### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , the rights to the protection of personal data , right to asylum , non - refoulement , non discrimination , the rights of the child and right to an effective remedy . this regulation should be applied by the member states in accordance with these rights and principles . ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , the rights to the protection of personal data , right to asylum , non - refoulement , non discrimination , the rights of the child and right to an effective remedy . this regulation endorses the provisions and the aims of council directive 2004 / 83 / ec of 29 april 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted1 , as well as of directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals2 . this regulation should be applied by the member states in accordance with these rights and principles . ___________________ 1 oj l . . . . . . 2 oj l . . . . . .


### technical standardisation is a cornerstone for the integration of networks , such as the union payments market . the use of standards developed by international or european standardisation bodies should be mandatory as of a given date for all relevant transactions . in the payment context , these would be the iban , bic , and the financial services messaging standard ‘ iso 20022 xml’ . the use of those standards by all payment service providers is therefore a requirement for full interoperability throughout the union . in particular , the mandatory use of iban and bic where necessary should be promoted through comprehensive communication and facilitating measures in member states in order to allow a smooth and easy transition to pan - european credit transfers and direct debits , in particular for consumers . ### technical standardisation is a cornerstone for the integration of networks , such as the union payments market . the use of standards developed by international or european standardisation bodies should be mandatory as of a given date for all relevant transactions . in the payment context , these would be the iban , bic , and the financial services messaging standard ' iso 20022 xml ' . the use of those standards by all payment service providers is therefore a requirement for full interoperability throughout the union . in particular , the mandatory use of iban and bic where necessary should be promoted through comprehensive communication and facilitating measures in member states in order to allow a smooth and easy transition to union - wide credit transfers and direct debits , in particular for consumers .


### the powers to adopt the delegated acts referred to in article 5 shall be conferred on the commission for an indeterminate period of time . where imperative grounds of urgency so require , article 15 shall apply . ### the power to adopt the delegated acts referred to in article 4a and article 5 shall be conferred on the commission for an indeterminate period of time .


### the name of the payer and / or the iban of the payer ' s account ### the name of the payer


### the european parliament and the council may within a period of six weeks from the date of notification object to the delegated act . in such a case , the act shall cease to be applicable . the institution which objects shall state the reasons for objecting to the delegated act . ### either the european parliament or the council may object to a delegated act in accordance with the procedure referred to article 12 . in such a case , the commission shall repeal the act without delay following the notification of the decision to object by the european parliament or the council .


### by [ insert concrete date 3 years after entry into force ] , the commission shall present to the european parliament , the council , the european economic and social committee and the european central bank a report on the application of this regulation accompanied , if appropriate , by a proposal . ### by . . . * , the commission shall present to the european parliament , the council , the european economic and social committee and the european central bank a report on the application of this regulation accompanied , if appropriate , by a proposal . * oj please insert date : 5 years after entry into force of this regulation .


### the powers to adopt the delegated acts referred to in article 5 shall be conferred on the commission for an indeterminate period of time . where imperative grounds of urgency so require , article 15 shall apply . ### the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the update of the technical requirements for credit transfers and direct debits . ### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the update of the technical requirements for credit transfers and direct debits . it is of particular importance that the commission carry out appropriate and transparent consultation 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 the council .


### a single bank resolution fund is an essential element without which a single resolution mechanism could not work properly . different systems of national funding would distort the application of uniform bank resolution rules in the internal market . the fund should help to ensure a uniform administrative practice in the financing of resolution and to avoid the creation of obstacles for the exercise of fundamental freedoms or the distortion of competition in the internal market due to divergent national practices . the fund should be financed directly by banks and should be pooled at union level so that the resolution resources can be objectively allocated across member states thus increasing financial stability and limiting the link between the perceived fiscal position of individual member states and the funding costs of banks and undertakings operating in those member states . ### a single bank resolution fund is an essential element without which a single resolution mechanism could not work properly . different systems of national funding would distort the application of single bank resolution rules in the internal market . if the funding of resolution were to remain national , the link between sovereigns and the banking sector would not be broken , and investors would continue to establish borrowing conditions according to the place of establishment of the banks rather than to their creditworthiness . the current severe fragmentation of the financial market would also remain . the fund should help to ensure a uniform administrative practice in the financing of resolution and to avoid the creation of obstacles for the exercise of fundamental freedoms or the distortion of competition in the internal market due to divergent national practices . the fund should be financed directly by banks and should be pooled at union level so that the resolution resources can be objectively allocated across member states thus increasing financial stability and limiting the link between the perceived fiscal position of individual member states and the funding costs of banks and undertakings operating in those member states . to further break that link , there should be a prohibition against the decisions of the single resolution mechanism impinging directly on the fiscal responsibilities of the member states .


### a delegated act adopted pursuant to articles 62 , 65 , 66 , 67 and 70 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to articles 62 , 65 , 66 , 67 and 70 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by three months at the initiative of the european parliament or the council .


### for the purposes of point of the first subparagraph , for medicinal products included on the list referred to in article 23 of regulation no 726 / 2004 , the summary shall include the statement : “this medicinal product is under intensive monitoring . all suspected adverse reactions should be reported to . &#8221 ; ### for medicinal products included on the list referred to in article 23 of regulation no 726 / 2004 , the leaflet shall include the statement : “this newly authorised medicinal product is under intensive monitoring in order to increase knowledge on its adverse reactions . all suspected adverse reactions should be reported to &#8221 ; . the statement shall be accompanied by an inverted black triangle &#61553 ; . the black triangle shall also appear on the outer packaging .


### the first paragraph shall not preclude the collection of fees to be paid by marketing authorisation holders for the carrying out of those activities by the national competent authorities . ### the first paragraph shall not preclude the collection of fees to be paid by marketing authorisation holders as a contribution to the carrying out of those activities by the national competent authorities .


### for the purposes of point of the first subparagraph , for medicinal products included on the list referred to in article 23 of regulation no 726 / 2004 , the summary shall include the statement : “this medicinal product is under intensive monitoring . all suspected adverse reactions should be reported to . ### for medicinal products included on the list referred to in article 23 of regulation no 726 / 2004 , the summary shall include the following statements : ' this newly authorised medicinal product is under intensive monitoring in order to increase knowledge on its adverse reactions . all suspected adverse reactions should be reported to , or reported directly to the pharmacy ' ; an exclamation mark surrounded by a red triangle . this symbol shall also appear on the outer packaging , accompanied by an indication that it is advisable to read the package leaflet before taking the medicinal product .


### the annual general report referred to in article 8 shall record the implementation of the agency work programmes . ' ### the annual general report referred to in article 8 shall record the implementation of the agency work programmes , including the implementation of the performance indicators referred to in paragraphs 1 and 2 . it shall also include a review of the progress made in the implementation of the management systems and the techniques referred to in article [ 12 ] of the [ future gnss regulation ] . ’


### the security accreditation board shall be composed of one representative per member state , a commission representative and an hr representative . the term of office of the members of the security accreditation board shall be four years and shall be renewable . a representative of esa shall be invited to attend the meetings of the security accreditation board as an observer . where appropriate , the participation of representatives of third countries and the conditions thereof shall be established in the arrangements referred to in article 23 . ### the security accreditation board shall be composed of one representative per member state , a commission representative and an hr representative . members of the security accreditation board shall not be members of the administrative board . the term of office of the members of the security accreditation board shall be four years and shall be renewable . a representative of esa shall be invited to attend the meetings of the security accreditation board as an observer . where appropriate , the participation of representatives of third countries and the conditions thereof shall be established in the arrangements referred to in article 23 .


### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union’s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . given that contracting entities , which are not contracting authorities , might not have access to indisputable proof on the matter , it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in directive [ 2004 / 18 ] to such contracting entities . the obligation to apply article 55 and of directive [ 2004 / 18 ] should therefore be limited to contracting entities that are contracting authorities . furthermore , contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental or social obligations , including rules on accessibility for disabled persons or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights . ### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union’s financial interests or money laundering . non - payment of taxes or social security contributions and violations of environmental or social obligations , including rules on accessibility for disabled persons , should also be sanctioned by mandatory exclusion at the level of the union . given that contracting entities , which are not contracting authorities , might not have access to indisputable proof on the matter , it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in directive [ 2004 / 18 ] to such contracting entities . the obligation to apply article 55 and of directive [ 2004 / 18 ] should therefore be limited to contracting entities that are contracting authorities . furthermore , contracting entities should be given the possibility to exclude candidates or tenderers for forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights .


### adequate planning of waste shipment inspections is necessary to establish the capacity needed for waste shipment inspections and effectively prevent illegal shipments . the provisions on enforcement and inspections in article 50 of regulation no 1013 / 2006 should therefore be strengthened with a view to ensuring regular and consistent planning of inspections . planning should include a number of key elements , including risk assessments , strategies , objectives , priorities , numbers and types of planned inspections , assignment of tasks , means of cooperation between authorities and provisions on training of inspectors . ### adequate planning of waste shipment inspections is necessary to establish the capacity and efficiency needed for waste shipment inspections in the member states and effectively prevent illegal shipments . the provisions on enforcement and inspections in article 50 of regulation no 1013 / 2006 should therefore be strengthened with a view to ensuring a systematic approach for regular and consistent planning of inspections . planning should include a number of key elements , including analysis , risk assessments , strategies , objectives , priorities , numbers and types of planned inspections , the facilities for collection , storage and sorting of waste , assignment of tasks , means of cooperation between authorities , as well as provisions on training and qualification of the controlling and inspecting bodies .


### a risk assessment covering specific waste streams and sources of illegal shipments , and considering intelligence - based data , such as police investigations and analyses of criminal activities ; ### a risk assessment covering specific waste streams and sources of illegal shipments , and , where appropriate , taking into account intelligence - based data such as police investigations and analyses of criminal activities . details of the risk assessment shall be presented in such a way as to avoid compromising the sources of intelligence - based data .


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


### member states shall ensure that the functions determining equitable and non - discriminatory access to infrastructure , listed in annex ii , are entrusted to bodies or firms that do not themselves provide any rail transport services . regardless of organisational structure , this objective must be shown to have been achieved . ### in order to guarantee equitable and non - discriminatory access to railway infrastructure , member states shall ensure that the infrastructure manager as defined by article 3 is independent at least according to the criteria laid down in annex i a . regardless of organisational structure , this objective must be shown to have been achieved .


### regulatory bodies shall also review decisions and practices of associations of infrastructure managers as referred to in article 40 that implement provisions of this directive or otherwise facilitate international rail transport . ### the network of regulatory bodies shall also review decisions and practices of associations of infrastructure managers as referred to in article 40 that implement provisions of this directive or otherwise facilitate international rail transport .


### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . the burden of proving for the existence of a viable alternative lies with the operator of the service facility . ### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . when refusing access to its service facility , the operator of the service facility shall be required to prove the existence of an economically and technically viable alternative , to which the applicant can switch without a material increase in its costs , and shall justify its refusal in writing .


### the infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark - ups according to article 32 , whereby each of the services listed under a single one of the following points shall belong to different market segments : passenger vs freight services ; trains carrying dangerous goods vs other freight trains ; domestic vs international services ; combined transport vs direct trains ; urban or regional vs interurban passenger services ; block trains vs single wagon load trains ; regular vs occasional train services . ### the infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark - ups according to article 32 . in case the infrastructure manager levies mark - ups , it shall develop a list of market segments to which the regulatory body shall give its prior approval .


### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation . ### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to avoid any kind of discrimination and / or not equal conditions to guarantee transparency . however newly built maintenance and other technical facilities developed for high - speed rolling stock , in accordance with commission decision 2008 / 232 / ec of 21 february 2008 concerning a technical specification for interoperability relating to the rolling stock sub - system of the trans - european high - speed rail system 1 , may be reserved to the use of one railway undertaking for a period of ten years from the start of their operation and renewable once under the supervision of the regulatory body . newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation of five years from the start of their operation .


### regulatory bodies shall develop common principles and practices for making decisions for which they are empowered under this directive . the commission may adopt implementing measures setting out such common principles and practices . those measures designed to ensure the implementation of this directive under uniform conditions shall be adopted as implementing acts in accordance with article 63 . ### the network of regulatory bodies established pursuant to paragraph 1 shall develop common principles and practices for making decisions for which they are empowered under this directive . the commission may adopt and supplement such common principles and practices in accordance with the procedure referred to in article 60 .


### the commission shall report on a regular basis to the european parliament and the council on : ### the commission shall report every two years to the european parliament and the council on :


### in order to ensure the future development and efficient operation of the railway system , a distinction should be made between the provision of transport services and the operation of infrastructure . given this situation , it is necessary for these two activities to be managed separately and to have separate accounts . ### in order to ensure the future development and efficient operation of the railway system , a clear distinction should be made between the provision of transport services and the operation of infrastructure . given this situation , it is necessary for these two activities to be managed independently from one another .


### member states shall ensure that , under normal business conditions and over a period of no more than three years , the accounts of an infrastructure manager shall at least balance income from infrastructure charges , surpluses from other commercial activities and state funding on the one hand , and infrastructure expenditure on the other , including advance payments from the state , where appropriate . ### member states shall ensure that , under normal business conditions , the accounts of the infrastructure manager shall not show a financing deficit for more than two consecutive years and at least balance income from infrastructure charges , private finance , surpluses from other commercial activities and state funding on the one hand , and infrastructure expenditure on the other , including advance payments from the state , annual interest rates and sustainable financing of long - term asset renewals , where appropriate .


### rules for dealing with major disruptions of operations and emergency situations , including a minimum service level in case of strikes , if any , and early termination of the contractual agreement , and information of users ; ### rules for dealing with major disruptions of operations and emergency situations and early termination of the contractual agreement , and information of users ;


### for the purposes of the commission ' s market monitoring , member states shall supply on an annual basis the information indicated in annex iv , as well as all other necessary data requested by the commission . ### for the purposes of the commission ' s market monitoring , member states shall supply on an annual basis the following information as indicated in annex iv , as well as all other necessary data requested by the commission : the evolution of rail transport performance and compensation for public service obligations ; the modal share of railway undertakings in total transport performance ; the resources and activities of regulatory bodies dedicated to their functioning as appeal bodies ; the relevant developments as regards restructuring of the incumbent railway undertaking and adoption / implementation of national transport strategies over the previous year ; the important training initiatives / measures in the field of railway transport taken in a member state during the previous year ; the employment and the social conditions of railway undertakings and infrastructure managers at the end of the previous year ; the investments in the high - speed rail network during the previous year ; the length of the railway network at the end of the previous year ; the track access charges during the previous year ; the existence of a performance scheme set up according to article 35 of this directive ; the number of active licences issued by the competent national authority ; the status of ertms deployment ; the number of incidents , accidents and serious accidents as defined by directive 2004 / 49 / ec which occurred on the network during the previous year ; other relevant developments .


### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or foreseen in the next five years . ### the section on charging principles and tariffs shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 and to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or foreseen in the next five years .


### basic principles and parameters of such agreements are set out in annex vii which may be amended in the light of experience in accordance with the procedure referred to in article 60 . ### basic principles and parameters of such agreements are set out in annex vii .


### the plan may be subject to prior approval by the member state . the regulatory body referred to in article 55 may issue an opinion on whether the actions identified in the plan are appropriate . ### the plan may be subject to prior approval by the member state . the regulatory body referred to in article 55 shall supervise the consultation process to ensure that it is carried out in a non - discriminatory manner .


### have not been convicted of serious or repeated failure to fulfil social or labour law obligations , including obligations under occupational safety and health legislation , and customs law obligations in the case of a company seeking to operate cross - border freight transport subject to customs procedures . ### have not been convicted of any failure to fulfil social or labour law obligations , including obligations under safety , occupational safety and health legislation , and customs law obligations in the case of a company seeking to operate cross - border freight transport subject to customs procedures .


### having due regard to articles 93 , 107 and 108 of the treaty , member states may also provide the infrastructure manager with financing consistent with its tasks , the size of the infrastructure and financial requirements , in particular in order to cover new investments . ### whenever revenues are not sufficient to cover the financing needs of the infrastructure manager , without prejudice to the charging framework of articles 31 and 32 , and having due regard to articles 93 , 107 and 108 of the treaty , member states shall also provide the infrastructure manager with financing consistent with its tasks , the size of the infrastructure and financial requirements , in particular in order to cover new investments .


### member states shall ensure that the functions determining equitable and non - discriminatory access to infrastructure , listed in annex ii , are entrusted to bodies or firms that do not themselves provide any rail transport services . regardless of organisational structure , this objective must be shown to have been achieved . ### in order to guarantee equitable and non - discriminatory access to railway infrastructure , member states shall ensure that the infrastructure manager as defined by article 3 is independent in its legal form , organisation and decision making at least according to the criteria laid down in annex i a . regardless of organisational structure , this objective must be shown to have been achieved .


### where the infrastructure manager , in its legal form , organisation or decision - making functions , is not independent of any railway undertaking , the functions described in sections 3 and 4 of chapter iv shall be performed respectively by a charging body and by an allocation body that are independent in their legal form , organisation and decision - making from any railway undertaking . ### where the infrastructure manager , in its institutional and legal form and its organisation and decision - making functions , is not independent of any railway undertaking , the functions described in sections 2 and 3 of chapter iv shall be performed by a charging body and by an allocation body that are independent in their institutional and legal form and their organisation and decision - making from any railway undertaking .


### when charging for the cost of noise effects is allowed by union legislation for road freight transport , the infrastructure charges shall be modified to take account of the cost of noise effects caused by the operation of the train in accordance with annex viii , point 2 . ### when a member state applies charging for road freight transport for the cost of noise effects in accordance with union legislation , the infrastructure charges in that member state shall be modified to take account of the cost of noise effects caused by the operation of the train in accordance with annex viii , point 2 . such modification of infrastructure charges shall allow for compensation for investments in retrofitting rail vehicles with the most economically viable low - noise braking technology available . member states shall ensure that the introduction of such differentiated charges shall not have any adverse effect on the financial equilibrium of the infrastructure manager .


### infrastructure managers may levy an appropriate charge for capacity that is allocated but not used . this charge shall provide incentives for efficient use of capacity . if there is more than one applicant for a train path to be allocated under the annual timetable exercise , a reservation charge shall be levied . ### infrastructure managers may levy an appropriate charge for capacity that is allocated but not used . this charge shall provide incentives for efficient use of capacity . if two or more applicants request overlapping train paths to be allocated under the annual timetable exercise , a reservation charge shall be levied on the applicant to which the entire train path or a part of it was allocated but not used .


### requests&#160 ; for infrastructure capacity may be made by applicants within the meaning of this directive . ### requests for infrastructure capacity may be made by applicants . in order to use such infrastructure capacity , and on the european rail network for competitive freight , applicants shall appoint a railway undertaking to conclude an agreement with the infrastructure manager in accordance with article 28 .


### member states shall ensure that the functions determining equitable and non - discriminatory access to infrastructure , listed in annex ii , are entrusted to bodies or firms that do not themselves provide any rail transport services . regardless of organisational structure , this objective must be shown to have been achieved . ### in order to guarantee equitable and non - discriminatory access to railway infrastructure , member states shall ensure that the infrastructure manager as defined by article 3 is independent at least according to the criteria laid down in annex i a . regardless of organisational structure , this objective must be shown to have been achieved .


### the commission may adopt implementing measures setting out the details of the procedure and criteria to be followed for the application of this paragraph . those measures , designed to ensure the implementation of this directive under uniform conditions , shall be adopted as implementing acts in accordance with article 63 . ### the commission shall adopt , on the basis of the experience gained by the regulatory bodies , by 18 months after the entry into force of this directive implementing measures setting out the details of the procedure and criteria to be followed for the application of this paragraph . those measures , designed to ensure the implementation of this directive under uniform conditions , shall be adopted as implementing acts in accordance with article 63 .


### member states shall develop their national railway infrastructure by taking into account , where necessary , the general needs of the union . for this purpose , they shall publish at the latest two years after the entry into force of this directive a rail infrastructure development strategy with a view to meeting future mobility needs based on sound and sustainable financing of the railway system . the strategy shall cover a period of at least five years and be renewable . ### member states shall develop&#160 ; their national railway infrastructure by&#160 ; taking into account , where necessary , the general needs of the union . for this purpose , they shall publish , at the latest two years after the entry into force of this directive and after consultation of all the stakeholders and in particular trade unions , sectoral unions and users ' representatives , a rail infrastructure development strategy with a view to meeting future mobility needs based on sound and sustainable financing of the railway system . the strategy shall cover a period of at least ten years , with five&#8211 ; year interim objectives , and be renewable .


### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation . ### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however newly built maintenance and other technical facilities developed for new high - speed rolling stock , in accordance with commission decision 2008 / 232 / ec of 21 february 2008 concerning a technical specification for interoperability relating to the rolling stock sub - system of the trans - european high - speed rail system 1 , may be reserved to the use of one railway undertaking for a period of five years from the start of their operation . 1 oj l 84 , 26 . 3 . 2008 , p . 132 .


### for the purposes of the commission ' s market monitoring , member states shall supply on an annual basis the information indicated in annex iv , as well as all other necessary data requested by the commission . ### for the purposes of the commission ' s market monitoring , member states shall supply on an annual basis the following information indicated as annex iv , as well as all other necessary data requested by the commission : the evolution of rail transport performance and compensation for public service obligations ; the modal share of railway undertakings in total transport performance ; the resources and activities of regulatory bodies dedicated to their functioning as appeal bodies ; the relevant developments as regards restructuring of the incumbent railway undertaking and adoption / implementation of national transport strategies over the previous year ; the important training initiatives / measures in the field of railway transport taken in a member state during the previous year ; the employment and the social conditions of railway undertakings , infrastructure managers and of other companies active in the railway sector at the end of the previous year ; the investments in the high - speed rail network during the previous year ; the length of the railway network a the end of the previous year ; the track access charges during the previous year ; the existence of a performance scheme set up according to article 35 of this directive ; the number of active licences issued by the competent national authority ; the status of ertms deployment ; the number of incidents , accidents and serious accidents as defined by directive 2004 / 49 / ec which occurred on the network during the previous year ; other relevant developments .


### the infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark - ups according to article 32 , whereby each of the services listed under a single one of the following points shall belong to different market segments : passenger vs freight services ; trains carrying dangerous goods vs other freight trains ; domestic vs international services ; combined transport vs direct trains ; urban or regional vs interurban passenger services ; block trains vs single wagon load trains ; regular vs occasional train services . ### the infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark - ups according to article 32 . in case the infrastructure manager levies mark - ups , it shall develop a list of market segments to which the regulatory body shall give its prior approval .


### the requirements relating to professional competence shall be met when an applicant railway undertaking can demonstrate that it has or will have a management organisation which possesses the knowledge or experience necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence . ### the requirements relating to professional competence shall be met when an applicant railway undertaking can demonstrate that it has or will have a management organisation which possesses the knowledge or experience necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence . the undertaking shall also demonstrate at the time of the application that it holds a safety certificate as defined in article 10 of directive 2004 / 49 / ec .


### include cost and profit categories making it possible to determine whether cross - subsidies between these different activities occurred , according to the requirements of the regulatory body ; ### include cost and profit categories making it possible to determine whether cross - subsidies between these different activities occurred , according to the requirements of article 6 and as deemed necessary and proportionate by the regulatory body ;


### network - wide overhead costs , including salaries and pensions ; ### network - wide overhead costs ;


### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or foreseen in the next five years . ### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges . the infrastructure charges shall be indicated per kilometre per market segment . other relevant information on access applying to the services listed in annex iii which are provided by only one supplier shall also be provided . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or foreseen in the next five years .


### rules for dealing with major disruptions of operations and emergency situations , including a minimum service level in case of strikes , if any , and early termination of the contractual agreement , and information of users ; ### rules for dealing with major disruptions of operations , emergency situations and information of users ;


### the commission may adopt implementing measures setting out the details of the criteria to be followed for the application of paragraph 2 . those measures , designed to ensure the implementation of this directive under uniform conditions shall be adopted as implementing acts in accordance with article 63 . ### the details of the criteria to be followed for the application of paragraph 2 may be amended in the light of experience in accordance with the procedure referred to in article 60 .


### the regulatory body shall also have the power to monitor the competition in the rail services markets and review points to of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants . it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . the regulatory body shall have the necessary organisational capacity to carry out these tasks . ### the regulatory body shall have the power to monitor the competition and to correct undesirable developments in the rail services markets and review points to of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants , including through appropriate corrective measures . it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . to this end , the regulatory body shall also cooperate closely with the national safety authority responsible for assessing the conformity or suitability for use of interoperability constituents or for appraising the ‘ ec’ procedure for verification of subsystems in accordance with directive 2008 / 57 / ec .


### regulatory bodies shall develop common principles and practices for making decisions for which they are empowered under this directive . the commission may adopt implementing measures setting out such common principles and practices . those measures designed to ensure the implementation of this directive under uniform conditions shall be adopted as implementing acts in accordance with article 63 . ### the network of regulatory bodies established pursuant to paragraph 1 shall develop common principles and practices for making decisions for which they are empowered under this directive . the commission may adopt and supplement such common principles and practices in accordance with the procedure referred to in article 60 .


### the commission may adopt implementing measures setting out the details of the procedure and criteria to be followed for the application of paragraphs 1 , 2 and 3 of this article . those measures , designed to ensure the implementation of this directive under uniform conditions shall be adopted as implementing acts in accordance with article 63 . ### the commission shall adopt , on the basis of the experience gained by the regulatory bodies , by 18 months after the entry into force of this directive implementing measures setting out the details of the procedure and criteria to be followed for the application of paragraphs 1 , 2 and 3 of this article . those measures , designed to ensure the implementation of this directive under uniform conditions shall be adopted as implementing acts in accordance with article 63 .


### the basic principles of the performance scheme as listed in annex viii , point 4 shall apply throughout the network . ### the basic principles of the performance scheme include the following elements which shall apply throughout the network : in order to achieve an agreed level of service quality and not to endanger the economic viability of a service , the infrastructure manager shall agree with applicants , after approval by the regulatory body , the main parameters of the performance scheme , in particular the cost of delays , the thresholds for payments due under the performance scheme relative both to individual train runs and to all train runs of a railway undertaking in a given period of time ; the infrastructure manager shall communicate to the railway undertakings the timetable , on the basis of which delays will be calculated , at least five days before the train run ; without prejudice to the existing appeal procedures and to the provisions of article 50 , in case of disputes relating to the performance scheme , a dispute resolution system shall be made available in order to settle such matters promptly . if this system is applied , a decision shall be reached within a time limit of 10 working days . once a year , the infrastructure manager shall publish the annual average level of service quality achieved by the railway undertakings on the basis of the main parameters agreed in the performance scheme .


### trains equipped with the european train control system running on lines equipped with national command control and signalling systems shall enjoy a temporary reduction of the infrastructure charge in accordance with annex viii , point 5 . ### trains equipped with the european train control system running on lines equipped with national command control and signalling systems shall enjoy a temporary reduction of the infrastructure charge in accordance with annex viii , point 5 . the infrastructure manager shall be able to ensure that such a reduction does not result in a loss of revenue . this reduction shall be offset by higher charges on the same railway line for trains not equipped with etcs .


### passenger stations , their buildings and other facilities , including ticketing and travel information ; ### passenger stations , their buildings and other facilities , including travel information services and a suitable location for ticketing services ;


### when the provisions of chapter iv , sections 2 and 3 refer to essential functions of an infrastructure manager , they shall be understood as applying to the charging body or the allocation body for their respective competencies . ### by the date of transposition of this directive , member states shall report to the commission on how the obligations of annex i a have been implemented . the commission shall then report to the european parliament and to the council on this implementation .


### safety levels , and ### safety levels , including a good knowledge of english by train drivers and other crew members involved in cross - border transport , and


### the national regulatory bodies should exchange information and , where relevant in individual cases , coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised . they should progressively develop guidelines based on their experience . ### the national regulatory authorities should , under the auspices of the commission , create a network to strengthen their cooperation through the development of common principles and the exchange of best practices and information . they should also , where relevant in individual cases , coordinate the principles and practice of assessing the general tenor of a public service contract . they should progressively develop common european guidelines based on their experience .


### the introduction of new , open - access , international passenger services with intermediate stops should not be used to open up the market for domestic passenger services , but should merely be focused on stops that are ancillary to the international route . the principal purpose of the new services should be to carry passengers travelling on an international journey . when assessing whether that is the service’s principal purpose , criteria such as the proportion of turnover , and of volume , derived from transport of domestic or international passengers , and the length of the service should be taken into account . the assessment of the service ' s principal purpose should be carried out by the respective national regulatory body at the request of an interested party . ### the introduction of new , open - access , international passenger services with intermediate stops should focus on stops that are ancillary to the international route . the principal purpose of such services should be to carry passengers travelling on an international journey . when assessing whether that is the service’s principal purpose , criteria such as the proportion of turnover , and of volume , derived from transport of domestic or international passengers , and the length of the service should be taken into account . the assessment of the service’s principal purpose should be carried out by the respective national regulatory authority at the request of an interested party .


### infrastructure managers may levy an appropriate charge for capacity that is allocated but not used . this charge shall provide incentives for efficient use of capacity . if there is more than one applicant for a train path to be allocated under the annual timetable exercise , a reservation charge shall be levied . ### infrastructure managers may levy an appropriate charge for capacity that is allocated but not used . this charge shall provide incentives for efficient use of capacity . if two or more applicants request overlapping train paths to be allocated under the annual timetable exercise , a reservation charge shall be levied on the applicant to which the entire train path or a part of it was allocated but not used .


### the introduction of new , open - access , international passenger services with intermediate stops should not be used to open up the market for domestic passenger services , but should merely be focused on stops that are ancillary to the international route . the principal purpose of the new services should be to carry passengers travelling on an international journey . when assessing whether that is the service’s principal purpose , criteria such as the proportion of turnover , and of volume , derived from transport of domestic or international passengers , and the length of the service should be taken into account . the assessment of the service ' s principal purpose should be carried out by the respective national regulatory body at the request of an interested party . ### the introduction of new , open - access , international passenger services with intermediate stops should focus on stops that are ancillary to the international route . the principal purpose of such services should be to carry passengers travelling on an international journey . when assessing whether that is the service’s principal purpose , criteria such as the proportion of turnover , and of volume , derived from transport of domestic or international passengers , and the length of the service should be taken into account . the assessment of the service ' s principal purpose should be carried out by the respective national regulatory body at the request of an interested party


### the commission should be empowered to adapt the annexes to this directive . since those measures are of general scope and are designed to amend non - essential elements of this directive , they must be adopted as delegated acts in accordance with article 290 of the treaty . ### in order to ensure the provision of certain information for monitoring the rail market , to define certain details of the network statement , to define the direct costs of a train service , to define certain criteria for noise - differentiated infrastructure charges , to define certain criteria for a temporary reduction for etcs , to define certain criteria of a performance scheme , to set out the details of the criteria to be followed regarding the setting up of requirements with regard to applicants , to define the schedule for the process of allocating capacity , to define the details of the regulatory accounts to be provided to the regulatory body and to develop regulatory bodies ' common criteria and practices for decision - making pursuant to this directive , 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 respect of the criteria and procedure to be followed as the scope of market monitoring in accordance with article 15 , certain elements of the network statement in accordance with article 27 , certain principles of charging in accordance with article 31 , the temporary reduction for etcs in accordance with article 32 , certain elements of the performance scheme in accordance with article 35 , the criteria to be followed for the requirements with regard to applicants for infrastructure in accordance with article 41 , the schedule for the allocation process in accordance with article 43 , the regulatory accounts in accordance with article 56a and common principles and practices for making decision developed by regulatory bodies in accordance with article 57 of this directive . 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 council .


### these market segments shall be established in accordance with the criteria laid down in annex viii , point 3 subject to the prior approval of the regulatory body . for market segments for which there is no traffic , mark - ups shall not be included in the charging system . ### these market segments shall be established in accordance with the procedure laid down in annex viii , point 3 .


### where the infrastructure manager , in its legal form , organisation or decision - making functions , is not independent of any railway undertaking , the functions described in sections 3 and 4 of chapter iv shall be performed respectively by a charging body and by an allocation body that are independent in their legal form , organisation and decision - making from any railway undertaking . ### where the infrastructure manager , in its institutional and legal form and its organisation and decision - making functions , is not independent of any railway undertaking , the functions described in sections 2 and 3 of chapter iv shall be performed by a charging body and by an allocation body that are independent in their institutional and legal form and their organisation and decision - making from any railway undertaking .


### ‘ infrastructure manager’ means any body or firm responsible in particular for establishing , managing and maintaining railway infrastructure , including traffic management and control - command and signalling ; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms ; ### ‘ infrastructure manager’ means any body or firm responsible in particular for establishing , managing and maintaining railway infrastructure , including traffic management and control - command and signalling ; the functions of the infrastructure manager are : the decision making on train path allocation , including both the definition and the assessment of availability and the allocation of individual train paths and the decision making on infrastructure charging , including determination and collection of the charges , and investments in infrastructure ;


### separation of accounts ### transparent separation of accounts


### requests for infrastructure capacity may be made by applicants within the meaning of this directive . ### requests for infrastructure capacity may be made by applicants . in order to use such infrastructure capacity applicants shall appoint a railway undertaking to conclude an agreement with the infrastructure manager in accordance with article 28 .


### a railway undertaking should also be required to comply with national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with due regard to health , social conditions and the rights of workers and consumers on specific stretches of track . ### all railway undertakings should also be required to comply with national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with due regard to existing obligations in relation to health , social conditions , and the rights of workers and consumers on specific stretches of track .


### when the provisions of chapter iv , sections 2 and 3 refer to essential functions of an infrastructure manager , they shall be understood as applying to the charging body or the allocation body for their respective competencies . ### by the date of transposition of this directive , member states shall report to the commission on how the obligations of paragraphs 1 and 2 have been implemented . the commission shall then report to the european parliament and to the council on this implementation .


### the regulatory body shall also have the power to monitor the competition in the rail services markets and review points to of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants . it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . the regulatory body shall have the necessary organisational capacity to carry out these tasks . ### the regulatory body shall have the power to monitor the competition and to correct undesirable developments in the rail services markets and review points to of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants , including through appropriate corrective measures . it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . to this end , the regulatory body shall also cooperate closely with the national safety authority responsible for assessing the conformity or suitability for use of interoperability constituents or for appraising the ‘ ec’ procedure for verification of subsystems in accordance with directive 2008 / 57 / ec .


### measures designed to ensure the implementation of the directive under uniform conditions shall be adopted by the commission as implementing acts in accordance with the procedure referred to in article 64 . ### measures under articles 10 , 11 , 14 , and 17 designed to ensure the implementation of the directive under uniform conditions shall be adopted by the commission as implementing acts in accordance with the procedure referred to in article 64 .


### the regulatory body should function in a way which avoids any conflict of interests and any possible involvement in the award of the public service contract under consideration . the competence of the regulatory body should be extended to allow the assessment of the purpose of an international service and , where appropriate , the potential economic impact on existing public service contracts . ### the regulatory body should function in a way which avoids any conflict of interests and any possible involvement in the award of the public service contract under consideration , without prejudice to the option of this body being funded from the national budget or from levies on the rail sector , or to the publication of the relevant information . the competence of the regulatory body should be extended to allow the assessment of the purpose of an international service and , where appropriate , the potential economic impact on existing public service contracts .


### member states shall develop their national railway infrastructure by taking into account , where necessary , the general needs of the union . for this purpose , they shall publish at the latest two years after the entry into force of this directive a rail infrastructure development strategy with a view to meeting future mobility needs based on sound and sustainable financing of the railway system . the strategy shall cover a period of at least five years and be renewable . ### member states shall develop&#160 ; their national railway infrastructure by&#160 ; taking into account , where necessary , the general needs of the union . for this purpose , they shall publish , at the latest two years after the entry into force of this directive and after consultation of all the stakeholders and in particular trade unions , sectoral unions and users ' representatives , a rail infrastructure development strategy with a view to meeting future mobility needs based on sound and sustainable financing of the railway system . the strategy shall cover a period of at least ten years , with five&#8211 ; year interim objectives , and be renewable .


### have not been convicted of serious or repeated failure to fulfil social or labour law obligations , including obligations under occupational safety and health legislation , and customs law obligations in the case of a company seeking to operate cross - border freight transport subject to customs procedures . ### have not been convicted of any failure to fulfil social or labour law obligations , including obligations under safety , occupational safety and health legislation , and customs law obligations in the case of a company seeking to operate cross - border freight transport subject to customs procedures .


### annex viii , point 4 may be amended in the light of experience in accordance with the procedure referred to in article 60 . ### annex viii , point 4 containing further elements regarding the performance scheme may be amended in the light of experience in accordance with the procedure referred to in article 60 .


### the commission may adopt implementing measures setting out the details of the criteria to be followed for the application of paragraph 2 . those measures , designed to ensure the implementation of this directive under uniform conditions shall be adopted as implementing acts in accordance with article 63 . ### the details of the criteria to be followed for the application of paragraph 2 may be amended in the light of experience in accordance with the procedure referred to in article 60 .


### the services referred to in annex iii , point 2 , shall be supplied by all operators of service facilities in a non - discriminatory manner . ### track access to the services referred to in annex iii , point 2 and their use shall be supplied by all operators of service facilities in a non - discriminatory manner .


### the national regulatory bodies should exchange information and , where relevant in individual cases , coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised . they should progressively develop guidelines based on their experience . ### the national regulatory bodies should exchange information and , under the auspices of the commission and the european railway agency , establish a network to strengthen their communication and cooperation with a view to developing common principles . in certain cases they should also coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised . they should progressively develop common european guidelines based on their experience .


### regional , urban and suburban services as well as transport activities in the form of shuttle services through the channel tunnel should be excluded from the scope of this directive . ### regional , urban and suburban services as well as transport activities in the form of shuttle services through the channel tunnel should be excluded from the scope of this directive . heritage and museum railways running on their own track shall also be exempt from the scope of the directive .


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


### without prejudice to chapter iii of regulation no 1371 / 2007 of the european parliament and of the council , a railway undertaking shall be adequately insured for cover , in accordance with national and international law , of its liabilities in the event of accidents , in particular in respect of freight , mail and third parties . ### without prejudice to chapter iii of regulation no 1371 / 2007 of the european parliament and of the council , a railway undertaking shall be adequately insured for cover , in accordance with national and international law , of its liabilities in the event of accidents , in particular in respect of freight , mail and third parties , with a maximum coverage of at least eur 100 million per year and per accident .


### the commission shall make the necessary arrangements to monitor technical and economic conditions and market developments in european rail transport . ### the commission shall make the necessary arrangements to monitor technical and economic conditions and market developments , employment development and social conditions in&#160 ; european rail transport , as well as its compliance with eu competition rules .


### the basic principles of the performance scheme as listed in annex viii , point 4 shall apply throughout the network . ### the basic principles of the performance scheme include the following elements which shall apply throughout the network : in order to achieve an agreed level of service quality and not to endanger the economic viability of a service , the infrastructure manager shall agree with applicants , after approval by the regulatory body , the main parameters of the performance scheme , in particular the cost of delays , the thresholds for payments due under the performance scheme relative both to individual train runs and to all train runs of a railway undertaking in a given period of time ; the infrastructure manager shall communicate to the railway undertakings the timetable , on the basis of which delays will be calculated , at least five days before the train run ; without prejudice to the existing appeal procedures and to the provisions of article 50 , in case of disputes relating to the performance scheme , a dispute resolution system shall be made available in order to settle such matters promptly . if this system is applied , a decision shall be reached within a time limit of 10 working days . once a year , the infrastructure manager shall publish the annual average level of service quality achieved by the railway undertakings on the basis of the main parameters agreed in the performance scheme .


### in this context , the commission shall closely involve representatives of the member states and of the sectors concerned in its work , including users , so that they are able better to monitor the development of the railway sector and the evolution of the market , to assess the effect of the measures adopted and to analyse the impact of the measures planned by the commission . ### in this context , the commission shall closely involve representatives of the member states and of the sectors concerned in its work , including trade unions , sectoral unions and users’ representatives , so that they are able better to monitor the development of the railway sector and the evolution of the market , to assess the effect of the measures adopted and to analyse the impact of the measures planned by the commission .


### without prejudice to chapter iii of regulation no 1371 / 2007 of the european parliament and of the council16 , a railway undertaking shall be adequately insured for cover , in accordance with national and international law , of its liabilities in the event of accidents , in particular in respect of freight , mail and third parties . ### without prejudice to chapter iii of regulation no 1371 / 2007 of the european parliament and of the council16 , a railway undertaking shall be adequately insured for cover , or have equivalent guarantees and arrangements where approved by the regulator , in accordance with national and international law , of its liabilities in the event of accidents , in particular in respect of freight , mail and third parties .


### member states shall , by 1 january 2013 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where exceptional national or local circumstances would prevent the availability of the band , the commission may authorise specific derogations until 2015 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the spectrum below 1ghz and assess whether additional spectrum could be freed and made available for new applications . ### member states shall , by 17 june 2015 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where the digital switchover process is already well advanced or completed and where the migration of incumbent services can be managed on time the commission recommends to make the band available by 1 january 2013 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the uhf band and assess whether additional spectrum could be freed and made available for new applications .


### the inventory referred to in paragraph shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications , unused or inefficiently used spectrum and spectrum sharing opportunities . it shall take into account future needs for spectrum based on consumers ' and operators ' demands , and of the possibility to meet such needs . ### the inventory referred to in paragraph shall allow , on the basis of clearly defined and transparent criteria and methodologies , the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications , unused or inefficiently used spectrum and spectrum sharing opportunities . it shall take into account future needs for spectrum based on consumers ' and operators ' demands , and of the possibility to meet such needs .


### applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage ; ### applying in a non - discriminatory manner the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage ;


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


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


### encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies ; ### encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies , at the same time taking account of the social , cultural and economic value of spectrum as a whole ;


### member states shall , by 1 january 2013 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where exceptional national or local circumstances would prevent the availability of the band , the commission may authorise specific derogations until 2015 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the spectrum below 1ghz and assess whether additional spectrum could be freed and made available for new applications . ### member states shall , by 17 june 2015 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where the digital switchover process is already well advanced or has been completed and where the migration of incumbent services can be managed on time , the commission recommends making the band available by 1 january 2013 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the spectrum between 300 mhz and 6 ghz and assess whether additional spectrum could be freed and made available for new applications .


### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and of possible future needs for spectrum in the union , in particular in the range from 300 mhz to 3 ghz . ### in keeping with their national systems of competences , the member states shall create an inventory of existing spectrum use and of possible future needs for spectrum on their respective territories , in particular in the range from 300 mhz to 3 ghz . at the same time , the member states shall assess the technical efficiency of the frequencies used for new services .


### article 8a of the directive 2002 / 21 / ec of the european parliament and of the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services provides that the commission may submit a legislative proposal to the european parliament and council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services . these policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market . this decision is without prejudice to existing eu law , in particular directives 1999 / 5 / ec and directives 2002 / 20 / ec and 2002 / 21 / ec , as well as decision no 676 / 2002 / ec . it is also without prejudice to measures taken at national level , in compliance with eu law , to pursue general interest objectives , in particular relating to content regulation and audio - visual policy and to the right of member states to organise and use their spectrum for public order and public security purposes and defence . ### article 8a of directive 2002 / 21 / ec of the european parliament and of the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services as amended by directive 2009 / 140 / ec of the european parliament and of the council of 25 november 20091 provides that the commission may submit a legislative proposal to the european parliament and council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services . these policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market . furthermore , having realised that there is a real risk of interference in the general reception of audiovisual broadcasting , be it analogue or not , such policies and the market it refers to must ensure a strong consumer rights protection and proper public information on the forthcoming change . 1 oj l 337 , 18 . 12 . 2009 , p . 37 .


### if necessary , the commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection , civil protection and disaster relief . ### the commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection , civil protection and disaster relief .


### the first programme should specify guiding principles and objectives up to 2015 for member states and union institutions , and set out specific implementation initiatives . while spectrum management is still largely a national competence , it should be exercised in compliance with existing union law and allow for action to pursue union policies . ### the first programme should specify guiding principles and objectives up to 2015 for member states and union institutions , and set out specific implementation initiatives . spectrum management is a national competence and must be exercised in compliance with existing eu law and allow for measures to be adopted to pursue an union spectrum policy . pursuant to article 8a of the framework directive , member states are required to cooperate with one another and with the commission in connection with the strategic planning , coordination and harmonisation of spectrum use .


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


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


### member states , in cooperation with the commission , shall ensure that the provision of access to broadband content and services using the 790 - 862 mhz band is encouraged in sparsely populated areas , in particular through coverage obligations ; in doing so , they shall examine ways and , where necessary , take appropriate measures to ensure that the freeing of the 800 mhz band does not adversely affect programme making and special events users . ### member states , in cooperation with the commission , shall ensure that the provision of access to broadband services using the 790 - 862 mhz band is encouraged in sparsely populated areas , in particular through coverage obligations ; member - states in cooperation with the commission shall examine ways and , where appropriate , take technical and regulatory measures to ensure that sufficient spectrum is available for programme making and special events users . the commission should encourage member states to ensure the timely availability of sufficient funds to cover the direct migration costs and the direct costs associated with the protection of pmse and broadcasting services .


### optimal and efficient spectrum use requires continuous monitoring of developments , and up - to - date transparent information on spectrum use throughout the union . while commission decision 2007 / 344 / ec on harmonised availability of information regarding spectrum use within the community6 requires member states to publish information on usage rights , a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the union to improve the efficiency of spectrum and radio equipment use , in particular between 300 mhz and 3 ghz . this would help to identify inefficient technologies and usages in both the commercial and public sectors , as well as unused assignments and sharing opportunities , and to evaluate future consumer and business needs . ### optimal and efficient spectrum use requires continuous monitoring of developments , and up - to - date transparent information on spectrum use throughout the union . while commission decision 2007 / 344 / ec on harmonised availability of information regarding spectrum use within the community6 requires member states to publish information on usage rights , a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the union to improve the efficiency of spectrum and radio equipment use , in particular between 300 mhz and 6 ghz . this would help to identify inefficient technologies and usages in both the commercial and public sectors , as well as unused assignments and sharing opportunities , and to evaluate future consumer and business needs .


### aim ### aim and scope


### maximise flexibility in the use of spectrum , to promote innovation and investment , through the application of the principles of technology and service neutrality , the opening of spectrum to new services , and the possibility to trade spectrum rights ; ### maximise flexibility in the use of spectrum , to promote innovation and investment , through the application of the principles of technology and service neutrality , the opening of spectrum to new services , and the possibility to trade spectrum rights ; in that connection , member states may take measures which depart from this principle if the measures in question serve the objectives referred to in article 9 , letters a to d , of the framework directive ;


### member states shall ensure that selection conditions and procedures promote investment and efficient use of spectrum . ### member states shall ensure that selection conditions and procedures promote investment and efficient use of spectrum and co - existence between new and existing services and devices for the benefit of end users and consumers .


### this decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market . ### this decision establishes a multi - annual radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market .


### member states shall foster , in cooperation with the commission , the collective use of spectrum as well as shared use of spectrum . ### member states shall foster , in cooperation with the commission , the collective use of spectrum as well as shared and license - exempt use of spectrum , for example in white spaces after proper impact assessment is made .


### make sufficient appropriate spectrum available in a timely manner to support union policy objectives ; ### make sufficient appropriate spectrum available in a timely manner to support the objectives of union spectrum policy whilst taking account of the scope for the development of radio broadcasting ;


### article 8a of the directive 2002 / 21 / ec of the european parliament and of the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services 3 provides that the commission may submit a legislative proposal to the european parliament and council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services . these policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market . this decision is without prejudice to existing eu law , in particular directives 1999 / 5 / ec and directives 2002 / 20 / ec and 2002 / 21 / ec , as well as decision no 676 / 2002 / ec . it is also without prejudice to measures taken at national level , in compliance with eu law , to pursue general interest objectives , in particular relating to content regulation and audio - visual policy and to the right of member states to organise and use their spectrum for public order and public security purposes and defence . ### article 8a of the directive 2002 / 21 / ec of the european parliament and of the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services provides that the commission may submit a legislative proposal to the european parliament and council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services . these policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market .


### ensuring the optimal use of spectrum may require innovative authorisation solutions such as collective use of spectrum , general authorisations or infrastructure sharing . the application of such principles in the union might be facilitated by the definition of certain common or converging conditions for spectrum usage . general authorisations , which are the least onerous authorisation system , are of particular interest where interference does not risk hampering the development of other services . ### ensuring the optimal and productive use of spectrum may require innovative authorisation solutions such as collective use of spectrum , general authorisations , auctions or infrastructure sharing . the application of such principles in the union might be facilitated by identifying best practices and encouraging information sharing , as well as the definition of certain common or converging conditions for spectrum usage . general authorisations , which are the most appropriate and least onerous authorisation system , are of particular interest where interference does not risk hampering the development of other services .


### harmonised standards under directive 1999 / 5 / ec of the european parliament and of the council of 9 march 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity7 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions . european standards for non - radio electric and electronic equipment and networks should also avoid disturbance to spectrum use . the cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management . these should be examined and reassessed together with receiver characteristics and more sophisticated interference avoidance mechanisms . ### harmonised standards under directive 1999 / 5 / ec of the european parliament and of the council of 9 march 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity7 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions . european standards for non - radio electric and electronic equipment and networks should also avoid disturbance to spectrum use . the cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management . these should be examined and reassessed together with receiver characteristics and more sophisticated interference avoidance mechanisms , with the aim of avoiding harmful interference or disturbance to existing and future spectrum use . moreover , the direct cost of resolving interference issues and migration costs to enable the digital dividend should not be borne by the broadcasting industry nor by the eu citizens or should be adequately compensated .


### the first programme should specify guiding principles and objectives up to 2015 for member states and union institutions , and set out specific implementation initiatives . while spectrum management is still largely a national competence , it should be exercised in compliance with existing union law and allow for action to pursue union policies . ### the first programme should specify guiding principles and objectives up to 2015 for member states and union institutions , and set out specific implementation initiatives . spectrum management is a national competence . it should be carried out in a manner consistent with existing union law and should allow for action to pursue a union spectrum policy . pursuant to article 8a of the framework directive , member states are required only to cooperate with one another and with the commission in connection with the strategic planning , coordination and harmonisation of spectrum use .


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


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


### guaranteeing the functioning of the internal market , in particular by ensuring effective competition . ### promoting the functioning of the internal market , in particular by fostering effective competition .