### where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application , the authorities of that member state shall be consulted . the institution holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 or on specific provisions in its own legislation preventing disclosure of the document concerned . the institution shall appreciate the adequacy of reasons given by the member state insofar as they are based on exceptions laid down in this regulation . ### where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application , or information submitted to the commission concerning the implementation of union legislation , until such time as any court proceedings relating to it have begun , the authorities of that member state shall be consulted . the institution , body , office or agency holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 . the institution shall appreciate the adequacy of such reasons given by the member state .


### ' document ' means any content whatever its medium drawn - up by an institution and formally transmitted to one or more recipients or otherwise registered , or received by an institution ; data contained in electronic storage , processing and retrieval systems are documents if they can be extracted in the form of a printout or electronic - format copy using the available tools for the exploitation of the system ; ### ' document ' means a record , or set of records , serving official purposes whatever its medium concerning a matter which falls within the sphere of responsibility of the european union ' s institutions , bodies , offices or agencies . this shall not include drafts , notes and memoranda which are not intended to form part of a file ;


### names , titles and functions of public office holders , civil servants and interest representatives in relation with their professional activities shall be disclosed unless , given the particular circumstances , disclosure would adversely affect the persons concerned . other personal data shall be disclosed in accordance with the conditions regarding lawful processing of such data laid down in ec legislation on the protection of individuals with regard to the processing of personal data . ### names , titles and functions of public office holders , civil servants and interest representatives in relation with their professional activities shall be disclosed solely with the consent of the originator , unless , given the particular circumstances , disclosure would adversely affect the privacy and integrity of the persons concerned . other personal data shall be disclosed in accordance with the conditions regarding lawful processing of such data laid down in union legislation on the protection of individuals with regard to the processing of personal data . consent shall be requested from public office holders , civil servants and interest representatives prior to having their names , titles and functions included in a document . where an institution , body , office or agency refuses access to a document on the basis of paragraph 1 , it shall consider whether partial access to that document is possible .


### legal advice and court , arbitration and dispute settlement proceedings ; ### legal advice , except when provided in connection with procedures for the adoption of legal acts , and court proceedings ;


### upon receipt of the notification , and where relevant , eba shall notify the competent authorities in the other member states . ### upon receipt of the notification eba shall , in co - operation with the competent authority in the home member state , assess the relevance of the incident , and , based on that assessment , notify competent authorities in the other member states .


### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors . a more precise description of a limited network , in line with directive 2009 / 110 / ec , is necessary in order to limit those risks . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific store or chain of stores , or for a limited range of goods or services , regardless of the geographical location of the point of sale . such instruments could include store cards , petrol cards , membership cards , public transport cards , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing . the exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network . ### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors . a more precise description of a limited network , in line with directive 2009 / 110 / ec , is necessary in order to limit those risks . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services with a specific retailer or retail chain , or for a limited range of goods or services , regardless of the geographical location of the point of sale . such instruments could include store cards , petrol cards , membership cards , public transport cards , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing . the exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network .


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


### services based on specific instruments that are designed to address precise needs that can be used only in a limited way , because they allow the specific instrument holder to acquire goods or services only in the premises of the issuer or within a limited network of service providers under direct commercial agreement with a professional issuer or because they can be used only to acquire a limited range of goods or services ; ### services based on instruments that can be used only to acquire goods or services in the premises used by the issuer or under a commercial agreement with the issuer within a limited network of service providers ; or services that can be used only to effect payment transactions in order to acquire a limited range of goods and services ;


### ‘ account information service’ means a payment service where consolidated and user - friendly information is provided to a payment service user on one or several payment accounts held by the payment service user with one or several account servicing payment service providers ; ### ‘ account information service’ means a service provided by a third party payment service provider to provide consolidated information on one or several payment accounts held by the payment service user with one or several other payment service providers ;


### where a third party payment service provider is involved , the payment service user shall also obtain rectification from the account servicing payment service provider pursuant to paragraph 1 of this article , without prejudice to articles 65 and 80 . ### where the payment service user has chosen to make use of a third party payment service provider the payment service user shall notify the latter and inform the account servicing payment service provider . it is for the third party payment service provider to rectify , unless it can demonstrate that the responsibility lies with either the payment service user or the account servicing payment service provider , without prejudice to article 80 .


### ‘ strong customer authentication’ means a procedure for the validation of the identification of a natural or legal person based on the use of two or more elements categorised as knowledge , possession and inherence that are independent , in that the breach of one does not compromise the reliability of the others and is designed in such a way as to protect the confidentiality of the authentication data . ### ' strong customer authentication ' means a procedure based on the use of two or more of the following elements : something only the user knows , e . g . a static password , a code or a personal identification number ; something only the user possesses , e . g . a token , a smart card or a mobile phone ; something the user is , e . g . biometric characteristic , such as a fingerprint . the elements selected shall be mutually independent , i . e . the breach of one does not compromise a breach of the other . the procedure shall be designed in such a way as to protect the confidentiality of the authentication data . this definition shall be in line with the ecb eurosystem ' s recommendations for the security of internet payments under the secure pay forum .


### ‘ payment initiation service’ means a payment service enabling access to a payment account provided by a third party payment service provider , where the payer can be actively involved in the payment initiation or the third party payment service provider’s software , or where payment instruments can be used by the payer or the payee to transmit the payer’s credentials to the account servicing payment service provider ; ### ‘ payment initiation service’ means a service based on a funds check by a third party payment service provider upon request and express consent by the payer , where the payer is actively involved in the payment initiation , either directly or through third party payment service provider’s software ;


### member states shall ensure that payment service providers provide to the authority designated under article 6 of directive [ nis directive ] [ op please insert number of directive once adopted ] on a yearly basis updated information of the assessment of the operational and security risks associated with the payment services they provide and on the adequacy of the mitigation measures and control mechanisms implemented in response to these risks . the authority designated under article 6 of directive [ nis directive ] [ op please insert number of directive once adopted ] shall without undue delay transmit a copy of this information to the competent authority in the home member state . ### member states shall ensure that payment service providers provide to the competent authority on a yearly basis updated information of the assessment of the operational and security risks associated with the payment services they provide and on the adequacy of the mitigation measures and control mechanisms implemented in response to these risks .


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


### ‘ payment initiation service’ means a payment service enabling access to a payment account provided by a third party payment service provider , where the payer can be actively involved in the payment initiation or the third party payment service provider ' s software , or where payment instruments can be used by the payer or the payee to transmit the payer ' s credentials to the account servicing payment service provider ; ### ‘ payment initiation service’ means a service based on access to a payment account by a third party payment service provider upon request and express consent by the payer , whereby either the payer can be directly involved in the payment initiation , or the payment order is transmitted by the third party payment service provider to the account servicing payment service provider , or a payment instrument can be used by the payer or the payee to transmit the payer ' s instructions to the account servicing payment service provider and access to the payer ' s account information by a third party payment service provider is limited to the information on the availability of funds for the specified payment transaction .


### ‘ authentication’ means a procedure which allows the payment service provider to verify the identity of a user of a specific payment instrument , including the use of its personalised security features or the checking of personalised identity documents ; ### ‘ authentication’ means a procedure which allows the payment service provider to verify the identification of a natural person acting on his or her own behalf or on behalf of a legal person , in particular using personalised security features made available to him or her ;


### services based on specific instruments that are designed to address precise needs that can be used only in a limited way , because they allow the specific instrument holder to acquire goods or services only in in the premises of the issuer or within a limited network of service providers under direct commercial agreement with a professional issuer or because they can be used only to acquire a limited range of goods or services ; ### services based on specific instruments that are designed to address precise needs that can be used only in a limited way , because they allow the specific instrument holder to acquire goods or services of only one issuer or within a limited network of service providers under direct commercial agreement with a professional issuer or because they can be used only to acquire a limited range of goods or services ;


### ‘ authentication’ means a procedure which allows the payment service provider to verify the identity of a user of a specific payment instrument , including the use of its personalised security features or the checking of personalised identity documents ; ### ' authentication ' means a procedure which allows the payment service provider to verify the identity of a user or of a tpp where permitted under this directive , , of a specific payment instrument , including the use of its personalised security features or the checking of personalised identity documents ;


### not to store sensitive payment data or personalised security credentials of the payment service user . ### not to store personalised security credentials of the payment service user and not use any such data for purposes other than those explicitly requested by the payer .


### without prejudice to articles 14 and 15 of directive [ nis directive ] [ op please insert number of directive once adopted ] , eba shall issue guidelines to facilitate payment service providers in qualifying major incidents and the circumstances under which a payment institution is required to notify a security incident . those guidelines shall be issued by . ### eba shall coordinate the sharing of information in the area of operational and security risks associated with payment services with the competent authorities the ecb , the competent authorities under the [ nis ] directive . , and , where relevant , with enisa .


### the payment service provider shall not prevent the payee from requesting from the payer a charge , offering him a reduction or otherwise steering him towards the use of a given payment instrument . any charges applied shall , however , not exceed the costs borne by the payee for the use the specific payment instrument . ### the payment service provider shall not prevent the payee from offering the payer a reduction for use of a specific payment instrument .


### account servicing payment service providers shall treat payment orders transmitted through the services of a third party payment service provider without any discrimination for other than objective reasons in terms of timing and priority vis - à - vis payment orders transmitted directly by the payer himself . ### account servicing payment service providers shall treat payment orders transmitted through the services of a third party payment service provider or by a third party payment instrument issuer without any discrimination for other than objective reasons in particular in terms of timing and priority vis - à - vis payment orders transmitted directly by the payer himself .


### payment transactions consisting of the non - professional cash collection and delivery within the framework of a non - profit or charitable activity ; ### payment transactions consisting of non - profit cash collection and delivery within the framework of a non - profit or charitable activity


### without prejudice to articles 14 and 15 of directive [ nis directive ] [ op please insert number of directive once adopted ] , eba shall , in close cooperation with the ecb , develop guidelines with regard to the establishment , implementation and monitoring of the security measures , including certification processes when relevant . it shall , inter alia , take into account the standards and / or specifications published by the commission under article 16 of directive [ nis directive ] [ op please insert number of directive once adopted ] . ### eba shall , in close cooperation with the ecb , develop guidelines with regard to the establishment , implementation and monitoring of the security measures , including certification processes when relevant . it shall , inter alia , take into account the standards and / or specifications published by the commission under article 16 of directive [ nis directive ] [ op please insert number of directive once adopted ] .


### where a third party payment service provider is involved , the account servicing payment service provider shall refund the amount of the unauthorised payment transaction and , where applicable , restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place . financial compensation to the account servicing payment service provider by the third party payment service provider may be applicable . ### where a third party payment service provider is involved , the account servicing payment service provider shall refund the amount of the unauthorised payment transaction and , where applicable , restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place . once it is established that the third party payment service provider is liable for the unauthorised payment transaction , the third party payment service provider shall , within one business day , compensate the account servicing payment service provider for reasonable costs incurred as a result of the refund to the payer , including the amount of the unauthorised payment transaction .


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


### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors . a more precise description of a limited network , in line with directive 2009 / 110 / ec , is necessary in order to limit those risks . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific store or chain of stores , or for a limited range of goods or services , regardless of the geographical location of the point of sale . such instruments could include store cards , petrol cards , membership cards , public transport cards , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing . the exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network . ### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors . a more precise description of a limited network , in line with directive 2009 / 110 / ec , is necessary in order to limit those risks . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services with a specific retailer or retail chain , or for a limited range of goods or services , regardless of the geographical location of the point of sale . such instruments could include store cards , petrol cards , membership cards , public transport cards , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing . the exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network .


### payment service providers are subject to directive [ nis directive ] [ op please insert number of directive once adopted ] and notably to the risk management and incident reporting requirements in articles 14 and 15 therein . ### payment service providers shall establish a framework with appropriate mitigation measures and control mechanisms to manage the operational risks , including security risks , relating to the payment services they provide . as part of that framework payment service providers shall establish and maintain effective incident management procedures , including the classification of major incidents .


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


### in addition to the general measures to be taken at member states ' level in directive [ pls insert number of nis directive after adoption ] , the security risks related to payment transactions should also be addressed at the level of the payment service providers . the security measures to be taken by the payment service providers need to be proportionate to the security risks concerned . a regular reporting mechanism should be established , so as to ensure payment services should provide the competent authorities on an annual basis with updated information on the assessment of their security risks and the measures that they have taken in response to these risks . furthermore , in order to ensure that damages to other payment service providers and payment systems , such as a substantial disruption of a payment system and to users is kept to a minimum , it is essential that payment service providers have the obligation to report within undue delay major security incidents to the european banking authority . ### the security measures to be taken by the payment service providers need to be proportionate to the security risks concerned . a regular reporting mechanism should be established , so as to ensure payment services should provide the competent authorities on a regular basis with updated information on the assessment of their security risks and the measures that they have taken in response to these risks . furthermore , in order to ensure that damages to other payment service providers and payment systems , such as a substantial disruption of a payment system and to users is kept to a minimum , it is essential that payment service providers have the obligation to report within undue delay major security incidents to the european banking authority .


### where a third party payment service provider is involved , the payment service user shall also obtain rectification from the account servicing payment service provider pursuant to paragraph 1 of this article , without prejudice to articles 65 and 80 . ### where the payment service user has chosen to make use of a third party payment service provider the payment service user shall notify the latter and inform the account servicing payment service provider . it is for the third party payment service provider to rectify , unless it can demonstrate that the responsibility lies with either the payment service user or the account servicing payment service provider , without prejudice to article 80 .


### ‘ payment initiation service’ means a payment service enabling access to a payment account provided by a third party payment service provider , where the payer can be actively involved in the payment initiation or the third party payment service provider ' s software , or where payment instruments can be used by the payer or the payee to transmit the payer ' s credentials to the account servicing payment service provider ; ### ‘ payment initiation service’ means a service based on access to a payment account by a third party payment service provider upon request and express consent by the payer , whereby either the payer can be directly involved in the payment initiation , or the payment order is transmitted by the third party payment service provider to the account servicing payment service provider , or a payment instrument can be used by the payer or the payee to transmit the payer ' s instructions to the account servicing payment service provider and access to the payer ' s account information by a third party payment service provider is limited to the information on the availability of funds for the specified payment transaction .


### upon receipt of the notification , and where relevant , eba shall notify the competent authorities in the other member states . ### upon receipt of the notification eba shall , in co - operation with the competent authority in the home member state , assess the relevance of the incident , and , based on that assessment , notify competent authorities in the other member states .


### the member states or competent authorities shall require a payment institution which provides any payment services and , insofar as it at the same time is engaged in other business activities referred to in article 17 to safeguard all funds which have been received from the payment service users or through another payment service provider for the execution of payment transactions , in either of the following ways : ### the member states or competent authorities shall require a payment institution which provides any of the payment services listed in annex i , including those listed in article 17 to safeguard all funds which have been received from the payment service users or through another payment service provider for the execution of payment transactions , in either of the following ways :


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


### payment transactions carried out by a provider of electronic communication networks or services where the transaction is provided for a subscriber to the network or service and for purchase of digital content as ancillary services to electronic communications services , regardless of the device used for the purchase or consumption of the content , provided that the value of any single payment transaction does not exceed eur 50 and the cumulative value of payment transactions does not exceed eur 200 in any billing month ; ### payment transactions carried out in an intermediary capacity by a provider of electronic communication networks or services where the transaction is provided for a subscriber to the network or service and for purchase of digital content as ancillary services to electronic communications services , regardless of the device used for the purchase or consumption of the content , provided that the value of any single intermediary payment transaction does not exceed eur 50 and the cumulative value of payment transactions does not exceed eur 500 in any billing month for a specific intermediary billing partner ;


### ‘ strong customer authentication’ means a procedure for the validation of the identification of a natural or legal person based on the use of two or more elements categorised as knowledge , possession and inherence that are independent , in that the breach of one does not compromise the reliability of the others and is designed in such a way as to protect the confidentiality of the authentication data . ### ' strong customer authentication ' means a procedure based on the use of two or more of the following elements : something only the user knows , e . g . a static password , a code or a personal identification number ; something only the user possesses , e . g . a token , a smart card or a mobile phone ; something the user is , e . g . biometric characteristic , such as a fingerprint . the elements selected shall be mutually independent , i . e . the breach of one does not compromise a breach of the other . the procedure shall be designed in such a way as to protect the confidentiality of the authentication data . this definition shall be in line with the ecb eurosystem ' s recommendations for the security of internet payments under the secure pay forum .


### ‘ authentication’ means a procedure which allows the payment service provider to verify the identity of a user of a specific payment instrument , including the use of its personalised security features or the checking of personalised identity documents ; ### ‘ authentication’ means a procedure which allows the payment service provider to verify the identification of a natural person acting on his or her own behalf or on behalf of a legal person , in particular using personalised security features made available to him or her ;


### when payment institutions engage in the provision of one or more of the payment services , they may hold only payment accounts used exclusively for payment transactions . member states shall ensure that access to those payment accounts is proportionate . ### when payment institutions engage in the provision of one or more of the payment services , they may hold only payment accounts used exclusively for payment transactions . for payment institutions and their agents to be able to provide payment services , they require access to payment accounts . member states shall ensure that such access is provided in a proportionate manner .


### in order to avoid divergent approaches across member states to the detriment of consumers , the provisions on transparency and information requirements for payment service providers in this directive should also apply to transactions where the payer ' s or payee ' s payment service provider is located within the european economic area and the other payment service provider is located outside the eea . it is also appropriate to extend the application of transparency and information provisions to transactions in all currencies between payment service providers that are located within the eea . ### in order to avoid divergent approaches across member states to the detriment of consumers , the provisions on transparency and information requirements for payment service providers and on rights and obligations in relation to the provisions and use of payment services in this directive should also apply to transactions where the payer ' s or payee ' s payment service provider is located within the european economic area and the other payment service provider is located outside the eea . it is also appropriate to extend the application of transparency and information provisions to transactions in all currencies between payment service providers that are located within the eea .


### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors . a more precise description of a limited network , in line with directive 2009 / 110 / ec , is necessary in order to limit those risks . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific store or chain of stores , or for a limited range of goods or services , regardless of the geographical location of the point of sale . such instruments could include store cards , petrol cards , membership cards , public transport cards , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing . the exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network . ### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors . a more precise description of a limited network , in line with directive 2009 / 110 / ec , is necessary in order to limit those risks . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific store or chain of stores or for a limited range of goods or services , regardless of the geographical location of the point of sale . such instruments could include , for instance , the following including their virtual equivalents : store cards , petrol cards , membership cards , public transport cards , parking tickets , ticketing , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing . the exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network .


### ‘ account information service’ means a payment service where consolidated and user - friendly information is provided to a payment service user on one or several payment accounts held by the payment service user with one or several account servicing payment service providers ; ### ‘ account information service’ means a service provided by a third party payment service provider to provide consolidated information on one or several payment accounts held by the payment service user with one or several other payment service providers ;


### it is necessary to set up the criteria under which tpps are allowed to access and use the information on the availability of funds on the payment service user account held with another payment service provider . in particular , necessary data protection and security requirements set or referred to in this directive or included in the eba guidelines should be fulfilled by both the tpp and the payment service provider servicing the account of the payment service user . the payers should give an explicit consent to the tpp to access their payment account and be properly informed about the extent of this access . to allow the development of other payment services providers which cannot receive deposits , it is necessary that credit institutions provide them with the information on the availability of funds if the payer has given consent for this information to be communicated to the payment service provider issuer of the payment instrument . ### it is necessary to set up the criteria under which tpps are allowed to access and use the information on the availability of funds on the payment service user account held with another payment service provider . in particular , necessary data protection and security requirements set or referred to in this directive or included in the eba guidelines should be fulfilled by both the tpp and the payment service provider servicing the account of the payment service user . payers should be informed unequivocally where they are using a tpp and should give explicit consent to the tpp to access their payment account and be properly informed about the extent of this access . to allow the development of other payment services providers which cannot receive deposits , it is necessary that credit institutions provide them with the information on the availability of funds if the payer has given consent for this information to be communicated to the payment service provider issuer of the payment instrument . to ensure the free access to the market of innovative payment service providers , no contract or agreement between an account servicing payment service provider and a tpp should be required .


### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors . a more precise description of a limited network , in line with directive 2009 / 110 / ec , is necessary in order to limit those risks . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific store or chain of stores , or for a limited range of goods or services , regardless of the geographical location of the point of sale . such instruments could include store cards , petrol cards , membership cards , public transport cards , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing . the exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network . ### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors . a more precise description of a limited network , in line with directive 2009 / 110 / ec , is necessary in order to limit those risks . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services with a specific retailer or retail chain , or for a limited range of goods or services , regardless of the geographical location of the point of sale . such instruments could include store cards , petrol cards , membership cards , public transport cards , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing . the exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network .


### new rules should be provided in order to close the regulatory gaps while at the same time providing for more legal clarity and ensuring a consistent application of the legislative framework across the union . equivalent operating conditions should be guaranteed to both existing and new players on the market , facilitating new means of payment to reach a broader market and ensuring a high level of consumer protection in the use of these payment services across the whole of the union . this should lead to a downward trend in costs and prices for payment services users and more choice and transparency of payment services . ### new rules should be provided in order to close the regulatory gaps while at the same time providing for more legal clarity and ensuring a consistent application of the legislative framework across the union . equivalent operating conditions should be guaranteed to both existing and new players on the market , facilitating new means of payment to reach a broader market and ensuring a high level of consumer protection in the use of these payment services across the whole of the union . this should lead to a downward trend in costs and prices for payment services users and more choice and transparency of payment services , while strengthening the trust of consumers in a harmonised payments market .


### payment service providers are subject to directive [ nis directive ] [ op please insert number of directive once adopted ] and notably to the risk management and incident reporting requirements in articles 14 and 15 therein . ### payment service providers shall establish a framework with appropriate mitigation measures and control mechanisms to manage the operational risks , including security risks , relating to the payment services they provide . as part of that framework payment service providers shall establish and maintain effective incident management procedures , including the classification of major incidents .


### services based on specific instruments that are designed to address precise needs that can be used only in a limited way , because they allow the specific instrument holder to acquire goods or services only in the premises of the issuer or within a limited network of service providers under direct commercial agreement with a professional issuer or because they can be used only to acquire a limited range of goods or services ; ### services based on instruments that can be used only to acquire goods or services in the premises used by the issuer or under a commercial agreement with the issuer within a limited network of service providers ; or services that can be used only to effect payment transactions in order to acquire a limited range of goods and services ;


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


### member states shall ensure that payment service providers provide to the authority designated under article 6 of directive [ nis directive ] [ op please insert number of directive once adopted ] on a yearly basis updated information of the assessment of the operational and security risks associated with the payment services they provide and on the adequacy of the mitigation measures and control mechanisms implemented in response to these risks . the authority designated under article 6 of directive [ nis directive ] [ op please insert number of directive once adopted ] shall without undue delay transmit a copy of this information to the competent authority in the home member state . ### member states shall ensure that payment service providers provide to the competent authority on a yearly basis updated information of the assessment of the operational and security risks associated with the payment services they provide and on the adequacy of the mitigation measures and control mechanisms implemented in response to these risks .


### in the case of unauthorized payment transactions the payer should be refunded immediately the amount of the respective transaction . in order to prevent the payer from any disadvantages , the credit value date of the refund should not be later than the date when the respective amount has been debited . in order to provide an incentive for the payment service user to notify , without undue delay , the provider of any theft or loss of a payment instrument and thus to reduce the risk of unauthorised payment transactions , the user should be liable only for a very limited amount , unless the payment service user has acted fraudulently or with gross negligence . in this context an amount of eur 50 seems to be adequate in order to ensure a harmonized and a high level user protection within the union . moreover , once users have notified a payment service provider that their payment instrument may have been compromised , the users should not be required to cover any further losses stemming from unauthorised use of that instrument . this directive should be without prejudice to the payment service providers ' responsibility for technical security of their own products . ### in the case of unauthorized payment transactions the payer should , within one working day , be refunded the amount of the respective transaction . in order to prevent the payer from any disadvantages , the credit value date of the refund should not be later than the date when the respective amount has been debited . where this is no longer technically possible , the payer should also be compensated for loss of interest . in order to provide an incentive for the payment service user to notify , without undue delay , the provider of any theft or loss of a payment instrument and thus to reduce the risk of unauthorised payment transactions , the user should be liable only for a very limited amount , unless the payment service user has acted fraudulently or with gross negligence . in this context an amount of eur 50 seems to be adequate in order to ensure a harmonized and a high level user protection within the union . moreover , once users have notified a payment service provider that their payment instrument may have been compromised , the users should not be required to cover any further losses stemming from unauthorised use of that instrument . this directive should be without prejudice to the payment service providers ' responsibility for technical security of their own products .


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


### without prejudice to articles 14 and 15 of directive [ nis directive ] [ op please insert number of directive once adopted ] , eba shall issue guidelines to facilitate payment service providers in qualifying major incidents and the circumstances under which a payment institution is required to notify a security incident . those guidelines shall be issued by . ### eba shall coordinate the sharing of information in the area of operational and security risks associated with payment services with the competent authorities the ecb , the competent authorities under the [ nis ] directive . , and , where relevant , with enisa .


### access to and use of payment account information by third party payment service provider ### access to and use of payment account information by third party payment service provider and by third party payment instrument issuers


### the examination procedure should only apply for the adoption of measures of general scope designed to implement basic acts and specific measures with a potentially important impact . that procedure should provide for the control of the member states in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee . ### the examination procedure should provide for a method of control enabling member states to ensure that measures cannot be adopted if they are not in conformity with the opinion of the committee or if the committee does not deliver an opinion . the commission should nevertheless be able , in very exceptional circumstances to be defined in the basic act , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures , taking into account the views expressed within the committee .


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


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


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


### a competent authority may permit the delay by an issuer of a financial instrument of the public disclosure of inside information provided that the following conditions are satisfied : ### a competent authority may permit the delay by an issuer of a financial instrument or an emission allowance market participant of the public disclosure of inside information provided that the following conditions are satisfied :


### this regulation does not apply to the activity of a member state , the european commission or any other officially designated body , or of any person acting on their behalf , which concerns emission allowances and which is undertaken in the pursuit of the union ' s climate policy . ### this regulation does not apply to the activity of a member state , the european commission or any other officially designated body , or of any person acting on their behalf , which concerns emission allowances and which is undertaken solely in the pursuit of the union ' s climate policy .


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


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


### the commission shall be empowered to adopt delegated acts in accordance with article 32 concerning the supplementing and amending of the conditions for buy - back programmes and stabilisation of financial instruments , the definitions in this regulation , the conditions for drawing up insider lists , the conditions relating to managers ' transactions and the arrangements for persons who provide information that may lead to the detection of breaches of this regulation . ### the commission shall be empowered to adopt delegated acts in accordance with article 32 concerning the supplementing and amending of the conditions for buy - back programmes and stabilisation of financial instruments , the definitions in this regulation , the thresholds for determining the application of the public disclosure obligation to emission allowance market participants , the conditions for drawing up insider lists , the conditions relating to managers ' transactions and the arrangements for persons who provide information that may lead to the detection of breaches of this regulation .


### the 800 mhz band is optimal for the coverage of large areas by wireless broadband services . building on the harmonisation of technical conditions under decision 2010 / 267 / eu , and on commission recommendation of 28 october 2009 calling for analogue broadcasting to be switched off by 1 january 2012 , and given rapid national regulatory developments , this band should in principle be made available for electronic communications in the union by 2013 . in the longer term , additional spectrum below 790 mhz could also be envisaged , depending on experience and the lack of spectrum in other bands adequate for coverage . considering the capacity of the 800 mhz band to transmit over large areas , coverage obligations should be attached to rights . ### the 800 mhz band is optimal for the coverage of large areas by wireless broadband services . building on the harmonisation of technical conditions under decision 2010 / 267 / eu , and on commission recommendation of 28 october 2009 calling for analogue broadcasting to be switched off by 1 january 2012 , and given rapid national regulatory developments , this band should in principle be made available for electronic communications in the union by 2013 . in the longer term , additional spectrum below 790 mhz should also be envisaged for the use of mobile services .


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


### 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 the timing of granting rights 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 .


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


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


### maintain and develop effective competition , in particular in electronic communication services , by preventing ex ante , or remedying ex post , excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition ; ### maintain and develop effective competition , in particular in electronic communication services , by preventing ex ante , or remedying ex post , excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition by means of withdrawal of frequency rights or other measures ;


### 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 in decision 2010 / 267 / eu , 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 in addition take action to promote a second digital dividend and consider the longer - term convergence of services for 470 - 698 mhz . new spectrum bands such as the 2 . 3 ghz band to be allocated for mobile services , primarily adding capacity , should also be envisaged .


### – date of death and slaughter , ### – date of death and / or slaughter ,


### the availability of adequate means of transport needs to be improved to support the development of a rapid response capability at the union level the union should support and supplement the efforts of member states by facilitating the pooling of transport resources of member states and contributing , where necessary , to the financing of additional means of transport subject to certain criteria . ### the accessibility of transport in all eu regions and the availability of adequate means of transport needs to be improved to support the development of a rapid response capability at the union level the union should support and supplement the efforts of member states by facilitating the pooling of transport resources of member states and contributing , where necessary , to the financing of additional means of transport subject to certain criteria


### in order to improve the planning of disaster response operations and to ensure the availability of key capacities , it is necessary to develop reference scenarios for the main types of disasters , map key existing capacities available in member states , develop contingency plans for the deployment of the capacities and develop a european emergency response capacity in the form of a voluntary pool of pre - committed capacities of member states . the contingency planning exercise could also be used to determine whether there are gaps in the emergency response capacities available in the member states that may be filled with capacities to be developed with union support , which would be shared across the union . ### in order to improve the planning of disaster response operations and to ensure the availability of key capacities , it is necessary to develop reference scenarios for the main types of disasters , map key existing capacities available in member states , develop contingency plans for the deployment of the capacities and develop a european emergency response capacity in the form of a voluntary pool of pre - committed capacities of member states . the contingency planning exercise could also be used to determine whether there are gaps in the emergency response capacities available in the member states regarding coordination between cross - border regions that may be filled with capacities to be developed with union support , which would be shared across the union .


### ' major disaster ' means any situation , which has or may have an adverse impact on people , the environment or property and which may result in a call for assistance under the mechanism ; ### ‘ major disaster’ means an elementary event which , owing to its unusual magnitude , has already endangered life and property or will do so in the immediate future , which the resources of the member state affected are insufficient to deal with and which may result in a call for assistance under the mechanism .


### the mechanism should make it possible to mobilise and facilitate coordination of assistance interventions . the reinforced cooperation should be based on a union structure consisting of an emergency response centre , a european emergency response capacity in the form of a voluntary pool of pre - committed capacities from the member states , trained experts , a common emergency communication and information system managed by the commission and contact points in the member states . it should provide a framework for collecting validated emergency information , for disseminating that information to the member states and for sharing lessons learnt from interventions . ### the mechanism should make it possible to mobilise and facilitate coordination of assistance interventions . the reinforced cooperation should be based on a union structure consisting of an emergency response centre coordinated with existing national , regional and local structures , a european emergency response capacity in the form of a voluntary pool of pre - committed capacities from the member states , trained experts , a common emergency communication and information system managed by the commission and contact points in the member states . it should provide a framework for collecting validated emergency information , for disseminating that information to the member states and for sharing lessons learnt from interventions


### . the reinforced cooperation should be based on a union structure consisting of an emergency response centre , a european emergency response capacity in the form of a voluntary pool of pre - committed capacities from the member states , trained experts , a common emergency communication and information system managed by the commission and contact points in the member states . it should provide a framework for collecting validated emergency information , for disseminating that information to the member states and for sharing lessons learnt from interventions . ### the reinforced cooperation should be based on a union structure consisting of an emergency response centre , a european emergency response capacity in the form of a voluntary pool of pre - committed capacities from the member states , trained experts , a common emergency communication and information system managed by the commission and contact points in the member states . it should provide a framework for collecting validated emergency information , for disseminating that information to the member states and for sharing lessons learnt from interventions by promoting examples of good practice .


### in order to improve the planning of disaster response operations and to ensure the availability of key capacities , it is necessary to develop reference scenarios for the main types of disasters , map key existing capacities available in member states , develop contingency plans for the deployment of the capacities and develop a european emergency response capacity in the form of a voluntary pool of pre - committed capacities of member states . the contingency planning exercise could also be used to determine whether there are gaps in the emergency response capacities available in the member states that may be filled with capacities to be developed with union support , which would be shared across the union . ### in order to improve the planning of disaster response operations and to ensure the availability of key capacities , it is necessary to develop reference scenarios for the main types of disasters , map key existing capacities available in member states and develop contingency plans . the contingency planning exercise could also be used to determine whether there are gaps in the emergency response capacities available in the member states that may be filled with national or regional capacities .


### the mechanism should include a general policy framework for union disaster risk prevention actions aimed at achieving a high level of protection and resilience against disasters by preventing or reducing their effects and by fostering a culture of prevention . risk management plans are essential to ensure an integrated approach to disaster management , linking risk prevention , preparedness and response actions . therefore , the mechanism should include a general framework for their communication and implementation . ### the mechanism should include a general policy framework for union disaster risk prevention actions aimed at achieving a high level of protection and resilience against disasters by preventing or reducing their effects and by fostering a culture of prevention .


### promote and support the development and implementation of members states ' risk management plans including guidelines on their content and provide for adequate incentives , where needed ; ### promote and support the development , coordination between member states and implementation of members states ' risk management plans including guidelines on their content and provide for adequate incentives , where needed ;


### the availability of adequate means of transport needs to be improved to support the development of a rapid response capability at the union level . the union should support and supplement the efforts of member states by facilitating the pooling of transport resources of member states and contributing , where necessary , to the financing of additional means of transport subject to certain criteria . ### the availability and speed of adequate means of transport need to be improved to support the development of a rapid response capability at the union level . the union should support and supplement the efforts of member states by facilitating the pooling of transport resources of member states and contributing , where necessary , to the financing of additional means of transport subject to certain criteria .


### the financial reference amount for the implementation of this decision for the period 2014 to 2020 shall be eur 513 000 000 at current prices . ### the financial reference amount for the implementation of this decision for the period 2014 to 2020 shall be eur 400 000 000 at current prices .


### when defining the adjustment path to the medium - term budgetary objective for member states that have not yet reached this objective and in allowing a temporary deviation from this objective for member states that have already reached it , under the condition that an appropriate safety margin with respect to the deficit reference value is preserved and that the budgetary position is expected to return to the medium - term budgetary objective within the programme period , the council shall take into account the implementation of major structural reforms which have direct long - term cost - saving effects , including by raising potential growth , and therefore a verifiable impact on the long - term sustainability of public finances . ### when defining the adjustment path to the medium - term budgetary objective for member states that have not yet reached this objective and in allowing a temporary deviation from this objective for member states that have already reached it , under the condition that an appropriate safety margin with respect to the deficit reference value is preserved and that the budgetary position is expected to return to the medium - term budgetary objective within the programme period , the council may only take into account the implementation of major structural reforms which have direct long - term cost - saving effects , including by raising potential growth , and therefore a verifiable impact on the long - term sustainability of public finances .


### adherence to the medium - term budgetary objective of budgetary positions should allow member states to have a safety margin with respect to the 3% of gdp reference value in order to ensure rapid progress towards sustainability and to have room for budgetary manoeuvre , in particular taking into account the needs of public investment . ### adherence to the medium - term budgetary objective of budgetary positions should allow member states to have a safety margin with respect to the 3% of gdp reference value in order to ensure sustainable public finances and a rapid progress towards sustainability and to have room for budgetary manoeuvre , in particular taking into account the needs of public investment .


### the deviation may be equally not considered in case of severe economic downturn of a general nature . ### the deviation may be equally not considered in case of recession .


### special attention shall be paid to pension reforms introducing a multi - pillar system that includes a mandatory , fully funded pillar . member states implementing such reforms shall be allowed to deviate from the adjustment path to their medium - term budgetary objective or from the objective itself , with the deviation reflecting the net cost of the reform to the publicly managed pillar , under the condition that the deviation remains temporary and that an appropriate safety margin with respect to the deficit reference value is preserved . ### special attention shall be paid to pension reforms strengthening a multi - pillar system . member states implementing such reforms shall be allowed to deviate from the adjustment path to their medium - term budgetary objective or from the objective itself , with the deviation reflecting the net cost of the reform to the publicly managed pillar , under the condition that the deviation remains temporary and that an appropriate safety margin with respect to the deficit reference value is preserved .


### the content of the stability and convergence programmes as well as the criteria for their examination should further be adapted in the light of the experience gained with the implementation of the stability and growth pact . ### the content of the stability and convergence programmes as well as the criteria for their examination should further be developed and discussed on national and union level in the light of the experience gained with the implementation of the stability and growth pact .


### in periods of severe economic downturn of a general nature member states may be allowed to temporarily depart from the adjustment path implied by prudent fiscal - policy making referred to in the fourth subparagraph . ### in periods of recession member states may be allowed to temporarily depart from the adjustment path implied by prudent fiscal policy making referred to in the fourth subparagraph .


### at least 90% of the activities of that legal person are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity ### at least 80 % of the activities of that legal person are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity


### the agreement establishes a genuine co - operation between the participating contracting authorities or entities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties ; ### the purpose of the partnership is the provision of a public service task in the public interest conferred on public authorities , or the carrying - out of ancillary purchasing activities within the meaning of article 2 , which is necessary in order to perform the public service task in the public interest . a pooling of tasks shall also be considered to exist where a municipality is merely obliged to make payment , provided that cooperation enables the municipality to carry out its own obligations more economically or more effectively ;


### with regard to public works concessions and works concessions , calculation of the estimated value shall take account of both the cost of the works and the total estimated value of the supplies and services that are made available to the contractor by the contracting authorities or entities provided that they are necessary for executing the works . ### with regard to determining the threshold , the estimated value of the concession shall be equal to the estimated turnover , net of taxes , accumulated over the duration of the contract .


### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental characteristics and innovative character . ### quality , including technical merit , aesthetic and functional characteristics , accessibility , environmental characteristics and innovative character ;


### for the purposes of point of the first subparagraph , where a concession is co - financed for a considerable part by an international organisation or international financing institution the parties decide on applicable concession award procedures which shall be in conformity with the provisions of the treaty on the functioning of the european union . ### for the purposes of point of the first subparagraph , where more than one quarter of a concession is co - financed by an international organisation or international financing institution the parties decide on applicable concession award procedures which shall be in conformity with the provisions of the treaty on the functioning of the european union .


### at least 90% of the activities of that legal person are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of article 4 or other legal persons controlled by the same contracting authority or entity ; ### at least 80 % of the activities of that legal person are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of article 4 or other legal persons controlled by the same contracting authority or entity .


### where the aggregate value of the lots is equal to or exceeds the threshold laid down in article 5 , this directive shall apply to the awarding of each lot . ### where the aggregate value of the lots is equal to or exceeds the thresholds laid down in article 5 , this directive shall apply to the awarding of each lot .


### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , central bank services and operations conducted with the european financial stability facility ; ### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , central bank services and operations conducted with the european financial stability facility and the european stability mechanism ;


### the choice of the method used to calculate the estimated value of a concession shall not be made with the intention of excluding it from the scope of this directive . a works project or an entirety of services shall not be subdivided with the effect of preventing it from falling within the scope of this directive , unless justified by objective reasons . ### the choice of the method used to calculate the estimated value of a concession shall not be made with the intention of excluding it from the scope of this directive . a works project or an entirety of services shall not be subdivided with the effect of preventing it from falling within the scope of this directive , unless justified by objective reasons , such as taking smes into consideration .


### contracting authorities or contracting entities may award concessions for individual lots without applying the provisions on the award provided for under this directive , provided that the estimated value net of vat of the lot concerned is less than eur 1 million . however , the aggregate value of the lots thus awarded without applying this directive shall not exceed 20% of the aggregate value of all the lots into which the proposed work or the proposed purchase of services has been divided . ### contracting authorities or contracting entities may award concessions for individual lots without applying the provisions on the award provided for under this directive , provided that the estimated value net of vat of the lot concerned is less than eur 500 000 . however , the aggregate value of the lots thus awarded without applying this directive shall not exceed 20 % of the aggregate value of all the lots into which the proposed work or the proposed purchase of services has been divided .


### the agreement is governed only by considerations relating to the public interest ; ### the task is carried out solely by the public authorities concerned without the involvement of active private capital ;


### ' candidate’ means an economic operator that has sought an invitation or has been invited to take part in a concession award procedure ; ### ‘ candidate’ means an economic operator that has sought an invitation to take part in a concession award procedure or has been invited to do so .


### the calculation of the estimated value of a concession shall be based on the total amount payable , net of vat , as estimated by the contracting authority or the contracting entity , including any form of option and any extension of the duration of the concession . ### the calculation of the estimated value of a concession shall be based on the total amount payable , net of vat , as estimated by the contracting authority or the contracting entity .


### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , central bank services and operations conducted with the european financial stability facility ; ### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , transactions by the contracting authorities to raise money or capital , central bank services and operations conducted with the european financial stability facility ;


### the contracting authority or the contracting entity shall indicate in the concession notice or documents the relative weighting which it gives to each of the criteria set out in paragraph 1 or list those criteria in descending order of importance . ### the contracting authority or the contracting entity shall , if it deems it necessary , indicate in the concession notice or documents the relative weighting which it gives to each of the criteria set out in paragraph 1 or list those criteria in descending order of importance .