### making eid mandatory throughout the union may have economically adverse effects on certain operators . it is therefore appropriate that a voluntary regime for the introduction of eid is established . under such a regime , eid would be chosen by keepers that are likely to have immediate economic benefits . ### making eid mandatory throughout the union would guarantee exemplary food safety levels for eu citizens . it is therefore appropriate that a transition period for the introduction of eid is established in order to use up the stock of traditional ear tags . under such a regime , eid would quickly be chosen by keepers that are likely to have immediate economic benefits .


### electronic identification systems based on radio frequency identification have considerably improved in the last ten years . that technology allows a faster and more accurate reading of individual animal identity codes directly into data processing systems resulting on a reduction of time needed to trace potential infected animals or infected food , saving labour costs but at the same time increasing equipment costs . ### electronic identification systems based on radio frequency identification have considerably improved in the last ten years . that technology allows a faster and more accurate reading of individual animal identity codes directly into data processing systems resulting on a reduction of time needed to trace potential infected animals or infected food , saving labour costs but at the same time increasing equipment costs . if the electronic identification is faulty , the failure of the technology must not result in penalty payments being imposed on farmers .


### enters up - to - date information directly into the computerised database within twenty - four hours of the occurrence of the event . ### enters up - to - date information directly into the computerised database within seventy - two hours of the occurrence of the event .


### the europe 2020 project bond initiative has a double objective : first to help finance projects of european policy priorities , and second , to facilitate greater private sector involvement in the long - term capital market financing of infrastructure projects . it will redirect some eu budget spending towards growth - enhancing areas , taking into account the unions budgetary discipline and the ceilings under the current multiannual financial framework . ### the pilot phase for the europe 2020 project bond initiative has a double objective : first to help finance projects of european policy priorities , and second , to facilitate greater private sector involvement in the long - term capital market financing of infrastructure projects . it will redirect some eu budget spending towards growth - enhancing areas , taking into account the union’s budgetary discipline and the ceilings under the current multiannual financial framework .


### a financial contribution to the eib to the provisioning and capital allocation for loans or guarantees to be issued by the eib on its own resources under the risk - sharing instrument for project bonds in the field of ten - t and ten - e . the union exposure to the risk sharing instrument , including management fees and other eligible costs , shall be strictly limited to the amount of the union contribution to the risk - sharing instrument for project bonds and there shall be no further liability on the general budget of the union . the residual risk inherent in all operations shall be borne by the eib . the detailed terms and conditions for implementing the risk - sharing instrument for project bonds , including its monitoring and control , shall be laid down in a delegation agreement between the commission and the eib . in 2012 and 2013 , an amount of up to eur 210 million , of which up to eur 200 million for transport projects and up to eur 10 million for energy projects , may be redeployed for the risk - sharing instrument for project bonds in accordance with the procedure referred to in article 15 from the ten - t and ten - e budget lines , respectively . the risk - sharing instrument for project bonds may reuse any revenues received within the investment period for new loans and guarantees . ### a financial contribution to the eib to the provisioning and capital allocation for loans or guarantees to be issued by the eib on its own resources under the risk - sharing instrument for project bonds in the field of ten - t and ten - e . the union exposure to the risk sharing instrument , including management fees and other eligible costs , shall be strictly limited to the amount of the union contribution to the risk - sharing instrument for project bonds and , during the term of those bonds , there shall be no further liability on the general budget of the union . the residual risk inherent in all operations shall be borne by the eib . the detailed terms and conditions for implementing the risk - sharing instrument for project bonds , including its monitoring and control , shall be laid down in a delegation agreement between the commission and the eib . in 2012 and 2013 , an amount of up to eur 210 million , of which up to eur 200 million for transport projects and up to eur 10 million for energy projects , may be redeployed for the risk - sharing instrument for project bonds in accordance with the procedure referred to in article 15 from the ten - t and ten - e budget lines , respectively . interest and other revenue generated by the risk - sharing instrument for project bonds in the form of commission paid by the beneficiaries which is received before 31 december 2013 may be reused for new loans and guarantees . after 1 january 2014 , the revenues shall be returned to the union budget .


### in order to implement the pilot phase of the europe 2020 project bond initiative , decision no 1639 / 2006 / ec and regulation no 680 / 2007 should be amended . this pilot phase aims to support infrastructure projects with commercial potential in the transport , energy and ict sectors , while after 2013 the initiative may be extended to other sectors . ### in order to implement the pilot phase of the europe 2020 project bond initiative , decision no 1639 / 2006 / ec and regulation no 680 / 2007 should be amended . this pilot phase aims to support infrastructure projects in the transport , energy and ict sectors that possess a commercial potential which is , however , not sufficient to ensure their financing by market mechanisms alone .


### where the value of a modification can be expressed in monetary terms , the modification shall not be considered to be substantial within the meaning of paragraph 1 , where its value does not exceed the thresholds set out in article 12 and where it is below 5% of the price of the initial contract , provided that the modification does not alter the overall nature of the contract . where several successive modifications are made , the value shall be assessed on the basis of the cumulative value of the successive modifications . ### where the value of a modification can be expressed in monetary terms , the modification shall not be considered to be substantial within the meaning of paragraph 1 , where its value does not exceed the thresholds set out in article 12 and where it is below 15% of the price of the initial contract , provided that the modification does not alter the overall nature of the contract . where several successive modifications are made , the value shall be assessed on the basis of the cumulative value of the successive modifications .


### rail freight transport ### rail transport


### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter ' s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the passenger information unit may request access to specific pnr data kept by the passenger information unit of another member state in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crime . ### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter ' s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the passenger information unit may request access to specific pnr data kept by the passenger information unit of another member state in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious transnational crime . such a request shall be justified in writing .


### ‘ serious crime’ means the offences under national law referred to in article 2 of council framework decision 2002 / 584 / jha if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a member state , however , member states may exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality ; ### ‘ serious crime’ means the offences under national law referred to in article 2 of council framework decision 2002 / 584 / jha if they are punishable by a custodial sentence or a detention order for a maximum period of at least five years under the national law of a member state ; however , member states shall exclude those offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality ;


### taking into consideration the right to the protection of personal data , the rights of the data subjects to processing of their pnr data , such as the right of access , the right of rectification , erasure and blocking , as well as the rights to compensation and judicial remedies , should be in line with framework decision 2008 / 977 / jha . ### taking into consideration the right to the protection of personal data , the rights of the data subjects to processing of their pnr data , such as the right of access , the right of rectification , erasure and blocking , as well as the rights to compensation and judicial remedies , should be in line with framework decision 2008 / 977 / jha . such rights should apply equally to union citizens and to third - country nationals .


### ' serious transnational crime ' means the offences under national law referred to in article 2 of council framework decision 2002 / 584 / jha if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a member state , and if ### ' serious transnational crime ' means the offences under national law referred to in article 2 of council framework decision 2002 / 584 / jha if they are punishable by a custodial sentence or a detention order for a maximum period of at least five years under the national law of a member state , and if


### member states shall prepare a set of statistical information on pnr data provided to the passenger information units . such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious crime according to article 4 and the number of subsequent law enforcement actions that were taken involving the use of pnr data per air carrier and destination . ### member states shall prepare a set of statistical information on pnr data provided to the passenger information units . such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious crime according to article 4 , the number of subsequent law enforcement actions that were taken involving the use of pnr data per air carrier and destination and the number of cases by country and by purpose , as specified in article 1 , of data transferred to third countries in accordance with article 8 .


### a member state may transfer pnr data and the results of the processing of pnr data to a third country , only on a case - by - case basis and if : the conditions laid down in article 13 of council framework decision 2008 / 977 / jha are fulfilled , the transfer is necessary for the purposes of this directive specified in article 1 , and the third country agrees to transfer the data to another third country only where it is necessary for the purposes of this directive specified in article 1 and only with the express authorisation of the member state . ### a member state may transfer pnr data and the results of the processing of pnr data to a third country , only on a case - by - case basis and if : the union has concluded an international agreement with that third country or is party , together with that third country , to an international convention which provides for safeguards compatible with the requirements of this directive , such an international agreement provides for , or the third country specifically agrees to , the transfer of data to another third country where : the third country has justified the necessity of such transfer for the purposes of this directive as specified in article 1 , the safeguards provided by the destination country are compatible with the requirements of this directive the member state has given prior express authorisation ; the conditions laid down in article 13 of council framework decision 2008 / 977 / jha are fulfilled .


### the member states should take all necessary measures to enable air carriers to fulfil their obligations under this directive . dissuasive , effective and proportionate penalties , including financial ones , should be provided for by member states against those air carriers failing to meet their obligations regarding the transfer of pnr data . where there are repeated serious infringements which might undermine the basic objectives of this directive , these penalties may include , in exceptional cases , measures such as the immobilisation , seizure and confiscation of the means of transport , or the temporary suspension or withdrawal of the operating licence . ### the member states should take all necessary measures to enable air carriers to fulfil their obligations under this directive . dissuasive , effective and proportionate penalties , including financial ones , should be provided for by member states against those air carriers failing to meet their obligations regarding the transfer of pnr data . however , in cases of deficient technical architecture , the commission should consider options that ensure the smooth operation of international air traffic and avoid individual member states imposing disparate sanctions . where there are repeated serious infringements which might undermine the basic objectives of this directive , these penalties may include , in exceptional cases , measures such as the immobilisation , seizure and confiscation of the means of transport , or the temporary suspension or withdrawal of the operating licence .


### the delegation of power referred to in article 6 shall be conferred for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in article 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 .


### ' withdrawal of a registration ' : shall mean a limited period of time in which the vehicle is not authorised to be used in road traffic , not involving a new process of registration ; ### ' withdrawal of a registration ' : shall mean an administrative act whereby , for a limited period of time , the vehicle is not authorised to be used in road traffic , following which – provided the reasons for withdrawal have ceased to apply – it may be used again without a new process of registration ;


### nullity or annulment declared by a judicial body of the appointment or of the election of non - executive directors made contrary to the national provisions adopted pursuant to article 4 . ### nullity or annulment declared by a judicial body of the appointment or of the election of non - executive directors made contrary to the national provisions adopted pursuant to article 4 . the nullity or annulment of the appointment or of the election of non - executive directors should not have any consequence on the validity of the decisions taken by the board .


### the reports shall , in particular , include details of the names and numbers of the instruments bought or sold , the quantity , the dates and times of execution , the transaction prices , a designation to identify the clients on whose behalf the investment firm has executed that transaction , a designation to identify the persons and the computer algorithms within the investment firm responsible for the investment decision and the execution of the transaction , and means of identifying the investment firms concerned . for transactions not carried out on a regulated market , mtf or otf , the reports shall also include a designation identifying the types of transactions in accordance with the measures to be adopted pursuant to article 19 and article 20 . ### the reports shall , in particular , include details of the names and numbers of the instruments bought or sold , the quantity , the dates and times of execution , the transaction prices , a designation to identify the clients on whose behalf the investment firm has executed that transaction , a designation to identify the algorithms and the instigator of those algorithms responsible for the investment decision and the execution of the transaction , and means of identifying the investment firms concerned . for transactions not carried out on a regulated market , mtf or otf , the reports shall also include a designation identifying the types of transactions in accordance with the measures to be adopted pursuant to article 19 and article 20 .


### at least 5% of the total eafrd contribution to the rural development programme shall be reserved for leader . ### at least 10% of the total eafrd contribution to the rural development programme shall be reserved for leader .


### in order to be eligible for payments under article 32 , areas , other than mountain areas , shall be considered as facing significant natural constraints if at least 66% of the uaa meets at least one of the criteria listed in annex ii at the threshold value indicated . respect of this condition shall be ensured at the appropriate level of local administrative units . ### in order to be eligible for payments under article 32 , areas , other than mountain areas , shall be considered as facing significant natural constraints if at least 50% of the uaa meets at least one of the criteria listed in annex ii at the threshold value indicated . respect of this condition shall be ensured at the appropriate level of local administrative units . it must be possible to apply not only the biophysical criteria provided for in annex ii but also other scientifically sound criteria of disadvantage .


### the competitiveness of agriculture ; ### the competitiveness of agriculture and forestry ;


### food labels should be clear and understandable to assist consumers wanting to make better - informed food and dietary choices . studies show that legibility is an important element in maximising the possibility that labelled information can influence its audience and that the small print size is one of the main causes of consumer dissatisfaction with food labels . ### food labels should be clear and understandable to assist consumers wanting to make selective food and dietary choices . studies show that easy legibility is an important element in maximising the possibility that labelled information can influence its audience and that illegible product information is one of the main causes of consumer dissatisfaction with food labels . consequently , factors such as font , colour and contrast should be considered together .


### articles 29 to 34 shall apply from [ the first day of the month 3 years after the entry into force ] except in the case of foods labelled by food business operators with , on the date of entry into force , less than 10 employees and whose annual turnover and / or annual balance sheet total does not exceed eur 2 million where they shall apply [ the first day of the month 5 years after the entry into force ] . ### articles 29 to 34 shall apply from [ the first day of the month 3 years after the entry into force ] except in the case of foods labelled by food business operators with , on the date of entry into force , less than 50 employees and whose annual turnover and / or annual balance sheet total does not exceed eur 2 million where they shall apply [ the first day of the month 5 years after the entry into force ] . foods placed on the market prior to the entry into force of this regulation which do not comply with its provisions may be marketed until their expiry date , but not beyond 31 december 2011 .


### without prejudice to specific community legislation applicable to particular foods as regards to the requirements referred to in article 9 to , when appearing on the package or on the label attached thereto , the mandatory particulars listed in article&#160 ; 9 shall be printed on the package or on the label in characters of a font size of at least 3 mm and shall be presented in a way so as to ensure a significant contrast between the print and background . ### without prejudice to specific community legislation applicable to particular foods as regards the requirements referred to in article 9 to , the mandatory particulars listed in article&#160 ; 9 shall be printed on the package or on the label in a way which ensures that they are clearly legible .


### the mandatory nutrition declaration shall be expressed , as appropriate , as a percentage of the reference intakes set out in part b of annex xi in relation to per 100 g or per 100 ml or per portion . when provided , the declaration on vitamins and minerals shall also be expressed as a percentage of the reference intakes set out in point 1 of part a of annex xi . ### voluntary additional labelling indicating nutrition values shall be provided in table format , with the values expressed as a percentage of the reference intakes set out in part b of annex xi per 100 g or per 100 ml and , pursuant to article 31 , per portion . when provided , labelling indications concerning vitamins and minerals shall , at a minimum , be expressed as a percentage of the reference intakes set out in point 1 of part a of annex xi .


### the amount of energy and nutrients referred to in paragraph 1 shall be expressed per 100 g or per 100 ml or , subject to article 32 and , per portion . ### the amount of energy and nutrients referred to in paragraph 1 shall be expressed per 100 g or per 100 ml . in addition , the amount of energy and nutrients may be expressed per portion . if the food is prepacked in individual portions , the energy and nutrition values referred to in paragraph 1 must also be indicated . in cooperation with food enterprises and the competent authorities of the member states , the commission shall develop guidelines for the indication of realistic portion sizes . such measures , designed to amend non - essential elements of this regulation , shall be adopted in accordance with the procedure referred to in article 290 of the treaty on the functioning of the european union . if information is provided per portion , the number of portions which the package contains must be indicated , the portion size must be realistic and it must be presented or explained in a manner which is comprehensible to the average consumer .


### there is public interest in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs . the commission white paper on a strategy for europe on nutrition , overweight and obesity related health issues noted that nutrition labelling is an important tool to inform consumers about the composition of the foods and help them make an informed choice . the eu consumer policy strategy 2007 - 2013 underlined that allowing consumers to make informed choice is essential both to effective competition and consumer welfare . knowledge of the basic principles of nutrition and appropriate nutrition information on foods would contribute significantly towards enabling the consumer to make such an informed choice . ### there is public interest in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs . the commission white paper on a strategy for europe on nutrition , overweight and obesity related health issues noted that nutrition labelling is one method of informing consumers about the composition of the foods and of helping them make an informed choice . education and information campaigns run by member states are an important mechanism for improving consumer understanding of nutrition information . the eu consumer policy strategy 2007 - 2013 underlined that allowing consumers to make informed choice is essential both to effective competition and consumer welfare . knowledge of the basic principles of nutrition and appropriate nutrition information on foods would contribute significantly towards enabling the consumer to make such an informed choice . to this end , training programmes should be funded which would enable european citizens to acquire knowledge or enhance their knowledge of this subject . this could also be achieved by means of on - line information and education programmes . in this way , consumers would have all the tools they need to make a fully informed choice .


### the mandatory nutrition declaration shall be expressed , as appropriate , as a percentage of the reference intakes set out in part b of annex xi in relation to per 100 g or per 100 ml or per portion . when provided , the declaration on vitamins and minerals shall also be expressed as a percentage of the reference intakes set out in point 1 of part a of annex xi . ### voluntary additional labelling to indicate nutrition values shall be executed in table form , expressing the values as a percentage of the reference intakes set out in part b of annex xi per 100 g or per 100 ml and , pursuant to article 31 , per portion . when provided , labelling indications concerning vitamins and minerals shall at the minimum be expressed as a percentage of the reference intakes set out in point 1 of part a of annex xi .


### the name or business name and address of the manufacturer or packager , or of a seller established within the community ; ### the name or business name and address of the manufacturer established within the community or of the packager or the importer ;


### it is also important to provide consumers with information on the other alcoholic beverages . specific community rules already exist on the labelling of wine . council regulation no 1493 / 1999 of 17 may 1999 on the common organisation of the market in wine provides an exhaustive set of technical standards which fully cover all oenological practices , manufacturing methods and means of presentation and labelling of wines , thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed . in particular , this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process , together with the conditions for their use via a positive list of oenological practices and treatments ; any practice not included in this list is prohibited . therefore , it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration . as regards beer and spirits as defined in article 2 of regulation no . [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 89 , and in order to ensure a consistent approach and coherence with the conditions established for wine , the same kind of exemptions shall apply . however , the commission will produce a report after five years of the entry into force of this regulation and may propose , if necessary , specific requirements in the context of this regulation . ### it is also important to provide consumers with information on alcoholic beverages . specific community rules already exist on the labelling of wine . council regulation no 1493 / 1999 of 17 may 1999 on the common organisation of the market in wine provides an exhaustive set of technical standards which fully cover all oenological practices , manufacturing methods and means of presentation and labelling of wines , thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed . in particular , this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process , together with the conditions for their use via a positive list of oenological practices and treatments ; any practice not included in this list is prohibited . therefore , it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration . as regards beer , liqueur wines , sparkling wines , aromatised wines and similar products obtained from fruits other than grapes , fruit beer and spirits as defined in article 2 of regulation no 110 / 2008 of the european parliament and of the council of 15 january 2008 on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and alcoholic mixed beverages1 , and in order to ensure a consistent approach and coherence with the conditions established for wine , the same kind of exemptions should apply . however , the commission will produce a report after five years of the entry into force of this regulation and may propose , if necessary , specific requirements in the context of this regulation . ____________________ 1oj l 39 , 13 . 2 . 2008 , p . 16 .


### food information law should provide sufficient flexibility to be able to keep up to date with new information requirements from consumers and ensure a balance between the protection of the internal market and the differences in the perception of consumers in the member states . ### food information law should provide sufficient flexibility to be able to keep up to date with new information requirements from consumers and ensure that innovation in the food industry is not blocked . the possibility of voluntary additional information provided by food business operators ensures additional flexibility .


### without prejudice to specific community legislation applicable to particular foods as regards to the requirements referred to in article 9 to , when appearing on the package or on the label attached thereto , the mandatory particulars listed in article&#160 ; 9 shall be printed on the package or on the label in characters of a font size of at least 3mm and shall be presented in a way so as to ensure a significant contrast between the print and background . ### without prejudice to specific community legislation applicable to particular foods as regards to the requirements referred to in article 9 to , the mandatory particulars listed in article 9 shall be printed on the package or on the label in a clearly legible manner with regard to font , colour and contrast .


### in the case of packaging or containers the largest surface of which has an area of less than 10 cm2 only the particulars listed in article 9 , , and shall be mandatory on the package or on the label . the particulars referred to in article 9 shall be provided through other means or shall be available at the request of the consumer . ### in the case of packaging or containers the largest printable surface of which has an area of less than 80 cm2 only the particulars listed in article 9 , , and and article 29 shall be mandatory on the package or on the label . provision of further particulars on the package shall be possible on a voluntary basis . the particulars referred to in article 9 shall be provided through other means or shall be available at the request of the consumer .


### mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible , clearly legible and , where appropriate , indelible . it shall not in any way be hidden , obscured , detracted from or interrupted by any other written or pictorial matter or any other intervening material . ### mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible , clearly legible and , where appropriate , indelible . it shall not in any way be hidden , obscured , or interrupted by any other written or pictorial matter , any other intervening material or the food packaging itself , for example an adhesive hinge .


### for the purposes of point , the value of outstanding contracts shall be marked - to - market on a daily basis and risk management procedures shall require the timely , accurate and appropriately segregated exchange of collateral or the appropriate and proportionate holding of capital . ### for the purposes of point , the value of outstanding contracts shall be marked - to - market on a daily basis and risk management procedures shall require the timely and accurate exchange of an appropriate amount of collateral or compliance with proportionate regulatory capital requirements , in each case where appropriate and in respect of the net exposures between the parties . financial counterparties and the non - financial counterparties referred to in article 7 must offer counterparties the option of segregation of initial margin at the outset of the contract .


### ’financial counterparty ' means investment firms as set out in directive 2004 / 39 / ec , credit institutions as defined in directive 2006 / 48 / ec , insurance undertakings as defined in directive 73 / 239 / eec , assurance undertakings as defined in directive 2002 / 83 / ec , reinsurance undertakings as defined in directive 2005 / 68 / ec , undertakings for collective investments in transferable securities as defined in directive 2009 / 65 / ec , institutions for occupational retirement provision as defined in directive 2003 / 41 / ec and alternative investment funds managers as defined in directive 2010 / . . . / eu ; ### ' financial counterparty ' means investment firms as set out in authorised under directive 2004 / 39 / ec , credit institutions as defined in authorised under directive 2006 / 48 / ec , insurance undertakings as defined in authorised under directive 73 / 239 / eec , assurance undertakings as defined in authorised under directive 2002 / 83 / ec , reinsurance undertakings as defined in authorised under directive 2005 / 68 / ec , undertakings for collective investments in transferable securities as defined authorised under directive 2009 / 65 / ec , institutions for occupational retirement provision as defined in directive 2003 / 41 / ec and alternative investment funds managers as defined in authorised under directive 2010 / . . . / eu and to branches in the union of undertakings established outside the union that would require to be so authorised if they were within the union other than an investment fund whose sole investment policy is to develop or invest in physical real estate or other liability driven investment funds whose exemption is approved by esma ;


### ’class of derivatives ' means a number of otc derivative contracts that share common , essential characteristics ; ### ' class of derivatives ' means a number of otc derivative contracts that share sufficient common , essential characteristics to behave in the same way ;


### a financial counterparty shall clear all otc derivative contracts which are considered eligible pursuant to article 4 and are concluded with other financial counterparties in the relevant ccps listed in the register as referred to in article 4 . ### a financial counterparty shall clear all derivative contracts which are considered eligible pursuant to article 4 and are concluded with other financial counterparties in the relevant ccps listed in the register as referred to in article 4 .


### that clearing obligation shall also apply to financial counterparties and to the non - financial counterparties referred to in article 7 which enter into eligible otc derivative contracts with third country entities . ### that clearing obligation shall also apply to financial counterparties and to the non - financial counterparties referred to in article 7 which enter into eligible derivative contracts with third country entities .


### where a non - financial counterparty takes positions in otc derivative contracts exceeding the clearing threshold to be determined pursuant to paragraph 3 , it shall be subject to the clearing obligation set out in article 3 with regard to all its eligible otc derivative contracts . ### where a non - financial counterparty takes positions in derivative contracts , which , at the time the position is taken , exceed the clearing threshold to be determined pursuant to paragraph 3 , it shall be subject to the clearing obligation set out in article 3 with regard to all its eligible derivative contracts .


### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . when establishing the threshold for the clearing obligation , esma should consult all relevant authorities , as for example regulators responsible for commodity markets , in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector . ### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the size of the exposures that it has in those instruments . when establishing the threshold for the clearing obligation , esma should consult all relevant authorities , as for example regulators responsible for commodity markets , in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector as well as risk management practices that they use for such instruments and access to transparent prices for valuation purposes .


### esma , in consultation with the european systemic risk board and other relevant authorities , shall submit drafts for those regulatory standards to the commission by 30 june 2012 at the latest . ### esma , in consultation with the eba , the european systemic risk board and other relevant authorities , shall submit drafts for that regulatory standard to the commission by 30 june 2012 at the latest


### ' over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market as defined by article 4 point 14 of directive 2004 / 39 / ec ; ### ' over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market or multilateral trading facility as defined by article 4 point 14 and 15 of directive 2004 / 39 / ec or a third country trading facility that performs a similar function ;


### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . when establishing the threshold for the clearing obligation , esma should consult all relevant authorities , as for example regulators responsible for commodity markets , in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector . ### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . one means of assessing whether a non financial counterparty is using otc contracts to cover themselves against commercial risks directly linked to their commercial activities could be through their annual audit . when establishing the threshold for the clearing obligation , esma should consult all relevant authorities , as for example regulators responsible for commodity markets , in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector .


### a ccp shall only accept highly liquid collateral with minimal credit and market risk to cover its exposure to its clearing members . it shall apply adequate haircuts to asset values that reflect the potential for their value to decline over the interval between their last revaluation and the time by which they can reasonably be assumed to be liquidated . it shall take into account the liquidity risk following the default of a market participant and the concentration risk on certain assets that may result in establishing the acceptable collateral and the relevant haircuts . ### a ccp shall accept highly liquid collateral with minimal credit and market risk to cover its exposure to its clearing members . it shall apply adequate haircuts to asset values that reflect the potential for their value to decline over the interval between their last revaluation and the time by which they can reasonably be assumed to be liquidated . it shall take into account the liquidity risk following the default of a market participant and the concentration risk on certain assets that may result in establishing the acceptable collateral and the relevant haircuts . for non - financial counterparties , ccps may accept bank guarantees .


### a trade repository shall publish aggregate positions by class of derivatives on the contracts reported to it . ### a trade repository shall , at regular intervals and in an easily accessible way , publish aggregate positions by class of derivatives on the contracts reported to it


### member states shall lay down the rules on penalties applicable to infringements of the rules under this title and shall take all measures necessary to ensure that they are implemented . those penalties shall include at least administrative fines . the penalties provided for shall be effective , proportionate and dissuasive . ### member states shall lay down the rules on penalties applicable to infringements of the rules under this title by persons established in or acting through a branch in their territory , and shall take all measures necessary to ensure that they are implemented . those penalties shall include at least administrative fines . the penalties provided for shall be effective , proportionate and dissuasive , and take account of the steps taken to ensure compliance .


### ’over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market as defined by article 4 point 14 of directive 2004 / 39 / ec ; ### ' over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market or multilateral trading facility as defined by article 4 point 14 or 15 of directive 2004 / 39 / ec or a third country trading facility that performs a similar function ;


### where possible , electronic means ensuring the timely confirmation of the terms of the otc derivative contract ; ### where possible , electronic means ensuring the timely confirmation of the terms of the otc derivative contract and robust processes for timely identification , resolution , and correction of any booking inaccuracies ;


### a trade repository shall publish aggregate positions by class of derivatives on the contracts reported to it . ### a trade repository shall publish only aggregate positions by class of derivatives on the contracts reported to it .


### where a trade repository is not able to record the details of an otc derivative contract , financial counterparties shall report the details of their positions in those contracts to the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec . ### where a trade repository is not able to record the details of a derivative contract , counterparties shall report the details of their positions in those contracts to the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec .


### availability of pricing information ; ### the availability of pricing information in the relevant class of derivative contract ;


### before taking a decision , esma shall conduct a public consultation and , where appropriate , consult with the competent authorities of third countries . ### before taking a decision , esma may , where appropriate , conduct a public consultation and consult with the escb , the esrb , the eba and the competent authorities of third countries .


### ' financial counterparty ' means investment firms as set out in directive 2004 / 39 / ec , credit institutions as defined in directive 2006 / 48 / ec , insurance undertakings as defined in directive 73 / 239 / eec , assurance undertakings as defined in directive 2002 / 83 / ec , reinsurance undertakings as defined in directive 2005 / 68 / ec , undertakings for collective investments in transferable securities as defined in directive 2009 / 65 / ec , institutions for occupational retirement provision as defined in directive 2003 / 41 / ec and alternative investment funds managers as defined in directive 2010 / . . . / eu ; ### ' financial counterparty ' means an undertaking established in the union that is an investment firm authorised under directive 2004 / 39 / ec , a credit institution authorised under directive 2006 / 48 / ec , an insurance undertaking authorised under directive 73 / 239 / eec , an assurance undertaking authorised under directive 2002 / 83 / ec , a reinsurance undertaking as authorised under directive 2005 / 68 / ec , an undertaking authorised for collective investments in transferable securities authorised under directive 2009 / 65 / ec , institutions for occupational retirement provision subject of the requirements of directive 2003 / 41 / ec , or an alternative investment fund that is an eu alternative investment fund managed by an eu manager of alternative investment funds , within the meaning of directive 2010 / . . . / eu ;


### a ccp shall only accept highly liquid collateral with minimal credit and market risk to cover its exposure to its clearing members . it shall apply adequate haircuts to asset values that reflect the potential for their value to decline over the interval between their last revaluation and the time by which they can reasonably be assumed to be liquidated . it shall take into account the liquidity risk following the default of a market participant and the concentration risk on certain assets that may result in establishing the acceptable collateral and the relevant haircuts . ### a ccp shall accept highly liquid collateral , such as cash , government and high quality corporate bonds , with minimal credit and market risk to cover its initial and ongoing exposure to its clearing members . it shall apply adequate haircuts to asset values that reflect the potential for their value to decline over the interval between their last revaluation and the time by which they can reasonably be assumed to be liquidated . it shall take into account the liquidity risk following the default of a market participant and the concentration risk on certain assets that may result in establishing the acceptable collateral and the relevant haircuts .


### where a non - financial counterparty takes positions in otc derivative contracts exceeding the clearing threshold to be determined pursuant to paragraph 3 , it shall be subject to the clearing obligation set out in article 3 with regard to all its eligible otc derivative contracts . ### where a non - financial counterparty takes positions in derivative contracts such that the average position over 90 days exceeds the threshold to be determined pursuant to paragraph 3 , it shall be subject to the clearing obligation set out in article 3 with regard to all its eligible derivative contracts .


### for the calendar year commencing 1 january 2014 and each subsequent calendar year , each manufacturer of light commercial vehicles shall ensure that its average specific emissions of co2 do not exceed its specific emissions target determined in accordance with annex i or , where a manufacturer is granted a derogation under article 10 , in accordance with that derogation . for the purpose of determining each manufacturer ' s specific emissions of co2 , the following percentages of each manufacturer ' s new light commercial vehicles registered in the relevant year shall be taken into account : – 75% in 2014 , – 80% in 2015 , – 100% from 2016 onwards . ### for the calendar year commencing 1 january 2015 and each subsequent calendar year , each manufacturer of complete light commercial vehicles shall ensure that its average specific emissions of co2 do not exceed its specific emissions target determined in accordance with annex i or , where a manufacturer is granted a derogation under article 10 , in accordance with that derogation . for the purpose of determining each manufacturer ' s specific emissions of co2 , the following percentages of each manufacturer ' s new light commercial vehicles registered in the relevant year shall be taken into account : – 65% in 2015 , – 75% in 2016 , – 80% in 2017 , – 100% from 2018 onwards . as of 1 january 2016 completed vehicles shall also be included in determining each manufacturer’s average specific co2 emissions .


### for the calendar year commencing 1 january 2014 and each subsequent calendar year , each manufacturer of light commercial vehicles shall ensure that its average specific emissions of co2 do not exceed its specific emissions target determined in accordance with annex i or , where a manufacturer is granted a derogation under article 10 , in accordance with that derogation . for the purpose of determining each manufacturer ' s specific emissions of co2 , the following percentages of each manufacturer ' s new light commercial vehicles registered in the relevant year shall be taken into account : – 75% in 2014 , – 80% in 2015 , – 100% from 2016 onwards . ### for the calendar year commencing 1 january 2015 and each subsequent calendar year , each manufacturer of complete light commercial vehicles shall ensure that its average specific emissions of co2 do not exceed its specific emissions target determined in accordance with annex i or , where a manufacturer is granted a derogation under article 10 , in accordance with that derogation . for the purpose of determining each manufacturer ' s specific emissions of co2 , the following percentages of each manufacturer ' s new light commercial vehicles registered in the relevant year shall be taken into account : – 75% in 2015 , – 80% in 2016 , – 100% from 2018 onwards . as of 1 january 2016 completed vehicles shall also be included in determining each manufacturer’s average specific co2 emissions .


### for the calendar year commencing 1 january 2014 and each subsequent calendar year , each manufacturer of light commercial vehicles shall ensure that its average specific emissions of co2 do not exceed its specific emissions target determined in accordance with annex i or , where a manufacturer is granted a derogation under article 10 , in accordance with that derogation . ### for the calendar year commencing 1 january 2015 and each subsequent calendar year , each manufacturer of light commercial vehicles shall ensure that its average specific emissions of co2 do not exceed its specific emissions target determined in accordance with annex i or , where a manufacturer is granted a derogation under article 10 , in accordance with that derogation .


### in calculating the average specific emissions of co2 , each new light commercial vehicle with specific emissions of co2 of less than 50 g co2 / km shall be counted as : - 2 , 5 light commercial vehicles in 2014 - 1 , 5 light commercial vehicles in 2015 - 1 light commercial vehicle from 2016 . ### in calculating the average specific emissions of co2 , each new light commercial vehicle with specific emissions of co2 of less than 50% of their vehicle specific co2 target in accordance with annex i , shall be counted as : - 2 light commercial vehicles from 2015 to 2025 .


### by 28 february of each year , commencing in 2013 , each member state shall determine and transmit to the commission the information listed in part b of annex ii in respect of the preceding calendar year . the data shall be transmitted in accordance with the format specified in part c of annex ii . ### by 28 february of each year , commencing in 2014 , each member state shall determine and transmit to the commission the information listed in part b of annex ii in respect of the preceding calendar year . the data shall be transmitted in accordance with the format specified in part c of annex ii .


### for the purpose of determining each manufacturer ' s specific emissions of co2 , the following percentages of each manufacturer ' s new light commercial vehicles registered in the relevant year shall be taken into account : – 75% in 2014 , – 80% in 2015 , – 100% from 2016 onwards . ### for the purpose of determining each manufacturer’s specific emissions of co2 , the following percentages of each manufacturer’s new light commercial vehicles registered in the relevant year shall , starting in 2015 , be taken into account : - 65% in 2015 , – 75% in 2016 , – 80% in 2017 , – 100% from 2018 onwards .


### the commission shall by 2015 review the method of determining the specific emissions of co2 of completed vehicles in paragraph 7 of part b of annex ii and , if appropriate , submit a proposal to the european parliament and to the council to amend annex ii . ### the commission shall by 2014 submit a proposal for a method of determining the specific emissions of co2 of completed vehicles to the european parliament and to the council .


### from 2020 , this regulation sets a target of 135 g co2 / km for the average emissions of new light commercial vehicles registered in the community . ### this regulation sets a target of 160g co2 / km , starting in 2020 , as average emissions for the new light commercial vehicles fleet , in accordance with article 12 . this regulation sets a target of 145g co2 / km , starting in 2025 , as average emissions for the new light commercial vehicles fleet , in accordance with article 12 .


### the commission shall keep a central register of the data reported by member states under this article and this register shall be publicly available . by 30 june 2013 and each subsequent year , the commission shall provisionally calculate for each manufacturer : ### the commission shall keep a central register of the data reported by member states under this article and this register shall be publicly available . by 30 june 2014 and each subsequent year , the commission shall provisionally calculate for each manufacturer :


### in respect of the period 1 january 2014 and every calendar year thereafter , the commission shall impose an excess emissions premium on a manufacturer or pool manager , as appropriate , where a manufacturer ' s average specific emissions of co2 exceed its specific emissions target . ### in respect of the period 1 january 2015 and every calendar year thereafter , the commission shall impose an excess emissions premium on a manufacturer or pool manager , as appropriate , where a manufacturer ' s average specific emissions of co2 exceed its specific emissions target .


### the indicative specific emissions of co2 for each light commercial vehicle , measured in grams per kilometre , shall be determined in accordance with the following formulae : from 2014 to 2017 : indicative specific emissions of co2 = 175 + a × where : m = mass of the vehicle in kilograms m0 = 1706 , 0 a = 0 , 093 from 2018 : indicative specific emission of co2 = 175 + a × where : m = mass of the vehicle in kilograms m0 = the value adopted pursuant to article 12 a = 0 , 093 ### the specific emissions of co2 for each light commercial vehicle , measured in grams per kilometre , shall be determined in accordance with the following formulae : specific emissions of co2 = 175 + a × where : m = mass of the vehicle in kilograms m0 = 1706 , 0 a = 0 , 093


### manufacturers ' compliance with the targets under this regulation should be assessed at the community level . manufacturers whose average specific emissions of co2 exceed those permitted under this regulation should pay an excess emissions premium with respect to each calendar year from 1 january 2014 . the premium should be modulated as a function of the extent to which manufacturers fail to comply with their target . in order to ensure consistency , the premium mechanism should be similar to the one set in regulation no 443 / 2009 . the amounts of the excess emissions premium should be considered as revenue in the general budget of the european union . ### . manufacturers ' compliance with the targets under this regulation should be assessed at the community level . manufacturers whose average specific emissions of co2 exceed those permitted under this regulation should pay an excess emissions premium with respect to each calendar year from 1 january 2015 . the amounts of the excess emissions premium should be considered as revenue in the general budget of the european union .


### by 31 october 2013 and 31 october each subsequent year , the commission shall publish a list indicating for each manufacturer : ### by 31 october 2014 and 31 october each subsequent year , the commission shall publish a list indicating for each manufacturer :


### having regard to the treaty establishing the european community , and in particular article 175 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 192 thereof ,


### for the calendar year commencing 1 january 2012 and each subsequent calendar year , each member state shall record information for each new light commercial vehicle registered in its territory in accordance with part a of annex ii . this information shall be made available to the manufacturers and their designated importers or representatives in each member state . member states shall make every effort to ensure that reporting bodies operate in a transparent manner . ### for the calendar year commencing 1 january 2013 and each subsequent calendar year , each member state shall record information for each new light commercial vehicle registered in its territory in accordance with part a of annex ii . this information shall be made available to the manufacturers and their designated importers or representatives in each member state . member states shall make every effort to ensure that reporting bodies operate in a transparent manner .


### in relation to the calendar year 2012 and 2013 and on the basis of the calculations performed pursuant to paragraph 5 , the commission shall notify a manufacturer where it appears to the commission that the manufacturer ' s average specific emissions of co2 exceed its specific emissions target . ### in relation to the calendar year 2013 and 2014 and on the basis of the calculations performed pursuant to paragraph 5 , the commission shall notify a manufacturer where it appears to the commission that the manufacturer ' s average specific emissions of co2 exceed its specific emissions target .


### for the year beginning 1 january 2011 and each subsequent year , member states shall record the following details for each new light commercial vehicle registered in its territory : ### for the year beginning 1 january 2013 and each subsequent year , member states shall record the following details for each new light commercial vehicle registered in its territory :


### those measures , designed to amend non - essential elements of this regulation , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 13 . ### the european commission shall make a proposal to the european parliament and council on those measures , designed to amend essential elements of this regulation .


### in respect of the period 1 january 2014 and every calendar year thereafter , the commission shall impose an excess emissions premium on a manufacturer or pool manager , as appropriate , where a manufacturer ' s average specific emissions of co2 exceed its specific emissions target . ### in respect of the period 1 january 2015 and every calendar year thereafter , the commission shall impose an excess emissions premium on a manufacturer or pool manager , as appropriate , where a manufacturer ' s average specific emissions of co2 exceed its specific emissions target . the excess emissions premiums shall be similar to premiums paid in other sectors under the european emission trading scheme .


### for the calendar year commencing 1 january 2011 and each subsequent calendar year , each member state shall determine , in accordance with the methods set out in part b , for each manufacturer : ### for the calendar year commencing 1 january 2013 and each subsequent calendar year , each member state shall determine , in accordance with the methods set out in part b , for each manufacturer :


### the commission shall by 31 december 2012 , adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in article 13 . those detailed provisions shall be based on the following criteria for innovative technologies : ### the commission shall by 31 december 2012 , adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in article 13 . those detailed provisions shall be in accordance with the provisions established according article 12 , paragraph 2 , of the regulation 443 / 2009 and be based on the following criteria for innovative technologies :


### enable the decarbonisation of all transport modes by stimulating energy efficiency as well as the introduction of alternative propulsion systems and the provision of corresponding infrastructure . such infrastructure may include grids and other facilities necessary for the energy supply , take account of the infrastructure – vehicle interface and encompass intelligent transport systems ; ### support the decarbonisation of all transport modes by stimulating energy efficiency as well as the introduction of alternative propulsion systems and the provision of corresponding infrastructure . such infrastructure may include grids and other facilities necessary for the energy supply , take account of the infrastructure – vehicle interface and encompass intelligent transport systems ;


### surveys show that public authorities often require contractual payment periods for commercial transactions that are significantly longer than 30 days . therefore , payment periods for procurement contracts awarded by public authorities should be as a general rule limited to a maximum of 30 days . ### experience shows that contractual payment periods for commercial transactions are often significantly longer than 30 days . therefore , payment periods in commercial transactions should be as a general rule limited to a maximum of 30 days ; in cases where longer payment periods are duly justified in accordance with the principle of necessity or with special provisions of national law and where an explicit agreement has been made between the debtor and the creditor , the payment period could be extended to a maximum of 60 days .


### if the date or period for payment is not fixed in the contract , interest for late payment shall become payable automatically within any of the following time limits 30 days following the date of receipt by the debtor of the invoice or an equivalent request for payment ; if the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services , 30 days after the receipt of the goods or services ; if a procedure of acceptance or verification , by which the conformity of the goods or services with the contract is to be ascertained , is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place , 30 days after that date . ### if the date or period for payment is not fixed in the contract , interest for late payment shall become payable automatically within any of the following time limits 60 days following the date of receipt by the debtor of the invoice or an equivalent request for payment ; if the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services , 60 days after the receipt of the goods or services ; if a procedure of acceptance or verification , by which the conformity of the goods or services with the contract is to be ascertained , is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place , 60 days after that date .


### surveys show that public authorities often require contractual payment periods for commercial transactions that are significantly longer than 30 days . therefore , payment periods for procurement contracts awarded by public authorities should be as a general rule limited to a maximum of 30 days . ### surveys show that public authorities often require contractual payment periods for commercial transactions that are significantly longer than 30 calendar days . however , public authorities are required to set an example and , on the basis of their authorised budgets , are in a position to meet their payment obligations at any time . therefore , payment periods for procurement contracts awarded by public authorities should be as a general rule limited to a maximum of 30 calendar days . derogations from this principle should be possible only in cases where the genuine need for a longer payment period can be duly substantiated . on no account should the payment period exceed 60 calendar days , however .


### interest in case of late payment ### interest in case of late payment in commercial transactions between undertakings


### to allow air carriers to adapt to imperative situations of urgency , such as a marked decline in traffic or an economic crisis that severely affects the activity of air carriers , affecting a lager part of the scheduling period , the commission should be allowed to adopt urgent measures to ensure the consistency of measures to be taken at coordinated airports . these measures will allow air carriers to retain priority in allocating the same series for the following scheduling period even if the 85% rate has not been met . ### to allow air carriers to adapt to imperative situations of urgency , such as a marked decline in traffic or an economic crisis that severely affects the activity of air carriers , affecting a lager part of the scheduling period , the commission should be allowed to adopt urgent measures to ensure the consistency of measures to be taken at coordinated airports . these measures will allow air carriers to retain priority in allocating the same series for the following scheduling period even if the 80% rate has not been met .


### remaining available slots with respect to each type of constraint taken into consideration in the coordination parameters . the database shall allow the air carriers to verify the availability of slots corresponding to their requests ; ### remaining available slots with respect to each type of constraint taken into consideration in the coordination parameters . the database shall allow the air carriers and airports to verify their availability ;


### at the end of each scheduling period , the coordinator or schedules facilitator shall submit to the member states concerned and to the commission an activity report describing the general slot allocation and / or schedules facilitation situation , examining , in particular , the application of article 9 and articles 13 and 18 , as well as any complaints regarding the application of articles 9 and 10 submitted to the coordination committee and the steps taken to resolve them . the report shall also contain the results of a survey conducted among the interested parties on the quality of services provided by the coordinator . ### at the end of each scheduling period , the coordinator or schedules facilitator shall submit to the member states concerned , to the commission and to all parties involved in their financing an activity report describing the general slot allocation and / or schedules facilitation situation , examining , in particular , the application of article 9 and articles 13 and 18 , as well as any complaints regarding the application of articles 9 and 10 submitted to the coordination committee and the steps taken to resolve them . it shall also contain the results of a survey conducted among the interested parties on the quality of services provided by the coordinator and the schedules facilitator . the coordinator and the schedules facilitor shall furthermore submit to the commission , member states and all parties involved in their financing an annual financial report indicating in detail revenue and expenditure relating to their activities . the financial report produced by the the coordinator shall also contain information on financial flows derived from the sale of slots as referred to in article 13 of this regulation .


### that air carrier can demonstrate to the satisfaction of the coordinator that the series of slots in question has been operated , as cleared by the coordinator , by that air carrier for at least 85 % of the time during the scheduling period for which it has been allocated . ### that air carrier can demonstrate to the satisfaction of the coordinator that the series of slots in question has been operated , as cleared by the coordinator , by that air carrier for at least 80 % of the time during the scheduling period for which it has been allocated .


### if the 85 % usage of the series of slots cannot be demonstrated , the priority provided under paragraph shall not be given , unless the non - utilisation can be justified on the basis of any of the following reasons : ### if the 80 % usage of the series of slots cannot be demonstrated , the priority provided under paragraph shall not be given , unless the non - utilisation can be justified on the basis of any of the following reasons :


### air carriers operating or intending to operate at a schedules facilitated or coordinated airport belonging to the network shall submit to the schedules facilitator or coordinator all relevant information requested by them . if this information changes , the air carriers shall inform the schedules facilitator and the coordinator as soon as possible . all relevant information shall be provided in the format and within the time - limit specified by the schedules facilitator or coordinator . in particular , an air carrier shall inform the coordinator , at the time of the request for allocation , whether it would benefit from the status of new entrant , in accordance with article&#160 ; 2 , in respect of requested slots . ### air carriers operating or intending to operate at a schedules facilitated or coordinated airport shall submit to the schedules facilitator or coordinator all relevant information requested by them . if this information changes , the air carriers shall inform the schedules facilitator and the coordinator as soon as possible . all relevant information shall be provided in the format and within the time - limit specified by the schedules facilitator or coordinator . in particular , an air carrier shall inform the coordinator , at the time of the request for allocation , whether it would benefit from the status of new entrant , in accordance with article&#160 ; 2 , in respect of requested slots and whether it is affiliated to other carriers operating at the same airport , in order to ensure that it cannot unjustifiably aquire this status .


### the flight plans and the slots should be better matched to better exploit airport capacity and improve flight punctuality . ### in order to optimise available airport capacity , it is necessary to adopt procedures to ensure that flight plans and slots are better matched .


### where public service obligations have been imposed on a route in accordance with article 16 of regulation no 1008 / 2008 , a member state may reserve the slots required for the operations envisaged on that route at a coordinated airport . if the reserved slots on the route concerned are not used , they shall be made available to any other air carrier interested in operating the route in accordance with the public service obligations , subject to paragraph&#160 ; 2 . if no other carrier is interested in operating the route and the member state concerned does not issue a call for tenders under article 16 , article&#160 ; 17 to , and article&#160 ; 18 of regulation no&#160 ; 1008 / 2008 , the slots shall either be reserved for another route subject to public service obligations or be returned to the pool . ### where public service obligations have been imposed on a route in accordance with article 16 of regulation no 1008 / 2008 , a member state shall reserve the slots required for the operations envisaged on that route at a coordinated airport . if the reserved slots on the route concerned are not used , they shall be made available to any other air carrier interested in operating the route in accordance with the public service obligations , subject to paragraph&#160 ; 2 . if no other carrier is interested in operating the route and the member state concerned does not issue a call for tenders under article 16 , article&#160 ; 17 to , and article&#160 ; 18 of regulation no&#160 ; 1008 / 2008 , the slots shall either be reserved for another route subject to public service obligations or be returned to the pool .


### the power to adopt delegated acts should be delegated to the commission , in accordance with article 290 of the treaty on the functioning of the european union , in order to lay down the methods for developing a study on capacity and demand . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . ### the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission .


### the slot - allocation system established in 1993 does not ensure the optimum allocation and use of slots and thus of airport capacity . in the context of growing airport congestion and the limited development of major new airport infrastructure , the slots are a rare resource . access to such resources is of crucial importance for the provision of air transport services and for the maintenance of effective competition . to this end , the allocation and use of slots could be made more effective by introducing market mechanisms , by ensuring that the unused slots are made available to interested operators as soon as possible and in a transparent manner , and by reinforcing the underlying principles of the system with regard to the allocation , management and use of the slots . at the same time , although the historical slots meet the need for stability in schedules for the airlines , during the future assessment of the application of this regulation , a gradual introduction of other market mechanisms could be envisaged , such as withdrawing and auctioning historical slots . ### the slot - allocation system established in 1993 does not ensure the optimum allocation and use of slots and thus of airport capacity . in the context of growing airport congestion and the limited development of major new airport infrastructure , the slots are a rare resource . access to such resources is of crucial importance for the provision of air transport services and for the maintenance of effective competition . to this end , the allocation and use of slots could be made more effective by introducing slot exchange mechanisms , by ensuring that the unused slots are made available to interested operators as soon as possible and in a transparent manner , and by reinforcing the underlying principles of the system with regard to the allocation , management and use of the slots .


### the member state shall establish a transparent framework to allow contact between air carriers interested in transferring or exchanging slots in conformity with union law . ### the coordinator shall establish a transparent framework to allow contact between air carriers interested in transferring or exchanging slots in conformity with union law .


### experience shows that a significant number of slots are returned to the pool too late to be reallocated effectively . the airport managing body should be encouraged to use the airport charge system to discourage this type of behaviour . despite having recourse to this mechanism , the airport managing body should not , however , discourage air carriers from entering the market or developing services . ### experience shows that a significant number of slots are returned to the pool too late to be reallocated effectively . penalty mechanisms should be introduced to discourage this type of behaviour . despite having recourse to these mechanisms , the airport managing body should not , however , discourage air carriers from entering the market or developing services .


### the financing referred to under point shall be provided by the air carriers who operate in the coordinated airports and by the airports in such a way as to ensure that the financial burden is distributed equitably among all interested parties and that the financing does not largely depend on a sole interested party . the member states shall ensure that the financial , human , technical and material resources and expertise required by the coordinator for carrying out his duties are at his disposal at all times . ### the financing referred to under point shall be provided by the air carriers who operate in the coordinated airports and schedules facilitated airports and by the airports in such a way as to ensure that the financial burden is distributed equitably among all interested parties and that the financing does not largely depend on a sole interested party . the member states shall ensure that adequate financial , human , technical and material resources and expertise are at the disposal of the coordinator and the schedules facilitator for carrying out their duties at all times .


### without prejudice to article 10 , if the 85 % usage rate as defined in article 10 cannot be achieved by an air carrier , the coordinator may decide to withdraw from that air carrier the series of slots in question for the remainder of the scheduling period and place them in the pool after having consulted the air carrier concerned . ### without prejudice to article 10 , if the 80 % usage rate as defined in article 10 cannot be achieved by an air carrier , the coordinator may decide to withdraw from that air carrier the series of slots in question for the remainder of the scheduling period and place them in the pool after having consulted the air carrier concerned .


### the union should facilitate cooperation between the coordinators and schedules facilitators to allow them to exchange best practices with a view to the establishment of a european coordinator in due course . ### the union should facilitate cooperation between the coordinators and schedules facilitators to allow them to exchange best practices with a view to the establishment of a single coordinator at european level in due course , taking account of progress achieved in the establishment of a single european sky .


### ' series of slots ' shall mean at least 15 slots for a summer scheduling period and 10 slots for a winter scheduling period requested for the same time on the same day of the week for consecutive weeks and allocated by the coordinator on that basis or , if that is not possible , allocated at approximately the same time ; ### ' series of slots ' shall mean at least 5 slots requested for the same time on the same day of the week for consecutive weeks and allocated by the coordinator on that basis or , if that is not possible , allocated at approximately the same time ;


### at a coordinated airport , the member state responsible shall ensure that a coordination committee is set up . the same coordination committee may be designated for more than one airport . membership of this committee shall be open at least to the air carriers using the airport in question regularly and their representative organisations , the managing body of the airport concerned , the relevant air traffic control authorities , the representatives of general aviation using the airport regularly , the network manager , the performance review body and the national supervisory authority of the member state concerned . ### at a coordinated airport , the member state responsible shall ensure that a coordination committee is set up . the same coordination committee may be designated for more than one airport . membership of this committee shall be open at least to the air carriers using the airport in question frequently during the current scheduling season and which have used it / them during the previous scheduling season and their representative organisations , the managing body of the airport concerned , the relevant air traffic control authorities , the representatives of general aviation using the airport regularly , the network manager , the performance review body and the national supervisory authority of the member state concerned . the coordination committee shall have the option of inviting to its meetings other persons directly or indirectly involved in the slot allocation process , as observers . in order for such persons to attend the meetings , their credentials must be communicated to the coordination committee at least seven working days before the meeting .


### without prejudice to article 10 , if after an allotted time corresponding to 15 % of the period of the series validity no slots of that series of slots have been used , the coordinator shall place the series of slots in question in the pool for the remainder of the scheduling period , after having consulted the air carrier concerned . the coordinator may decide to withdraw the series of slots before the end of a period corresponding to 15 % of the period of validity of the series if the carrier does not show that it intends to use them . ### without prejudice to article 10 , if after an allotted time corresponding to 20 % of the period of the series validity no slots of that series of slots have been used , the coordinator shall place the series of slots in question in the pool for the remainder of the scheduling period , after having consulted the air carrier concerned . the coordinator may decide to withdraw the series of slots before the end of a period corresponding to 20 % of the period of validity of the series if the carrier does not show that it intends to use them .


### remaining available slots with respect to each type of constraint taken into consideration in the coordination parameters . the database shall allow the air carriers to verify the availability of slots corresponding to their requests ; ### remaining available slots with respect to each type of constraint taken into consideration in the coordination parameters . the database shall allow the air carriers and airports to verify their availability ;


### the coordinator shall also take into account additional guidelines established by the air transport industry world - wide or union - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity and have been notified in advance to and pre - approved by the commission . the local guidelines may only concern the supervision of the use of slots allocated or the amendment of the definition of the series of slots for reducing its length below 10 slots for the winter scheduling period or below 15 slots for the summer scheduling period , but under no circumstances below 5 slots . the reduction of the length of the series of slots applies only in airports where demand for air services is highly seasonable . ### the coordinator shall also take into account additional guidelines established by the air transport industry union - wide or world - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity and have been notified in advance to and pre - approved by the commission within a reasonable timeframe , especially in urgent circumstances .


### the coordinator shall also take into account additional guidelines established by the air transport industry union - wide or world - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity and have been notified in advance to and pre - approved by the commission . the local guidelines may only concern the monitoring of the use of slots allocated or the amendment of the definition of a series of slots to reduce its length below 10 slots for the winter scheduling period or below 15 slots for the summer scheduling period , but under no circumstances below 5 slots . the reduction of the length of the series of slots applies only at airports where demand for air services is highly seasonable . ### the coordinator shall also take into account additional guidelines established by the air transport industry union - wide or world - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity . local rules concern the allocation and monitoring of slots . these can be applied where performance or throughput improvements can be delivered through locally applied rules , these must be transparent and non - discriminatory .


### the coordinator shall also take into account additional guidelines established by the air transport industry union - wide or world - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity and have been notified in advance to and pre - approved by the commission . the local guidelines may only concern the monitoring of the use of slots allocated or the amendment of the definition of a series of slots to reduce its length below 10 slots for the winter scheduling period or below 15 slots for the summer scheduling period , but under no circumstances below 5 slots . the reduction of the length of the series of slots applies only at airports where demand for air services is highly seasonable . ### the coordinator shall also take into account additional guidelines established by the air transport industry world - wide or union - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity . local rules concern the allocation and monitoring of slots . these can be applied only where it can be proved that an airport reaches an alarming level of congestion and therefore performance or throughput improvements can be delivered through locally applied rules . these must be transparent and non - discriminatory . local rules must be agreed and voted on in the coordination committee after agreement of all parties concerned , as referred to in article 8 paragraph 3 of this regulation .


### where an air carrier fails to provide the information referred to in paragraph 1 , unless it can satisfactorily demonstrate that mitigating circumstances exist , or provides false or misleading information , the coordinator shall not take into consideration the slot request or requests by that air carrier to which the missing , false or misleading information relates . it shall withdraw the series of slots if they were already allocated and / or recommend that penalties be imposed by the competent body under national law . the coordinator shall give that air carrier the opportunity to submit its observations . ### where an air carrier fails to provide the information referred to in paragraph 1 , unless it can satisfactorily demonstrate that mitigating circumstances exist , or provides false or misleading information , the coordinator shall not take into consideration the slot request or requests by that air carrier to which the missing , false or misleading information relates . it shall withdraw the slot or series of slots if they were already allocated and / or recommend that penalties be imposed by the competent body under national law . the coordinator shall offer that air carrier the opportunity to submit its observations .


### for all other airports with no particular designation status , the air carriers operating or intending to operate from that airport , the managing body of the airport , the groundhandling service providers and the air navigation service providers shall provide , when requested by a coordinator , any information in their possession about the planned services of air carriers . ### for all other airports , the air carriers operating or intending to operate from that airport , the managing body of the airport , the groundhandling service providers and the air navigation service providers shall provide , within a reasonable time limit , when requested by a coordinator or by the schedules facilitator , any information in their possession about the planned services of air carriers .


### the member state responsible for a network airport , a schedules facilitated or coordinated airport shall ensure the appointment of a qualified natural or legal person as schedules facilitator or airport coordinator , after having consulted the air carriers using the airport regularly , their representative organisations and the managing body of the airport and the coordination committee , where such a committee exists . the same schedules facilitator or coordinator may be appointed for more than one airport . ### the member state responsible for a schedules facilitated or coordinated airport shall ensure the appointment of a qualified natural or legal person as schedules facilitator or airport coordinator , after having consulted the air carriers using the airport regularly , their representative organisations and the managing body of the airport and the coordination committee , where such a committee exists . the same schedules facilitator or coordinator may be appointed for more than one airport .


### widespread use should be made of electronic means of data transmission for all reporting formalities as soon as possible and by 15 february 2013 at the latest . ### widespread use should be made of electronic means of data transmission for all reporting formalities as soon as possible and by 15 february 2015 at the latest . as the transmission of this data forms a chain stretching from the user to safeseanet , all the information systems should be technically interoperable by the same deadline to ensure the smooth running of the european maritime transport space without barriers .


### the commission should be granted the authority to amend the annexes to this directive , in so far as an amendment of this type will not have the effect of widening the scope of the directive . since those measures are general in scope and designed to amend non - essential provisions of this directive and to supplement it by adding new non - essential elements , they should be adopted in accordance with the regulatory procedure with scrutiny provided for in article 5a of decision 1999 / 468 / ec . ### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the annexes to this directive .


### the transmission of data required upon entry to and / or exit from ports under council directive 95 / 21 / ec of 19 june 1995 concerning the enforcement , in respect of shipping using community ports and sailing in the waters under the jurisdiction of the member states , of international standards for ship safety , pollution prevention and shipboard living and working conditions , directive 2000 / 59 / ec of the european parliament and of the council of 27 november 2000 on port reception facilities for ship - generated waste and cargo residues , directive 2002 / 59 / ec of the european parliament and of the council of 27 june 2002 establishing a community vessel traffic monitoring and information system and repealing council directive 93 / 75 / eec , regulation no 725 / 2004 of the european parliament and of the council of 31 march 2004 on enhancing ship and port facility security , regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders and , where appropriate , the international maritime code for dangerous goods adopted in 1960 by the imo , with the amendments thereto adopted and having entered into force , covers the information required by fal forms . these forms should not be required , if this information is available . ### the transmission of data required upon entry to and / or exit from ports under directive 2009 / 16 / ec of the european parliament and of the council of 23 april 2009 on port state control1 , directive 2000 / 59 / ec of the european parliament and of the council of 27 november 2000 on port reception facilities for ship - generated waste and cargo residues , directive 2002 / 59 / ec of the european parliament and of the council of 27 june 2002 establishing a community vessel traffic monitoring and information system and repealing council directive 93 / 75 / eec , regulation no 725 / 2004 of the european parliament and of the council of 31 march 2004 on enhancing ship and port facility security , regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders and , where appropriate , the international maritime code for dangerous goods adopted in 1960 by the imo , with the amendments thereto adopted and having entered into force , covers the information required by fal forms . these forms should not be required , if this information is available . ____________ 1 oj l 131 , 28 . 5 . 2009 , p . 57–100