### 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 the directive 2002 / 21 / ec as amended by directive 2009 / 140 / ec of the european parliament and of the council of 25 november 2009 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 .


### 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 , microphones , and medical equipment . it supports public services such as security and safety services , including civil protection , and scientific activities , such as meteorology , earth observation , radio astronomy and space research . regulatory measures on spectrum therefore have economic , safety , health , public interest , cultural , scientific , social , environmental and technical implications .


### the 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 eu 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 .


### 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 exercised 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 .


### the programme should also take into account decision no 676 / 2002 / ec of the european parliament and of the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community and the technical expertise of the european conference of postal and telecommunications administrations so that union policies which rely on spectrum and were agreed by parliament and council can be implemented by technical implementing measures , noting that such measures can be taken whenever necessary to implement already existing union policies . ### the programme should also take into account decision no 676 / 2002 / ec of the european parliament and of the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community and the technical expertise of the european conference of postal and telecommunications administrations if technical measures to implement union policies agreed by parliament and council are to be taken on the basis of the guidelines for and objectives of union spectrum policy laid down pursuant to article 8a of the framework directive .


### as underlined in the digital agenda for europe , wireless broadband is an important means to boost competition , consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable . however , spectrum management may affect competition by changing the role and power of market players , for example if existing users receive undue competitive advantages . limited spectrum access , in particular when appropriate spectrum becomes scarcer , can create a barrier to entry for new services or applications and hamper innovation and competition . acquisition of new usage rights , including through spectrum trading or other transactions between users , and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation . member states should therefore take appropriate ex ante or ex post regulatory measures to avoid distortions of competition in line with the principles underpinning article 5 of directive 2002 / 20 / ec and article 1 of directive 87 / 372 / eec . ### as underlined in the digital agenda for europe , wireless broadband is an important means to boost competition , consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable . limited spectrum access , in particular when appropriate spectrum becomes scarcer , can create a barrier to entry for new services or applications and hamper innovation and competition . acquisition of new usage rights , including through spectrum trading or other transactions between users , and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation . member states should therefore take appropriate ex ante or ex post regulatory measures to avoid distortions of competition in line with the principles underpinning article 5 of directive 2002 / 20 / ec as amended by directive 2009 / 140 / ec of 25 november 2009 and article 1 of directive 87 / 372 / eec as amended by directive 2009 / 114 / ec of 16 september 2009 .


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


### spectrum regulation has strong cross - border or international dimensions , due to propagation characteristics , the international nature of markets dependent on radio - based services , and the need to avoid harmful interference between countries . moreover , the references to international agreements in directives 2002 / 21 / ec and 2002 / 20 / ec as amended means that member states shall not enter into international obligations that prevent or constrain the fulfilment of their union obligations . member states should , in accordance with the case - law , undertake all necessary efforts to enable appropriate representation of the union in matters under its competence in international bodies in charge of spectrum coordination . moreover , where union policy or competence is at stake , the union should politically drive the preparation of negotiations and play a role in multilateral negotiations , including in the international telecommunications union that corresponds to its level of responsibility for spectrum matters under union law . ### spectrum regulation has strong cross - border or international dimensions , due to propagation characteristics , the international nature of markets dependent on radio - based services , and the need to avoid harmful interference between countries . moreover , the references to international agreements in directives 2002 / 21 / ec and 2002 / 20 / ec as amended means that member states shall not enter into international obligations that prevent or constrain the fulfilment of their union obligations . member states should , in accordance with the case - law and in cooperation with the commission , examine what arrangements are needed to ensure appropriate representation of the union’s common interests in international bodies in charge of spectrum coordination and put the findings into practice without delay .


### to evolve from current practice and building on the principles defined in the council conclusions of 3 february 1992 on procedures to be followed at the world administrative radio conference of 1992 , and where the world radio communications conferences and other multilateral negotiations touch upon principles and policy issues with an important union dimension , the union should be able to establish new procedures to defend its interests in multilateral negotiations , in addition to the long - term objective of becoming a member of the international telecommunications union alongside the member states ; to this end , the commission , taking into account the opinion of the radio spectrum policy group , may also propose common policy objectives to the european parliament and the council , as set out in directive 2002 / 21 / ec . ### acting by agreement with parliament and the council , the commission should submit a proposal outlining how , at world radio communications conferences and in other multilateral negotiations which touch upon principles and policy issues with an important union dimension , the common interests of the european union can be properly represented by its institutions ; at the same time , by agreement with the council union membership of the international telecommunications union alongside the member states should be considered and , if appropriate , brought to fruition .


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


### aim ### aim and scope


### 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 , in accordance with directives 2002 / 21 / ec , 2002 / 20 / ec and 2002 / 19 / ec as amended by directive 2009 / 140 / ec , directive 2002 / 22 / ec as amended by directive 2009 / 136 / ec , and decision no 67 / 2002 / ec , a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market .


### applying technology and service neutrality in the use of spectrum for electronic communications networks and services , in accordance with article 9 of directive 2002 / 21 / ec , and where possible for other sectors and applications , in such a way as to promote efficiency of spectrum use , in particular by fostering flexibility , and to promote innovation ; ### applying technology and service neutrality in the use of spectrum for electronic communications networks and services , in accordance with article 9 of directive 2002 / 21 / ec as amended by directive 2009 / 140 / ec of 25 november 2009 , and where possible for other sectors and applications , in such a way as to promote efficiency of spectrum use , in particular by fostering flexibility , and to promote innovation ;


### 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 ;


### avoid harmful interference or disturbance by other radio or non - radio devices by facilitating the development of standards allowing for flexible and efficient use of spectrum , and increasing immunity of receivers to interference , taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications ; ### avoid harmful interference or disturbance between devices by facilitating the development of standards allowing for flexible and efficient use of spectrum , and increasing immunity of receivers to interference , taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications ;


### member states shall adopt by 1 january 2013 authorisation and allocation measures appropriate for the development of broadband services , in conformity with directive 2002 / 20 / ec of the european parliament and of the council on the authorisation of electronic communications networks and services 1 , such as allowing relevant operators , where possible and on the basis of consultations in accordance with article 11 , direct or indirect access to contiguous blocks of spectrum of at least 10 mhz . 1 oj l 108 , 24 . 4 . 2002 , p . 21 . ### member states shall adopt by 1 january 2013 authorisation and allocation measures appropriate for the development of broadband services , in conformity with directive 2002 / 20 / ec as amended by directive 2009 / 140 / ec of the european parliament and of the council of 25 november 2009 on the authorisation of electronic communications networks and services such as allowing relevant operators , where possible and on the basis of consultations in accordance with article 11 , direct or indirect access to contiguous blocks of spectrum of at least 10 mhz . 1 oj l 337 , 18 . 12 . 2009 , p . 37 .


### member states may amend the existing rights in accordance with article 14 of directive 2002 / 20 / ec when this is necessary to remedy ex - post excessive accumulation of spectrum frequencies within certain economic operators which significantly harms competition . ### member states may amend the existing rights in accordance with article 14 of the authorisation directive when this is necessary to remedy ex - post excessive accumulation of spectrum frequencies within certain economic operators which significantly harms competition .


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


### the commission is invited to adopt , as a priority , appropriate measures , pursuant to article 9b of the directive 2002 / 21 / ec , to ensure that member states allow trading within the union of spectrum usage rights in the harmonised bands 790–862 mhz , 880–915 mhz , 925–960 mhz , 1710–1785 mhz , 1805–1880 mhz , 1900–1980 mhz , 2010–2025 mhz , 2110–2170 mhz , 2 . 5–2 . 69 ghz , and 3 . 4–3 . 8 ghz . ### the commission is invited to adopt , as a priority , appropriate measures , pursuant to article 9b of the framework directive , to ensure that member states allow trading within the union of spectrum usage rights in the harmonised bands 790–862 mhz , 880–915 mhz , 925–960 mhz , 1710–1785 mhz , 1805–1880 mhz , 1900–1980 mhz , 2010–2025 mhz , 2110–2170 mhz , 2 . 5–2 . 69 ghz , and 3 . 4–3 . 8 ghz .


### 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 . ### in cooperation with the commission , the member states 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 spectrum used for radio broadcasting shall not be affected .


### inventory and monitoring of existing uses of and emerging needs for spectrum ### inventory of existing uses of and emerging needs for spectrum


### 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 .


### in order to support the marketing of products from the outermost regions , aid should be established to assist commercialisation of these products outside of the region in which they are produced . ### in order to support the marketing of products from the outermost regions , aid should be established to assist commercialisation of these products outside of the region in which they are produced , taking account of the high additional costs they face as a result of their distance from consumer markets and the need for double storage , which create crucial competitive disadvantages affecting their ability to compete in the internal market . these factors justify the need to increase the financial envelope for the posei programme .


### support for the production of cow’s milk in madeira and réunion has not been sufficient to maintain the balance between domestic and external supply , chiefly because of the serious structural difficulties affecting the sector and its poor capacity to adapt to new economic environments . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder on the sales labelling . ### support for the production of cow’s milk in madeira and réunion has not been sufficient to maintain the balance between domestic and external supply , chiefly because of the serious structural difficulties affecting the sector and its problems in adapting to new economic environments . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully , provided that this does not pose an obstacle to the collection and marketing of all locally produced milk , or hamper efforts to promote the expansion of local production , the medium - term aim being to secure , for réunion , self - sufficiency in milk production . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder on the sales labelling . this provision should also be applicable in martinique , french guiana and guadeloupe , should france make such a request citing the wish of local stakeholders to be covered by it and their ability to develop the milk sector .


### since 2006 , requirements in essential products have increased in some outermost regions , particularly in the azores and in the french overseas departments , as a result of the increasing livestock population and demographic pressure . the proportion of the budget which member states may use for the specific supply arrangements for the regions concerned should therefore be increased . ### since 2006 , requirements in essential products have increased in some outermost regions , particularly in the azores and in the french overseas departments , as a result of the increasing livestock population and demographic pressure . there should therefore be an effective increase in the financial envelope for the specific supply arrangements , in order to avoid compromising current support which is indispensable for local production , the main objective of the posei programme .


### measures taken under posei programmes must comply with european union law and be consistent with other eu policies and with the measures taken under such policies . ### measures taken under posei programmes must comply with european union law and be consistent with other eu policies and with the measures taken under such policies , without prejudice to article&#160 ; 349 of the treaty on the functioning of the european union , which grants the outermost regions special status with a view to fostering their development and their integration on a fair basis into the union through the implementation of specific programmes and instruments tailored to their situation .


### depending on the annual evaluation of the implementation of measures included in the posei programmes , the member states may submit to the commission proposals for amendments thereto within the context of the financial allocation referred to in article 29 and , to bring them more into line with the requirements of the outermost regions and the strategy proposed . the commission shall adopt by means of an implementing act the uniform measures for the submission of proposals for amendments to the programme . ### depending on the annual evaluation of the implementation of measures included in the posei programmes , the member states may , after consulting the socioeconomic operators concerned , submit to the commission proposals for amendments thereto within the context of the financial allocation referred to in article 29 and , to bring them more into line with the requirements of the outermost regions and the strategy proposed . the commission shall adopt by means of implementing acts the uniform measures for the submission of proposals for amendments to the programme .


### the white paper “roadmap to a single european transport area – towards a competitive and resource efficient transport system ' called for breaking the oil dependence of transport . in consequence the commission undertook to develop a sustainable alternative fuels strategy as well as the appropriate infrastructure . the white paper also set a target of 60% greenhouse gas emissions reduction from transport by 2050 . ### the white paper “roadmap to a single european transport area – towards a competitive and resource efficient transport system ' called for breaking the oil dependence of transport . in consequence the commission undertook to develop a sustainable alternative fuels strategy as well as the appropriate infrastructure . the white paper also set a target of 60% greenhouse gas emissions reduction from transport by 2050 , measured against the 1990 level .


### liquefied natural gas is an attractive fuel alternative for vessels to meet the requirements for decreasing the sulphur content in maritime fuels in the sulphur emission control areas , affecting half of the ships sailing in european short sea shipping , as provided for by directive 2012 / 33 / eu of the european parliament and of the council of 21 november 2012 amending council directive 1999 / 32 / ec as regards the sulphur content of marine fuels . a core network of lng refuelling points for maritime and inland waterway vessels should be available at least by the end of 2020 . the initial focus on the core network should not rule out that in the longer perspective lng is also made available at ports outside the core network , in particular those ports that are important for vessels not engaged in transport operations . ### liquefied natural gas is an attractive fuel alternative for vessels to meet the requirements for decreasing the sulphur content in maritime fuels in the sulphur emission control areas , affecting half of the ships sailing in european short sea shipping , as provided for by directive 2012 / 33 / eu of the european parliament and of the council of 21 november 2012 amending council directive 1999 / 32 / ec as regards the sulphur content of marine fuels . a core network of lng and other alternative fuel refuelling points for maritime and inland waterway vessels should be available at least by the end of 2020 . the initial focus on the core network should not rule out that in the longer perspective lng and other alternative fuels are also made available at ports outside the core network , in particular those ports that are important for vessels not engaged in transport operations . another attractive alternative marine fuel is methanol , not the least for existing vessels . this fuel should also be considered as a viable way to comply with the stricter sulphur content requirements as of 2015 .


### this directive establishes a common framework of measures for the deployment of alternative fuels infrastructure in the union in order to break the oil dependence of transport and sets out minimum requirements on alternative fuels infrastructure build - up and common technical specifications , including recharging points for electric vehicles and refuelling points for natural gas and hydrogen . ### this directive establishes a common framework of measures for the deployment of alternative fuels infrastructure in the union in order to break the oil dependence of transport and sets out minimum requirements on alternative fuels infrastructure build - up and common technical specifications , including recharging points for electric vehicles and refuelling points for natural gas , methanol and hydrogen .


### ' alternative fuels ' mean fuels which substitute fossil oil sources in the energy supply to transport and which have a potential to contribute to its decarbonisation . they include : ### ' alternative fuels ' mean fuels which substitute fossil oil sources in the energy supply to transport and which have a potential to contribute to its decarbonisation . they include , by way of example :


### ' slow recharging point ' means a recharging point that allows for a direct supply of electricity to an electric vehicle with a power of less than or equal to 22 kw . ### «point de recharge lente» : ' slow recharging point ' means a recharging point that allows for a direct supply of electricity to an electric vehicle with a power of less than or equal to 22 kva .


### ' publicly accessible recharging or refuelling point ' means a recharging or refuelling point which provides non - discriminatory access to the users ; ### ' freely accessible recharging or refuelling point ' means a recharging or refuelling point which provides non - discriminatory access to the users by employing a widely recognised means of payment ;


### each member state shall adopt a national policy framework for the market development of alternative fuels and their infrastructure , that will include information listed in annex i , and contain at least the following elements : ### each member state shall adopt , in a transparent manner , a national policy framework for the market development of alternative fuels and minimum requirements for their infrastructure , that will include information listed in annex i , and contain at least the following elements :


### – the regulatory framework to support the build - up of alternative fuels infrastructure ; ### – the regulatory framework to support the build - up of alternative fuels infrastructure , taking into account the impact on smes , among other things ;


### – targets for the deployment of alternative fuels ; ### – targets for the deployment of alternative fuels in line with the eu’s environmental and climate change criteria currently in force ;


### the delegation of power referred to in articles 3 , 4 , 5 , and 6 shall be conferred on the commission for an indeterminate period of time . ### the delegation of power referred to in articles 3 , 4 , 5 , and 6 shall be conferred on the commission for a period of five years , starting from [ opoce , please insert the date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### member state be bg cz dk de ee ie el es fr it cy lv lt lu hu mt nl at pl pt ro si sk fi se uk hr ### number of publicly accessible recharging points 12 4 7 3 86 1 1 7 47 55 72 1 1 2 1 4 1 18 7 26 7 6 1 2 4 8 70 2


### alternate current slow recharging points for electric vehicles shall be equipped , for interoperability purposes , with connectors of type 2 as described in standard en62196 - 2 : 2012 . ### alternate current normal recharging points for electric vehicles shall be equipped , for interoperability purposes , at least with connectors of type 2 as described in standard en62196 - 2 : 2012 , and possibly supplied with a charging socket containing additional safety devices , such as safety shutters .


### for the purposes of this directive , neither the fairness of terms which describe the main subject matter of the contract , nor the quality / price ratio of the goods or services supplied should be assessed unless these terms did not meet transparency requirements . the main subject matter of the contract and the price / quality ratio should nevertheless be taken into account in assessing the fairness of other terms . for example , in insurance contracts , the terms which clearly define or circumscribe the insured risk and the insurer ' s liability should not be subject to such an assessment since these restrictions are taken into account in calculating the premium paid by the consumer . ### for the purposes of this directive , neither the fairness of terms which describe the main subject matter of the contract , nor the quality / price ratio of the goods or services supplied should be assessed unless these terms did not meet transparency requirements . the main subject matter of the contract and the price / quality ratio should nevertheless be taken into account in assessing the fairness of other terms . for example , in insurance contracts , the terms which clearly define or circumscribe the insured risk and the insurer ' s liability should not be subject to such an assessment since these restrictions are taken into account in calculating the premium paid by the consumer . this exclusion does not apply to the remuneration foreseen for the trader from ancillary or contingent charges set out in the contract , including fees or charges for breaching any of the terms of the contract , which should be fully subject to the fairness test .


### member states may not maintain or introduce , in their national law , provisions diverging from those laid down in this directive , including more or less stringent provisions to ensure a different level of consumer protection . ### member states may maintain or introduce , in their national law , provisions diverging from those laid down in this directive , including more or less stringent provisions to ensure a different level of consumer protection .


### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer prior to the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used . ### with respect to distance contracts , the information provided for in article 7 and 9 shall be given or made available to the consumer prior to his contractual statement , in plain and intelligible language and in so far as this information is made available in writing , it shall be legible , in a way appropriate to the means of distance communication used and it should be easily , directly and permanently accessible


### if the trader makes a telephone call to the consumer with a view to concluding a distance contract , he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer . ### if , in conformity with the national law applicable , the trader makes a telephone call to the consumer with a view to concluding a distance contract by telephone , the trader shall disclose his identity and , where applicable the identity of the person on whose behalf he makes the call and the commercial purpose of the call at the beginning of the conversation with the consumer .


### if the contract is concluded through a medium which allows limited space or time to display the information , the trader shall provide at least the information regarding the main characteristics of the product and the total price referred to in articles 5 and on that particular medium prior to the conclusion of such a contract . the other information referred to in articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 . ### if the contract is concluded through a medium which allows limited space or time to display the information , the trader shall provide the information regarding the main characteristics of the product and the final price , the duration of the contract and if the contract is open - ended , the conditions for terminating the contract referred to in articles 5 and on that particular medium prior to the conclusion of such a contract . the other information referred to in articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 and the consumer shall be informed thereof on a durable medium prior to the conclusion of such a contract .


### if the trader has not provided the consumer with the information on the right of withdrawal in breach of articles 9 , 10 and 11 , the withdrawal period shall expire three months after the trader has fully performed his other contractual obligations . ### if the trader has not provided the consumer with the information in breach of articles 9 , 10 and 11 , the withdrawal period shall expire three years after the trader has fully performed his other contractual obligations .


### the consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods . he shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with article 9 . for service contracts subject to a right of withdrawal , the consumer shall bear no cost for services performed , in full or in part , during the withdrawal period . ### the consumer is not required to pay for : any diminution in the value of anything received under the contract caused by inspection and testing ; any destruction , or loss of , or damage to , anything received under the contract , provided that the consumer used reasonable care to prevent such destruction , loss or damage .


### the supply of newspapers , periodicals and magazines ; ### the supply of newspapers , periodicals and magazines with the exception of subscription contracts ;


### this chapter shall apply to contract terms drafted in advance by the trader or a third party , which the consumer agreed to without having the possibility of influencing their content , in particular where such contract terms are part of a pre - formulated standard contract . ### this chapter shall apply to contract terms drafted in advance by the trader or a third party , which the consumer agreed to without having the possibility of influencing their content , in particular where such contract terms are part of a pre - formulated standard contract . the supplier has to prove that the contract clauses have been individually negotiated .


### without prejudice to articles 34 and 38 , the unfairness of a contract term shall be assessed , taking into account the nature of the products for which the contract was concluded and by referring , at the time of the conclusion of the contract , to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent . when assessing the fairness of a contract term , the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with article 31 . ### the unfairness of a contract term shall be assessed , taking into account the nature of the products for which the contract was concluded and by referring , at the time of the conclusion of the contract , to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent . when assessing the fairness of a contract term , the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with article 31 .


### paragraphs 1 and 2 shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the trader ' s main contractual obligation , provided that the trader fully complies with article 31 . ### paragraphs 1 and 2 shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the trader ' s main contractual obligation , provided that the trader fully complies with article 31 . this exclusion does not apply to the remuneration foreseen for the trader from ancillary or contingent charges set out in the contract .


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


### payment service providers when engaging in the provision of one or more of the payment services covered by this directive should always hold payment accounts used exclusively for payment transactions . for payment institutions to be able to provide payment services , it is indispensable that they have access to payment accounts . member states should ensure that such access is provided in a way proportionate to the legitimate aim it intends to serve . ### payment service providers when engaging in the provision of one or more of the payment services covered by this directive should always hold payment accounts used exclusively for payment transactions . for payment institutions to be able to provide payment services , it is indispensable that they have access to payment accounts . member states should ensure that such access is non - discriminatory and provided in a way proportionate to the legitimate aim it intends to serve . while the access could be basic , it should always be extensive enough for the payment institution to be able to provide its services in an unobstructed and efficient way . the fees charged for such access should not be unreasonable or out of line with standard business practice .


### in order to facilitate customer mobility , it should be possible for consumers to terminate a framework contract after a year without incurring charges . for consumers , the period of notice agreed should be no longer than a month , and for payment service providers no shorter than two months . this directive should be without prejudice to the payment service provider’s obligation to terminate the payment service contract in exceptional circumstances under other relevant union or national legislation , such as legislation on money laundering and terrorist financing , any action targeting the freezing of funds , or any specific measure linked to the prevention and investigation of crimes . ### in order to facilitate customer mobility and thereby enhance competition , it should be possible for consumers to terminate a framework contract after six months without incurring charges . for consumers , the period of notice agreed should be no longer than a month , and for payment service providers no shorter than two months . this directive should be without prejudice to the payment service provider’s obligation to terminate the payment service contract in exceptional circumstances under other relevant union or national legislation , such as legislation on money laundering and terrorist financing , any action targeting the freezing of funds , or any specific measure linked to the prevention and investigation of crimes .


### it is necessary to set up the criteria under which tpps are allowed to access and use the information on the availability of funds on the payment service user account held with another payment service provider . in particular , necessary data protection and security requirements set or referred to in this directive or included in the eba guidelines should be fulfilled by both the tpp and the payment service provider servicing the account of the payment service user . the payers should give an explicit consent to the tpp to access their payment account and be properly informed about the extent of this access . to allow the development of other payment services providers which cannot receive deposits , it is necessary that credit institutions provide them with the information on the availability of funds if the payer has given consent for this information to be communicated to the payment service provider issuer of the payment instrument . ### it is necessary to set up the criteria under which tpps are allowed to access and use the information on the availability of funds on the payment service user’s account held with another payment service provider . in particular , necessary data protection and security requirements set or referred to in this directive or included in the eba guidelines should be fulfilled by both the tpp and the payment service provider servicing the account of the payment service user . the payers should give an explicit consent to the tpp to access their payment account and be properly informed about the extent of this access . in addition to tpps , there are other third party actors in the market which , like the tpps , cannot receive deposits , but which , unlike the tpps , build their business models on the issuance of card - based payment instruments . in order to allow for the development of these third party payment instrument issuers , it is necessary that account servicing payment service providers provide them with the information on the availability of funds if the payer has given consent for this information to be communicated to them .


### this directive should lay down rules for a refund to protect the consumer when the executed payment transaction exceeds the amount which could reasonably have been expected . in order to prevent a financial disadvantage for the payer , it needs to be ensured that the credit value date of any refund is no later than the date when the respective amount has been debited . in the case of direct debits payment service providers should be able to provide even more favourable terms to their customers , who should have an unconditional right to a refund of any disputed payment transactions . however , this unconditional refund right which ensures the highest level of consumer protection is not justified in cases where the merchant has already fulfilled the contract and the corresponding good or service has already been consumed . in cases where the user makes a claim for the refund of a payment transaction refund rights should affect neither the liability of the payer vis - à - vis the payee from the underlying relationship , e . g . for goods or services ordered , consumed or legitimately charged , nor the users rights with regard to revocation of a payment order . ### this directive should lay down rules for a refund to protect the consumer when the executed payment transaction exceeds the amount which could reasonably have been expected . in order to prevent a financial disadvantage for the payer , it needs to be ensured that the credit value date of any refund is no later than the date when the respective amount has been debited . in the case of direct debits payment service providers should be able to provide even more favourable terms to their customers , who should have an unconditional right to a refund of any disputed payment transactions . in cases where the user makes a claim for the refund of a payment transaction refund rights should affect neither the liability of the payer vis - à - vis the payee from the underlying relationship , e . g . for goods or services ordered , consumed or legitimately charged , nor the users rights with regard to revocation of a payment order .


### different national practices concerning charging for the use of a given payment instrument have led to extreme heterogeneity of the union’s payments market and become a source of confusion for consumers , in particular in the e - commerce and cross - border context . merchants located in member states where surcharging is allowed offer products and services in member states where it is prohibited and in this case still surcharge the consumer . moreover , a strong rationale for revision of surcharging practices is supported by the fact that regulation no xxx / yyyy establishes rules for multilateral interchange fees for card - based payments . as interchange fees are the main element making most card payments expensive and surcharging is in practice limited to card - based payments , the rules on interchange fees should be accompanied by a revision of surcharging rules . in order to promote cost transparency and the use of the most efficient payment instruments , member states and payment service providers should not prevent the payee from requesting a charge from the payer for using a specific payment instrument , duly taking into account the provisions set out in directive 2011 / 83 / eu . however , the right of the payee to request a surcharge should only apply to those payment instruments for which interchange fees are not regulated . this should act as a steering mechanism towards the cheapest means of payments . ### different national practices concerning charging for the use of a given payment instrument have led to extreme heterogeneity of the union’s payments market and become a source of confusion for consumers , in particular in the e - commerce and cross - border context . merchants located in member states where surcharging is allowed offer products and services in member states where it is prohibited and in this case still surcharge the consumer . there are also many examples of merchants having surcharged consumers at levels much higher than the cost borne by the merchant for the use of a specific payment instrument . moreover , a strong rationale for revision of surcharging practices is supported by the fact that regulation no xxx / yyyy establishes rules for multilateral interchange fees for card - based payments . as interchange fees are the main element making most card payments expensive and surcharging is in practice limited to card - based payments , the rules on interchange fees should be accompanied by a revision of surcharging rules . in order to enhance the functioning of the union’s payment market , to reduce the confusion for consumers and to end the practice of excessive surcharging , member states should ban surcharging by consistently preventing payees from requesting a charge from the payer for using a specific payment instrument .


### without prejudice to the right of customers to bring action in the courts , member states should ensure an easily accessible and cost - sensitive out - of - court resolution of conflicts between payment service providers and consumers arising from the rights and obligations set out in this directive . regulation no 593 / 2008 of the european parliament and of the council40 provides that the protection afforded to consumers by the mandatory rules of the law of the country in which they have their habitual residence may not be undermined by any contractual terms on law applicable . with regard to establishing an efficient and effective dispute resolution procedure , member states should ensure that payment service providers put in place an effective consumer complaint procedure that can be followed by their consumers before the dispute is referred to be resolved in an out - of - court procedure or before court . the complaints procedure should contain short and clearly defined timeframes within which the payment service provider should reply to a complaint . __________________ 40 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . ### without prejudice to the right of customers to bring action in the courts , member states should ensure that easily accessible , independent , impartial , transparent and effective out - of - court procedures are established and maintained for the resolution of disputes between payment service providers and payment service users arising from the rights and obligations set out in this directive . regulation no 593 / 2008 of the european parliament and of the council40 provides that the protection afforded to consumers by the mandatory rules of the law of the country in which they have their habitual residence may not be undermined by any contractual terms on law applicable . with regard to establishing an efficient and effective dispute resolution procedure , member states should ensure that payment service providers put in place an effective complaint procedure that can be followed by their payment service users before the dispute is referred to be resolved in an out - of - court procedure or before court . the complaints procedure should contain short and clearly defined timeframes within which the payment service provider should reply to a complaint . __________________ 40 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations .


### ‘ payment instrument’ means any personalised device and / or set of procedures agreed between the payment service user and the payment service provider and used in order to initiate a payment order ; ### ‘ payment instrument’ means any personalised device and / or set of procedures agreed between the payment service user and the payment service provider and used by the payment service user , or on its behalf , in order to initiate a payment order ;


### when payment institutions engage in the provision of one or more of the payment services , they may hold only payment accounts used exclusively for payment transactions . member states shall ensure that access to those payment accounts is proportionate . ### when payment institutions engage in the provision of one or more of the payment services covered by this directive , they shall hold payment accounts used exclusively for payment transactions . member states shall ensure that all payment institutions are granted non - discriminatory access to payment accounts . the access shall be extensive enough for the payment institution to be able to provide its services in an unobstructed and efficient way .


### the average of the preceding 12 months ' total amount of payment transactions executed by the person concerned , including any agent for which it assumes full responsibility , does not exceed eur 1 million per month . that requirement shall be assessed on the projected total amount of payment transactions in its business plan , unless an adjustment to that plan is required by the competent authorities ; ### the average of the preceding 12 months ' total amount of payment transactions executed and / or initiated by the person concerned , including any agent for which it assumes full responsibility , does not exceed eur 1 million per month . that requirement shall be assessed on the projected total amount of payment transactions in its business plan , unless an adjustment to that plan is required by the competent authorities ;


### the payment service provider may not charge the payment service user for fulfilment of its information obligations or corrective and preventive measures under this title , unless otherwise specified in articles 70 , 71 and 79 . those charges shall be agreed between the payment service user and the payment service provider and shall be appropriate and in line with the payment service provider ' s actual costs . ### the payment service provider may not charge the payment service user for fulfilment of its information obligations or corrective and preventive measures under this title , unless otherwise specified in articles 71 and 79 . those charges shall be agreed between the payment service user and the payment service provider and shall be appropriate and in line with the payment service provider ' s actual costs .


### where a third party payment service provider has been authorised by the payer to provide payment services under paragraph 1 , he shall have the following obligations : ### where a third party payment service provider has been authorised by the payer to provide payment services under paragraph 1 , it shall have the following obligations :


### to authenticate itself in an unequivocal manner towards the account servicing payment service provider of the account owner . ### every time a payment is initiated or account information is collected , to authenticate itself in an unequivocal manner towards the account servicing payment service provider of the account owner .


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


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


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


### by way of derogation from article 65 the payer may be obliged to bear the losses relating to any unauthorised payment transactions , up to a maximum of eur 50 , resulting from the use of a lost or stolen payment instrument or from the misappropriation of a payment instrument . ### by way of derogation from article 65 the payer may be obliged to bear the losses relating to any unauthorised payment transactions , up to a maximum of eur 50 , resulting from the use of a lost or stolen payment instrument or from the misappropriation of a payment instrument . this shall not apply if the loss , theft or misappropriation of a payment instrument was not detectable to the payer prior to a payment .


### the framework contract may include a condition that the payment service provider may charge for such a notification if the refusal is objectively justified . ### the payment service provider shall not charge the payment service user for such a notification .


### upon receipt of the notification , and where relevant , eba shall notify the competent authorities in the other member states . ### upon receipt of the notification , eba shall notify the competent authorities in other member states involved .


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


### eba shall , in close cooperation with the ecb , issue guidelines addressed to payment service providers as set out in article 1 of this directive in accordance with article 16 of regulation no 1093 / 2010 on state of the art customer authentication and any exemption to the use of strong customer authentication . those guidelines shall be issued by and be updated on a regular basis as appropriate . ### eba shall , in close cooperation with the ecb , issue guidelines addressed to payment service providers as set out in article 1 of this directive in accordance with article 16 of regulation no 1093 / 2010 on how third party payment service providers shall authenticate themselves towards account servicing payment service providers , on state of the art customer authentication and on any exemption to the use of strong customer authentication . those guidelines shall be issued by and be updated on a regular basis as appropriate .


### the authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties . where more than one competent authority is empowered to ensure and monitor effective compliance with this directive , member states shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively . ### the authorities referred to in paragraph 1 shall possess all the powers and resources necessary for the performance of their duties . where more than one competent authority is empowered to ensure and monitor effective compliance with this directive , member states shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively .


### member states shall require that payment service providers make every possible effort to reply , in writing , to the payment service users ' complaints , addressing all points raised , within an adequate timeframe and at the latest within 15 business days . in exceptional situations , if the answer cannot be given within 15 business days for reasons beyond the control of the payment service provider , it shall be required to send a holding reply , clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the consumer will receive the final reply . that deadline may not , in any case , exceed another 30 business days . ### member states shall require that payment service providers make every possible effort to reply , in writing , to the payment service users ' complaints , addressing all points raised , within an adequate timeframe and at the latest within 15 business days . in exceptional situations , if the answer cannot be given within 15 business days for reasons beyond the control of the payment service provider , it shall be required to send a holding reply , clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the consumer will receive the final reply . that deadline may not , in any case , exceed another 15 business days .


### member states shall require the bodies referred to in paragraph 1 to cooperate for the resolution of cross - border disputes concerning the rights and obligations arising under this directive . ### member states shall require the bodies referred to in paragraph 1 to cooperate for the resolution of cross - border disputes concerning the rights and obligations arising under this directive . member states shall ensure that these bodies have sufficient capacity to engage in an adequate and efficient way in such cross - border cooperation .


### draft legislative resolution ### - 1 . points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and can not be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014 - 2020 ;


### draft legislative resolution ### - 1a . recalls its resolution of 8 june 2011 on ' investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe ' ; reiterates that sufficient additional resources are needed in the next m f f in order to enable the union to fulfil its existing policy priorities and the new tasks provided for in the treaty of lisbon , as well as to respond to unforeseen events ; challenges the council , if it does not share this approach , to clearly identify which of its political priorities or projects could be dropped altogether , despite their proven european added value ;


### draft legislative resolution ### - 1c . regrets that the proposed increase in the financial reference amount for eidhr in the 2014 - 2020 multiannual financial framework is below the average increase proposed for heading 4 as a whole ;


### in order to address the issues in an effective , transparent , timely and flexible manner after council regulation no 1889 / 2006 expires , there is a continued need for specific financial resources and a specific financing instrument that can continue to work in an independent manner . ### in order to address the issues in an effective , transparent , timely and flexible manner after council regulation no 1889 / 2006 expires , there is a continued need for specific financial resources and a separate financing instrument that can continue to work in an independent manner , whilst remaining mutually complementary with the other instruments for the union ' s external policies .


### the implementing powers relating to the programming and financing of the actions supported under this regulation should be exercised in accordance with regulation n° 182 / 2011 of the european parliament and the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . taking into account the nature of those implementing acts , in particular their policy orientation nature or their financial implications , the examination procedure should in principle be used for their adoption , except for technical implementing measures of a small financial scale . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . the implementing powers relating to the programming and financing of the actions supported under this regulation should be exercised in accordance with regulation no 182 / 2011 of the european parliament and the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . taking into account the nature of those implementing acts , in particular their policy orientation nature or their financial implications , the examination procedure should in principle be used for their adoption , except for technical implementing measures of a small financial scale .


### strategy papers shall set out the priority areas selected for financing by the union during the period of validity of this regulation , the specific objectives , the expected results and the performance indicators . they shall also give the indicative financial allocation , both overall and per priority area ; this may be given in the form of a range , where appropriate . ### strategy papers shall set out the priority areas selected for financing by the union during the period of validity of this regulation , the specific objectives , the expected results and the performance indicators . they shall also give the indicative financial allocation , without prejudice to the powers of the budgetary authority , both overall and with an indicative breakdown of resources per priority area ; this may be given in the form of a range , where appropriate .


### strategy papers shall be approved in accordance with the procedure laid down in article 15 of the common implementing regulation . when significant changes of circumstances and policy so require , strategy papers shall be updated in accordance with the same procedure . ### strategy papers , and any revisions or extensions thereof , shall be adopted in accordance with the procedure laid down in article 15 of the common implementing regulation . when significant changes to the circumstances and policy so require , strategy papers shall be updated in accordance with the same procedure . strategy papers shall be reviewed regularly , and at least once every three years , or ad hoc if necessary .


### the examination procedure should only apply for the adoption of measures of general scope designed to implement basic acts and specific measures with a potentially important impact . that procedure should provide for the control of the member states in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee . ### the examination procedure should offer a control mechanism which can enable the member states to effectively monitor the measures proposed by the commission . there therefore need to be guarantees that the commission cannot adopt measures on which the committee ' s opinion is negative , and that measures on which the committee has delivered no opinion for reasons of securing the member states ' support will be subject to review . it should be possible , in very exceptional circumstances to be defined in the basic act , for the commission to adopt and apply measures for a limited period of time , during which it should submit the measures for control by the member states . the commission should review the draft measures , taking into account the views expressed within the committee .


### for all other implementing measures , and for implementing measures referred to in paragraph 2 where it is considered to be appropriate , the advisory procedure shall apply . ### the advisory procedure shall apply to those cases to which the examination procedure is not applicable .


### if the draft measures are not in accordance with the opinion of the committee , the commission shall not adopt those measures . the chairperson may submit to the committee the draft measures for further deliberation or submit an amended version of the draft measures . ### if the draft measures are not in accordance with the opinion of the committee , the commission shall not adopt those measures . the chairperson shall submit to the committee an amended version of the draft , taking account of the committee ' s opinions .


### 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 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 . the radio spectrum policy programme is included among the 50 priority actions of the single market act . 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 . to this end , in support of the goals and key actions outlined in the eu2020 strategy , the digital agenda , the innovation union and the single market act communication , the commission should set the target date by which it will bring forward a legislative proposal for establishing a european radio spectrum action programme .


### aim ### aim and scope


### 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 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 , based on clearly defined and transparent assessment criteria and methodologies . it shall take into account future needs for spectrum based on consumers ‘ and operators’ demands , and of the possibility to meet such needs .


### in order to ensure an effective cooperation within the mechanism , members states shall communicate to the commission their risk management plans . ### in order to ensure an effective cooperation within the mechanism , members states shall , after consultation with their competent public authorities , including regional and local authorities , communicate to the commission their risk management plans . emphasis shall be placed on the assistance to be given to outermost , island , cross - border and mountain regions , which often lack adequate resources with which to rapidly respond to disasters .


### the commission and the member states shall identify and ensure synergies between in - kind assistance and humanitarian aid funding provided by the union and member states in the planning of response operations outside the union . ### the commission and the member states shall identify and ensure synergies between in - kind assistance and humanitarian aid funding provided by the union and member states in the planning of response operations outside the union and shall ensure the integration of outlying regions when such plans involve their territory .


### the financial reference amount for the implementation of this decision for the period 2014 to 2020 shall be eur 513 000 000 at current prices . ### the financial reference amount for the implementation of this decision for the period 2014 to 2020 shall be eur 513 000 000 at current prices . within this framework , the budgetary means for operations inside as well as for operations outside the eu will be determined / set according to the needs incurred .


### - having regard to the treaty on the functioning of the european union , and in particular article 121 thereof , ### - having regard to the treaty on the functioning of the european union , and in particular article 121 , in combination with article 148 and thereof ,


### the stability and growth pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability and conducive to employment creation . ### the stability and growth pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability and conducive to employment creation and should , therefore , enhance long term investments for smart , sustainable and inclusive growth .


### the information about the paths for the general government balance and debt ratio , the growth of government expenditure , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures and the main economic assumptions referred to in paragraph 2 and shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years . ### the information about the paths for the general government balance and debt ratio , the growth of government expenditure and its contribution to the implementation of the union’s growth and jobs objectives , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures and the main economic assumptions referred to in paragraph 2 , and shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years .


### the information about the paths for the general government balance and debt ratio , the growth of government expenditure , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures and the main economic assumptions referred to in paragraph 2 and shall be on an annual basis and shall cover the preceding year , the current year and at least the following three years . ### the information about the paths for the general government balance and debt ratio , the growth of government expenditure and its contribution to the implementation of the union’s growth and jobs objectives , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures and the main economic assumptions referred to in paragraph 2 , and shall be on an annual basis and shall cover the preceding year , the current year and at least the following three years .


### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 of the treaty , examine the medium - term budgetary objectives presented by the member states concerned , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle . ### based on assessments by the commission , the economic and financial committee , the employment committee and the social protection committee , the council shall , within the framework of multilateral surveillance under article 121 tfeu and of the examination of the implementation of the employment policies in accordance with article 148 tfeu , examine the medium - term budgetary objectives presented by the member states concerned , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle .


### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 of the treaty , examine the medium - term budgetary objectives presented by the member states concerned , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken and / or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle and to achieve sustained convergence . ### based on assessments by the commission , the economic and financial committee , the employment committee and the social protection committee , the council shall , within the framework of multilateral surveillance under article 121 tfeu and of the examination of the implementation of the employment policies in accordance with article 148 tfeu , examine the medium - term budgetary objectives presented by the member states concerned , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken and / or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle and to achieve sustained convergence .


### the council , when assessing the adjustment path toward the medium - term budgetary objective , shall examine if the member state concerned pursues an appropriate annual improvement of its cyclically - adjusted budget balance , net of one - off and other temporary measures , required to meet its medium - term budgetary objective , with 0 . 5% of gdp as a benchmark . for member states with a high level of debt or excessive macroeconomic imbalances or both , the council shall examine whether the annual improvement of the cyclically - adjusted budget balance , net of one - off and other temporary measures is higher than 0 . 5% of gdp . the council shall take into account whether a higher adjustment effort is made in economic good times , whereas the effort may be more limited in economic bad times . ### the council , when assessing the adjustment path toward the medium - term budgetary objective , shall examine if the member state concerned pursues an appropriate annual improvement of its cyclically - adjusted budget balance , net of one - off and other temporary measures , required to meet its medium - term budgetary objective , with 0 , 5% of gdp as a benchmark . for member states with a high level of debt or excessive macroeconomic and social imbalances or both , the council shall examine whether the annual improvement of the cyclically - adjusted budget balance , net of one - off and other temporary measures is at least 0 , 5% of gdp . the council shall take into account whether a higher adjustment effort is made in economic good times , whereas the effort may be more limited in economic bad times .


### with a view to ensuring that the medium - term budgetary objective is effectively achieved and maintained , the council shall verify that the growth path of government expenditure , taken in conjunction with the effect of measures being taken or planned on the revenue side , is consistent with prudent fiscal policy - making . ### with a view to ensuring that the medium - term budgetary objective is effectively achieved and maintained , the council shall verify that the growth path of government expenditure , taken in conjunction with the effect of measures being taken or planned on the revenue side , is consistent with efficient fiscal policy making and the union’s growth and jobs objectives .


### with a view to ensuring that the medium - term budgetary objective is effectively achieved and maintained , the council shall verify that the growth path of government expenditure , taken in conjunction with the effect of the measures being taken or proposed on the revenue side , is consistent with prudent fiscal - policy making . ### with a view to ensuring that the medium - term budgetary objective is effectively achieved and maintained , the council shall verify that the growth path of government expenditure , taken in conjunction with the effect of the measures being taken or proposed on the revenue side , is consistent with efficient fiscal - policy making and the union’s growth and jobs objectives .


### for member states that have not yet reached their medium - term budgetary objective , annual expenditure growth does not exceed a rate below a prudent medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures . the size of the shortfall of the growth rate of government expenditure compared to a prudent medium - term rate of gdp growth is set in such a way as to ensure an appropriate adjustment towards the medium - term budgetary objective ; ### for member states that have not yet reached their medium - term budgetary objective , annual expenditure growth does not exceed the efficient medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures . the size of the difference of the growth rate of government expenditure compared to an efficient medium - term rate of gdp growth is set in such a way as to ensure an appropriate adjustment towards the medium - term budgetary objective ;


### for member states that have not yet reached their medium - term budgetary objective , annual expenditure growth does not exceed a rate below a prudent medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures . the size of the shortfall of the growth rate of government expenditure compared to a prudent medium - term rate of gdp growth is set in such a way as to ensure an appropriate adjustment towards the medium - term budgetary objective ; ### for member states that have not yet reached their medium - term budgetary objective , annual expenditure growth does not exceed the efficient medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures . the size of the difference of the growth rate of government expenditure compared to a prudent medium - term rate of gdp growth is set in such a way as to ensure an appropriate adjustment towards the medium - term budgetary objective ;


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


### the council shall furthermore examine whether the contents of the stability programme facilitate the achievement of sustained convergence within the euro area , closer coordination of economic policies and whether the economic policies of the member state concerned are consistent with the broad guidelines of economic policies of the member states and of the union . ### the council shall furthermore examine whether the contents of the stability programme facilitate the achievement of sustained convergence within the euro area , closer coordination of economic policies and whether the economic policies of the member state concerned are consistent with article 9 tfeu , in particular with regard to the promotion of a high level of employment , the guarantee of adequate social protection and the fight against social exclusion , the union’s growth and jobs objectives , the broad guidelines of economic policies of the member states and of the union and the guidelines for the employment policies of the member states .


### the council shall carry out the examination of the stability programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with article 121 of the treaty , considers that the objectives and the content of the programme should be strengthened with particular reference to prudent fiscal policy - making , the council shall , in its opinion , invite the member state concerned to adjust its programme . ### the council shall carry out the examination of the stability programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , the employment committee and the social protection committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with articles 9 and 121 tfeu , considers that the objectives and the content of the programme should be strengthened with particular reference to efficient fiscal policy - making , the council shall , in its opinion , invite the member state concerned to adjust its programme .


### the council shall carry out the examination of the convergence programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with article 121 of the treaty , considers that the objectives and the content of the programme should be strengthened with particular reference to prudent fiscal - policy making , the council shall , in its opinion , invite the member state concerned to adjust its programme . ### the council shall carry out the examination of the convergence programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , the employment committee and the social protection committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with articles 9 and 121 tfeu , considers that the objectives and the content of the programme should be strengthened with particular reference to efficient fiscal - policy making , the council shall , in its opinion , invite the member state concerned to adjust its programme .


### as part of multilateral surveillance in accordance with article 121 of the treaty , the council shall monitor the implementation of stability programmes , on the basis of information provided by participating member states and of assessments by the commission and the economic and financial committee , in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium - term budgetary objective , or from the appropriate adjustment path towards it ensuing from deviations from prudent fiscal - policy making . ### as part of multilateral surveillance in accordance with article 121 tfeu , the council shall monitor the implementation of stability programmes , on the basis of information provided by participating member states and of assessments by the commission , the economic and financial committee , the employment committee and the social protection committee , in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium - term budgetary objective , or from the appropriate adjustment path towards it ensuing from deviations from efficient fiscal - policy making .