### the investment product manufacturer shall establish appropriate procedures and arrangements which ensure that retail investors who have submitted a complaint in relation to the key information document receive a substantive reply in a timely and proper manner . ### the investment product manufacturer and the person selling the investment product shall establish appropriate procedures and arrangements which ensure that : retail investors have an effective way of submitting a complaint against the investment product manufacturer ; retail investors who have submitted a complaint in relation to the key information document receive a substantive reply in a timely and proper manner ; and effective redress procedures are also available to retail investors in the event of cross - border disputes , in particular where the investment product manufacturer is located in another member state or in a third country .


### the investment product manufacturer shall establish appropriate procedures and arrangements which ensure that retail investors who have submitted a complaint in relation to the key information document receive a substantive reply in a timely and proper manner . ### the investment product manufacturer shall establish appropriate procedures and arrangements which ensure that retail investors who have submitted a complaint in relation to the key information document receive a substantive reply in a timely and proper manner , in accordance with national law in order to avoid duplications .


### sanctions and measures imposed for the breaches referred to in article 19 shall be disclosed to the public without undue delay including at least information on the type of breach of this regulation and the identity of those responsible for it , unless such disclosure would seriously jeopardise the financial markets . where a publication would cause a disproportionate damage to the parties involved , the competent authorities shall publish the sanctions or measures on an anonymous basis . ### sanctions and measures imposed for the breaches referred to in article 19 and which have become final shall be disclosed to the public without undue delay including at least information on the type of breach of this regulation and the identity of those responsible for it , unless such disclosure would seriously jeopardise the financial markets . where a publication would cause a disproportionate damage to the parties involved , the competent authorities shall publish the sanctions or measures on an anonymous basis . the publication of sanctions shall respect fundamental rights as laid down in the charter of fundamental rights of the european union , in particular the respect for private and family life and the protection of personal data . member states shall take any measures to ensure that administrative sanctions and measures are not published for longer than required under national law , after which they are automatically deleted . member states shall take any technical measure and safeguards to prevent that third parties continue to disclose public administrative sanctions and measures after the period of publication .


### the union support should mitigate the risk inherent in project bonds to the extent that capital market participants are willing to invest in a larger volume infrastructure project bonds than would be possible without union support . ### the union support should mitigate the risk inherent in project bonds to the extent that capital market participants are willing to invest in a larger volume infrastructure project bonds than would be possible without union support . project bonds should be extended to innovation and demonstration projects as well .


### therefore , a pilot phase for the europe 2020 project bond initiative should be launched during the current financial framework in order to develop debt capital market financing in the area of infrastructure more generally and to extend the range of financial instruments currently available for transport projects . ### therefore , a pilot phase for the europe 2020 project bond initiative should be launched during the current financial framework in order to ascertain whether and to what extent such risk - sharing financial instruments offer additional benefits in the area of infrastructure financing .


### in light of the eib ' s long - standing expertise and as the major financier of infrastructure projects and given its nature as the eu financial body established by the treaty , the commission should involve the eib in the implementation of this pilot phase . the specific terms and conditions of the co - operation including risk - sharing and remuneration of the eib , should be laid down in an agreement between the commission and the eib . ### in light of the eib ' s long - standing expertise and as the major financier of infrastructure projects and given its nature as the eu financial body established by the treaty , the commission should involve the eib in the implementation of this pilot phase . the eib should also be increasingly used for innovation projects . the specific terms and conditions of the co - operation including risk - sharing and remuneration of the eib , should be laid down in an agreement between the commission and the eib .


### the pilot phase of the europe 2020 project bond initiative should be launched in preparation of the proposed connecting europe facility . this pilot phase will help to pave the way for the risk - sharing financial instrument under the connecting europe facility . ### the pilot phase of the europe 2020 project bond initiative is without prejudice to the decision about the union’s multiannual financial framework after 2013 and , in particular , the commission proposal for the establishment of the connecting europe facility . the pilot phase should therefore be launched to test whether this risk - sharing financial instrument can offer an added value to be implemented under the proposed connecting europe facility . the decision about the continuation of the europe 2020 project bond initiative after the end of the pilot phase will only be taken after an independent evaluation of the pilot phase has taken place . the commission should provide for an exit from the initiative if the predicted market uptake is not satisfactory or when sufficient alternative sources of long - term debt financing become available .


### the application for support , selection and implementation of all projects shall be subject to union law , in particular with regard to state aid and shall seek to avoid creating or adding to market distortions . ### the application for support , selection and implementation of all projects should be made on equal conditions for all projects and be subject to union law , in particular with regard to state aid and shall seek to avoid creating or adding to market distortions .


### alternatively , the union may make a financial contribution to the eib to the provisioning and capital allocation for loans or guarantees to be issued by the eib on its own resources under the risk - sharing instrument for project bonds referred to in paragraphs 2a to 2d . ### alternatively , the union may make a financial contribution to the eib during the pilot phase in 2012 and 2013 to the provisioning and capital allocation for loans or guarantees to be issued by the eib on its own resources under the risk - sharing instrument for project bonds referred to in paragraphs 2a to 2d . '


### the union exposure to the risk sharing instrument for project bonds , including management fees and other eligible costs , shall be strictly limited to the amount of the union contribution to the risk - sharing instrument for project bonds and there shall be no further liability on the general budget of the union . the residual risk inherent in all operations shall be borne by the eib . ### the union exposure to the risk sharing instrument for project bonds , including management fees and other eligible costs , shall be strictly limited to the amount of the union contribution to the risk - sharing instrument for project bonds and there shall be no further liability on the general budget of the union . the residual risk inherent in all operations shall be borne by the eib . the precise definition of the rules shall be laid down in accordance with the rules on the introduction of the loan guarantee instrument laid down in article 6 and the annex of regulation no 680 / 2007 . the commission shall inform the european parliament and the council of the wording of the agreement referred to in the first subparagraph without delay .


### ' risk - sharing instrument for project bonds ' means a credit enhancement provided to projects of common interest . the risk - sharing instrument for project bonds covers the debt service risk of a project and mitigates the credit - risk of bond holders . it is used only for projects whose financial viability is based on project revenues . ### ' risk - sharing instrument for project bonds ' means a credit enhancement provided to projects of common interest . the risk - sharing instrument for project bonds covers the debt service risk of a project and mitigates the credit - risk of bond holders . it is used only :


### a financial contribution to the eib to the provisioning and capital allocation for loans or guarantees to be issued by the eib on its own resources under the risk - sharing instrument for project bonds in the field of ten - t and ten - e . the union exposure to the risk sharing instrument , including management fees and other eligible costs , shall be strictly limited to the amount of the union contribution to the risk - sharing instrument for project bonds and there shall be no further liability on the general budget of the union . the residual risk inherent in all operations shall be borne by the eib . the detailed terms and conditions for implementing the risk - sharing instrument for project bonds , including its monitoring and control , shall be laid down in a delegation agreement between the commission and the eib . in 2012 and 2013 , an amount of up to eur 210 million , of which up to eur 200 million for transport projects and up to eur 10 million for energy projects , may be redeployed for the risk - sharing instrument for project bonds in accordance with the procedure referred to in article 15 from the ten - t and ten - e budget lines , respectively . the risk - sharing instrument for project bonds may reuse any revenues received within the investment period for new loans and guarantees . ### a financial contribution to the eib to the provisioning and capital allocation for loans or guarantees to be issued by the eib on its own resources under the risk - sharing instrument for project bonds in the field of ten - t and ten - e . the union exposure to the risk sharing instrument , including management fees and other eligible costs , shall be strictly limited to the amount of the union contribution to the risk - sharing instrument for project bonds and there shall be no further liability on the general budget of the union . the residual risk inherent in all operations shall be borne by the eib . the detailed terms and conditions for implementing the risk - sharing instrument for project bonds , including its monitoring and control , shall be laid down in a delegation agreement between the commission and the eib and disclosed to the council and the european parliament . in 2012 and 2013 , an amount of up to eur 210 million , of which up to eur 200 million for transport projects and up to eur 10 million for energy projects , may be redeployed for the risk - sharing instrument for project bonds in accordance with the procedure referred to in article 15 from the ten - t and ten - e budget lines , respectively . the precise definition of the rules shall be laid down in accordance with the rules on the introduction of the loan guarantee instrument laid down in article 6 and the annex of regulation no 680 / 2007 . the commission shall inform the european parliament and the council of the wording of these rules without delay . the risk - sharing instrument for project bonds may reuse any revenues received within the investment period for new loans and guarantees .


### development of endogenous potential by supporting regional and local development and research and innovation . these measures shall include : ### development of endogenous potential by supporting regional and local development and research and innovation , while taking care not to increase levels of bureaucracy . these measures shall include :


### networking , cooperation and exchange of experience between regions , towns , and relevant social , economic and environmental actors ; ### networking , cooperation and exchange of experience and best practices between regions , towns , and relevant social , economic and environmental actors ;


### developing new business models for smes , in particular for internationalisation ; ### developing and implementing new business models for smes , in particular for internationalisation ;


### action to improve the urban environment , including regeneration of brownfield sites and reduction of air pollution ; ### action to improve the urban environment , including regeneration of brownfield sites and reduction of air pollution , including the areas located in the immediate neighbourhood of the urban areas ;


### freight transport services and start - up aid for transport services ; ### freight transport services and start - up aid for transport services , based on sustainable mobility ;


### the results of the statutory audit should be presented to the stakeholders in the audit report . in order to increase the confidence of stakeholders in the financial statements of the audited entity , it is particularly important that the audit report is well - founded and solidly substantiated and its content expanded to include additional information specific to the audit carried out . the audit report should in particular include sufficient information on the methodology used in the audit , especially how much of the balance sheet has been directly verified and how much has been based on system and compliance testing , on the levels of materiality applied to perform the audit , on the key areas of risk of material misstatements of the annual and consolidated financial statements , on whether the statutory audit was designed to detect fraud and , in the event of a qualified or adverse opinion or a disclaimer of opinion , on the reasons for such decision . ### the results of the statutory audit should be presented to the stakeholders in the audit report . in order to increase the confidence of stakeholders in the financial statements of the audited entity , it is particularly important that the audit report is well - founded and solidly substantiated and its content expanded to include additional information about the auditee specific to the audit carried out . the audit report should in particular include sufficient information on the methodology used in the audit , especially how much of the balance sheet has been directly verified and how much has been based on system and compliance testing , on the levels of materiality applied to perform the audit , on the key areas of risk of material misstatements of the annual and consolidated financial statements , on whether the statutory audit was designed to detect fraud and , in the event of a qualified or adverse opinion or a disclaimer of opinion , on the reasons for such decision .


### the value of statutory audit for the audited entity would be particularly enhanced if the communication between the statutory auditor or the audit firm , on the one hand , and the audit committee , on the other hand , was reinforced . further to the regular dialogue during the carrying out of the statutory audit , it is important that the statutory auditor or the audit firm submits to the audit committee an additional and more detailed report on the results of the statutory audit . it should be possible to make such additional detailed reports available to the supervisors of public - interest entities , but not to the public . ### the value of statutory audit for the audited entity would be particularly enhanced if the communication between the statutory auditor or the audit firm , on the one hand , and the audit committee , on the other hand , was reinforced . this would contribute to increased transparency , strengthened accountability and professional ethics . further to the regular dialogue during the carrying out of the statutory audit , it is important that the statutory auditor or the audit firm submits to the audit committee an additional and more detailed report on the results of the statutory audit . it should be possible to make such additional detailed reports available to the supervisors of public - interest entities , but not to the public .


### the value of statutory audit for the audited entity would be particularly enhanced if the communication between the statutory auditor or the audit firm , on the one hand , and the audit committee , on the other hand , was reinforced . further to the regular dialogue during the carrying out of the statutory audit , it is important that the statutory auditor or the audit firm submits to the audit committee an additional and more detailed report on the results of the statutory audit . it should be possible to make such additional detailed reports available to the supervisors of public - interest entities , but not to the public . ### the value of statutory audit for the audited entity would be particularly enhanced if the communication between the statutory auditor or the audit firm , on the one hand , and the audit committee , on the other hand , was reinforced . further to the regular dialogue during the carrying out of the statutory audit , it is important that the statutory auditor or the audit firm submits to the audit committee an additional and more detailed report on the results of the statutory audit . it should be possible to make such additional detailed reports available to the supervisors of public - interest entities and if possible , to the extent that they do not concern the business secrets of the undertaking , to the public .


### it is also important that the role of the audit committee in the selection of a new statutory auditor or audit firm be reinforced , for the benefit of a more informed decision of the general meeting of shareholders or members of the audited entity . hence , when making a proposal to the general meeting , the board should explain whether it follows the recommendation of the audit committee and , if not , why . the recommendation of the audit committee should include at least two possible choices for the audit engagement and a duly justified preference for one of them , so that the general meeting can make a real choice . in order to provide a fair and proper justification in its recommendation , the audit committee should use the results of a mandatory selection procedure organised by the audited entity , under the responsibility of the audit committee . in such selection procedure , the audited entity should invite statutory auditors or audit firms , including smaller ones , to present proposals for the audit engagement . tender documents should contain transparent and non - discriminatory selection criteria to be used for the evaluation of proposals . considering , however , that this selection procedure could entail disproportionate costs for companies with reduced market capitalisation or small and medium - sized public - interest entities having regard to their dimension , it is appropriate to relieve such entities from this obligation . ### it is also important that the role of the audit committee in the selection of a new statutory auditor or audit firm be reinforced , for the benefit of a more informed decision of the general meeting of shareholders or members of the audited entity . this would lead to more transparency in the selection procedure and to strengthened accountability vis - à - vis shareholders . hence , when making a proposal to the general meeting , the board should explain whether it follows the recommendation of the audit committee and , if not , why . the recommendation of the audit committee should include at least two possible choices for the audit engagement and a duly justified preference for one of them , so that the general meeting can make a real choice . in order to provide a fair and proper justification in its recommendation , the audit committee should use the results of a mandatory selection procedure organised by the audited entity , under the responsibility of the audit committee . in such selection procedure , the audited entity should invite statutory auditors or audit firms , including smaller ones , to present proposals for the audit engagement . tender documents should contain transparent and non - discriminatory selection criteria to be used for the evaluation of proposals . considering , however , that this selection procedure could entail disproportionate costs for companies with reduced market capitalisation or small and medium - sized public - interest entities having regard to their dimension , it is appropriate to relieve such entities from this obligation .


### a statutory auditor or an audit firm carrying out statutory audit of public - interest entities may provide to the audited entity , to its parent undertaking and to its controlled undertakings statutory audit services and related financial audit services . ### a statutory auditor or an audit firm carrying out statutory audit of public - interest entities shall not provide to the audited entity , to its parent undertaking and to its controlled undertakings , to which the audited entity is material , prohibited services as referred to in paragraph 3 . 1a . non - assurance services , not categorised as prohibited services , may be provided subject to pre - approval by the audit committee [ or board of directors , if no audit committee ] . in all circumstances the provision of non - assurance services may not create any threats to the independence of the statutory auditor of the public interest entity .


### where the statutory auditor belongs to a network , a member of such network may provide to the audited entity , to its parent undertaking and to its controlled undertakings within the union statutory audit services or related financial audit services . ### where the parent company is not audited by the statutory auditor or an audit firm carrying out statutory audit or a network firm related hereto , the restrictions above to provide prohibited services should not apply .


### where the audited entity is exempted from the obligation to have an audit committee , the audited entity shall decide which body or organ of the entity shall perform the functions assigned to the audit committee in this paragraph . ### where the audited entity is exempted from the obligation to have an audit committee , the audited entity shall decide which body or organ of the entity shall perform the functions assigned to the audit committee in this paragraph in order to avoid conflicts of interests , ensure independence , and professional ethics .


### esma shall create a permanent internal committee pursuant to article 41 of regulation no 1095 / 2010 for this purpose . such internal committee shall be at least composed of the competent authorities referred to in article 35 of this regulation . the competent authorities referred to in article 32 of directive 2006 / 43 / ec shall be invited to attend the meetings of such internal committee concerning matters related to approval and registration of statutory auditors and audit firms and relations with third countries in so far as relevant to the statutory audit of public - interest entities . ### pursuant to article 41 of regulation no 1095 / 2010 , esma shall create a permanent internal committee to which it shall delegate the duties and decisions entailed in carrying out the tasks referred to in the first subparagraph . such internal committee shall be at least composed of the competent authorities referred to in article 35 of this regulation . the competent authorities referred to in article 32 of directive 2006 / 43 / ec shall be invited to attend the meetings of such internal committee concerning matters related to approval and registration of statutory auditors and audit firms and relations with third countries in so far as relevant to the statutory audit of public - interest entities .


### regulated markets and investment firms and market operators operating an mtf or an otf based on the trading system operated shall make public prices and the depth of trading interests at those prices for orders or quotes advertised through their systems for bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published , emission allowances and for derivatives admitted to trading or which are traded on an mtf or an otf . this requirement shall also apply to actionable indications of interests . regulated markets and investment firms and market operators operating an mtf or an otf shall make this information available to the public on a continuous basis during normal trading hours . ### regulated markets and investment firms and market operators operating an mtf or an otf based on the trading system operated shall make public prices and the depth of trading interests at those prices for orders or quotes advertised through their systems for bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published , emission allowances and for derivatives which are subject to the trading obligations as referred to in article 24 . this requirement shall also apply to actionable indications of interests . regulated markets and investment firms and market operators operating an mtf or an otf shall make this information available to the public on a continuous basis during normal trading hours . this publication obligation does not apply to derivative transactions of non - financial counterparties which reduce the objectively measurable risks that are directly related to the business activity or the business financing of this counterparty .


### regulated markets and investment firms and market operators operating an mtf or an otf shall make public the price , volume and time of the transactions executed in respect of bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published , emission allowances and for derivatives admitted to trading or which are traded on an mtf or an otf . regulated markets and investment firms and market operators operating an mtf or an otf shall make details of all such transactions public as close to real - time as is technically possible . ### regulated markets and investment firms and market operators operating an mtf or an otf shall make public the price , volume and time of the transactions executed in respect of bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published , emission allowances and for derivatives which are subject to the trading obligations as referred to in article 24 . regulated markets and investment firms and market operators operating an mtf or an otf shall make details of all such transactions public as close to real - time as is technically possible . this publication obligation does not apply to derivative transactions of non - financial counterparties which reduce the objectively measurable risks that are directly related to the business activity or the business financing of this counterparty .


### systematic internalisers shall provide firm quotes in bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published , emission allowances and derivatives which are clearing - eligible or are admitted to trading on a regulated market or are traded on an mtf or an otf when the following conditions are fulfilled : ### systematic internalisers shall provide firm quotes in bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published , emission allowances and derivatives which are subject to the trading obligations as referred to in article 24 when the following conditions are fulfilled :


### investment firms which , either on own account or on behalf of clients , conclude transactions in bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published , emission allowances and derivatives which are clearing - eligible or are reported to trade repositories in accordance with article [ 6 ] of regulation [ emir ] or are admitted to trading on a regulated market or are traded on an mtf or an otf shall make public the volume and price of those transactions and the time at which they were concluded . this information shall be made public through an apa . ### investment firms which , either on own account or on behalf of clients , conclude transactions in bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published , emission allowances and derivatives which are subject to the trading obligations as referred to in article 24 shall make public the volume and price of those transactions and the time at which they were concluded . this information shall be made public through an apa . this publication obligation does not apply to such derivative transactions of non - financial counterparties which reduce the objectively measurable risks that are directly related to the business activity or the business financing of this counterparty .


### each of the airports concerned shall establish a committee of representatives of airport users or of organisations representing airport users . ### each of the airports concerned shall establish , at the airport users’ request , a committee of representatives of airport users or of organisations representing airport users .


### however , member states shall not limit this number to fewer than two suppliers for each category of groundhandling services or , for airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least the previous three years , to fewer than three suppliers for each category of groundhandling services . ### however , member states shall not limit this number to fewer than two suppliers , provided they are chosen on the basis of relevant , objective , transparent and non - discriminatory criteria , for each category of groundhandling services or , for airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least the previous three years , to fewer than three suppliers for each category of groundhandling services .


### suppliers authorised to provide ground - handling services at an airport where their number is limited under article 6 or article 14 shall be selected according to a transparent , open and non - discriminatory tender procedure . ### suppliers authorised to provide ground - handling services at an airport where their number is limited under article 6 or article 14 shall be selected according to a transparent and non - discriminatory tender procedure , open to all interested parties , in accordance with the provisions of directive 2004 / 17 / ec on procurement by entities operating in the water , energy , transport and postal services sectors . the contracting entity may divide these ground - handling services into separate lots , and organise a separate tender procedure for each lot .


### after having notified the commission , the member state concerned may include among the tender specifications a public service obligation to be met by suppliers of ground - handling services in respect of airports serving peripheral or developing regions which are part of its territory , where suppliers are not willing to provide ground - handling services without public support , but where such airports are of vital importance as regards accessibility for the member state concerned . this provision is without prejudice to the eu state aid rules . ### after having informed the commission , and subject to union rules on state aid , the member state concerned may include among the tender specifications a public service obligation to be met by suppliers of ground - handling services in respect of airports serving peripheral or developing regions which are part of its territory , where suppliers are not willing to provide ground - handling services without public support , , but where such airports are of vital importance as regards accessibility for the member state concerned .


### level of quality of operations as assessed on the basis of a representative flight schedule including , where relevant , efficient use of staff and equipment , last acceptance of baggage and cargo , delivery times for baggage and cargo and maximum turnaround times ; ### level of quality of operations as assessed on the basis of a representative flight schedule including , where relevant , efficient use of staff and equipment , last acceptance of baggage and cargo , delivery times for baggage and cargo , ability to ensure secure and responsible handling of luggage and equipment and maximum turnaround times ;


### suppliers of ground - handling services shall be authorised for a minimum period of seven years and a maximum period of ten years except in the case of exemptions for the opening of self - handling and third party ground - handling as provided for in article 14 . the exact period for which the suppliers are authorised and the date to start operations shall be clearly indicated in the invitation to tender . ### suppliers of ground - handling services shall be authorised for a minimum period of seven years and a maximum period of ten years . the exact period for which the suppliers are authorised and the date to start operations shall be clearly indicated in the invitation to tender .


### where a supplier of ground - handling services ceases its activity before the end of the period for which it was authorised , the supplier shall be replaced on the basis of the selection procedure described in articles 7 , 8 , 9 and this article . any supplier ceasing its activity shall inform the relevant tendering authority of its intention to cease activity sufficiently in advance and at least six months in advance before it leaves the airport . financial penalties may be imposed on the supplier if it does not inform the tendering authority sufficiently in advance unless the supplier can demonstrate force majeure . ### where a supplier of ground - handling services ceases its activity before the end of the period for which it was authorised , the supplier shall be replaced on the basis of the selection procedure described in articles 7 , 8 , 9 and in this article . any supplier ceasing its activity shall inform the relevant tendering authority of its intention to cease activity at least six months in advance before it leaves the airport . financial penalties may be imposed on the supplier if it does not inform the tendering authority at least six months in advance unless the supplier can demonstrate force majeure .


### where a member state imposes a requirement as referred to in paragraph , tender documents for the selection procedure laid down in articles 7 to 10 shall list the staff concerned and give the relevant details of employees ' contractual rights and the conditions under which employees are deemed to be linked to the services in question . ### tender documents for the selection procedure laid down in articles 7 to 10 shall list the staff concerned and give the relevant details of employees ' contractual rights and the conditions under which employees are deemed to be linked to the services in question .


### at airports whose annual traffic has been not less than 2 million passenger movements or 50 000 tonnes of freight for at least three consecutive years , no undertaking shall be permitted to provide ground - handling services whether as a supplier of ground - handling services or as a self - handling user unless it has been granted the appropriate approval . an undertaking meeting the requirements of this chapter shall be entitled to receive an approval . ### no undertaking shall be permitted to provide ground - handling services whether as a supplier of ground - handling services , a sub - contractor or as a self - handling user unless it has been granted the appropriate approval . an undertaking meeting the requirements of this chapter shall be entitled to receive an approval .


### for the purposes of the assessment referred to in paragraph , each applicant shall submit its audited accounts for the two previous financial years . ### for the purposes of the assessment referred to in paragraph , each applicant shall submit its audited accounts for the two previous financial years . the approving authority shall lay down the format of the documentation to be submitted .


### where the airport users ' committee disagrees with the decision of the managing body of the airport to centralise , or not to centralise , an infrastructure or with the scope of centralisation , it may ask the independent supervisory authority of the member state concerned to decide whether the infrastructure concerned is to be centralised or not and to what extent . ### where the airport users ' committee disagrees with the decision of the managing body of the airport to centralise , or not to centralise , an infrastructure or with the scope of centralisation , it may ask the independent supervisory authority of the member state concerned to examine the justification for the decision taken by the managing body of the airport .


### the managing body of the airport shall be in charge of the proper coordination of groundhandling activities at its airport . as ground coordinator , the managing body of the airport shall in particular ensure that the operations of suppliers of groundhandling services and self - handling airport users comply with the airport rules of conduct as defined in article 31 . ### the managing body of the airport shall be in charge of the proper coordination of groundhandling activities at its airport . as ground coordinator , the managing body of the airport shall in particular ensure that the operations of suppliers of groundhandling services and self - handling airport users comply with the airport rules of conduct as defined in article 31 . an independent body should be appointed as the ground coordinator .


### the managing body of the airport shall be in charge of the proper coordination of ground - handling activities at its airport . as ground coordinator , the managing body of the airport shall in particular ensure that the operations of suppliers of ground - handling services and self - handling airport users comply with the airport rules of conduct as defined in article 31 . ### the managing body of the airport shall be in charge of the proper coordination of ground - handling activities at its airport . as ground coordinator , the managing body of the airport shall ensure that the suppliers of ground - handling services and self - handling airport users comply with the airport rules of conduct as defined in article 31 . the managing body shall be empowered to adopt measures to enforce the rules of conduct . the measures shall be transparent , proportionate and non - discriminatory .


### the managing body of the airport , a public authority or any other body which controls the airport may lay down rules of conduct . ### the managing body of the airport , a public authority or any other body which controls the airport may lay down rules of conduct to ensure the proper functioning of the airport .


### at airports whose annual traffic has been not less than 5 million passenger movements or 100 000 tonnes of freight for at least the previous three years , the managing body of the airport or , where appropriate , the public authority or any other body which controls the airport shall set minimum quality standards for the performance of groundhandling services . ### at airports whose annual traffic has been not less than 5 million passenger movements or 100 000 tonnes of freight for at least the previous three years , the managing body of the airport or , where appropriate , the public authority or any other body which controls the airport shall set minimum quality standards for the performance of groundhandling services . such standards must take into account and be consistent with the safety rules , arrangements and management systems of the airport operator and affected air operators as referred to in regulation no 216 / 2008 of the european parliament and council .


### suppliers of groundhandling services and self - handling airport users shall respect these minimum quality standards . in addition , airport users and suppliers of groundhandling services shall respect the minimum quality standards in their contractual relations . ### suppliers of groundhandling services and self - handling airport users shall respect these minimum quality standards . the airport managing body may require that suppliers of groundhandling services and self - handling airport users establish and implement a safety management system commensurate with the size of the undertaking and the nature and complexity of the activities , is compatible with the management systems of the airport operator , and complies with any other safety requirements set down in national or union law . in addition , airport users and suppliers of ground - handling services shall respect the minimum quality standards in their contractual relations .


### proposal for a regulation of the european parliament and of the council laying down measures concerning the european single market for electronic communications and to achieve a connected continent , and amending directives 2002 / 20 / ec , 2002 / 21 / ec and 2002 / 22 / ec and regulations no 1211 / 2009 and no 531 / 2012 ### proposal for a regulation of the european parliament and of the council laying down measures concerning the european single market for electronic communications and amending directives 2002 / 20 / ec , 2002 / 21 / ec and 2002 / 22 / ec , regulations no 1211 / 2009 and no 531 / 2012 and decision 243 / 2012 / eu .


### europe has to tap all sources of growth to exit the crisis , create jobs and regain its competitiveness . restoring growth and job creation in the union is the aim of the europe 2020 strategy . the 2013 spring european council stressed the importance of the digital single market for growth and called for concrete measures , in order to establish a single market in information and communications technology as early as possible . in line with the objectives of the europe 2020 strategy and with this call , this regulation aims at establishing a single market for electronic communications by completing and adapting the existing union regulatory framework for electronic communications . ### europe has to tap all sources of growth to exit the crisis , create jobs and regain its competitiveness . restoring growth and job creation in the union is the aim of the europe 2020 strategy . furthermore the digital sphere has become a part of the public space where new forms of cross - border trade are established , and business opportunities for european companies in the global digital economy are being created along with innovative market development and social and cultural interaction . the 2013 spring european council stressed the importance of the digital single market for growth and called for concrete measures , in order to establish a single market in information and communications technology as early as possible . in line with the objectives of the europe 2020 strategy and with this call , this regulation aims at establishing a single market for electronic communications by completing and adapting the existing union regulatory framework for electronic communications .


### europe has to tap all sources of growth to exit the crisis , create jobs and regain its competitiveness . restoring growth and job creation in the union is the aim of the europe 2020 strategy . the 2013 spring european council stressed the importance of the digital single market for growth and called for concrete measures , in order to establish a single market in information and communications technology as early as possible . in line with the objectives of the europe 2020 strategy and with this call , this regulation aims at establishing a single market for electronic communications by completing and adapting the existing union regulatory framework for electronic communications . ### europe has to tap all sources of growth to exit the crisis , create jobs and regain its competitiveness . restoring growth and job creation in the union is the aim of the europe 2020 strategy . the 2013 spring european council stressed the importance of the digital single market for growth and called for concrete measures , in order to establish a single market in information and communications technology as early as possible . in line with the objectives of the europe 2020 strategy and with this call , this regulation aims at contributing to the establishment of a single market for electronic communications by completing and adapting the existing union regulatory framework for electronic communications in certain respects , and by defining the overall content , aim and timing of the next review of that framework .


### a truly single market for electronic communications should promote competition , investment and innovation in new and enhanced networks and services by fostering market integration and cross - border service offerings . it should thus help to achieve the ambitious high - speed broadband targets set out in the dae . the growing availability of digital infrastructures and services should in turn increase consumer choice , quality of service and diversity of content , and contribute to territorial and social cohesion , as well as facilitating mobility across the union . ### a truly single market for electronic communications should promote competition , coordination , investment , innovation and more capacity in new and enhanced networks and services by fostering market integration and cross - border service offerings . it should thus help to achieve the ambitious high - speed broadband targets set out in the dae . the growing availability of digital infrastructures and services should in turn increase consumer choice , quality of service and diversity of content , and contribute to territorial and social cohesion , as well as facilitating mobility across the union .


### a truly single market for electronic communications should promote competition , investment and innovation in new and enhanced networks and services by fostering market integration and cross - border service offerings . it should thus help to achieve the ambitious high - speed broadband targets set out in the dae . the growing availability of digital infrastructures and services should in turn increase consumer choice , quality of service and diversity of content , and contribute to territorial and social cohesion , as well as facilitating mobility across the union . ### a truly single market for electronic communications should promote competition , investment and innovation in new and enhanced networks and services by fostering market integration and cross - border service offerings . it should thus help to achieve , and even surpass , the high - speed broadband targets set out in the dae . the growing availability of digital infrastructures and services should in turn increase consumer choice , quality of service and diversity of content , and contribute to territorial and social cohesion , as well as facilitating mobility across the union .


### a truly single market for electronic communications should promote competition , investment and innovation in new and enhanced networks and services by fostering market integration and cross - border service offerings . it should thus help to achieve the ambitious high - speed broadband targets set out in the dae . the growing availability of digital infrastructures and services should in turn increase consumer choice , quality of service and diversity of content , and contribute to territorial and social cohesion , as well as facilitating mobility across the union . ### a truly single market for electronic communications should promote competition , investment and innovation in new and enhanced networks and services by fostering market integration and cross - border service offerings , and should reduce to a minimum unnecessary regulatory burdens on undertakings . it should thus help to achieve the ambitious high - speed broadband targets set out in the dae . the growing availability of digital infrastructures and services should in turn increase consumer choice , quality of service and diversity of content , and contribute to territorial and social cohesion , as well as facilitating mobility across the union .


### the benefits arising from a single market for electronic communications should extend to the wider digital ecosystem that includes union equipment manufacturers , content and application providers and the wider economy , covering sectors such as banking , automotive , logistics , retail , energy and transport , which rely on connectivity to enhance their productivity through , for example , ubiquitous cloud applications , connected objects and possibilities for integrated service provision for different parts of the company . public administrations and the health sector should also benefit from a wider availability of e - government and e - health services . the offer of cultural content and services , and cultural diversity in general , may be also enhanced in a single market for electronic communications . the provision of connectivity through electronic communications networks and services is of such importance to the wider economy and society that unjustified sector - specific burdens , whether regulatory or otherwise , should be avoided . ### the benefits arising from a single market for electronic communications should extend to the wider digital ecosystem that includes union equipment manufacturers , content and application providers and the wider economy , covering sectors such as banking , automotive , logistics , retail , energy and transport , which rely on connectivity to enhance their productivity through , for example , ubiquitous cloud applications , connected objects and possibilities for integrated service provision for different parts of the company . public administrations and the health sector should also benefit from a wider availability of e - government and e - health services . the offer of cultural and educational content and services , and cultural diversity in general , may be also enhanced in a single market for electronic communications . the provision of connectivity through electronic communications networks and services is of such importance to the wider economy and society that unjustified sector - specific burdens , whether regulatory or otherwise , should be avoided .


### the benefits arising from a single market for electronic communications should extend to the wider digital ecosystem that includes union equipment manufacturers , content and application providers and the wider economy , covering sectors such as banking , automotive , logistics , retail , energy and transport , which rely on connectivity to enhance their productivity through , for example , ubiquitous cloud applications , connected objects and possibilities for integrated service provision for different parts of the company . public administrations and the health sector should also benefit from a wider availability of e - government and e - health services . the offer of cultural content and services , and cultural diversity in general , may be also enhanced in a single market for electronic communications . the provision of connectivity through electronic communications networks and services is of such importance to the wider economy and society that unjustified sector - specific burdens , whether regulatory or otherwise , should be avoided . ### the benefits arising from a single market for electronic communications should extend to the wider digital ecosystem that includes equipment manufacturers , content and application providers and the wider economy , covering sectors such as education , banking , automotive , logistics , retail , energy and transport , which rely on connectivity to enhance their productivity through , for example , ubiquitous cloud applications , connected objects and possibilities for integrated service provision for different parts of the company . citizens , public administrations and the health sector should also benefit from a wider availability of e - government and e - health services . the offer of cultural content and services , and cultural diversity in general , may be also enhanced in a single market for electronic communications . the provision of communications through electronic communications networks and services is of such importance to the wider economy and society that unjustified sector - specific burdens , whether regulatory or otherwise , should be avoided .


### this regulation aims at the completion of the single electronic communications market through action on three broad , inter - related axes . first , it should secure the freedom to provide electronic communications services across borders and networks in different member states , building on the concept of a single eu authorisation which puts in place the conditions for ensuring greater consistency and predictability in the content and implementation of sector - specific regulation throughout the union . second , it is necessary to enable access on much more convergent terms and conditions to essential inputs for the cross - border provision of electronic communications networks and services , not only for wireless broadband communications , for which both licensed and unlicensed spectrum is key , but also for fixed line connectivity . third , in the interests of aligning business conditions and building the digital confidence of citizens , this regulation should harmonise rules on the protection of end - users , especially consumers . this includes rules on non - discrimination , contractual information , termination of contracts and switching , in addition to rules on access to online content , applications and services and on traffic management which not only protect end - users but simultaneously guarantee the continued functioning of the internet ecosystem as an engine of innovation . in addition , further reforms in the field of roaming should give end - users the confidence to stay connected when they travel in the union , and should become over time a driver of convergent pricing and other conditions in the union . ### this regulation aims at moving further towards the completion of the single electronic communications market through action on three broad , inter - related axes . first , it should affirm the freedom to provide electronic communications services across borders and networks in different member states , by harmonising the application of the general authorisation scheme . second , it is necessary to address the conditions and procedures for granting spectrum licenses for wireless broadband communications , as well as the use of unlicensed spectrum . third , in the interests of aligning business conditions and building the digital confidence of citizens , this regulation should address rules on the protection of end - users , especially consumers . this includes rules on non - discrimination , contractual information , termination of contracts and switching , in addition to rules on access to online content , applications and services and on traffic management which not only protect end - users but simultaneously guarantee the continued functioning of the internet ecosystem as an engine of innovation . in addition , further reforms in the field of roaming should give end - users the confidence to stay connected when they travel in the union , and should become over time a driver of convergent pricing and other conditions in the union .


### this regulation should therefore complement the existing union regulatory framework no 1211 / 2009 of the european parliament and of the council20 , regulation no 531 / 2012 of the european parliament and of the council21 and decision no 243 / 2012 / eu of the european parliament22 ) and the applicable national legislations adopted in conformity with union law , by establishing specific rights and obligations for both electronic communications providers and end - users , by making consequential amendments to the existing directives and to regulation no 531 / 2012 in order to secure greater convergence as well as some substantive changes consistent with a more competitive single market . __________________ 14 directive 2002 / 19 / ec of the european parliament and of the council of 7 march 2002 on access to , and interconnection of , electronic communications networks and associated facilities . 15 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services . 16 directive 2002 / 21 / ec of the european parliament and of the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services . 17 directive 2002 / 22 / ec of the european parliament and of the council of 7 march 2002 on universal service and users ' rights relating to electronic communications networks and services . 18 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector 19 commission directive 2002 / 77 / ec of 16 september 2002 on competition in the markets for electronic communications networks and service 20 regulation no 1211 / 2009 of the european parliament and of the council of 25 november 2009 establishing the body of european regulators for electronic communications and the office . 21 regulation no 531 / 2012 of the european parliament and of the council of 13 june 2012 on roaming on public mobile communications networks within the union 22 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme ### this regulation should therefore supplement the existing union regulatory framework no 1211 / 2009 of the european parliament and of the council20 , regulation no 531 / 2012 of the european parliament and of the council21 and decision no 243 / 2012 / eu of the european parliament22 ) and the applicable national legislations adopted in conformity with union law , by introducing certain targeted measures establishing specific rights and obligations for both electronic communications providers and end - users , by making consequential amendments to the existing directives and to regulation no 531 / 2012 in order to secure greater convergence as well as some substantive changes consistent with a more competitive single market . __________________ 14 directive 2002 / 19 / ec of the european parliament and of the council of 7 march 2002 on access to , and interconnection of , electronic communications networks and associated facilities . 15 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services . 16 directive 2002 / 21 / ec of the european parliament and of the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services . 17 directive 2002 / 22 / ec of the european parliament and of the council of 7 march 2002 on universal service and users ' rights relating to electronic communications networks and services . 18 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector 19 commission directive 2002 / 77 / ec of 16 september 2002 on competition in the markets for electronic communications networks and service 20 regulation no 1211 / 2009 of the european parliament and of the council of 25 november 2009 establishing the body of european regulators for electronic communications and the office . 21 regulation no 531 / 2012 of the european parliament and of the council of 13 june 2012 on roaming on public mobile communications networks within the union 22 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme


### it is necessary to ensure that in similar circumstances there is no discrimination in the treatment of any european electronic communications provider by different member states and that consistent regulatory practices are applied in the single market , in particular as regards measures falling within the scope of articles 15 or 16 of directive 2002 / 21 / ec , or articles 5 or 8 of directive 2002 / 19 / ec . european electronic communications providers should therefore have a right to equal treatment by the different member states in objectively equivalent situations in order to enable more integrated multi - territorial operations . furthermore , there should be specific procedures at union level for the review of draft decisions on remedies within the meaning of article 7a of directive 2002 / 21 / ec in such cases , in order to avoid unjustified divergences in obligations applicable to european electronic communications providers in different member states . ### it is necessary to ensure that in similar circumstances there is no discrimination in the treatment of any european electronic communications provider by different member states and that consistent regulatory practices are applied in the single market , in particular as regards measures falling within the scope of articles 15 or 16 of directive 2002 / 21 / ec , or articles 5 or 8 of directive 2002 / 19 / ec . european electronic communications providers should therefore have a right to equal treatment by the different member states in objectively equivalent situations in order to enable more integrated multi - territorial operations .


### it is necessary to ensure that in similar circumstances there is no discrimination in the treatment of any european electronic communications provider by different member states and that consistent regulatory practices are applied in the single market , in particular as regards measures falling within the scope of articles 15 or 16 of directive 2002 / 21 / ec , or articles 5 or 8 of directive 2002 / 19 / ec . european electronic communications providers should therefore have a right to equal treatment by the different member states in objectively equivalent situations in order to enable more integrated multi - territorial operations . furthermore , there should be specific procedures at union level for the review of draft decisions on remedies within the meaning of article 7a of directive 2002 / 21 / ec in such cases , in order to avoid unjustified divergences in obligations applicable to european electronic communications providers in different member states . ### the principle of equal treatment is a general principle of european union law enshrined in articles 20 and 21 of the charter of fundamental rights of the european union . according to settled case - law , that principle requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified . it is necessary to ensure that in similar circumstances there is no discrimination in the treatment of any electronic communications provider by different member states and that consistent regulatory practices are applied in the single market , in particular as regards measures falling within the scope of articles 15 or 16 of directive 2002 / 21 / ec , or articles 5 or 8 of directive 2002 / 19 / ec .


### electronic communications services providers , including mobile operators or consortia of such operators , should be able to collectively organise the efficient and affordable coverage of a vast part of the union ' s territory to the long - term benefit of end users , and therefore use radio spectrum across several member states with similar conditions , procedures , costs , timing , duration in harmonised bands , and with complementary radio spectrum packages , such as a combination of lower and higher frequencies for coverage of densely and less densely populated areas . initiatives in favour of greater coordination and consistency would also enhance the predictability of the network investment environment . such predictability would also be greatly favoured by a clear policy in favour of long - term duration of rights of use related to radio spectrum , without prejudice to the indefinite character of such rights in some member states , and linked in its turn to clear conditions for the transfer , lease or sharing of part of all of the radio spectrum subject to such an individual right of use . ### electronic communications services providers should be able to organise the efficient and affordable coverage of a vast part of the union ' s territory to the long - term benefit of end users , and therefore use radio spectrum across several member states with similar conditions , procedures , costs , timing , duration in harmonised bands , and with complementary radio spectrum packages , such as a combination of lower and higher frequencies for coverage of densely and less densely populated areas . initiatives in favour of greater coordination and consistency would also enhance the predictability of the network investment environment . such predictability would also be greatly favoured by a clear policy in favour of long - term duration of rights of use related to radio spectrum , without prejudice to the indefinite character of such rights in some member states , and linked in its turn to improved conditions for the transfer , lease or sharing of part of all of the radio spectrum subject to such an individual right of use .


### coordination and consistency of rights of use for radio spectrum should be improved , at least for the bands which have been harmonised for wireless fixed , nomadic and mobile broadband communications . this includes the bands identified at itu level for international mobile telecommunications advanced systems , as well as bands used for radio local area networks such as 2 . 4 ghz and 5 ghz . it should also extend to bands that may be harmonised in the future for wireless broadband communications , as envisaged in article 3 of the rspp and in the rspg opinion on ' strategic challenges facing europe in addressing the growing radio spectrum demand for wireless broadband ' adopted on 13 june 2013 , such as , in the near future , the 700 mhz , 1 . 5 ghz and 3 . 8 - 4 . 2 ghz bands . ### coordination and consistency of rights of use for radio spectrum should be improved for the bands which have been harmonised for wireless fixed , nomadic and mobile broadband communications . this includes the bands identified at itu level for international mobile telecommunications advanced systems , as well as bands used for radio local area networks such as 2 . 4 ghz and 5 ghz . it may also extend to bands harmonised in the future for wireless broadband communications in accordance with articles 8a and 9 of directive 2002 / 21 / ec .


### considering the massive growth in radio spectrum demand for wireless broadband , solutions for alternative spectrally efficient access to wireless broadband should be promoted . this includes the use of low - power wireless access systems with a small - area operating range such as so called ‘ hotspots’ of radio local area networks , as well as networks of low - power small size cellular access points . ### considering the massive growth in radio spectrum demand for wireless broadband , solutions for alternative spectrally efficient access to wireless broadband should be promoted . this includes the use of low - power wireless access systems with a small area operating range such as so called ' hotspots ' of radio local area networks , as well as networks of low - power small size cellular access points


### in a context of progressive migration to ‘ all ip networks’ , the lack of availability of connectivity products based on the ip protocol for different classes of services with assured service quality that enable communication paths across network domains and across network borders , both within and between member states , hinders the development of applications that rely on access to other networks , thus limiting technological innovation . moreover , this situation prevents the diffusion on a wider scale of efficiencies which are associated with the management and provision of ip - based networks and connectivity products with an assured service quality level , in particular enhanced security , reliability and flexibility , cost - effectiveness and faster provisioning , which benefit network operators , service providers and end users . a harmonised approach to the design and availability of these products is therefore necessary , on reasonable terms including , where requested , the possibility of cross - supply by the electronic communications undertakings concerned . ### in a context of progressive migration to ‘ all ip networks’ , the lack of availability of connectivity products based on the ip protocol for different classes of services with a defined quality of service within closed communications networks using the internet protocol with strict admission control could hinder the development of services that rely on this defined quality in order to function adequately . a harmonised approach to the design and availability of these services is therefore necessary , including safeguards to guarantee that the enhanced quality is not functionally identical or to the detriment of the performance , affordability or quality of internet access services or undermines competition , innovation or net neutrality .


### in a context of progressive migration to ‘ all ip networks’ , the lack of availability of connectivity products based on the ip protocol for different classes of services with assured service quality that enable communication paths across network domains and across network borders , both within and between member states , hinders the development of applications that rely on access to other networks , thus limiting technological innovation . moreover , this situation prevents the diffusion on a wider scale of efficiencies which are associated with the management and provision of ip - based networks and connectivity products with an assured service quality level , in particular enhanced security , reliability and flexibility , cost - effectiveness and faster provisioning , which benefit network operators , service providers and end users . a harmonised approach to the design and availability of these products is therefore necessary , on reasonable terms including , where requested , the possibility of cross - supply by the electronic communications undertakings concerned . ### in a context of progressive migration to ' all ip networks ' , the lack of availability of connectivity products based on the ip protocol for different classes of services with a defined quality of service within closed communications networks using the internet protocol with strict admission control could hinder the development of services that rely on this defined quality in order to function adequately . a harmonised approach to the design and availability of these services is therefore necessary , including safeguards to guarantee that the enhanced quality is not functionally identical or to the detriment of the performance , affordability or quality of internet access services or undermines competition , innovation or net neutrality .


### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . ### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the openness and non - discriminatory features of the internet are key drivers for innovation , economic efficiency as well as safeguards for media freedom , media pluralism and cultural diversity . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications , the risk for these practices being particular high for vertically integrated companies . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures .


### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . ### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the key driver of the unprecedented innovation and economic activity in the digital age has been the fact that all internet traffic is treated equally , without discrimination , restriction or interference , independent of its sender , receiver , type , content , device , service or application ; conform the principle of net neutrality . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . this ability is best ensured when all types of traffic are treated equally by providers of electronic communications to the public . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules to enshrine the principle of net neutrality in law at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . indeed , as stated by the european parliament resolution of 17 november 2011 on the open internet and net neutrality in europe 2011 / 2866 , the internet ' s open character ' has been a key driver of competitiveness , economic growth , social development and innovation – which has led to spectacular levels of development in online applications , content and services – and thus of growth in the offer of , and demand for , content and services , and has made it a vitally important accelerator in the free circulation of knowledge , ideas and information , including in countries where access to independent media is limited '


### volume - based tariffs should be considered compatible with the principle of an open internet as long as they allow end - users to choose the tariff corresponding to their normal data consumption based on transparent information about the conditions and implications of such choice . at the same time , such tariffs should enable providers of electronic communications to the public to better adapt network capacities to expected data volumes . it is essential that end - users are fully informed before agreeing to any data volume or speed limitations and the tariffs applicable , that they can continuously monitor their consumption and easily acquire extensions of the available data volumes if desired . ### volume - based tariffs should be considered compatible with the principle of an open internet as long as they allow end - users to choose the tariff corresponding to their normal data consumption based on transparent information about the conditions and implications of such choice . at the same time , such tariffs should enable providers of electronic communications to the public to better adapt network capacities to expected data volumes . in order to customize their offers to meet end - user demand for specific content , services or applications , providers of electronic communications may provide offers where the conveyance of data for such content , services or applications is not deducted from the customers data allowance . it is essential that end - users are fully informed before agreeing to any data volume or speed limitations and the tariffs applicable , that they can continuously monitor their consumption and easily acquire extensions of the available data volumes if desired .


### there is also end - user demand for services and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public or by content , applications or service providers . such services may comprise inter alia broadcasting via internet protocol , video - conferencing and certain health applications . end - users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . ### services and applications delivered with an enhanced level of assured service quality can be offered by providers of electronic communications to the public or by content , applications or service providers . end - users should therefore also be free to conclude agreements on the provision of such specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . where such agreements are concluded with the internet access provider , the provider should ensure that the enhanced quality service does not diminish the general quality of internet access . take - up by end - users and application and commercial service providers of specialised services should thus be on a voluntary and non - discriminatory basis .


### there is also end - user demand for services and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public or by content , applications or service providers . such services may comprise inter alia broadcasting via internet protocol , video - conferencing and certain health applications . end - users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . ### there is also end - user demand for services and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public . such services may comprise inter alia broadcasting via internet protocol , video - conferencing and certain health applications . end - users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with providers of electronic communications to the public .


### the implementing powers relating to the harmonisation and coordination of authorisation of radio spectrum , characteristics of small - area wireless access points , coordination between member states regarding allocation of radio spectrum , more detailed technical and methodological rules concerning european virtual access products and the safeguarding of internet access and of reasonable traffic management and quality of service , should be exercised in accordance with regulation no182 / 2011 of the european parliament and of the council25 . ____________________ 25 regulation no 182 / 2011 of the european parliament and of the council laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### the implementing powers relating to the harmonisation and coordination of authorisation of radio spectrum , characteristics of small - area wireless access points and coordination between member states regarding allocation of radio spectrum should be exercised in accordance with regulation no182 / 2011 of the european parliament and of the council25 . ____________________ 25 regulation no 182 / 2011 of the european parliament and of the council laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers .


### in order to ensure consistency between the objective and the measures needed to complete the single market for electronic communications pursuant to this regulation and some specific existing legislative provisions and to reflect key elements of evolving decisional practice , directive 2002 / 21 / ec , the directives 2002 / 20 / ec and 2002 / 22 / ec and regulation no 531 / 2012 should be amended . this includes making provision for directive 2002 / 21 / ec and the related directives to be read in conjunction with this regulation , the introduction of strengthened powers of the commission in order to ensure consistency of remedies imposed on european electronic communications providers having significant market power in the context of the european consultation mechanism , harmonisation of the criteria adopted in assessing the definition and competitiveness of relevant markets , the adaptation of the notification system under directive 2002 / 20 / ec in view of the single eu authorisation as well as the repeal of provisions on minimum harmonisation of end - users rights provided in directive 2002 / 22 / ec made redundant by the full harmonisation provided in this regulation . ### in order to ensure consistency between the objective and the measures needed to meet the objectives of this regulation and some specific existing legislative provisions , directive 2002 / 21 / ec , the directives 2002 / 20 / ec and 2002 / 22 / ec and regulations no 531 / 2012 and regulation no 1211 / 2009 , as well as decision no 243 / 2012 / eu , should be amended . this includes harmonisation of the criteria adopted in assessing the definition and competitiveness of relevant markets , the adaptation of the notification system under directive 2002 / 20 / ec as well as the repeal of provisions on minimum harmonisation of end - users rights provided in directive 2002 / 22 / ec made redundant by the full harmonisation provided in this regulation .


### the digital agenda for europe and regulation no 531 / 2012 establish the policy objective that the difference between roaming and domestic tariffs should approach zero . in practical terms , this requires that consumers falling into any of the broad observable categories of domestic consumption , identified by reference to a party ' s various domestic retail packages , should be in a position to confidently replicate the typical domestic consumption pattern associated with their respective domestic retail packages while periodically travelling within the union , without additional costs to those incurred in a domestic setting . such broad categories may be identified from current commercial practice by reference , for example , to the differentiation in domestic retail packages between pre - paid and post - paid customers ; gsm - only packages ; packages adapted for different volumes of consumption ; packages for business and consumer use respectively ; retail packages with prices per unit consumed and those which provide ' buckets ' of units for a standard fee , irrespective of actual consumption . the diversity of retail tariff plans and packages available to customers in domestic mobile markets across the union accommodates varying user demands associated with a competitive market . that flexibility in domestic markets should also be reflected in the intra - union roaming environment , while bearing in mind that the need of roaming providers for wholesale inputs from independent network operators in different member states may still justify the imposition of limits by reference to reasonable use if domestic tariffs are applied to such roaming consumption . ### the digital agenda for europe and regulation no 531 / 2012 establish the policy objective that the difference between roaming and domestic tariffs should approach zero . in practical terms , this requires that consumers falling into any of the broad observable categories of domestic consumption , identified by reference to a party ' s various domestic retail packages , should be in a position to confidently replicate the typical domestic consumption pattern associated with their respective domestic retail packages while periodically travelling within the union , without additional costs to those incurred in a domestic setting . such broad categories may be identified from current commercial practice by reference , for example , to the differentiation in domestic retail packages between pre - paid and post - paid customers ; gsm - only packages ; packages adapted for different volumes of consumption ; packages for business and consumer use respectively ; retail packages with prices per unit consumed and those which provide ' buckets ' of units for a standard fee , irrespective of actual consumption . the diversity of retail tariff plans and packages available to customers in domestic mobile markets across the union accommodates varying user demands associated with a competitive market . that flexibility in domestic markets should also be reflected in the intra - union roaming environment , while bearing in mind that the need of roaming providers for wholesale inputs from independent network operators in different member states may still justify the imposition of limits by reference to reasonable use if domestic tariffs are applied to such roaming consumption . this serves to prevent abuses which would have an adverse effect on national competition .


### in addition , the significant reduction in mobile termination rates throughout the union in the recent past should now allow the elimination of additional roaming charges for incoming calls . ### in order to provide clarity and legal certainty , a date should be set for the final phasing out of retail roaming surcharges which began with regulation no 717 / 2007 . in addition , the commission should , in advance of that final abolition of retail surcharges , report on any necessary changes to the wholesale rates , taking into account also termination rates throughout the union .


### directives 2002 / 20 / ec , 2002 / 21 / ec and 2002 / 22 / ec and regulations no 1211 / 2009 and no 531 / 2012 should therefore be amended accordingly . ### directives 2002 / 20 / ec , 2002 / 21 / ec and 2002 / 22 / ec and regulations no 1211 / 2009 and no 531 / 2012 , as well as decision 243 / 2012 / eu , should therefore be amended accordingly .


### the commission may always seek berec ' s opinion in accordance with regulation no 1211 / 2009 , when it considers it necessary for the implementation of the provisions of this regulation . ### the commission should seek berec ' s opinion in accordance with regulation no 1211 / 2009 , when necessary for the implementation of the provisions of this regulation .


### this regulation establishes the regulatory principles and detailed rules necessary to complete a european single market for electronic communications where : ### this regulation establishes rules necessary to :


### providers of electronic communications services and networks have the right , the ability and the incentive to develop , extend and operate their networks and to provide services irrespective of where the provider is established or its customers are situated in the union , ### providers of electronic communications services and networks have the right , the ability and the incentive to develop , extend and operate their networks cross - border on a pan european scale and to provide services irrespective of where the provider is established or its customers are situated in the union ,


### providers of electronic communications services and networks have the right , the ability and the incentive to develop , extend and operate their networks and to provide services irrespective of where the provider is established or its customers are situated in the union , ### facilitate the practical exercise of the right of providers of electronic communications services and networks to operate their networks and to provide services irrespective of where the provider is established or its customers are situated in the union through a harmonised and simplified authorisation system ,


### citizens and businesses have the right and the possibility to access competitive , secure and reliable electronic communications services , irrespective of where they are provided from in the union , without being hampered by cross - border restrictions or unjustified additional costs . ### facilitate the practical exercise of the right of citizens and businesses to access competitive , secure and reliable electronic communications services , without being hampered by cross - border restrictions or unjustified additional costs ,


### ‘ small - area wireless access point’ means a low power wireless network access equipment of small size operating within a small range , which may or may not be part of a public terrestrial mobile communications network , and be equipped with one or more low visual impact antennas , which allows wireless access by the public to electronic communications networks regardless of the underlying network topology ; ### ' small - area wireless access point ' means a low power wireless network access equipment of small size operating within a small range , using licensed spectrum or a combination of licensed and license - exempt spectrum , which may or may not be part of a public terrestrial mobile communications network , and be equipped with one or more low visual impact antennas , which allows wireless access by the public to electronic communications networks regardless of the underlying network topology ;


### ‘ radio local area network’ means a low power wireless access system , operating within a small range , with a low risk of interference to other such systems deployed in close proximity by other users , using on a non - exclusive basis spectrum for which the conditions of availability and efficient use for this purpose are harmonised at union level ; ### ' radio local area network ' means a low power wireless access system , operating within a small range , with a low risk of interference to other such systems deployed in close proximity by other users , using on a license - exempt basis spectrum for which the conditions of availability and efficient use for this purpose are harmonised at union level , without prejudice to the license - exempt regime which includes no regulatory protection rights , nor rights to cause harmful interferences to licensed radio systems in band or in adjacent bands .


### ‘ internet access service’ means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used ; ### ' open internet access service ' means a publicly available electronic communications service that provides connectivity to the internet at a level of quality that reflects the advances in technology , and thereby allows for connectivity between all end points connected to the internet , irrespective of the network technology used and without any restrictions to the legal content exchanged . it enables end - users to run any application utilising the electronic communication function of the internet . unrestricted internet access service is based on the best efforts principle , the only exceptions allowed are proportionate technical traffic management measures or implementation of court order ;


### the national competent authorities shall apply the least onerous authorisation system possible for allowing the use of radio spectrum , on the basis of objective , transparent , non - discriminatory and proportionate criteria , in such a way as to maximise flexibility and efficiency in radio spectrum use and to promote comparable conditions throughout the union for integrated multi - territorial investments and operations by european electronic communications providers . ### the national competent authorities shall apply a transparent process and apply the least onerous authorisation system possible offering all actors equal access conditions to the use of radio spectrum , on the basis of objective , transparent , non - discriminatory and proportionate criteria , in such a way as to maximise flexibility and efficiency in radio spectrum use and to promote comparable conditions throughout the union for integrated multi - territorial investments and operations by european electronic communications providers


### when establishing authorisation conditions and procedures for the use of radio spectrum , national competent authorities shall have regard in particular to equal treatment between existing and potential operators and between european electronic communications providers and other undertakings . ### when establishing authorisation conditions and procedures for the use of radio spectrum , national competent authorities shall have regard in particular to equal treatment between existing and potential operators .


### ensuring predictable and comparable conditions to enable the planning of network investments and services on a multi - territorial basis and the achievement of scale economies ; ### ensuring predictable and comparable conditions to enable long - term , sustainable network investments and services on a multi - territorial basis and the achievement of scale economies ;


### ensuring the necessity and proportionality of the conditions imposed , including through an objective assessment of whether it is justified to impose additional conditions which could be in favour of or to the detriment of certain operators ; ### ensuring the necessity and proportionality of the conditions imposed , including through a transparent , objective assessment of whether it is justified to impose additional conditions which could be in favour of or to the detriment of certain operators ;


### the most efficient use of the radio spectrum in accordance with article 9 , taking into account the characteristics of the band or bands concerned ; ### the most efficient use of the radio spectrum in accordance with article 9 , taking into account the characteristics and current and planned use of the band or bands concerned ;


### national competent authorities shall ensure that the fees for rights of use for radio spectrum , if any : ### national competent authorities shall ensure that the fees for rights of use for radio spectrum of all types , if any


### appropriately reflect the social and economic value of the radio spectrum , including beneficial externalities ; ### appropriately reflect the social , cultural and economic value of the radio spectrum , including beneficial externalities , and do not exceed market value ;


### national competent authorities shall establish timetables for the granting or reassignment of rights of use , or for the renewal of those rights under the terms of existing rights , which shall apply to radio spectrum harmonised for wireless broadband communications . ### taking full account of directive 2002 / 21 / ec , in particular articles 7 , 8 , 8a , 9 and 9a thereof , decision no 676 / 2002 / eu and decision no 243 / 2012 / eu , in particular articles 2 , 3 , 5 and 6 thereof , national competent authorities shall establish timetables for the granting or reassignment of rights of use , or for the renewal of those rights under the terms of existing rights .