### a european electronic communications provider has the right to provide electronic communications networks and services in the whole union and to exercise the rights linked to the provision of such networks and services in each member state where it operates pursuant to a single eu authorisation which is subject only to the notification requirements provided in article 4 . ### any electronic communications provider has the right to provide electronic communications networks and services in the whole union and to exercise the rights linked to the provision of such networks and services in each member state where it operates .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public must not delete , block , slow down , degrade or give preferential treatment to specific content , applications or services or specific classes thereof except for a number of reasonable traffic management measures that are clearly defined in this regulation and individually justified . traffic management measures must be transparent , necessary and proportionate . they should only be considered proportionate where equivalent types of traffic are treated equally . any discrimination against specific content , applications or services as regards price or any discriminatory conditions regarding speed and data volumes should be prohibited .


### the commission shall submit reports on the evaluation and review of this regulation to the european parliament and the council at regular intervals . the first report shall be submitted no later than 1 july 2018 . subsequent reports shall be submitted every four years thereafter . the commission shall , if necessary , submit appropriate proposals with a view to amending this regulation , and aligning other legal instruments , taking account in particular of developments in information technology and of the state of progress in the information society . the reports shall be made public . ### the commission shall perform a comprehensive evaluation and review of the entire regulatory framework for electronic communications , and shall submit a report with appropriate proposals to the european parliament and the council by 30 june 2016 in order to allow sufficient time for the legislator to analyse and debate the proposals properly . the review shall be based on a full public consultation as well as on ex - post assessments of the impact of the regulatory framework since 2009 and a thorough ex - ante assessment of the expected impact of the options emanating from the review . the review shall include : the universal service obligation , including the obligation to offer broadband internet access at a fair price ; the competence of national regulatory authorities for all issues , including spectrum , that are addressed by the framework ; the powers granted to the national regulatory authorities in the member states and the scope of the requirement of independence of national regulatory authorities ; cooperation between the national regulatory authorities and national competition authorities ; the symmetric obligations relating to network access ; the rules on leverage effects and joint dominance ; the market review processes ; the impact of services that are fully substitutable to those provided by traditional providers ; including whether clarifications are needed regarding the reach of the regulatory framework’s technological neutrality and regarding the dichotomy between services in the ‘ information society’ bracket and those in the ‘ electronic communications’ bracket ; the necessity of abolishing redundant regulation ; the lifting of regulation where a market analysis has shown the market concerned to be truly competitive ; the experience with non - discrimination obligations and remedies ; the effectiveness and functioning of the procedures established in articles 7 and 7a of directive 2002 / 21 / ec ; the effectiveness and functioning of the procedure established in article 19 of directive 2002 / 21 / ec ; pan - european services and operators , taking into account the possibility for the commision to identify transnational markets under article 15 of directive 2002 / 21 / ec ; identification of transnational markets , initially at least with respect to business services ; enabling providers to notify berec of their intention to serve such markets , and supervision of providers serving such markets by berec ; a single union authorisation and the supervisory structure for the framework as a whole ; active and passive inputs , including assured service quality products ; the recommendation on relevant markets ; the regulation of equipment , including bundling of equipment and operating systems ; the impact of the internet having become a crucial infrastructure for conducting a wide array of economic and social activities ; the main goals of the review shall include : ensuring that fully substitutable services are subject to the same rules , taking into consideration the definition of electronic communications services in article 2 of directive 2002 / 21 / ec ; ensuring that consumers have access to comprehensive and comprehensible information on internet connection speeds , in order to enable them to compare the services offered by different operators ; ensuring that users of digital services are able to control their digital life and data by removing obstacles to switching operating systems without losing their applications and data ; further promoting effective and sustainable competition ; providing a stable and sustainable framework for investment ; ensuring a harmonised , consistent and effective application ; facilitating the development of pan - european providers and the provision of cross - border business services ; ensuring that the regulatory framework is adequate for the digital age and delivers an internet ecosystem that supports the entire economy , and increasing user confidence in the internal market for electronic communications , including through measures to implement the future regulatory framework for the protection of personal data and measures to increase the security of electronic communications in the internal market .


### freedom to provide and avail of open internet access , and reasonable traffic management ### open internet access , specialised services and reasonable , justified data traffic management


### in a seamless single market in electronic communications , the freedom to provide electronic communications networks and services to every customer in the union and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders . the current regulatory framework for electronic communications does not fully address such fragmentation , with national , rather than union - wide general authorisation regimes , national spectrum assignment schemes , differences of access products available for electronic communications providers in different member states , and different sets of sector - specific consumer rules applicable . the union rules in many cases merely define a baseline , and are often implemented in diverging ways by the member states . ### in a seamless single market in electronic communications , the opportunity for each individual to access electronic communications networks and services in the union , the freedom to provide these and the right of each end - user to choose the best offer available on the market must be ensured by fair competition and must not be hindered by the fragmentation of markets along national borders .


### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , 23 testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 23 decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . several eu member states have fallen behind other global regions , such as north america and parts of asia , in terms of the roll - out and penetration of the latest generation of wireless broadband technologies , thereby holding the union back from achieving such strategic goals . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 23decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 . 24decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : implement a legislative provision or a court order , or prevent or impede serious crimes ; b ) preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals ; c ) prevent the transmission of unsolicited communications to end - users who have given their prior consent to such restrictive measures ; d ) minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph . ### providers of internet access services shall specifically not restrict the provisions of paragraph 1 by : - deleting , blocking , slowing down , degrading or discriminating against specific content , applications , services or terminal devices , or specific classes thereof , - prioritising specific content , applications , services or terminal devices , or specific classes thereof , or - concluding special pricing agreements with the end - user which make accessing particular content , applications , services or terminal devices or specific classes thereof seem less economically attractive , except in cases where it is necessary to apply justified and reasonable data traffic management measures . data traffic management measures shall be regarded as justified and reasonable where they : - preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals , or - minimise the effects of proven temporary and exceptional network congestion and manage traffic in the event of such acute network congestion , provided that all content , applications and services are treated in accordance with the best effort principle . they must not be maintained any longer than is strictly necessary . data traffic management measures shall be transparent , non - discriminatory , proportionate , necessary , and subject to clear , comprehensible and accessible redress mechanisms .


### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services . ### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise the right to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . to that purpose , the competent national regulatory authority shall : be mandated to regularly monitor and report on internet traffic management practices and usage polices , in order to ensure network neutrality , evaluate the potential impact of the aforementioned practices and policies on fundamental rights , ensure the provision of a sufficient quality of service and the allocation of a satisfactory level of network capacity to the internet . reporting should be done in an open and transparent fashion and reports shall be made freely available to the public ; put in place appropriate , clear , open and efficient procedures aimed at addressing network neutrality complaints . to this end , all internet users shall be entitled to make use of such complaint procedures in front of the relevant authority ; respond to the complaints within a reasonable time and be able to use necessary measures in order to sanction the breach of the network neutrality principle . this authority must have the necessary resources to undertake the aforementioned duties in a timely and effective manner . they shall , in cooperation with other competent national authorities and the european data protection supervisor , also monitor the effects of specialised services on cultural diversity , competition and innovation . national regulatory authorities shall report on an annual basis to the public , the commission and berec on their monitoring and findings .


### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access or use specific content , applications or services , or a combination thereof , in order to ensure adequate characteristics from end - to - end . a specialised service is operated within closed electronic communications networks and thus clearly separated from internet access services and is not marketed or used as a substitute for internet access service ;


### ' specialised service ' means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ʻspecialised serviceʼ means an electronic communications service or any other service that is provided and operated only within closed electronic communications networks and is not marketed or used as an internet substitute or functionally identical to the content , applications or services of the open internet . a specialised service shall be admissible only where there is a manifest technical and factual need , over and above economic self - interest , for particular real - time critical applications meeting certain quality criteria . it is characterised by clearly - defined , guaranteed and customised quality - of - service parameters which are subject to continuous end - to - end management up to the ‘ last mile’ by the specialised service provider . a specialised service may not be limited to an endpoint controlled by the service provider .


### 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 . ### citizens and businesses have the right and the possibility to access competitive , secure and reliable electronic communications services , with common rules to guarantee high standards of protection , privacy and security of their personal data , irrespective of where they are provided from in the union , without being hampered by cross - border restrictions or unjustified additional costs .


### define the date of expiry of any existing rights of use of harmonised bands other than for wireless broadband communications , or , in the case of rights of indefinite duration , the date by which the right of use shall be amended , in order to allow the provision of wireless broadband communications . ### the date of expiry of any existing rights of use of harmonised bands other than for wireless broadband communications , or , in the case of rights of indefinite duration , the date by which the right of use shall be amended , in order to allow the provision of wireless broadband communications .


### this section shall apply to harmonised radio spectrum for wireless broadband communications . ### this section shall apply to harmonised radio spectrum within the meaning of directives 2009 / 140 / ec and 676 / 2002 / ec for wireless broadband communications , subject to the provisions of articles 8a and 9 of directive 2002 / 21 / ec .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . to that purpose , the competent national regulatory authority shall : be mandated to regularly monitor and report on internet traffic management practices and usage polices , in order to ensure network neutrality , evaluate the potential impact of the aforementioned practices and policies on fundamental rights , ensure the provision of a sufficient quality of service and the allocation of a satisfactory level of network capacity to the internet . reporting should be done in an open and transparent fashion and reports shall be made freely available to the public ; put in place appropriate , clear , open and efficient procedures aimed at addressing network neutrality complaints . to this end , all internet users shall be entitled to make use of such complaint procedures in front of the relevant authority ; respond to the complaints within a reasonable time and be able to use necessary measures in order to sanction the breach of the network neutrality principle . this authority must have the necessary resources to undertake the aforementioned duties in a timely and effective manner . they shall , in cooperation with other competent national authorities and the european data protection supervisor , also monitor the effects of specialised services on cultural diversity , competition and innovation . national regulatory authorities shall report on an annual basis to the public , the commission and berec on their monitoring and findings .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public could be used for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such quality characteristics are technically necessary for the functionality of the service and agreements do not impair the quality of internet access services .


### the application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll - out of union - wide services and the completion of the internal market for wireless broadband communications . it could in particular create unequal conditions for access to such services , hamper competition between undertakings established in different member states and stifle investments in more advanced networks and technologies and the emergence of innovative services , thereby depriving citizens and businesses of ubiquitous integrated high - quality services and wireless broadband operators of increased efficiency gains from large - scale more integrated operations . therefore , action at union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the union . at the same time , member states should retain the right to adopt measures to organise their radio spectrum for public order , public security purposes and defence . ### radio spectrum serves the public interest in a wide range of areas in the member states . in that connection , due account has to be taken of a host of specific national and regional characteristics . member states should therefore also retain the right to adopt measures to organise their radio spectrum which are required to carry out specific cultural and social tasks . alongside terrestrial broadcasting and the cultural and creative sectors , this also includes public order , public security and defence purposes . in the event of disputes between member states regarding the use of spectrum , the commission plays a supplementary coordinating role in support of the member states .


### 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 '


### this section shall be without prejudice to the right of the member states to benefit from fees imposed to ensure the optimal use of radio spectrum resources in accordance with article 13 of directive 2002 / 20 / ec and to organise and use their radio spectrum for public order , public security and defence . ### this section shall be without prejudice to the right of the member states to benefit from fees imposed to ensure the optimal use of radio spectrum resources in accordance with article 13 of directive 2002 / 20 / ec and to organise and use their radio spectrum for public order , public security , defence and general interest purposes , such as promoting cultural and linguistic diversity and media diversity , e . g . by providing radio and tv programmes .


### the freedom of end - users to access and distribute information and lawful content , run applications and use services of their choice is subject to the respect of union and compatible national law . this regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other union legislation , including copyright rules and directive 2000 / 31 / ec . ### the right of end - users to access and distribute information and content , run applications and use services of their choice is subject to the respect of union and compatible national law .


### minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . ### mitigate the effects of temporary or exceptional network congestion , primarily by means of application - agnostic measures or , when these measures do not prove efficient , by means of application - specific measures , provided that equivalent types of traffic are treated equally .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the rights provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of open internet access services , within the meaning of article&#160 ; 2 , that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on freedom of opinion and information , linguistic and cultural diversity , media freedom and diversity , and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .


### as regards the other main substantive conditions which may be attached to rights of use of radio spectrum for wireless broadband , the convergent application by individual member states of the regulatory principles and criteria set down in this regulation would be favoured by a coordination mechanism whereby the commission and the competent authorities of the other member states have an opportunity to comment in advance of the granting of rights of use by a given member state and whereby the commission has an opportunity , taking into account the views of the member states , to forestall implementation of any proposal which appears to be non - compliant with union law . ### the convergent application by individual member states of the regulatory principles and criteria set down in the union regulatory framework would be favoured by a coordination mechanism whereby the commission and the competent authorities of the other member states have an opportunity to comment in advance of the granting of rights of use by a given member state and whereby the commission has an opportunity , taking into account the views of the member states , to forestall implementation of any proposal which appears to be non - compliant with union law .


### 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 not be prevented . this currently 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 .


### the duration of the rights of use ; ### the duration of the rights of use , which is no less than 20 years , and in any case which is appropriate to incentivise investment and competition , and discourage the under - use or ‘ hoarding’ of spectrum .


### the technical characteristics of different available radio spectrum bands , ### the technical characteristics and the current and planned use of different available radio spectrum bands ;


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers have the opportunity to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this is expected to play an important role in the development of new services such as machine - to - machine communications . special services must neither impair open internet access service quality nor be marketed or used as an internet substitute . they are admissible only if there is a manifest technical and de facto need , over and above economic self - interest , to be able to supply real - time critical applications of a particular quality . if special services are offered or marketed by access network providers , they are also under the obligation to provide an open internet access service as referred to in recital . all open internet services are subject to the best - effort principle .


### the national competent authorities for radio spectrum shall contribute to the development of a wireless space where investment and competitive conditions for high - speed wireless broadband communications converge and which enables planning and provision of integrated multi - territorial networks and services and economies of scale , thereby fostering innovation , economic growth and the long - term benefit of end users . ### without prejudice to the protection of the common interest in accordance with article 9 of directive 2002 / 21 / ec , the national competent authorities for radio spectrum shall contribute to the development of a wireless space where investment and competitive conditions for high - speed wireless broadband communications converge and which enables planning and provision of integrated multi - territorial networks and services and economies of scale , thereby fostering innovation , economic growth and the long - term benefit of end users . due account shall be taken of the possibility of establishing multi - functional networks that combine broadcasting and mobile telephone technology on a single platform .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers have the opportunity to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this is expected to play an important role in the development of new services such as machine - to - machine communications . specialised services must not impair the quality of open internet access services nor be marketed as a substitute for the internet or used as such . they are permissible only if there is a demonstrable technical and specific need for them , beyond economic self - interest , as a means of providing real - time - critical applications , or applications at a particular level of quality . if specialised services are offered or marketed by access network providers , the latter have an obligation to also offer an open internet access service within the meaning of recital 45 . all open internet services are subject to the best - effort principle .


### ' 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 , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used ; the member states shall lay down appropriate minimum requirements for the quality of open internet access services , which shall be constantly upgraded in line with technological developments ; an open internet access service enables end - users to run any internet - based application in accordance with the best effort principle ; the only permissible derogation from this principle is proportionate , justified data traffic management , in cases where the conditions for its use are clearly defined ;


### ‘ harmonised radio spectrum for wireless broadband communications’ means radio spectrum for which the conditions of availability and efficient use are harmonised at union level , in particular pursuant to decision 676 / 2002 / ec of the european parliament and the council , 27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### ' harmonised radio spectrum for wireless broadband communications ' means radio spectrum for which the conditions of availability , efficiency and primary use are harmonised at union level in accordance with directive 2002 / 21 / ec , and with decision 676 / 2002 / ec of the european parliament and the council , 27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### implement a legislative provision or a court order , or prevent or impede serious crimes ; ### implement a legislative provision or a court order ;


### 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 encouraged and not be prevented . this currently 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 . dynamic spectrum access , including on a licence - exempt basis and other innovative technologies and uses of spectrum should be encouraged and made possible .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the provisions of article 23 and and the continued availability of open internet access services in accordance with article 2 at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also ensure that the effects of specialised services do not impair freedom of opinion and information , linguistic and cultural diversity , media freedom and diversity and innovation . national regulatory authorities shall also closely monitor and ensure the application of reasonable traffic management measures in compliance with article 23 and the principle of net neutrality , taking the utmost account of the berec guidelines specified in paragraph 2 of this article and in article 21 of directive 2002 / 22 / ec . reasonable traffic management measures shall be subject to periodic review to reflect advances in technology . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .


### 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 .


### minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . ### minimise the effects of temporary and exceptional network congestion provided that , in so doing , all content , applications and services are treated in accordance with the best - effort principle .


### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council23 testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . 23 decision no 243 / 2012 / eu of the european parliament and the council of 14 march 2012 establishing a multiannual radio spectrum policy programme . 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### radio spectrum is a public good and an extremely scarce resource . it is vital for the achievement of a wide range of societal , cultural , social and economic objectives . the 2009 telecoms review specified that the commission must take equal and appropriate account of all these aspects in the context of spectrum management . the requirements set out in the telecoms package thus form the basis for any radio spectrum policy in the european union . for that reason , it is also vital that future radio spectrum policy should be consistent with that legal framework and with the principles laid down therein .


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . ### open internet access shall be fully guaranteed in accordance with article&#160 ; 2 , so as to enable end - users to access and distribute any information and content they choose , run applications and use services and terminal devices of their choice via their open internet access service , irrespective of the source or destination of such information , content , applications or services . access network operators shall be subject to a general forwarding obligation in accordance with the best - effort principle .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23&#160 ; and , compliance with article 23&#160 ; and article 2 , and the continued availability of non - discriminatory internet access services in accordance with the principle of net neutrality and at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities and data protection authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission berec and the public on their monitoring and findings . this monitoring shall comply with the principle of confidentiality of communications and shall not imply processing of personal data .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public must not delete , block , slow down , degrade or give preferential treatment to specific content , applications or services or specific classes thereof except for a number of reasonable traffic management measures that are clearly defined in this regulation and individually justified . traffic management measures must be transparent , necessary and proportionate . they should only be considered proportionate where equivalent types of traffic are treated equally . any discrimination against specific content , applications or services as regards price or any discriminatory conditions regarding speed and data volumes should be prohibited .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the rights provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of open internet access services , within the meaning of article&#160 ; 2 , that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on freedom of opinion and information , linguistic and cultural diversity , media freedom and diversity , and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services and the general characteristics of the service , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be relevant , efficient , transparent , proportionate and non - discriminatory , and in accordance with existing laws including , inter alia , privacy and data protection . preserving the integrity and security of the network and minimising the effects of network congestion through traffic management measures should be considered reasonable provided that it occurs only temporarily or in exceptional circumstances and provided that equivalent types of traffic are treated equally .


### 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 of the band or bands concerned and their current and planned use ;


### 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 optimisations in order to ensure adequate service characteristics 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 optimised quality of service with either providers of electronic communications to the public or providers of content , applications or services . where such agreements are implemented alongside internet access services , the responsible providers should ensure that the optimised quality service does not impair the general quality of internet access .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers have the opportunity to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this is expected to play an important role in the development of new services such as machine - to - machine communications . specialised services must not impair the quality of open internet access services nor be marketed as a substitute for the internet or used as such . they are permissible only if there is a demonstrable technical and specific need for them , beyond economic self - interest , as a means of providing real - time - critical applications , or applications at a particular level of quality . if specialised services are offered or marketed by access network providers , the latter have an obligation to also offer an open internet access service within the meaning of recital 45 . all open internet services are subject to the best - effort principle .


### 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 and between european electronic communications providers and other undertakings . they shall also have regard to collective use of spectrum as well as shared and unlicensed use of spectrum .


### ‘ harmonised radio spectrum for wireless broadband communications’ means radio spectrum for which the conditions of availability and efficient use are harmonised at union level , in particular pursuant to decision 676 / 2002 / ec of the european parliament and the council , 27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### ' harmonised radio spectrum for wireless broadband communications ' means radio spectrum for which the conditions of availability , efficiency and primary use are harmonised at union level in accordance with directive 2002 / 21 / ec , and with decision 676 / 2002 / ec of the european parliament and the council , 27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . to that purpose , the competent national regulatory authority shall : be mandated to regularly monitor and report on internet traffic management practices and usage polices , in order to ensure network neutrality , evaluate the potential impact of the aforementioned practices and policies on fundamental rights , ensure the provision of a sufficient quality of service and the allocation of a satisfactory level of network capacity to the internet . reporting should be done in an open and transparent fashion and reports shall be made freely available to the public ; put in place appropriate , clear , open and efficient procedures aimed at addressing network neutrality complaints . to this end , all internet users shall be entitled to make use of such complaint procedures in front of the relevant authority ; respond to the complaints within a reasonable time and be able to use necessary measures in order to sanction the breach of the network neutrality principle . this authority must have the necessary resources to undertake the aforementioned duties in a timely and effective manner . they shall , in cooperation with other competent national authorities and the european data protection supervisor , also monitor the effects of specialised services on cultural diversity , competition and innovation . national regulatory authorities shall report on an annual basis to the public , the commission and berec on their monitoring and findings .


### the freedom of end - users to access and distribute information and lawful content , run applications and use services of their choice is subject to the respect of union and compatible national law . this regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other union legislation , including copyright rules and directive 2000 / 31 / ec . ### the right of end - users to access and distribute information and content , run applications and use services of their choice is subject to the respect of union and compatible national law .


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . end - users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and , in accordance with any such agreements relative to data volumes , to avail of any offers by providers of internet content , applications and services . ### open internet access shall be fully guaranteed in accordance with article 2 , so as to enable end - users to access and distribute any information and content they choose , run applications and use services and terminal devices of their choice via their open internet access service , irrespective of the source or destination of such information , content , applications or services . access network managers shall be subject to a general forwarding obligation in accordance with the best effort principle . internet access service providers shall not restrict or prevent the use by end - users of any terminal equipment to access and distribute information and content via their internet access service . this is without prejudice to the rights of member states to grant individual rights of use under article 5 of directive 2002 / 20 / ec . end - users shall be free , with due regard to the principle of net neutrality , to enter into agreements on data volumes and speeds with providers of internet access services . providers of internet access services shall advertise with the minimum guaranteed data volume and speed they can provide for , not the maximum speed . under agreements concerning data volumes and speeds , selected content , services or applications may not be deducted from consumption volumes or exempted from ‘ throttling’ when the agreed data volume limit is reached .


### articles 20 , 21 , 22 and 30 are deleted . ### article 22 is deleted .


### the commission should adopt by delegated act a common strategic framework which translates the objectives of the union into key actions for the csf funds , in order to provide clearer strategic direction to the programming process at the level of member states and regions . the common strategic framework should facilitate sectoral and territorial coordination of union intervention under the csf funds and with other relevant union policies and instruments ### the common strategic framework in annex x of this regulation translates the objectives of the union into key actions for the csf funds , in order to provide clearer strategic direction to the programming process at the level of member states and regions . the common strategic framework should facilitate sectoral and territorial coordination of union intervention under the csf funds and with other relevant union policies and instruments


### establishing a closer link between cohesion policy and the economic governance of the union will ensure that the effectiveness of expenditure under the csf funds is underpinned by sound economic policies and that the csf funds can , if necessary , be redirected to addressing the economic problems a country is facing . this process has to be gradual , starting with amendments to the partnership contract and to the programmes in support of council recommendations to address macroeconomic imbalances and social and economic difficulties . where , despite the enhanced use of csf funds , a member state fails to take effective action in the context of the economic governance process , the commission should have the right to suspend all or part of the payments and commitments . decisions on suspensions should be proportionate and effective , taking into account the impact of the individual programmes for addressing the economic and social situation in the relevant member state and previous amendments to the partnership contract . when deciding on suspensions , the commission should also respect equality of treatment between member states , taking into account in particular the impact of the suspension on the economy of the member state concerned . the suspensions should be lifted and funds be made available again to the member state concerned as soon as the member state takes the necessary action . ### establishing a closer link between cohesion policy and the economic governance of the union will ensure that the effectiveness of expenditure under the csf funds is underpinned by sound economic policies and that the csf funds can , if necessary , be redirected to addressing the economic problems a country is facing . this process has to be gradual , starting with amendments to the partnership contract and to the programmes in support of council recommendations to address macroeconomic imbalances and social and economic difficulties .


### the commission shall be empowered to adopt a delegated act in accordance with article 142 on the common strategic framework within 3 months of the adoption of this regulation . ### the common strategic framework is annexed to this regulation .


### the power to adapt delegated acts referred to in the second subparagraph of article 8 , article 11 , the third subparagraph of article 13 and article 13 , shall be conferred on the commission for an indeterminate period from [ the date of entry into force of this regulation ] . ### the power to adapt delegated acts referred to in the second subparagraph of article 8 , article 11 , the third subparagraph of article 13 and article 13 , shall be conferred on the commission for a period of five years from [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### by 31 december 2014 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new passenger cars for the period beyond 2020 . ### by 31 december 2014 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new passenger cars for the period beyond 2020 , with the aim of reaching , by the year 2025 , a target within a range of 65 g co2 / km to 75 g co2 / km , unless a lower target is duly justified in the light of the use of low - emission technologies and their uptake by the market . on the basis of this review , which shall include an overall assessment of the impact on the car industry and its dependent industries , the commission shall , if appropriate , make a proposal to amend this regulation in a way which is cost - effective and as neutral as possible from the point of view of competition and ensures the achievement of the union ' s long term objectives in combating climate change .


### a = 0 , 0333 . ### a = 0 , 0296


### from 2020 : specific emissions of co2 = 95 + a × where : m = mass of vehicle in kilograms m0 = the value adopted pursuant to article 13 a = 0 , 0333 . ### ' from 2020 : one of the following formulae should be used : specific emissions of co2 = 95 + a &#215 ; where : m = mass of vehicle in kilograms m0 = the value adopted pursuant to article 13 a = 0 , 0333 . ii ) specific emissions of co2 = 95 + b × where : f = footprint of vehicle in square metres f0 = the value adopted pursuant to article 13 b = 17 , 6 '


### ' article 5a super - credits for 95 g co2 / km target in calculating the average specific emissions of co2 , each new passenger car with specific emissions of co2 of less than 35 g co2 / km shall be counted as 1 . 3 passenger cars in the period from 2020 to 2023 and as 1 passenger car from 2024 onwards . 2 . the maximum number of new passenger cars to be taken into account in the application of the multipliers set out in paragraph 1 for the period 2020 to 2023 shall not exceed a cumulative total of 20 000 new registrations of passenger cars per manufacturer . ' ### ' article 5a ultra - low carbon vehicles from 2020 onwards : the average specific emissions target of co2 of each manufacturer who is responsible for the registration in the union market of more than 5% of new passenger cars with specific emissions of less than 50 g co2 / km shall be increased by 2 g co2 / km ; the average specific emissions target of co2 of each manufacturer who is responsible for the registration in the union market of less than 4% of new passenger cars with specific emissions of co2 of less than 50 g co2 / km shall be reduced by 1 g co2 / km ; the average specific emissions target of co2 of manufacturers who are responsible for the registration in the union market of 4% to 5% of new passenger cars with specific emissions of co2 of less than 50 g co2 / km shall not be affected . 2 . from 2020 and each subsequent calendar year , the commission shall , on the basis of the information provided by member states in accordance with article 8 , calculate to what extent the credits and debits obtained under the provisions of this article affect the level of the target set out in article 1 . '


### by 31 december 2014 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new passenger cars for the period beyond 2020 . ### by 31 december 2014 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation and shall submit a legislative proposal to the european parliament and the council on : - the co2 emission targets for new passenger cars for the period beyond 2020 ; - consideration of a uniform target for all vehicle manufacturers , dispensing with any utility criterion ; - possibly , consideration of a modulated target based on the utility criterion , footprint and the latest available data for the european motor vehicle fleet ; - consideration of an ongoing , gradual reduction , on a multiannual basis , of co2 emission targets for the period beyond 2020 , possibly including an emissions banking scheme ; - the arrangements for the introduction of the new test cycle more representative of actual european traffic conditions in a comprehensive manner appropriate to regulation no 715 / 2007 , regulation no 443 / 2009 and the joint revision of directive 1999 / 94 / ec relating to the availability of consumer information on fuel economy and co2 emissions in respect of the marketing of new passenger cars .


### the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in order to supplement the rules on derogations from the specific emissions targets , to amend data requirements for the purpose of monitoring of co2 emissions and to adjust the formulae for calculating the specific co2 emissions in annex i to changes in the vehicle mass value and the regulatory test procedure for the measurement of specific co2 emissions referred to in regulation no 715 / 2007 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in order to supplement the rules on derogations from the specific emissions targets , to amend data requirements for the purpose of monitoring of co2 emissions and to adjust the formulae for calculating the specific co2 emissions in annex i to changes in the vehicle mass and footprint value and the regulatory test procedure for the measurement of specific co2 emissions referred to in regulation no 715 / 2007 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### entities governed by the law of a member state whose transferable securities are admitted to trading on a regulated market of any member state within the meaning of point 14 of article 4 of directive 2004 / 39 / ec ; ### entities governed by the law of a member state whose transferable securities are admitted to trading on a regulated market of any member state within the meaning of point 14 of article 4 of directive 2004 / 39 / ec other than : insurance undertakings within the meaning of article 13 and of directive 2009 / 138 / ec of the european parliament and of the council ; ii ) union alternative investment funds as defined in article 4 of directive 2011 / 61 / ec of the european parliament and of the council .


### in article 77 , paragraph 6 is deleted . ### article 77 is amended as follows : paragraph 6 is deleted .


### in article 77 , paragraph 6 is deleted . ### article 77 is amended as follows : in paragraph 2 , the introductory part is amended as follows : ' 2 . by way of derogation from article 53 , from the second sentence of article 53 and from the ceilings set out in annex iii , interim payments and payments of the final balance shall be increased by an amount corresponding to 10 percentage points above the co - financing rate applicable to each priority axis , but not exceeding 100 % , to be applied to the amount of eligible expenditure newly declared in each certified statement of expenditure submitted after the date on [ . . . ] which a member state meets one of the following conditions and until the end of the programming period : ' paragraph 6 is deleted .


### agreements providing for investment protection typically include an investor - to - state dispute settlement mechanism , which allows an investor from a third country to bring a claim against a state in which it has made an investment . investor - to - state dispute settlement can result in awards for monetary compensation . furthermore , significant costs for administering the arbitration as well as costs relating to the defence of a case will inevitably be incurred in any such case . ### in the cases where it is justifiable , future investment protection agreements concluded by the union can include an investor - to - state dispute settlement mechanism , which allows an investor from a third country to bring a claim against a state in which it has made an investment . investor - to - state dispute settlement can result in awards for monetary compensation . furthermore , significant costs for administering the arbitration as well as costs relating to the defence of a case will inevitably be incurred in any such case .


### by … [ 5 years after the date of application of this regulation ] , the commission shall present to the european parliament , the council and the economic and social committee a detailed report reviewing the operation of this regulation , and taking account of , amongst others , the need to extend the scope in relation to business - to - business contracts , market and technological developments in respect of digital content and future developments of the union acquis . ### by … [ 5 years after the date of application of this regulation ] , the commission shall present to the european parliament , the council and the economic and social committee a detailed report reviewing the operation of this regulation , and taking account of , amongst others , the need to extend the scope in relation to business - to - business contracts , market and technological developments in respect of digital content and future developments of the union acquis . the review shall , in particular , assess whether the application of the common european sales law has helped to increase consumer confidence in cross - border trade and to reduce transaction costs . it shall also evaluate the impact on vulnerable consumers , and shall assess the extent to which the exceptions from the scope of the common european sales law have undermined the expected results . furthermore , in order to maintain the high level of consumer protection under the common european sales law , the report shall take due account of any changes made in the interim to directive 2011 / 83 / eu of the european parliament and of the council of 25 october 2011 on consumer rights1 . __________________ 1 oj l 304 , 22 . 11 . 2011 , p . 64 .


### knowledge of animal health , including of disease symptoms , consequences of diseases and possible means of prevention including biosecurity , treatment and control is a prerequisite for efficient animal health management and essential in ensuring the early detection of animal diseases . operators and other animal professionals should therefore acquire such knowledge as appropriate . that knowledge may be acquired by different means , for example formal education , but also through the farm advisory system existing in the agricultural sector or by informal training to which national and european farmer organisations and other organisations may be valuable contributors . those alternative means of acquiring such knowledge should also be recognised by this regulation . ### knowledge of animal health is a prerequisite for efficient animal health management and essential in ensuring the prevention and early detection of animal diseases . operators and other animal professionals should therefore acquire knowledge as appropriate , including of disease symptoms , consequences of diseases , possible means of prevention including biosecurity , treatment and control , the dangers posed by anti - microbial resistance and the link between animal health and animal welfare and animal husbandry practices . that knowledge may be acquired by different means , for example formal education , but also through the farm advisory system existing in the agricultural sector or by informal training to which national and european farmer organisations and other organisations may be valuable contributors . those alternative means of acquiring such knowledge should also be recognised by this regulation .


### for transmissible animal diseases that are not subject to measures laid down at union level , but which are of some economic importance for the private sector at a local level , the latter should , with the assistance of the competent authorities of the member states , take actions to prevent or control such diseases , for instance through self - regulatory measures or the development of codes of practice . ### for transmissible animal diseases that are not subject to measures laid down at union level , but which are of some economic importance for the private sector at a local level , member states should have the preparedness to respond and , together with the private sector , to take actions to prevent or control such diseases , for instance through developing practical measures to avert their harmful effects and establishing self - regulatory mechanisms and developing codes of practice .


### professional experience or training ; ### professional experience and training ;


### identification documents for terrestrial pet animals provided for in article 112 or identification documents , movement documents or other documents for kept terrestrial pet animals provided for in article 112 ; ### identification documents for terrestrial pet animals provided for in article 111a , article 112 or identification documents , movement documents or other documents for kept terrestrial pet animals provided for in article 112 ;


### diseases occurring in wild animal populations may have a detrimental effect on the agriculture and aquaculture sectors , on public health , the environment and biodiversity . it is therefore appropriate that the scope of this regulation should , in such cases , cover wild animals , both as potential victims of those diseases and as their vectors . ### diseases occurring in wild animal populations , as for instance rabies and batrachochytrium dendrobatidis , may have a detrimental effect on the agriculture and aquaculture sectors , on public health , the environment and biodiversity . it is therefore appropriate that the scope of this regulation should , in such cases , cover wild animals , both as potential victims of those diseases and as their vectors .


### disease control measures for the eradication of the disease agent from establishments , compartments and zones in which the disease occurs and to prevent re - infection ; ### disease control measures for the eradication of the disease agent from establishments , compartments and zones in which the disease occurs and to prevent re - infection . mass culling as a disease control measure should only be an option of last resort where improved biosecurity or vaccination programmes will not be effective .


### the level of impact of the disease on animal and public health , animal welfare and the economy ; ### the level of impact of the disease on animal and public health , animal welfare , the economy and economic activities in the agricultural sector ;


### collecting societies shall accept rightholders as members if they fulfil the membership requirements . they may only refuse a request for membership on the basis of objective criteria . these criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available . ### collecting societies shall accept rightholders as members if they fulfil the membership requirements . they may only refuse a request for membership on the basis of objective and transparent criteria . the rightholder must be given a clear explanation as to why the request for membership was refused . these criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available . the criteria must be non - discriminatory and must not result in members being excluded on the grounds of the size of their repertoire , the expected volume of income in the form of fees or earlier licensing agreements .


### in order to ensure that holders of copyright and related rights can fully benefit from the internal market when their rights are being managed collectively and that their freedom to exercise their rights is not unduly affected , it is necessary to provide for the inclusion of appropriate safeguards in the constituting documents of collecting societies . moreover , in accordance with directive 2006 / 123 / ec collecting societies should not discriminate , directly or indirectly , between rightholders on the basis of their nationality , place of residence or place of establishment when providing their management services . ### in order to ensure that holders of copyright and related rights can fully benefit from the internal market when their rights are being managed collectively and that their freedom to exercise their rights is not under any circumstances affected , it is necessary to provide for the inclusion of appropriate safeguards in the constituting documents of collecting societies . moreover , in accordance with directive 2006 / 123 / ec collecting societies should not discriminate , directly or indirectly , between rightholders on the basis of their nationality , place of residence or place of establishment when providing their management services . any direct or indirect discrimination on the basis of existing licences , extent of repertoire or expected sales should be avoided .


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after two years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall allocate the amounts concerned in the best interests of the rightholders whose rights it manages , in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society .


### rightholders shall have the right to terminate the authorisation to manage rights , categories of rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice , for the member states of their choice , upon serving reasonable notice not exceeding six months . the collecting society may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year , whichever is sooner after the expiry of the notice period . ### rightholders shall have the right to terminate the authorisation to manage rights , categories of rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice , for the member states of their choice , upon serving reasonable notice not exceeding six months . the collecting society may decide that such termination or withdrawal will take effect only at the end of a period not exceeding two years from the date on which the author joined .


### members of collecting societies should be allowed to participate and vote in the general meeting ; the exercise of these rights may only be subject to fair and proportionate restrictions . the exercise of voting rights should be made easy . ### members of collecting societies are entitled to participate and vote in the general meeting ; the exercise of the rights to vote and to stand for election should be made easy for all members .