### the statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society ' s decision - making process . the representation of the different categories of members in the decision - making process shall be fair and balanced . ### the statute of the collective management organisation shall provide for appropriate and effective mechanisms of participation of its members in the decision - making process . the representation of the different categories of members in the decision - making process shall be fair and balanced .


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


### the collecting society shall not apply deductions , other than management fees , to the rights revenue derived from the rights it manages on the basis of a representation agreement with another collecting society , unless the other collecting society expressly consents to such deductions . ### member states shall ensure that a collective management organisation does not apply deductions , other than reasonable management fees , to the rights revenue derived from the rights it manages on the basis of a representation agreement , and to any income arising from the investment of that rights revenue .


### the statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society ' s decision - making process . the representation of the different categories of members in the decision - making process shall be fair and balanced . ### the statutes of the collective management organisations shall lay down appropriate , effective and transparent mechanisms of participation of their members in the decision - making process of the collective management organisation . the representation of the different categories of members at all levels of the decision - making process shall be fair and organised on a footing of equality .


### the rules on deductions from rights revenue . ### the general policy on deductions from rights revenue and on income derived from its investment , to the extent investments are allowed by the member states ;


### the requested collecting society shall accept such a request if it is already granting or offering to grant multi - territorial licences for the same category of online rights in musical works in the repertoire of one or more other collecting societies . ### the requested collective management organisation shall accept such a request without delay if it is already granting or offering to grant multi - territorial licences for the same category of online rights in musical works in the repertoire of one or more other collective management organisations .


### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collective management organisations of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy . ### unlike other creative sectors where direct licensing plays a more prominent role , the collective management of authors ' rights on a territorial basis remains the norm in the music sector . therefore it is essential to create conditions conducive to the most effective licensing practices by collective management organisations , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collective management organisations of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collective management organisations , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society , without abusing its market power . the development of legal online music services across the union should also contribute to a decrease in unauthorized copying of music .


### ' member of a collecting society ' means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , fulfilling the membership requirements of the collecting society ; ### ' member of a collecting society ' means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , fulfilling the membership requirements of the collecting society and admitted by it ;


### rightholders shall have the right to authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . ### rightholders may authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . rightholders may authorise a collecting society to manage their rights on an exclusive or a non - exclusive basis .


### any restriction on the right of the members of the collecting society to participate and to exercise voting rights at the general meeting shall be fair and proportionate and be based on the following criteria : ### every member of a collective management organisation shall have the right to vote at the general meeting , including by electronic vote . any restriction on the right of a member of the collective management organisation to participate and to exercise its voting rights at the general meeting shall be fair and proportionate and be based on the following criteria :


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by a significant number of rightholders , to collectively manage copyright , rights related to copyright or rights to remuneration laid down by law , to carry out social , cultural and artistic activities in their favour , and to defend and promote their rights , as its sole or main purpose and which is owned or controlled by its members ;


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collecting society ' means any non - profit organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or directly or indirectly controlled by right holders ;


### the statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society ' s decision - making process . the representation of the different categories of members in the decision - making process shall be fair and balanced . ### the statute of the collecting society shall provide for appropriate and effective mechanisms of participation of all its members in the collecting society ' s decision - making process . the representation of the different categories of members in the decision - making process shall be fair and balanced .


### commission proposal 2 . upon reception of the certificate pursuant to article 5 provided by the protected person , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 , bring to the notice of the person causing the risk and to the protected person : ### upon reception of the certificate pursuant to article 5 , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 of the european parliament and of the council of 13 november 2007 on the service in the member states of judicial and extrajudicial documents in civil or commercial matters 1 , bring to the notice of the person causing the risk and to the protected person : _________________________ 1 oj l 324 , 10 . 12 . 2007 , p . 79 .


### commission proposal ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . the following are notably protection measures : an obligation not to enter certain localities , places or defined areas where the protected person resides , works or that he visits ; or an obligation not to enter into contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or an obligation not to approach the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . protection measures may include one or more of the following obligations or prohibitions : a prohibition forbidding entry into any localities , places or defined areas where the protected person resides , works or that he visits ; or a prohibition or regulation of contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or a prohibition or regulation on approaching the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person ; any other obligations or prohibitions imposed in order to guarantee the protection of the protected person .


### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . the following are notably protection measures : an obligation not to enter certain localities , places or defined areas where the protected person resides , works or that he visits ; or an obligation not to enter into contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or an obligation not to approach the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting an individual person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . protection measures may include one or more of the following obligations or prohibitions : a prohibition from entering and / or remaining in certain localities , places or defined areas where the protected person resides , works or that he visits ; or a prohibition or regulation of contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or a prohibition or regulation on approaching the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person ; or any other prohibitions or regulations imposed in order to guarantee the protection of the protected person .


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


### 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 .


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


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


### 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 .


### member states shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under union law , and that a sufficient amount of appropriately protected spectrum is available for union sectoral policies . ### member states shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under member state and union law , and that a sufficient amount of appropriately protected spectrum is available for union sectoral policies .


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


### 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 .


### 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 .


### 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 the efforts to promote the expansion of local production , the medium - term aim being to secure , for réunion , self - sufficiency in milk . 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 .


### 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 assess the amendments proposed and decide on whether to approve them . the commission shall adopt by means of an implementing act the uniform measures for the submission of proposals for amendments to the programme . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### having regard to the treaty on the functioning of the european union , and in particular the first subparagraph of article 42 and article 43 thereof , ### having regard to the treaty on the functioning of the european union , and in particular the first subparagraph of article 42 , article 43 and article 349 thereof ,


### member states shall submit a draft posei programme to the commission in the light of the financial allocation referred to in article 29 and . ### member states shall submit a draft posei programme to the commission in the light of the financial allocation referred to in article 29 and . the draft programme shall be deemed admissible by the commission only if it has been notified to the leaders of the elected departmental or regional authorities .


### not later than 30 june 2015 , and thereafter every five years , the commission shall submit a general report to the european parliament and the council showing the impact of the action taken under this regulation , including in the banana sector , accompanied if applicable by appropriate proposals . ### not later than 30 june 2015 , and thereafter every five years , the commission shall submit a general report to the european parliament and the council showing the impact of the action taken under this regulation , including in the banana and milk sectors , accompanied if applicable by appropriate proposals .


### preservation and development of agricultural activities in the outermost regions , including the production , processing and the sale of local products . ### securing the long - term future and development of the so - called livestock and crop diversification sectors in the outermost regions , including the production , processing and the sale of local products , thereby significantly improving the local population’s degree of self - sufficiency by increasing domestic production and reducing imports ;


### given that rice constitutes a staple of the diet of réunion , and since the island does not produce sufficient quantities to meet local requirements , the import of this product to the island should continue to be exempt from any form of import tax . ### given that rice constitutes a staple of the diet of réunion and that rice processing and polishing industries have been established there for many years , and since the island does not produce sufficient quantities of rice to meet local requirements , the import of this product to the island should continue to be exempt from any form of import tax .


### 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 .


### member states shall ensure that prices charged at publicly accessible recharging points are reasonable and do not include any penalty or prohibitive fees for recharging an electric vehicle by the user not having contractual relations with the operator of the recharging point . ### member states shall ensure that prices charged at publicly accessible recharging points are transparent and reasonable . price reductions for electric vehicle users having contractual relations with the operator of the recharging point must be clearly indicated .


### 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 , with connectors of type 2 as described in standard en 62196 - 2 : 2012 , which shall be provided , where required , with a compatible socket - outlet comprising additional safety features such as a safety shutter . to that end , the standard en 62196 - 2 : 2012 shall be revised promptly and kept up to date in the light of technological progress and the developments in good engineering practice in safety matters .


### – assessment of the need for lng refuelling points in ports outside the ten - t core network that are important for vessels not engaged in transport operations , in particular fishing vessels ; ### – assessment of the need for lng refuelling points in ports outside the ten - t core network ;


### at least 10% of the recharging points shall be publicly accessible . ### member states shall ensure that at least the number of publicly - accessible recharging points for electric vehicles given in the table in annex ii are set up , particularly in urban agglomerations , other densely - populated areas such as suburbs , and , at reasonable distances apart , along the ten - t core network .


### member states shall ensure that publicly accessible lng refuelling points for inland waterway transport are provided in all inland ports of the ten - t core network , by 31 december 2025 at the latest . ### member states shall ensure that a sufficient number of inland ports of the network are equipped with lng , or other alternative fuel , refuelling points for inland waterway transport , with appropriate distances between them , to allow the circulation of lng vessels union - wide . in accordance with the objectives of the trans - european transport network no . . . / 2013 of the european parliament and of the council of . . . on union guidelines for the development of the trans - european transport network ) , the lng , or other alternative fuel , refuelling points in maritime ports in the ten - t core network must be set up by 31 december 2030 at the latest . actual market needs and existing bunkering points shall be taken into consideration when defining the network of lng refuelling points in inland ports .


### electricity is a clean fuel particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in appartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers . ### electricity is a clean fuel at the point of use and is particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in apartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers .


### member states shall ensure that publicly accessible lng refuelling points for maritime and inland waterway transport are provided in all maritime ports of the trans - european transport core network by 31 december 2020 at the latest . ### member states shall ensure that a sufficient number of maritime ports of the trans - european transport core network are equipped with lng refuelling points for maritime transport and , where appropriate , inland waterway transport , with appropriate distances between them , to allow the circulation of lng vessels union - wide by 31 december 2020 at the latest . in accordance with the objectives of the trans - european transport network no . . . / 2013 of the european parliament and of the council of . . . on union guidelines for the development of the trans - european transport network ) , the lng refuelling points in maritime ports in the ten - t core network must be set up by no later than 31 december 2030 . actual market needs and existing bunkering points shall be taken into consideration when defining the network of lng refuelling points in maritime ports .


### 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 from 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 states shall ensure that a minimum number of recharging points for electric vehicles are put into place , at least the number given in the table in annex ii , by 31 december 2020 at the latest . ### member state shall set an indicative national target of public recharging points to be put into place by 31 december 2020 . when doing so , member state shall either take into consideration annex ii or explain how and on the basis of which data and forecasts the indicative target has been calculated .


### electricity is a clean fuel particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in appartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers . ### electricity is a clean fuel particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations , peripheral population areas and the transport routes connecting them , and which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations , peripheral population areas and the transport routes connecting them . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in apartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers .


### member states shall ensure that publicly accessible lng refuelling points for inland waterway transport are provided in all inland ports of the ten - t core network , by 31 december 2025 at the latest . ### member states shall ensure that publicly accessible lng or other alternative fuel refuelling points for inland waterway transport are provided in all inland ports of the ten - t core network , by 31 december 2025 at the latest .


### – synthetic fuels , ### – synthetic fuels , such as dme ,


### all publicly accessible recharging points for electric vehicles shall be equipped with intelligent metering systems as defined in article 2 of directive 2012 / 27 / eu and respect the requirements laid down in article 9 of that directive . ### when recharging at publicly accessible recharging points for electric vehicles , intelligent metering must be available pursuant to article 2 of directive 2012 / 27 / eu which satisfies the requirements laid down in article 9 of that directive .


### direct current fast recharging points for electric vehicles shall be equipped , for interoperability purposes , with connectors of type ' combo 2 ' as described in the relevant en standard , to be adopted by 2014 . ### direct current fast recharging points for electric vehicles shall be equipped , for interoperability purposes , with connectors of type ' combo 2 ' or any other type of connector described in the relevant en standards , to be adopted by 2014 .


### member states shall cooperate to ensure that heavy duty motor vehicles running on lng can travel all along the roads on the ten - t core network . for this purposes , publicly accessible refuelling points for lng shall be established within distances not exceeding 400 km by 31 december 2020 at the latest . ### member states may cooperate to ensure a sufficient number of freely accessible lng refuelling points are installed on roads in the ten - t core network to allow the circulation of heavy duty motor vehicles in the union by 31 december 2030 at the latest .


### all publicly accessible recharging points for electric vehicles shall be equipped with intelligent metering systems as defined in article 2 of directive 2012 / 27 / eu and respect the requirements laid down in article 9 of that directive . ### all freely accessible recharging points for electric vehicles shall be equipped , where payment is required , with intelligent metering or equivalent systems .


### ‘ 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 . ### ‘ normal 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 .


### member states shall ensure that prices charged at publicly accessible recharging points are reasonable and do not include any penalty or prohibitive fees for recharging an electric vehicle by the user not having contractual relations with the operator of the recharging point . ### member states shall ensure that prices charged at publicly accessible recharging points are transparent and reasonable . price reductions for electric vehicle users having contractual relations with the operator of the recharging point must be clearly indicated .


### member states shall ensure that a minimum number of recharging points for electric vehicles are put into place , at least the number given in the table in annex ii , by 31 december 2020 at the latest . ### member states shall ensure that a minimum number of recharging points for electric vehicles are put into place , at least the number given in the table in annex ii , by 31 december 2020 at the latest , particularly in urban agglomerations , other densely - populated areas such as suburbs , and , at reasonable distances apart , along the ten - t core network . the commission shall , by 1 january 2017 , review the annual figures for registration of electric vehicles in the eu and the number of recharging points needed .


### 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 reduce 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 .


### ' 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 ;


### direct current fast recharging points for electric vehicles shall be equipped , for interoperability purposes , with connectors of type ' combo 2 ' as described in the relevant en standard , to be adopted by 2014 . ### new direct current fast recharging points for electric vehicles shall be equipped , for interoperability purposes , with connectors of type ' combo 2 ' as described in the relevant en standard .


### slow recharging points for electric vehicles shall comply with the technical specifications set out in annex iii . 1 . 1 . by 31 december 2015 at the latest . ### slow public recharging points for electric vehicles shall comply with the technical specifications set out in annex iii . 1 . 1 . by 31 december 2015 at the latest .


### electricity is a clean fuel particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in apartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers . ### electricity is a clean fuel particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations and other densely populated areas such as suburbs , which can contribute to improving air quality and reducing noise . member states should press ahead with the implementation of ambitious co2 limits for cars and furthermore ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations .


### in the case of an off - premises contract , the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper , when the consumer receives a copy of the order form on another durable medium . in the case of a distance contract for the sale of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods ordered . in the case of a distance contract for the provision of services , the withdrawal period shall begin from the day of the conclusion of the contract . ### the withdrawal period ends fourteen days after the latest of the following times : the time of conclusion of the contract ; the time when the entitled party receives from the other party adequate information on the right to withdrawal ; or if the subject - matter of the contract is the delivery of goods , the time when the goods are received . if the subject - matter of the contract is a mixed - contract the time when the latest event takes place


### the member states shall not prohibit the parties from performing their obligations under the contract during the withdrawal period . ### member states can maintain national provisions prohibiting the parties from performing their obligations during the right of withdrawal period .


### by the time of conclusion of the contract the statement had been corrected ; ### by the time of conclusion of the contract the statement had been corrected by the same means and in due time before ;


### unless the parties have agreed otherwise , the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party , other than the carrier and indicated by the consumer , within a maximum of thirty days from the day of the conclusion of the contract . ### unless the parties have agreed otherwise , the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party , other than the carrier and indicated by the consumer , immediately from the day of the conclusion of the contract .


### the trader shall remedy the lack of conformity by either repair or replacement according to his choice . ### in case of lack of conformity , the consumer is able to choose between free repair and replacement .


### 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


### unless proved otherwise , any lack of conformity which becomes apparent within six months of the time when the risk passed to the consumer , shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity . ### unless proved otherwise , any lack of conformity which becomes apparent within two years of the time when the risk passed to the consumer , shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity .


### for direct debits the payer has an unconditional right for refund within the time limits set in article 68 , except where the payee has already fulfilled the contractual obligations and the services have already been received or the goods have already been consumed by the payer . at the payment service provider ' s request , the payee shall bear the burden to prove that the conditions referred to in the third subparagraph . ### for direct debits the payer has an unconditional right for refund within the time limits set in article 68 .


### the payment service provider shall not prevent the payee from requesting from the payer a charge , offering him a reduction or otherwise steering him towards the use of a given payment instrument . any charges applied shall , however , not exceed the costs borne by the payee for the use the specific payment instrument . ### the payee shall not be authorised to request from the payer a charge for using any means of payment . the payment service provider shall not prevent the payee from offering the payer a reduction for the use of a given payment instrument providing it does not result in a reverse surcharge .


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


### directive 2007 / 64 / ec exempts from its scope certain payment transactions by means of telecom or information technology devices where the network operator not only acts as an intermediary for the delivery of digital goods and services through the device in question , but also adds value to these goods or services . in particular , this exemption allows for so called operator billing or direct to phone - bill purchases which , starting with ringing tones and premium sms - services , contributes to the development of new business models based on low - value sale of digital content . feedback from the market shows no evidence that this payment method , trusted by consumers as convenient for low threshold payments , has developed into a general payment intermediation service . however , due to the ambiguous wording of the current exemption , this rule has been implemented differently in member states . this translates into lack of legal certainty for operators and consumers and has occasionally allowed other payment intermediation services to claim eligibility for the exemption of the application of directive 2007 / 64 / ec . it is therefore appropriate to narrow down the scope of that directive . the exemption should focus specifically on micro - payments for digital content , such as ringtones , wallpapers , music , games , videos , or applications . the exemption should only apply to payment services when provided as ancillary services to electronic communications services . ### directive 2007 / 64 / ec exempts from its scope certain payment transactions by means of telecom or information technology devices where the network operator not only acts as an intermediary for the delivery of digital goods and services through the device in question , but also adds value to these goods or services . in particular , this exemption allows for so called operator billing or direct to phone - bill purchases which , starting with ringing tones and premium sms - services , contributes to the development of new business models based on low - value sale of digital content . feedback from the market shows no evidence that this payment method , trusted by consumers as convenient for low threshold payments , has developed into a general payment intermediation service . however , due to the ambiguous wording of the current exemption , this rule has been implemented differently in member states . this translates into lack of legal certainty for operators and consumers and has occasionally allowed other payment intermediation services to claim eligibility for the exemption of the application of directive 2007 / 64 / ec . it is therefore appropriate to narrow down the negative scope of that directive . in order not to leave large - scale payment activities unregulated , the exemption should focus on micro - payments for digital content , such as ringtones , wallpapers , music , games , videos , or applications . the exemption should only apply to payment services when provided as ancillary services to electronic communications services .


### the review of the union legal framework on payment services and notably the analysis of the impact of directive 2007 / 64 / ec and the consultation on the commission green paper ‘ towards an integrated european market for card , internet and mobile payments’24 have shown that developments have given rise to important challenges from a regulatory perspective . important areas of the payments market , in particular card payments , internet and mobile payments are often still fragmented along national borders . many innovative payment products or services do not fall , entirely or in large parts , under the scope of directive 2007 / 64 / ec . furthermore , the scope of directive 2007 / 64 / ec and in particular , the elements excluded therefrom , as certain payment - related activities from the general rules , proved in a few cases too ambiguous , too general or simply outdated , taking into account the market developments . this has resulted in legal uncertainty , potential security risks in the payment chain and a lack of consumer protection in certain areas . for innovative and easy - to - use digital payment services it has proven to be difficult to take off and provide consumers and retailers with effective , convenient and secure payment methods in the union . __________________ 24 com 941 final . ### the review of the union legal framework on payment services and notably the analysis of the impact of directive 2007 / 64 / ec and the consultation on the commission green paper ‘ towards an integrated european market for card , internet and mobile payments’24 have shown that developments have given rise to important challenges from a regulatory perspective . important areas of the payments market , in particular card payments , internet and mobile payments are often still fragmented along national borders . many innovative payment products or services do not fall , entirely or in large parts , under the scope of directive 2007 / 64 / ec . furthermore , the scope of directive 2007 / 64 / ec and in particular , the elements excluded therefrom , as certain payment - related activities from the general rules , proved in a few cases too ambiguous , too general or simply outdated , taking into account the market developments . this has resulted in legal uncertainty , potential security risks in the payment chain and a lack of consumer protection in certain areas . for innovative and easy - to - use digital payment services it has proven to be difficult to take off and provide consumers and retailers with effective , convenient and secure payment methods in the union . there is a large positive potential in this which needs to be more consistently exploited . __________________ 24 com 941 final .


### consent to execute a payment transaction or a series of payment transactions shall be given in the form agreed between the payer and the payment service provider . consent may also be given directly or indirectly via the payee . consent to execute a payment transaction shall also be considered given where the payer authorises a third party payment service provider to initiate the payment transaction with the account servicing payment service provider . ### consent to execute a payment transaction or a series of payment transactions shall be given in the form agreed between the payer and the payment service provider . consent may also be given directly or indirectly via the payee . consent to execute a payment transaction shall also be considered given where the payer authorises a third party payment service provider to initiate a payment transaction with an account servicing payment service provider servicing an account owned by the payer .


### member states shall ensure that adequate and effective out - of - court complaint and redress procedures for the settlement of disputes between payment service users and payment service providers concerning the rights and obligations arising under this directive are established according to the relevant national and union legislation , using existing bodies where appropriate . member states shall ensure that such procedures are applicable to payment service providers and that they also cover the activities of appointed representatives . ### member states shall ensure that adequate , independent , impartial , transparent and effective out - of - court complaint and redress procedures for the settlement of disputes between payment service users and payment service providers concerning the rights and obligations arising under this directive are established according to the relevant national and union legislation , using existing bodies where appropriate . member states shall ensure that such procedures are applicable to payment service providers and that they also cover the activities of appointed representatives .


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


### 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 .


### 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 .


### at the payment service provider ' s request , the payer shall bear the burden to prove such conditions are met . ### at the payment service provider ' s request , the payer shall provide factual elements relating to such conditions .


### ‘ authentication’ means a procedure which allows the payment service provider to verify the identity of a user of a specific payment instrument , including the use of its personalised security features or the checking of personalised identity documents ; ### ‘ authentication’ means procedures which allow the payment service provider to verify the identity of a user of a specific payment instrument , including the use of its personalised security features or the checking of personalised identity documents , or to identify an interacting third party payment service provider ;


### member states may stipulate that the burden of proof shall lie with the payment service provider to prove that it has complied with the information requirements set out in this title . ### member states shall stipulate that the burden of proof shall lie with the payment service provider to prove that it has complied with the information requirements set out in this title .


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


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


### payment transactions carried out by a provider of electronic communication networks or services where the transaction is provided for a subscriber to the network or service and for purchase of digital content as ancillary services to electronic communications services , regardless of the device used for the purchase or consumption of the content , provided that the value of any single payment transaction does not exceed eur 50 and the cumulative value of payment transactions does not exceed eur 200 in any billing month ; ### payment transactions carried out by a provider of electronic communication networks or services where the transaction is provided for a subscriber to the network or service and for purchase of digital content as ancillary services to electronic communications services , regardless of the device used for the purchase or consumption of the content , provided that the value of any single payment transaction does not exceed eur 20 and the cumulative value of payment transactions does not exceed eur 100 in any billing month ;


### in order to avoid divergent approaches across member states to the detriment of consumers , the provisions on transparency and information requirements for payment service providers in this directive should also apply to transactions where the payer’s or payee’s payment service provider is located within the european economic area and the other payment service provider is located outside the eea . it is also appropriate to extend the application of transparency and information provisions to transactions in all currencies between payment service providers that are located within the eea . ### in order to avoid divergent approaches across member states to the detriment of consumers , the provisions on transparency and information requirements for payment service providers in this directive should also apply to transactions where the payer’s or payee’s payment service provider is located within the european economic area and the other payment service provider is located outside the eea . on the basis of a review and a proposal from the commission , the application of this directive to such transactions should also be extended to include the major part of the provisions on rights and obligations in relation to providing and using payment services . it is also appropriate to extend the application of transparency and information provisions to transactions in all currencies between payment service providers that are located within the eea .


### member states shall ensure that for payment initiation services , the third party payment service provider shall provide the payer with information about the service offered and contact information to the third party payment service provider . ### member states shall ensure that for payment initiation services , the third party payment service provider shall provide the payer with clear and comprehensive information about the service offered and contact information to the third party payment service provider .


### 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 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 . upon request payment service providers shall disclose their actual costs .


### where a third party payment service provider is involved , the payment service user shall also obtain rectification from the account servicing payment service provider pursuant to paragraph 1 of this article , without prejudice to articles 65 and 80 . ### where a third party payment service provider is involved , the payment service user shall inform the third party payment service provider and notify the account servicing payment service provider . the payment service user shall obtain rectification from the account servicing provider pursuant to paragraph 1 of this article , without prejudice to articles 65 and 80 .


### 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 .


### in addition to the provisions of article 14 of directive [ nis directive ] [ op please insert number of directive once adopted ] , where the security incident has the potential of impacting the financial interests of the payment service users of the payment service provider , it shall without undue delay notify its payment service users of the incident and inform them of possible mitigation measures that they can take on their side to mitigate the adverse effects of the incident . ### in addition to the provisions of article 14 of directive [ nis directive ] [ op please insert number of directive once adopted ] , where the security incident has the potential of impacting the financial interests of the payment service users of the payment service provider , it shall without undue delay notify its payment service users of the incident and inform them about all available mitigation measures that they can take on their side to mitigate the adverse effects of the incident .


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


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


### the advisory procedure should apply in all other cases and where it is considered to be most appropriate . ### the advisory procedure should apply to those cases to which the examination procedure is not applicable .


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


### encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies ; ### encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies , while at the same time respecting the important social , cultural and economic value of spectrum ;


### 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 can be used 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 in the uhf band could also be envisaged , depending on actual market demand , social and cultural objectives , 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 .


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


### the 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 can be used 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 2015 . in the longer term , additional spectrum in the uhf band could also be envisaged , depending on actual market demands , social and cultural objectives , 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 .


### make sufficient appropriate spectrum available in a timely manner to support union policy objectives ; ### make sufficient appropriate spectrum available in a timely manner to support union policy objectives , while taking into account important general interest objectives such as cultural diversity and media pluralism , as well as the interests of various radio spectrum users ;


### member states and the commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the commission to the relevant standardisation bodies ### member states and the commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the commission to the relevant standardisation bodies . special attention shall also be given to standards for equipment to be used by disabled people , without , however , depriving them of the right to use non - standardised equipment if that is their preference .


### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition . ### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition . in order to combat unfair spectrum accumulation by dominant market players and to promote greater consumer choice , member states shall also ensure that spectrum is attributed in a fair and balanced way as to allow service providers to offer to consumers a wide array of culturally diverse television , radio and digital broadcasting .


### 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 .


### 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 .


### 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 ;


### in the event of a significant deviation from prudent fiscal - policy making referred in the fourth subparagraph of article 5 of this regulation , and in order to prevent the occurrence of an excessive deficit , the commission , in accordance with article 121 of the treaty may address a warning to the member state concerned . ### in the event of a significant deviation from efficient fiscal - policy making referred in the fourth subparagraph of article 5 of this regulation , and in order to prevent the occurrence of an excessive deficit or surplus , the commission , in accordance with article 121 of the treaty may address a warning to the member state concerned .


### discretionary reductions of government revenue items are matched either by expenditure cuts or by discretionary increases in other government revenue items or both . ### discretionary reductions of government revenue items are matched either by expenditure cuts or by discretionary increases in other government revenue items or both for member states not having achieved their medium - term budgetary objectives .


### 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 .


### fiscal policy - making shall be considered prudent and thereby conducive to the achievement of the medium - term budgetary objective and its maintenance over time if the following conditions are satisfied : ### fiscal policy - making shall be considered efficient and thereby conducive to the achievement of the medium - term budgetary objective and its maintenance over time if the following conditions are satisfied :


### in the event that the significant deviation from prudent fiscal - policy making persists or is particularly serious , the council , on a recommendation from the commission , shall address a recommendation to the member state concerned to take the necessary adjustment measures . the council , on a proposal from the commission , shall make the recommendation public . ### in the event that the significant deviation from efficient fiscal - policy making persists or is particularly serious , the council , on a recommendation from the commission , shall address a recommendation to the member state concerned to take the necessary adjustment measures . the council , on a proposal from the commission , shall make the recommendation public .


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


### a quantitative assessment of the budgetary and other economic policy measures being taken or proposed to achieve the objectives of the programme , comprising a cost - benefit analysis of major structural reforms which have direct long - term cost - saving effects , including by raising potential growth ; ### a quantitative assessment of the budgetary and other economic policy measures being taken or proposed to achieve the objectives of the programme , comprising a cost - benefit analysis of major structural reforms which are conducive to the achievement of the union’s growth and jobs objectives ;


### the prudent medium - term of growth should be assessed on the basis of projections over a ten - year horizon updated at regular intervals . ### the efficient medium - term of growth should be assessed on the basis of projections over a ten - year horizon updated at regular intervals .


### prudent fiscal policy - making implies that the growth rate of government expenditure does normally not exceed a prudent medium - term growth rate of gdp , increases in excess of that norm are matched by discretionary increases in government revenues and discretionary revenue reductions are compensated by reductions in expenditure . ### efficient fiscal policy - making implies that the growth rate of government expenditure does normally not exceed an efficient medium - term growth rate of gdp , increases in excess of that norm are matched by discretionary increases in government revenues and discretionary revenue reductions are compensated by reductions in expenditure .


### 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 .


### a deviation from prudent fiscal policy making shall be considered significant if the following conditions occur : an excess over the expenditure growth consistent with prudent fiscal policy - making , not offset by discretionary revenue - increasing measures ; or discretionary revenue - decreasing measures not offset by reductions in expenditure ; and the deviation has a total impact on the government balance of at least 0 . 5 % of gdp in one single year or of at least 0 . 25 % of gdp on average per year in two consecutive years . ### a deviation from efficient fiscal policy making shall be considered significant if the following conditions occur : an excess over the expenditure growth consistent with efficient fiscal policy - making , not offset by discretionary revenue - increasing measures ; or discretionary revenue - decreasing measures not offset by reductions in expenditure ; and the deviation has a total impact on the government balance of at least 0 , 5 % of gdp in one single year or of at least 0 , 25 % of gdp on average per year in two consecutive years .


### fiscal - policy making shall be considered prudent and thereby conducive to the achievement of the medium - term budgetary objective and its maintenance over time if the following conditions are satisfied : ### fiscal - policy making shall be considered efficient and thereby conducive to the achievement of the medium - term budgetary objective and its maintenance over time if the following conditions are satisfied :


### 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 .