1 . the commission may periodically publish in the official journal of the european union , for information purposes , lists of the categories of products and activities which it considers to be covered by this exclusion . in so doing , the commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding information .


### a particular procedure of an international organisation ; ### a particular procedure of an international organisation , which has its affiliation in the member state ;


### for this purpose , contracting entities may seek or accept advice from administrative support structures or from third parties or market participants , provided that such advice does not have the effect of precluding competition and does not result in a violation of the principles of non - discrimination and transparency . ### for this purpose , contracting entities may seek or accept advice from administrative support structures or from independent third parties or market participants , provided that such advice does not have the effect of precluding competition and does not result in a violation of the principles of non - discrimination and transparency .


### contracts may be subdivided into homogenous or heterogeneous lots . article 13 applies . ### with a view to maximizing competition and access of smes to public procurement , contracts may be subdivided into lots . article 13 applies .


### contracting entities shall indicate , in the contract notice , in the invitation to confirm interest , or , where the means of calling for competition is a notice on the existence of a qualification system , in the invitation to tender or to negotiate , whether tenders are limited to one or more lots only . ### where contracting entity limits the possibility to tender to one or more lots it shall indicate it in the contract notice , in the invitation to confirm interest , or , where the means of calling for competition is a notice on the existence of a qualification system , in the invitation to tender or to negotiate , or in the procurement documents .


### the contracting entity shall request economic operators to explain the price or costs charged , where all of the following conditions are fulfilled : ### the contracting entity shall request economic operators to explain the price or costs charged , if at least one of the following conditions are fulfilled :


### the price or cost charged is more than 50 % lower than the average price or costs of the remaining tenders ; ### the price or cost indicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders ;


### the price or cost charged is more than 20 % lower than the price or costs of the second lowest tender ; ### the price or cost indicated in a tender is at least 15 % lower than the price or costs of the second lowest tender ;


### illegal waste shipments frequently stem from uncontrolled collection , storage and sorting facilities . inspection requirements should therefore be introduced for such waste sites . ### illegal waste shipments frequently stem from uncontrolled collection , storage and sorting facilities . inspection requirements should therefore be introduced for such waste sites . in addition , the commission should consider the possibility of introducing a union - wide certification system for hazardous waste treatment facilities and , if appropriate , submit a proposal .


### the commission shall be empowered to adopt delegated acts in accordance with article 59 concerning technical and organisational requirements for the practical implementation of electronic data interchange for the submission of documents and information . ### the commission shall be empowered to adopt implementing acts in accordance with article 59 concerning technical and organisational requirements for the practical implementation of electronic data interchange for the submission of documents and information .


### ' 2 . member states shall , by way of measures for the enforcement of this regulation , provide , inter alia , for inspections of establishments and undertakings in accordance with article 34 of directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste14 , and for spot checks on shipments of waste or on the related recovery or disposal . ' __________________ 14 oj l 312 , 22 . 11 . 2008 , p . 3 . ### ' 2 . member states shall , by way of measures for the enforcement of this regulation , provide , inter alia , for inspections of establishments and undertakings in accordance with article 34 of directive 2008 / 98 / ec of the european parliament and of the council14 , including brokers and dealers , and for inspections on shipments of waste and on the related recovery or disposal . ' __________________ 14 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste .


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


### an assignment of tasks to each authority involved in waste shipment inspections ; ### a description of the powers of the authorities involved in waste shipment inspections ;


### in cases of a suspected illegal shipment , require the person in charge of the shipment to submit a copy of the invoice and contract relating to the sale or transfer of ownership of the substance or object , which states that it is destined for re - use within the meaning of article 2 and to prove that it is fully functional . ### in cases of a suspected illegal shipment , require the person in charge of the shipment to submit evidence in the form of documents , including a copy of the invoice and contract relating to the sale or transfer of ownership of the substance or object , which states that it is destined for re - use within the meaning of article 2 and to prove that it is fully functional and that it is therefore not waste .


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


### recreational fisheries of salmon in the baltic sea where such fisheries are conducted by service vessels . ### recreational fisheries of salmon in the member states concerned , where it has a significant impact .


### for wild salmon rivers which have reached 50% of the potential smolt production capacity by the time of the entry into force of this regulation , the wild smolt production shall reach 75% of the potential smolt production capacity for each river in five years after the entry into force of this regulation . ### for wild salmon rivers which have reached 50% of the potential smolt production capacity by the time of the entry into force of this regulation , the wild smolt production shall reach the maximum of the realistically possible smolt production capacity for each river in five years after the entry into force of this regulation .


### after ten years from the entry into force of this regulation , the wild salmon smolt production shall be maintained at a level of at least 75% of the potential smolt production capacity in each wild salmon river . ### after ten years from the entry into force of this regulation , the wild salmon smolt production shall be maintained at a level of the maximum of the realistically possible smolt production capacity in each wild salmon river .


### for wild salmon rivers which have not reached 50% of the potential smolt production capacity by the time of the entry into force of this regulation , member states concerned shall establish not later than two years after the entry into force of this regulation national technical conservation measures . ### for wild salmon rivers which have not reached 50% of the potential smolt production capacity by the time of the entry into force of this regulation , member states concerned shall establish , keep and , if necessary , improve existing national technical conservation measures not later than two years after the entry into force of this regulation .


### the river has free migratory waterways , appropriate water quality and habitat suitable for reproduction and growth of salmon ; ### the river or its respective parts has free migratory waterways , appropriate water quality and habitat suitable for reproduction and growth of salmon ;


### by way of derogation from article 14 of regulation 1224 / 2009 masters of european union fishing vessels of all length holding a fishing authorisation for salmon shall keep a logbook of their operations in accordance with the rules set in article 14 of regulation no 1224 / 2009 . ### by way of derogation from article 14 of regulation 1224 / 2009 masters of european union fishing vessels of all length holding a fishing authorisation for salmon shall keep a logbook of their operations in accordance with the rules set in article 14 of regulation no 1224 / 2009 , except where a vessel flying the flag of a relevant member state has an annual salmon catch of less than 10 tonnes , is less than 12 metres in overall length , fishes exclusively in territorial waters and does not spend more than 24 hours out of port .


### by way of derogation from the introductory sentence of article 17 of regulation 1224 / 2009 , masters of european union fishing vessels of all length retaining salmon and / or sea trout on board shall notify the competent authorities of their flag member state immediately after the completion of the fishing operation of the information listed in article 17 of regulation 1224 / 2009 . ### by way of derogation from the introductory sentence of article 17 of regulation 1224 / 2009 , masters of european union fishing vessels of all length retaining salmon and / or sea trout on board shall notify the competent authorities of their flag member state immediately after the completion of the fishing operation of the information listed in article 17 of regulation 1224 / 2009 , except where a vessel flying the flag of a relevant member state has an annual salmon catch of less than 10 tonnes , is less than 12 metres in overall length , fishes exclusively in territorial waters and does not spend more than 24 hours out of port .


### by way of derogation from the introductory sentence of article 17 of regulation 1224 / 2009 , masters of european union fishing vessels of all length retaining salmon and / or sea trout on board shall notify the competent authorities of their flag member state immediately after the completion of the fishing operation of the information listed in article 17 of regulation 1224 / 2009 . ### by way of derogation from the introductory sentence of article 17 of regulation 1224 / 2009 , masters of european union commercial fishing vessels and service vessels used for angling and other types of fishing , of all length retaining salmon and / or sea trout on board shall notify the competent authorities of their flag member state immediately after the completion of the fishing operation of the information listed in article 17 of regulation 1224 / 2009 .


### the marketing of goods infringing intellectual property rights does considerable damage to right - holders , law - abiding manufacturers and traders . it is also deceiving consumers , and could in some cases endanger their health and safety . such goods should , in so far as is possible , be kept off the market and measures should be adopted to deal with this unlawful activity without impeding legitimate trade . ### the marketing of goods infringing intellectual property rights does considerable damage to right - holders , law - abiding manufacturers and traders . it is also deceiving consumers , and could in some cases endanger their health and safety . such goods should , in so far as is possible , be kept off the market and measures should be adopted to deal with this unlawful activity without impeding legitimate trade . for this reason , consumers need to be well informed about the risks involved in purchasing these products .


### goods which are subject of an action infringing an intellectual property right under the law of the union or of that member state ; ### goods which are subject of an action infringing an intellectual property right under the law of the union or of that member state or where it cannot be ruled out that they are the subject of such an action , and which at the same time pose a clear threat to the health or safety of consumers ;


### annex ii may be amended in the light of experience , in accordance with the procedure referred to in article 60 . ### the essential functions are : – decision - making on train path allocation , including both the definition and the assessment of availability and the allocation of individual train paths , and – decision - making on infrastructure charging , including determination and collection of the charges .


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


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


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


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


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


### the strategic planning and harmonisation of spectrum use at union level should enhance the single market for wireless electronic communications services and equipment as well as other union policies requiring spectrum use , thus creating new opportunities for innovation and contributing to economic recovery and social integration across the union , while at the same time respecting the important social , cultural and economic value of spectrum . to this end , the union therefore needs a policy programme that covers the internal market in all union policy areas involving the use of spectrum such as electronic communications , research and development , transport and energy . ### the strategic planning and harmonisation of spectrum use at union level should enhance the single market for wireless electronic communications services and equipment as well as other union policies requiring spectrum use , thus creating new opportunities for innovation and contributing to economic recovery and social integration across the union , while at the same time respecting the important social , cultural and economic value of spectrum . to this end , the union therefore needs a policy programme that covers the internal market in all union policy areas involving the use of spectrum such as electronic communications , research and development , transport and energy . a delay of the necessary reform through current right holders should absolutely be avoided .


### this first programme should in particular support the europe 2020 strategy for smart , sustainable and inclusive growth given the huge potential of wireless services to promote an information - based economy , develop and assist sectors relying on information and communications technologies and overcome the digital divide . it is also a key action in the digital agenda for europe4 which aims to deliver fast broadband internet in the future network - based knowledge economy , with an ambitious target for universal broadband coverage with speeds of at least 30 mbps for all europeans by 2020 , thereby achieving the sustainable economic and social benefits of a digital single market . it should also support and promote other union sectoral policies such as a sustainable environment and economic and social inclusion for all union citizens . given the importance of wireless applications for innovation , this programme is also a key initiative in support of union policies on innovation . ### this first programme should in particular support the europe 2020 strategy for smart , sustainable and inclusive growth given the huge potential of wireless services to promote an information - based economy , develop and assist sectors relying on information and communications technologies and overcome the digital divide . the explosion of in particular audiovisual media services is driving demand for speed and coverage . it is also a key action in the digital agenda for europe which aims to deliver fast broadband internet in the future network - based knowledge economy , with an ambitious target for universal broadband coverage . providing the highest possible broadband speeds and capacity , ensuring not less than 30 mbps for all by 2020 with at least half european households having broadband access at a speed of at least 100 mbps , is important for fostering economic growth and global competitiveness , thereby achieving the sustainable economic and social benefits of a digital single market . it should also support and promote other union sectoral policies such as a sustainable environment and economic and social inclusion for all union citizens . given the importance of wireless applications for innovation , this programme is also a key initiative in support of union policies on innovation .


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


### ensuring the optimal use of spectrum may require innovative authorisation solutions such as collective use of spectrum , general authorisations or infrastructure sharing . the application of such principles in the union might be facilitated by the definition of certain common or converging conditions for spectrum usage . general authorisations , which are the least onerous authorisation system , are of particular interest where interference does not risk hampering the development of other services . ### ensuring the optimal use of spectrum as a public good may require innovative authorisation solutions such as collective use of spectrum , general authorisations or infrastructure sharing . the application of such principles in the union might be facilitated by the definition of certain common or converging conditions for spectrum usage . general authorisations , which are the least onerous authorisation system , are of particular interest where interference does not risk hampering the development of other services .


### spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth . therefore , bands where flexible use has already been introduced by union law should be immediately made tradable pursuant to the framework directive . in addition , common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum , would facilitate the coordinated introduction by all member states of these measures and facilitate acquisition of such rights anywhere in the union . ### spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth . therefore , bands where flexible use has already been introduced by union law should be immediately made tradable pursuant to the framework directive . in addition , common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum , would facilitate the coordinated introduction by all member states of these measures and facilitate acquisition of such rights anywhere in the union . in addition , with a view to achieving the objectives of the ‘ digital agenda for europe’ part of the proceeds from the auctioning of spectrum rights should be used to speed up the expansion of broadband coverage .


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


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


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


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


### optimal and efficient spectrum use requires continuous monitoring of developments , and up - to - date transparent information on spectrum use throughout the union . while commission decision 2007 / 344 / ec on harmonised availability of information regarding spectrum use within the community6 requires member states to publish information on usage rights , a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the union to improve the efficiency of spectrum and radio equipment use , in particular between 300 mhz and 3 ghz . this would help to identify inefficient technologies and usages in both the commercial and public sectors , as well as unused assignments and sharing opportunities , and to evaluate future consumer and business needs . ### optimal and efficient spectrum use requires continuous monitoring of developments , and up - to - date transparent information on spectrum use throughout the union . while commission decision 2007 / 344 / ec on harmonised availability of information regarding spectrum use within the community6 requires member states to publish information on usage rights , a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the union to improve the efficiency of spectrum and radio equipment use , in particular between 300 mhz and 3 ghz . this would help to identify inefficient technologies and usages in both the commercial and public sectors , as well as unused assignments and sharing opportunities , and to evaluate future consumer and business needs . in addition , taking into account the continuous growth of the number of applications using wireless data , member states should promote the efficient use of spectrum for user applications .


### in line with the objectives of the commission ' s flagship initiative ' digital agenda for europe ' , wireless broadband could contribute substantially to economic recovery and growth if sufficient spectrum is made available , usage rights are awarded quickly and trading is allowed to adapt to market evolution . the digital agenda calls for all union citizens to have access to broadband of at least 30 mbps by 2020 . therefore , spectrum that has already been designated should be authorised by 2012 for terrestrial communications to ensure easy access to wireless broadband for all , in particular within spectrum bands designated by commission decisions 2008 / 477 / ec , 2008 / 411 / ec and 2009 / 766 / ec . to complement terrestrial broadband services and ensure coverage of most remote union areas , affordable satellite broadband access could be a fast and feasible solution . ### in line with the objectives of the commission ' s flagship initiative ' digital agenda for europe ' , wireless broadband services contribute substantially to economic recovery and growth if sufficient spectrum is made available , usage rights are awarded quickly and trading is allowed to adapt to market evolution . the digital agenda calls for all union citizens to have access to broadband of at least 30 mbps by 2020 . therefore , spectrum that has already been harmonised should be authorised by 2012 for terrestrial communications to ensure easy access to wireless broadband for all , in particular within spectrum bands designated by commission decisions 2008 / 477 / ec , 2008 / 411 / ec and 2009 / 766 / ec . to complement terrestrial broadband services and ensure coverage of most remote union areas , affordable satellite broadband access could be a fast and feasible solution .


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


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


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


### additional spectrum may be needed by other sectors such as transport , r&d , public protection and disaster relief , e - health and e - inclusion . optimising synergies between spectrum policy and r&d activities and carrying out studies of radio compatibility between different spectrum users should help innovation . the commission ' s joint research centre should help in developing the technical aspects of spectrum regulation , notably by providing testing facilities to verify interference models relevant to union legislation . moreover , results of research under the seventh framework programme require the examination of the spectrum needs of projects that may have a large economic or investment potential , in particular for smes , e . g . cognitive radio or e - health . adequate protection against harmful interference should also be ensured to sustain r&d and scientific activities . ### additional spectrum may be needed by other sectors such as transport , r&d , public protection and disaster relief , e - health and e - inclusion . optimising synergies between spectrum policy and r&d activities and carrying out studies of radio compatibility between different spectrum users should help innovation . relevant research organisations should help in developing the technical aspects of spectrum regulation , notably by providing testing facilities to verify interference models relevant to union legislation . moreover , results of research under the seventh framework programme require the examination of the spectrum needs of projects that may have a large economic or investment potential , in particular for smes , e . g . cognitive radio or e - health . adequate protection against harmful interference should also be ensured to sustain r&d and scientific activities .


### protection of public health against electromagnetic fields is essential for citizens ‘ well - being and for a coherent approach to spectrum authorisation in the union ; while subject to council recommendation 1999 / 519 / ec on the limitation of exposure of the general public to electromagnetic fields , it is essential to ensure constant monitoring of the ionising and non - ionising effects of spectrum use on health , including the real - life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types . ### protection of public health against electromagnetic fields is essential for citizens ‘ well - being and for a coherent approach to spectrum authorisation in the union ; while subject to council recommendation 1999 / 519 / ec on the limitation of exposure of the general public to electromagnetic fields , it is essential to ensure constant monitoring of the ionising and non - ionising effects of spectrum use on health , including the real - life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types . while achieving appropriate public safety , member states should ensure protective measures are technology and service neutral .


### protection of public health against electromagnetic fields is essential for citizens ‘ well - being and for a coherent approach to spectrum authorisation in the union ; while subject to council recommendation 1999 / 519 / ec on the limitation of exposure of the general public to electromagnetic fields , it is essential to ensure constant monitoring of the ionising and non - ionising effects of spectrum use on health , including the real - life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types . ### protection of public health against electromagnetic fields is essential for citizens ‘ well - being and for a coherent approach to spectrum authorisation in the union ; while subject to council recommendation 1999 / 519 / ec on the limitation of exposure of the general public to electromagnetic fields , it is essential to ensure constant monitoring of the ionising and non - ionising effects of spectrum use on health , including the real - life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types ; while achieving appropriate public safety , member states should ensure protective measures are technology and service neutral .


### member states may also need support on frequency coordination in bilateral negotiations with non - union neighbouring countries , including accession or candidate countries , to meet their union obligations on frequency coordination issues . this should also help avoid harmful interference and improve spectrum efficiency and spectrum use convergence even beyond union borders . action is particularly pressing in the 800 mhz and 3 . 4 - 3 . 8ghz bands for the transition to cellular broadband technologies and for the harmonisation of spectrum necessary for the modernisation of air traffic control . ### member states are encouraged to continue bilateral negotiations with neighbouring third countries , including candidate and potential candidate countries , to meet their union obligations on frequency coordination issues and to try to find agreements which can set a positive precedent for other member states . the union shall assist member states with technical and political support in their bilateral and multilateral negotiations with third countries , in particular neighbouring countries including candidate and potential candidate countries . this should also help avoid harmful interference and improve spectrum efficiency and spectrum use convergence even beyond union borders . action is particularly pressing in the 800 mhz and 3 . 4 - 3 . 8ghz bands for the transition to cellular broadband technologies and for the harmonisation of spectrum necessary for the modernisation of air traffic control .


### the commission should report to the european parliament and the council on the results achieved under this decision , as well as on planned future actions . ### the commission should report annually to the european parliament and the council on the results achieved under this decision , as well as on planned future actions .


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


### reduce the fragmentation of the internal market by enhancing coordination and harmonisation of technical conditions for the use and availability of spectrum , as appropriate , including the development of transnational services , and by promoting economies of scale at union level ; ### reduce the fragmentation and fully exploit the potential of the internal market in order to foster economic growth and economies of scope and scale at union level by enhancing coordination and harmonisation of technical conditions for the use and availability of spectrum , as appropriate ;


### member states shall adopt by 1 january 2013 authorisation and allocation measures appropriate for the development of broadband services , in conformity with directive 2002 / 20 / ec of the european parliament and of the council on the authorisation of electronic communications networks and services 12 , such as allowing relevant operators , where possible and on the basis of consultations in accordance with article 11 , direct or indirect access to contiguous blocks of spectrum of at least 10 mhz . ### member states shall adopt by 1 january 2013 authorisation and allocation measures that are similar to each other and appropriate for the development of broadband services , in conformity with directive 2002 / 20 / ec of the european parliament and of the council on the authorisation of electronic communications networks and services 12 , such as allowing relevant terrestrial operators , where possible and on the basis of consultations in accordance with article 11 , direct or indirect access to contiguous blocks of spectrum of at least 10 mhz , thereby allowing the highest possible capacity and broadband speeds to be achieved , as well as making effective competition possible .


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


### whenever necessary in order to ensure the effective use of spectrum rights and avoid spectrum hoarding , member states shall take appropriate measures including financial penalties or the withdrawal of rights . ### in order to ensure the effective use of spectrum rights and avoid spectrum hoarding , member states shall , when necessary , take appropriate measures including financial penalties , use of incentive fees tools and withdrawal of rights .


### member states may limit the amount of spectrum for which rights of use are granted to any economic operator or may attach conditions to such rights of use , such as the provision of wholesale access , in certain bands or in certain groups of bands with similar characteristics , for instance the bands below 1 ghz allocated to electronic communication services ; ### member states may limit the amount of spectrum for which rights of use are granted to any operator or may attach conditions to such rights of use , such as the provision of wholesale access , in certain bands or in certain groups of bands with similar characteristics , for instance the bands below 1 ghz allocated to electronic communication services ;


### member states shall , by 1 january 2013 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where exceptional national or local circumstances would prevent the availability of the band , the commission may authorise specific derogations until 2015 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the spectrum below 1ghz and assess whether additional spectrum could be freed and made available for new applications . ### member states shall , by 1 january 2013 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision 2010 / 267 / eu . in member states where specific national or local circumstances or cross - border frequency coordination problems with one or more third countries would prevent the availability of the band , the implementation of commission decision 2010 / 267 / eu may be postponed until such obstacles are removed . the relevant member states shall notify the commission confirming their intention to make use of the implementation delay set out in this paragraph not later than 6 months following the entry into force of the present decision . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the spectrum below 1ghz and assess whether additional spectrum could be freed and made available for new applications .


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


### member states , in cooperation with the commission , shall ensure that the provision of access to broadband content and services using the 790 - 862 mhz band is encouraged in sparsely populated areas , in particular through coverage obligations ; in doing so , they shall examine ways and , where necessary , take appropriate measures to ensure that the freeing of the 800 mhz band does not adversely affect programme making and special events users . ### the commission , in cooperation with member states , shall ensure that the provision of access to broadband content and services using the 790 - 862 mhz band is encouraged in sparsely populated areas , for example through coverage obligations achieved through the principles of technology and service neutrality ; in doing so , they shall examine ways and , where necessary , take appropriate measures to ensure that the freeing of the 800 mhz band does not adversely affect programme making and special events users .


### if necessary , the commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the union including the most remote areas with a broadband offering enabling internet access at a comparable price to terrestrial offerings . ### in order to ensure that all citizens have access to advanced digital services including broadband , in particular in rural , remote and sparsely populated areas , member states and the commission shall ensure the availability of sufficient spectrum for the provision of satellite services enabling internet access and the delivery of audiovisual content . taking into account the appropriate compatibility studies , technical harmonisation of additional frequency bands may be considered in accordance with decision 676 / 2002 / ec .


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


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


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


### spectrum needs for specific union policies ### spectrum needs for other specific union policies


### if necessary , the commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection , civil protection and disaster relief . ### the commission shall study the demand for pprd spectrum , the possibilities to share spectrum with military use and to use commercial networks for ppdr to ensure that sufficient capacity is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection , civil protection and disaster relief .


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


### by 31 december 2015 , the commission shall conduct a review of the application of this radio spectrum policy programme and report to the european parliament and the council on the activities developed and the measures adopted pursuant to this decision . ### by 31 december 2015 , the commission shall conduct a review of the application of this radio spectrum policy programme . the commission shall report annually to the european parliament and the council on the activities developed and the measures adopted pursuant to this decision .


### the principles of protection should apply to any information concerning an identified or identifiable person . to determine whether a person is identifiable , account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the individual . the principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable . ### the principles of protection should apply only to specific information concerning an identified or identifiable person . to determine whether a person is identifiable , account should be taken : only of those means likely to be used by the controller or by any other natural or legal person to identify the individual , and of the likeliness of a person being identified . the principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable from the data , taking full account of the technological ' state of the art ' and technological trends .


### consent should be given explicitly by any appropriate method enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by any other statement or conduct which clearly indicates in this context the data subject ' s acceptance of the proposed processing of their personal data . silence or inactivity should therefore not constitute consent . consent should cover all processing activities carried out for the same purpose or purposes . if the data subject ' s consent is to be given following an electronic request , the request must be clear , concise and not unnecessarily disruptive to the use of the service for which it is provided . ### consent should be given by any method appropriate to the media used , enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by any other statement or conduct which indicates , clearly within the context , the data subject ' s acceptance of the proposed processing of their personal data . silence or inactivity should therefore not constitute consent . consent should cover all processing activities carried out for the same purpose or purposes . if the data subject ' s consent is to be given following an electronic request , the request must be clear , concise and not unnecessarily disruptive to the use of the service for which it is provided . the information provided in order for children to express the consent should be given in a clear and age - appropriate language , in a way that would be easy to understand for the child above the age of 13 .


### consent should be given explicitly by any appropriate method enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by any other statement or conduct which clearly indicates in this context the data subject ' s acceptance of the proposed processing of their personal data . silence or inactivity should therefore not constitute consent . consent should cover all processing activities carried out for the same purpose or purposes . if the data subject ' s consent is to be given following an electronic request , the request must be clear , concise and not unnecessarily disruptive to the use of the service for which it is provided . ### consent should be given explicitly by any method appropriate to the media used enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by any other statement or conduct which clearly indicates in this context the data subject ' s acceptance of the proposed processing of their personal data . silence or inactivity should therefore not constitute consent . this is notwithstanding the possibility to express consent to processing in accordance with directive 2002 / 58 / ec by using the appropriate settings of a browser or other application . . consent should cover all processing activities carried out for the same purpose or purposes . if the data subject ' s consent is to be given following an electronic request , the request must be clear , concise and not unnecessarily disruptive to the use of the service for which it is provided .


### children deserve specific protection of their personal data , as they may be less aware of risks , consequences , safeguards and their rights in relation to the processing of personal data . to determine when an individual is a child , this regulation should take over the definition laid down by the un convention on the rights of the child . ### children deserve specific protection of their personal data , as they may be less aware of risks , consequences , safeguards and their rights in relation to the processing of personal data and they are vulnerable consumers . to determine when an individual is a child , this regulation should take over the definition laid down by the un convention on the rights of the child . in particular , child - friendly language has to be used to ensure the right of consent for children above the age of 13 .


### children deserve specific protection of their personal data , as they may be less aware of risks , consequences , safeguards and their rights in relation to the processing of personal data . to determine when an individual is a child , this regulation should take over the definition laid down by the un convention on the rights of the child . ### children deserve specific protection of their personal data , as they may be less aware of risks , consequences , safeguards and their rights in relation to the processing of personal data . such protection is particularly important in the context of social networks , where children should be aware of the identities of those with whom they are communicating . to determine when an individual is a child , this regulation should take over the definition laid down by the un convention on the rights of the child . no reference to child protection in this regulation should be understood as an implicit instruction that protection of personal data of adults should be treated with less care than would have been the case if the reference was not included .


### in order for processing to be lawful , personal data should be processed on the basis of the consent of the person concerned or some other legitimate basis , laid down by law , either in this regulation or in other union or member state law as referred to in this regulation . ### in order for processing to be lawful , personal data should be processed on one of the legitimate bases laid down by law , either in this regulation or in other union or member state law as referred to in this regulation .


### consent should not provide a valid legal ground for the processing of personal data , where there is a clear imbalance between the data subject and the controller . this is especially the case where the data subject is in a situation of dependence from the controller , among others , where personal data are processed by the employer of employees ' personal data in the employment context . where the controller is a public authority , there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given , taking into account the interest of the data subject . ### consent shall be freely given and the data subject shall not be forced to consent for processing of its data , especially where there is a significant imbalance between data subject and controller . this may be the case where the data subject is in a situation of dependence from the controller , among others , where personal data are processed by the employer of employees ' personal data in the employment context . however , when the purpose of data processing is in the interest of the data subject and the data subject is subsequently able to withdraw consent without detriment , the consent should provide a valid legal ground for processing . where the controller is a public authority , there would be an imbalance only in the specific data processing operations where the public authority can impose a new and unjustified obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given , taking into account the interest of the data subject .


### the legitimate interests of a controller may provide a legal basis for processing , provided that the interests or the fundamental rights and freedoms of the data subject are not overriding . this would need careful assessment in particular where the data subject is a child , given that children deserve specific protection . the data subject should have the right to object the processing , on grounds relating to their particular situation and free of charge . to ensure transparency , the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object , and also be obliged to document these legitimate interests . given that it is for the legislator to provide by law the legal basis for public authorities to process data , this legal ground should not apply for the processing by public authorities in the performance of their tasks . ### the legitimate interests of a controller , or of the third party or parties in whose interest the data is processed , may provide a legal basis for processing , provided that the interests or the fundamental rights and freedoms of the data subject are not overriding . to ensure clarity , the european data protection board should set out comprehensive guidelines on what can be defined as ' legitimate interest ' . processing would need careful assessment in particular where the data subject is a child , given that children deserve specific protection . the data subject should have the right to object the processing , free of charge . to ensure transparency , the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object , and also be obliged to document these legitimate interests . given that it is for the legislator to provide by law the legal basis for public authorities to process data , this legal ground should not apply for the processing by public authorities in the performance of their tasks .