### they must inform the competent authority of products they receive which they identify as infringing , or they suspect of infringing , either of the following : ### they must inform the competent authority of products they receive , trade or broker which they identify as infringing , or they suspect of infringing , either of the following :


### persons trading medicinal products shall ensure that the traded medicinal products are covered by a marketing authorization granted pursuant to regulation no 726 / 2004 or by the competent authorities of a member state in accordance with this directive . in addition , the requirements set out in article 80 to shall apply . ### persons trading or brokering medicinal products shall ensure that the traded or brokered medicinal products are covered by a marketing authorization granted pursuant to regulation no 726 / 2004 or by the competent authorities of a member state in accordance with this directive . in addition , the requirements set out in article 80 to shall apply .


### within 90 days of an inspection as referred to in paragraph 1 , a certificate of good manufacturing practice or good distribution practice shall be issued to the manufacturer , importer , or wholesale distributor if the outcome of the inspection shows that the person complies with the principles and guidelines of good manufacturing practice or good distribution practice as provided for by community legislation . ### within 90 days of an inspection as referred to in paragraph 1 , a certificate of good manufacturing practice , good distribution practice , good trading practice or good brokering practice shall be issued to the manufacturer , importer , or wholesale distributor if the outcome of the inspection shows that the person complies with the principles and guidelines of good manufacturing practice , good distribution practice , good trading practice and good brokering practice as provided for by union legislation .


### the competent authorities shall issue the accreditation referred to in articles 46 and 80 if the applicant can demonstrate that he is competent to carry out verification of compliance with good manufacturing practices or , in the case of wholesale distributors , good distribution practices . ### the competent authorities shall issue the accreditation referred to in articles 46 and 80 if the applicant can demonstrate that he is competent to carry out verification of compliance with good manufacturing practices or , in the case of wholesale distributors , good distribution practices or , in the case of traders , good trading practices or , in the case of brokers , good brokering practices .


### they are accompanied by a written confirmation from the exporting third country that the standards of good manufacturing practice applicable to the plant manufacturing the exported active substance are at least equivalent to those laid down by the community , and that the plant is subject to control and enforcement ensuring that those good manufacturing practices cannot be circumvented . ### they are accompanied by a written confirmation from the exporting third country that the standards of good manufacturing practice applicable to the plant manufacturing the exported active substance are at least equivalent to those laid down by the community , and that the plant is subject to strict and transparent control and enforcement ensuring that those good manufacturing practices cannot be circumvented .


### after every inspection as referred to in paragraph 1 , the competent authority shall report on whether the manufacturer , importer , or wholesale distributor complies with the principles and guidelines of good manufacturing practice and good distribution practices referred to in articles 47 and 84 or on whether the marketing authorization holder complies with the requirements laid down in title ix . the competent authority which carried out the inspection shall communicate the content of those reports to the manufacturer , importer , marketing authorization holder , or to the wholesale distributor who has undergone the inspection . before adopting the report , the competent authority shall give the manufacturer , importer , marketing authorization holder , or wholesale distributor concerned the opportunity to submit their comments . ### after every inspection as referred to in paragraph 1 , the competent authority shall report on whether the manufacturer , importer , wholesale distributor , trader or broker complies with the principles and guidelines of good manufacturing practice and good distribution , trading and brokering practices referred to in articles 47 and 84 or on whether the marketing authorization holder complies with the requirements laid down in title ix . the competent authority which carried out the inspection shall communicate the content of those reports to the manufacturer , importer , marketing authorisation holder , the wholesale distributor who has undergone the inspection or the trading or brokering authorisation holder . before adopting the report , the competent authority shall give the manufacturer , importer , marketing authorisation holder , wholesale distributor , trader or broker concerned the opportunity to submit their comments .


### wholesale distribution and trading of medicinal products’ ; ### wholesale distribution , trading and brokering of medicinal products’ ; )


### the commission , in cooperation with the member states , shall ensure that activities carried out under the programme are consistent with , and complementary to other union action , in particular under the european social fund and in such areas as social dialogue , justice and fundamental rights , education , vocational training and youth policy , research and innovation , entrepreneurship , health , enlargement and external relations , and general economic policy . ### the commission , in cooperation with the member states , in accordance with the partnership principle , shall ensure that activities carried out under the programme are consistent with and complementary to other union action , in particular under the cohesion policy funds , with special reference to the european social fund and the european fund for regional development and such areas as social dialogue , justice and fundamental rights , education , vocational training and youth policy , research and innovation , entrepreneurship , health , enlargement and external relations , and general economic policy .


### actions to promote mobility of individuals in the union , in particular the development of a multilingual digital platform for the clearance of job vacancies and applications , and targeted mobility schemes to fill vacancies where labour market shortcomings have been identified and / or to help specific groups of workers such as young people . ### actions to promote mobility of workers in the union , in particular the development of a multilingual digital platform for the clearance of job vacancies and applications , and targeted mobility schemes to fill vacancies where labour market shortcomings have been identified and to help specific groups of workers such as young and elderly people .


### persons who have lost or are at risk of losing their jobs , or who have difficulty in entering or re - entering the labour market , persons at risk of social exclusion and vulnerable persons who are in a disadvantaged position with regard to access to the conventional credit market and who wish to start up or develop their own micro - enterprises ; ### persons who have lost their jobs , or who have difficulty in entering or re - entering the labour market , young people , as well as persons who are at risk of social exclusion and vulnerable persons who are in a disadvantaged position with regard to access to the conventional credit market and who wish to start up or develop their own micro - enterprises , including self - employment , without any discrimination as to age ;


### capacity - building of national administrations and specialist services responsible for promoting geographical mobility designated by the member states and microcredit providers , ### capacity - building of regional , local and national administrations as well as specialist services responsible for promoting geographical mobility designated by the member states and microcredit providers ,


### the results of the actions implemented under the programme shall be suitably communicated and disseminated in order to maximise their impact , sustainability and union added value . ### the results of the actions implemented under the programme shall be suitably communicated and disseminated to all stakeholders in order to maximise their impact , sustainability and union added value .


### the activities supported by the programme shall comply with union and national law , including state aid rules . ### the activities supported by the programme shall comply with union and national law , including state aid rules , and ilo conventions .


### evaluations and impact assessments ; ### evaluations , including , in particular , quantitative and qualitative impact assessments


### ensure that job vacancies and applications , and any related information are transparent for the potential applicants and the employers ; this shall be achieved through their exchange and dissemination at transnational , interregional and cross - border level using standard interoperability forms ; ### ensure that job vacancies and applications , and any related information are transparent for the potential applicants and the employers ; this shall be achieved through the identification and ongoing compilation of new job opportunities at european level in the public or private sector , promoting their exchange and dissemination at transnational , interregional and cross - border level using standard interoperability forms ; the eures network should become the true european portal for citizens ' geographical mobility ;


### provide union and national organisations with financial support to step up their capacity to develop , promote and support the implementation of union employment and social policy and working conditions legislation . ### provide union national , regional and local organisations with financial support to step up their capacity to develop , promote and support the implementation of union employment and social policy and working conditions legislation .


### knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years . ### attending pornographic performances involving the participation of children is child abuse and therefore punishable by a term of imprisonment as laid down by the member state .


### member states shall take the necessary measures to ensure that effective intervention programmes or measures are made available with a view to preventing and minimising the risks of repeated offences of a sexual nature against children . these programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law . ### member states shall take the necessary measures to ensure that effective accredited sex offender treatment programmes are made available or measures put in place with a view to preventing and minimising the risks of repeated offences of a sexual nature against children . these accredited sex offender treatment programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law . member states shall offer counselling and advice programmes to support the immediate families of male or female perpetrators .


### investigating offences and bringing charges in criminal proceedings should be facilitated , to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences . these tools may include covert operations , interception of communications , covert surveillance including electronic surveillance , monitoring of bank accounts or other financial investigations . ### investigating offences , bringing charges in criminal proceedings and identifying the offender should be facilitated , to take into account the difficulty for child victims of denouncing abuse . the anonymity of offenders in cyberspace should not be allowed to obstruct investigations and prevent the offender from being traced without delay . member states should therefore take steps to ensure that cyberspace users remain anonymous in public but can be identified immediately in the event of an offence being committed , in particular in the online spaces in which there is the highest risk of grooming , such as on social networking websites , forums , social platforms and blogs . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences . these tools may include covert operations , interception of communications , covert surveillance including electronic surveillance , monitoring of bank accounts or other financial investigations . those investigations should be authorised by the relevant judicial authority in the member state concerned and should be carried out under the supervision of that authority .


### upon application , the customs authorities may authorise a person to use simplifications regarding the placement of goods under the union transit procedure and regarding the end of that procedure . ### upon application , the customs authorities may authorise a person to use simplifications regarding the placement of goods under the union transit procedure and regarding the end of that procedure , including the use of a manifest transmitted by data exchange systems as a transit declaration by any airline or shipping line that operates a significant number of flights or voyages between member states .


### the commission shall be empowered to adopt delegated acts in accordance with article 243 , specifying the cases where the export formalities apply in accordance with article 233 . ### the commission shall be empowered to adopt delegated acts in accordance with article 243 , specifying : the rules governing the export procedure ; the cases where the export formalities apply in accordance with article 233 ; the rules for the granting of the authorisation referred to in article 233 .


### an authorised economic operator for customs simplifications shall be deemed to fulfil the condition laid down in point , insofar as the activity pertaining to the special procedure concerned was taken into account when granting that authorisation . ### without prejudice to the additional special conditions governing the procedure in question , an authorised economic operator for customs simplifications shall be deemed to fulfil the condition laid down in point of this paragraph .


### the delegation of power referred to in articles 2 , 7 , 10 , 16 , 20 , 23 , 25 , 31 , 33 , 43 , 55 , 57 , 64 , 76 , 87 , 94 , 102 , 109 , 113 , 118 , 129 , 133 , 136 , 139 , 142 , 145 , 151 , 155 , 157 , 166 , 171 , 173 , 177 , 179 , 182 , 184 , 186 , 190 , 192 , 195 , 198 , 202 , 217 , 219 , 230 , 232 , 234 , 238 , 241 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the delegation of power referred to in articles 2 , 7 , 10 , 16 , 20 , 23 , 25 , 31 , 33 , 43 , 55 , 57 , 64 , 76 , 87 , 94 , 102 , 109 , 113 , 118 , 129 , 133 , 136 , 139 , 142 , 145 , 151 , 155 , 157 , 166 , 171 , 173 , 177 , 179 , 182 , 184 , 186 , 190 , 192 , 195 , 198 , 202 , 217 , 219 , 230 , 232 , 234 , 238 , 241 shall be conferred on the commission for a period of 5 years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 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 .


### customs declarations which comply with the conditions laid down in this chapter shall be accepted by the customs authorities immediately , provided that the goods to which they refer have been presented to customs . ### customs declarations which comply with the conditions laid down in this chapter shall be accepted by the customs authorities immediately , provided that the goods to which they refer have been presented to customs or , to the satisfaction of the customs authorities , are made available for customs controls . where the declaration takes the form of an entry in the declarant’s records and access to those data by the customs authorities , the declaration shall be deemed to have been accepted at the moment at which the goods are entered in the records . the customs authorities may , without prejudice to the legal obligations of the declarant or to the application of security and safety controls , waive the obligation for the goods to be presented or to be made available for customs control .


### the commission may adopt decisions allowing one or several member states to use , by way of derogation from paragraph 1 , means of exchange and storage of data other than electronic data - processing techniques . ### the commission may adopt in exceptional cases and for a limited period of time decisions allowing one or several member states to use , by way of derogation from paragraph 1 , means of exchange and storage of data other than electronic data - processing techniques . that derogation shall not affect the developing , maintenance and employment of the electronic systems for the exchange of data referred to in paragraph 1 .


### competent authorities shall annually carry out a survey of each restricted area as regards the development of the presence of the pest concerned . ### competent authorities shall , on a risk basis and with appropriate frequency , carry out a survey of each restricted area as regards the development of the presence of the pest concerned .


### article 31 more stringent requirements adopted by member states member states may apply within their territories more stringent measures than the measures adopted pursuant to article 27 , and and article 29 , and , if justified by the objective of phytosanitary protection and in accordance with section 2 of annex iv on measures and principles for the management of the risks of pests . those measures shall not impose , or result in , any prohibitions or restrictions on the introduction into , or movement within , the union territory of plants , plant products and other objects , other than those imposed by the provisions of articles 40 to 54 and the provisions of articles 67 to 96 . 2 . member states shall immediately notify the commission and the other member states of measures adopted by them within the ambit of paragraph 1 . member states shall , on request , submit to the commission and the other member states an annual report on the measures taken in accordance with paragraph 1 . ### deleted


### where as a result of an annual survey a competent authority finds a presence of the pest concerned in the buffer zone , the member state concerned shall immediately notify that presence to the commission and the other member states specifying that the pest was found present in a buffer zone . ### where as a result of the survey a competent authority finds a presence of the pest concerned in the buffer zone , the member state concerned shall immediately notify that presence to the commission and the other member states specifying that the pest was found present in a buffer zone .


### the delegation of power referred to in articles 1 , 7 and , 8 , 11 , 20 , 22 , 25 , 30 , 32 , 34 , 38 , 44 , 45 , 46 , 48 , 61 , 67 , 71 , 76 , 78 , 82 , 84 , 86 , 91 , 92 and , 93 , 94 , 95 and 96 shall be conferred on the commission for an indeterminate period of time from the entry into force of this regulation . ### the delegation of power referred to in articles 1 , 7 and , 8 , 11 , 20 , 22 , 25 , 30 , 32 , 34 , 38 , 44 , 45 , 46 , 48 , 61 , 67 , 71 , 76 , 78 , 82 , 84 , 86 , 91 , 92 and , 93 , 94 , 95 and 96 shall be conferred on the commission for a period of five years from the entry into force of this regulation . the delegation of power shall be tacitly extended for periods of identical duration unless the european parliament or the council opposes such an extension not later than 3 months before the end of each period .


### the delegation of power referred to in articles 1 , 7 and , 8 , 11 , 20 , 22 , 25 , 30 , 32 , 34 , 38 , 44 , 45 , 46 , 48 , 61 , 67 , 71 , 76 , 78 , 82 , 84 , 86 , 91 , 92 and , 93 , 94 , 95 and 96 shall be conferred on the commission for an indeterminate period of time from the entry into force of this regulation . ### the delegation of power referred to in articles 1 , 5 and , 6 , 7 and , 8 , 11 , 20 , 22 , 25 , 30 , 32 , 34 , 37 , 38 , 44 , 45 , 46 , 48 , 61 , 67 , 71 , 76 , 78 , 82 , 84 , 86 , 91 , 92 and , 93 , 94 , 95 and 96 shall be conferred on the commission for a period of 5 years from the entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 - 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 .


### the commission shall be empowered to adopt delegated acts , in accordance with article 98 , setting out the following : the frequencies , contents and format of simulation exercises ; simulation exercises covering more than one priority pest ; co - operation between member states , and of member states with third countries ; contents of the reports on simulation exercises provided for in paragraph 3 . ### deleted


### plant passports should not be required for plants , plant products and other objects intended for final users . ### plant passports should not be required for plants , plant products and other objects intended for final users , including home gardeners .


### if , in the course of the safety investigation , the safety investigation authority suspects that an act of unlawful interference was involved in the accident or incident , the investigator - in - charge shall immediately inform the judicial authorities thereof , at the request of which the control of the accident site shall be transferred to these authorities . subject to articles 15 and 16 , the relevant information collected in the safety investigation shall be also transferred to these authorities upon their request . this shall be without prejudice to the right of the safety investigation authority , in coordination with the authorities to which the control of the site was transferred , to continue the safety investigation . ### if , in the course of the safety investigation , the safety investigation authority suspects that an act of hostage - taking , murder or terrorism was involved in the accident or incident , the investigator - in - charge shall immediately inform the judicial authorities thereof , and the control of the accident site shall be transferred to these authorities . subject to articles 15 and 16 , the relevant information collected in the safety investigation shall be also transferred to these authorities upon their request . this shall be without prejudice to the right of the safety investigation authority , in coordination with the authorities to which the control of the site was transferred , to continue the safety investigation .


### community airlines and airlines departing from an airport located in the territory of a member state to which the treaty applies , shall implement procedures allowing to produce a list of all the persons on board an aircraft within one hour of the notification of the occurrence of an accident to this aircraft . ### community airlines and airlines departing from an airport located in the territory of a member state to which the treaty applies , shall implement procedures allowing to produce a list of all the persons on board an aircraft as soon as possible but at any rate within two hours of the notification of the occurrence of an accident to this aircraft .


### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 january 2014 in respect of activity to or from aerodromes in countries outside the european union that are not members of efta , dependencies and territories of eea member states or countries having signed a treaty of accession with the union , where such aircraft operators have not been issued free allocations for such activity in respect of 2012 or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation . ### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 may 2014 in respect of activity inside the eu and eea and to or from aerodromes in countries outside the european union , where such aircraft operators have not been issued free allocations for such activity in respect of the relevant year or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation .


### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 january 2014 in respect of activity to or from aerodromes in countries outside the european union that are not members of efta , dependencies and territories of eea member states or countries having signed a treaty of accession with the union , where such aircraft operators have not been issued free allocations for such activity in respect of 2012 or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation . ### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 january 2014 in respect of activity to or from aerodromes in countries outside the european union that are not members of eea , dependencies and territories of eea member states or countries having signed a treaty of accession with the union , where such aircraft operators have not been issued free allocations for such activity in respect of 2012 or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation .


### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 january 2014 in respect of activity to or from aerodromes in countries outside the european union that are not members of efta , dependencies and territories of eea member states or countries having signed a treaty of accession with the union , where such aircraft operators have not been issued free allocations for such activity in respect of 2012 or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation . ### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 may 2014 in respect of activity within the eu and from aerodromes in countries outside the european union where such aircraft operators have not been issued free allocations for such activity in respect of the relevant year or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation .


### define the position , format , layout , design , rotation and proportions of the health warnings ; ### define the layout , design and rotation of the health warnings ;


### member states may allow the following products , which are not in compliance with this directive , to be placed on the market until [ publications office , please insert the exact date : entry into force + 24 months ] : ### member states may allow the following products , which are not in compliance with this directive , to be placed on the market until [ publications office , please insert the exact date : entry into force + 48 months ] :


### member states shall oblige retail outlets intending to engage in cross - border distance sales to consumers located in the union to register with the competent authorities in the member state where the retail outlet is established and in the member state where the actual or potential consumer is located . retail outlets established outside the union have to register with the competent authorities in the member state where the actual or potential consumer is located . all retail outlets intending to engage in cross - border distance sales shall submit at least the following information to the competent authorities : ### member states shall prohibit cross - border distance sales of tobacco products to consumers located in the union .


### the commission shall be empowered to adopt delegated acts in accordance with article 22 to adapt the requirements in paragraphs 3 and 4 taking into account scientific and market developments and to adopt and adapt the position , format , layout , design and rotation of the health warnings . ### the commission shall be empowered to adopt delegated acts in accordance with article 22 to adapt the requirements in paragraphs 3 and 4 taking into account scientific and market developments and to adopt and adapt the position , layout , design and rotation of the health warnings .


### a railway undertaking shall be entitled to apply for a licence in the member state in which it is established . ### a railway undertaking shall be entitled to apply for a licence in the member state in which it is established . in the member states which are bordering with third countries , with the network whose track gauge is different from the main rail network within the union and whose rail freight markets are dominated by the rail freight carriages to and from third countries , the licensing authorities when making decision on the issue of licences to railway undertakings which are directly or indirectly effectively controlled through the ownership shares of third country or nationals of third country , may take into account existence or non - existence of reciprocal access for the eu rail undertakings to the rail freight market of the respective third country .


### competent authorities shall align the application of the supplementary supervision of internal control mechanisms and risk management processes as provided for in this article with the supervisory review processes as provided for by article 124 of directive 2006 / 48 / ec and article 36 of directive 2009 / 138 / ec . to this end , the european banking authority and the european insurance and occupational pensions authority shall issue common guidelines aimed at the convergence of supervisory practices with regard to the application of supplementary supervision of internal control mechanisms and risk management processes as provided for in this article , as well as on the consistency with the supervisory review processes as provided for by article 124 of directive 2006 / 48 / ec and article 36 of directive 2009 / 138 / ec . they shall issue specific common guidelines for the application of this article to participations of the financial conglomerate , in cases where national company law provisions obstruct the application of article 14 . ### competent authorities shall align the application of the supplementary supervision of internal control mechanisms and risk management processes as provided for in this article with the supervisory review processes as provided for by article 124 of directive 2006 / 48 / ec and article 36 of directive 2009 / 138 / ec . to this end , the european supervisory authority and the european supervisory authority , coordinated by the joint committee , shall issue common guidelines aimed at the convergence of supervisory practices with regard to the application of supplementary supervision of internal control mechanisms and risk management processes as provided for in this article , as well as on the consistency with the supervisory review processes as provided for by article 124 of directive 2006 / 48 / ec and article 36 of directive 2009 / 138 / ec . they shall issue specific common guidelines for the application of this article to participations of the financial conglomerate , in cases where national company law provisions obstruct the application of article 14 .


### the european banking authority and the european insurance and occupational pensions authority shall issue common guidelines aimed at the consistency of supervisory coordination arrangements according to article 131a of directive 2006 / 48 / ec and article 248 of directive 2009 / 138 / ec . ### the european supervisory authority and the european supervisory authority coordinated by the joint committee shall issue common guidelines aimed at the consistency of supervisory coordination arrangements according to article 131a of directive 2006 / 48 / ec and article 248 of directive 2009 / 138 / ec .


### the european banking authority and the european insurance and occupational pensions authority shall issue common guidelines aimed at the convergence of supervisory practices with regard to the application of supplementary supervision of intra - group transactions as provided for in paragraphs 1 to 4 . . they shall issue specific common guidelines on the application of paragraphs 1 to 4 to participations of the financial conglomerate in cases where national company law provisions obstruct the application of article 14 . ### the european supervisory authority and the european supervisory authority , coordinated by the joint committee , shall issue common guidelines aimed at the convergence of supervisory practices with regard to the application of supplementary supervision of intra - group transactions as provided for in paragraphs 1 to 4 . . they shall issue specific common guidelines on the application of paragraphs 1 to 4 to participations of the financial conglomerate in cases where national company law provisions obstruct the application of article 14 .


### the european banking authority and the european insurance and occupational pensions authority shall issue the common guidelines referred to in article 3 , article 7 , article 8 , article 9 and article 11 in accordance with the procedure laid down in article 42 of the regulation no . . / . . establishing the european banking authority , and in article 42 of the regulation no . . / . . establishing the european insurance and occupational pensions authority , following cooperation within the joint committee of the european supervisory authorities . ### the european supervisory authority and the european supervisory authority , coordinated by the joint committee , shall issue the common guidelines referred to in article 3 , article 7 , article 8 , article 9 and article 11 in accordance with the procedure laid down in article 42 of the regulation no . . / . . establishing the european banking authority , and in article 42 of the regulation no . . / . . establishing the european insurance and occupational pensions authority , following cooperation within the joint committee of the european supervisory authorities .


### the european banking authority and the european insurance and occupational pensions authority shall issue common guidelines aimed at the convergence of supervisory practices with regard to the application of supplementary supervision of risk concentration as provided for in paragraphs 1 to 4 . they shall issue specific common guidelines on the application of paragraphs 1 to 4 to participations of the financial conglomerate in cases where national company law provisions obstruct the application of article 14 . ### the european supervisory authority and the european supervisory authority , coordinated by the joint committee , shall issue common guidelines aimed at the convergence of supervisory practices with regard to the application of supplementary supervision of risk concentration as provided for in paragraphs 1 to 4 . they shall issue specific common guidelines on the application of paragraphs 1 to 4 to participations of the financial conglomerate in cases where national company law provisions obstruct the application of article 14 .


### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of regulated data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3 . the safeguard mechanisms referred to in paragraph 3 shall not apply to pre - paid customers . ### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of regulated data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3 . the safeguard mechanisms referred to in paragraph 3 shall not apply to pre - paid customers , except where they have concluded a pre - paid agreement with automatic credit increase .


### any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within five working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months . ### any switch to or from an alternative roaming provider or between alternative roaming providers shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within three working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding two months .


### ' ticket price ' means the full price paid for a ticket and including the air fare , and all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket ; ### ' ticket price ' means the full price paid for a ticket and including the air fare , all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket related to the air transport part of the journey .


### labour disputes at the operating air carrier or at essential service providers such as airports and air navigation service providers . ### labour disputes at essential service providers such as airports and air navigation service providers .


### the national enforcement body shall closely monitor compliance with the requirements of this regulation and take the measures necessary to ensure that the rights of passengers are respected . for this purpose , air carriers and airport managing bodies shall provide the relevant documents to the national enforcement body at its request . in order to carry out its functions , the national enforcement body shall also take account of the information submitted to it by the body designated under article 16a . it may also decide on enforcement actions based on individual complaints transmitted by the body designated under article 16a . ### the national enforcement body shall closely monitor compliance with the requirements of this regulation and take the measures necessary to ensure that the rights of passengers are respected . for this purpose , air carriers and airport managing bodies shall provide the relevant documents to the national enforcement body at its request . in order to carry out its functions , the national enforcement body shall also take account of the information submitted to it by the body designated under article 16a . it shall investigate all complaints received and may also decide on enforcement actions based on individual complaints transmitted by the body designated under article 16a .


### where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight , the passenger shall have a right to compensation by the community air carrier operating that preceding flight in accordance with article 6 . for these purposes , the delay shall be calculated by reference to the scheduled time of arrival at the final destination . ### where a passenger misses a connecting flight as a result of a delay to a preceding feeder flight , the passenger shall have a right to compensation by the community air carrier operating that preceding feeder flight in accordance with article 6 . any compensation will be restricted to the delay experienced on that preceding connecting flight only , and not include any further delay experienced in arrival at the final destination .


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 , if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 , if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken .


### the compensation referred to in paragraph 1 shall be paid in cash , by electronic bank transfer , bank orders or bank cheques . ### the compensation referred to in paragraph 1 shall be paid by electronic bank transfer , bank orders or bank cheques .


### a flight where the aircraft took off but , for whatever reason , was subsequently forced to land at an airport other than the airport of destination or to return to the airport of departure , shall be considered a cancelled flight . ### a flight where the aircraft took off but , for any reason other than a justifiable safety issue , was subsequently forced to land at an airport other than the airport of destination or to return to the airport of departure , shall be considered a cancelled flight


### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the total cost of accommodation provided according to paragraph 1 to eur 100 per night and per passenger and to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 . ### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it then may limit the total duration of accommodation provided according to paragraph 1 to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the 3 nights , in addition to the continued obligations for information specified in article 14 .


### reimbursement within seven days of the passenger ' s request , by the means provided for in article 7 , of the flight price , for the part or parts of the journey not made , and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger ' s original travel plan , together with , when relevant , ### reimbursement within seven working days of the passenger ' s request , by the means provided for in article 7 , of the flight price , for the part or parts of the journey not made , and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger ' s original travel plan , together with , when relevant ,


### at present , passengers are sometimes penalised for spelling errors in their names by the application of punitive administrative fees . reasonable corrections of booking errors should be provided free of charge provided they do not imply a change of times , date , itinerary or passenger . ### at present , passengers are sometimes penalised for spelling errors in their names by the application of punitive administrative fees . reasonable corrections of obvious booking errors should be provided once and free of charge provided they do not imply a change of times , date , itinerary or passenger .


### where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight , the passenger shall have a right to compensation by the community air carrier operating that preceding flight in accordance with article 6 . for these purposes , the delay shall be calculated by reference to the scheduled time of arrival at the final destination . ### where a passenger misses a connecting flight as a result of a change of schedule or a delay to a preceding connecting flight at the transfer point of 90 minutes or more , the passenger shall have a right to compensation by the union air carrier operating that preceding flight in accordance with article 6 . for these purposes , the overall delay shall be calculated by reference to the scheduled time of arrival at the final destination .


### regulation no 261 / 2004 should explicitly include the right to compensation for passengers suffering long delays , in line with the judgement of the european court of justice in the joined cases c - 402 / 07 and c - 432 / 07 . at the same time , the thresholds above which delays give rise to a right to compensation should be increased to take account of the financial impact on the sector and to avoid any increase in the frequency of cancellations as a consequence . to ensure that citizens travelling within the eu face homogeneous conditions for compensation , the threshold should be the same for all travel within the union , but it should depend upon the journey distance for travel to and from third countries to take into account the operational difficulties encountered by air carriers to deal with delays on remote airports . ### regulation no 261 / 2004 should explicitly include the right to compensation for passengers suffering long delays , in line with the judgement of the european court of justice in the joined cases c - 402 / 07 and c - 432 / 07 . at the same time , the thresholds above which delays give rise to a right to compensation should be increased to take account of the financial impact on the sector and to avoid any increase in the frequency of cancellations as a consequence . the threshold should depend upon the journey distance for travel to and from third countries to take into account the operational difficulties encountered by air carriers to deal with delays on remote airports .


### “connecting flight” means a flight which , under a single contract of carriage , is intended to enable the passenger to arrive at a transfer point in order to depart on another flight , or , where appropriate in the context , means that other flight departing from the transfer point . ### “connecting flight” means a flight which , under a single contract of carriage and a single booking reference , is intended to enable the passenger to arrive at a transfer point in order to depart on another flight , or , where appropriate in the context , means that other flight departing from the transfer point .


### without prejudice to article 8 , this regulation shall only apply to passengers transported by motorised fixed wing aircraft . however , where a part of the journey is carried out , in accordance with a contract of carriage , by another mode of transport or by helicopter , this regulation shall apply for the whole journey and the part of the journey carried out by another mode of transport shall be considered as a connecting flight for the purposes of this regulation . ### without prejudice to article 8 , this regulation shall only apply to passengers transported by motorised fixed wing aircraft .


### where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight , the community air carrier operating the onward connecting flight shall offer the passenger : ### where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight , the community air carrier responsible for the delay shall offer the passenger :


### where the passenger , or an intermediary acting on behalf of the passenger , reports a spelling mistake in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct this at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law . ' ### where the passenger , or an intermediary acting on behalf of the passenger , reports one or more spelling mistakes in the name of one or more passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct the errors at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law .


### “extraordinary circumstances” means circumstances which , by their nature or origin , are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control . for the purposes of this regulation , extraordinary circumstances shall include the circumstances set out in the annex ; ### ' extraordinary circumstances ' is an event that is beyond the actual control of the air carrier . for the purposes of this regulation , extraordinary circumstances shall include but not be limited to the circumstances set out in annex 1 .


### where passengers choose the option referred to in paragraph 1 , they shall , subject to availability , have the right to re - routing via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within 12 hours of the scheduled arrival time . notwithstanding article 22 of regulation no 1008 / 200823 , the other air carrier or other transport operator shall not charge the contracting carrier a price that goes beyond the average price paid by its own passengers for equivalent services in the last three months . __________________ 23 oj l293 , 31 . 10 . 2008 , p . 3 ### where passengers choose the option referred to in paragraph 1 they shall , subject to availability and provided that reasonable and comparable alternatives exist , have the right to re - routing via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within 12 hours of the scheduled arrival time , excluding night as defined in this regulation . in any case , for the rerouting carrier , the cost for the rerouting shall not exceed twice the flight price related to the ticket originally sold to the passenger . __________________ 23 oj l293 , 31 . 10 . 2008 , p . 3


### five hours or more after the scheduled time of arrival for all intra - community journeys and for journeys to / from third countries of 3500 kilometres or less ; ### three hours or more after the scheduled time of arrival for all journeys within the union and for journeys to / from third countries of 3&#160 ; 500 kilometres or less ;


### in accordance with relevant eu and national law , each member state shall designate a national body or bodies responsible for the out - of - court resolution of disputes between air carriers and passengers with regard to the rights covered by this regulation . ### member states shall ensure that disputes between air carriers and passengers with regard to the rights of consumers covered by this regulation can be submitted to an adr entity which complies with the requirements set out in directive 2013 / 11 / eu of the european parliament and of the council of 21 may 2013 on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec .


### technical problems which are not inherent in the normal operation of the aircraft , such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ; ### technical problems and unexpected flight safety shortcomings which are detected during a flight or immediately prior to departure and which prevent the normal continuation of the operation ; or a safety issue revealed by the manufacturer , a competent authority or an air carrier or a maintenance organisation ;


### paragraphs 1 , 2 and 3 shall also apply to return tickets where the passenger is denied boarding at the return journey on the grounds that he / she did not take the outward journey or did not pay an additional charge for this purpose . ### passengers shall not be denied boarding for the return journey on the grounds that they did not take the outward journey covered by a return ticket , providing they inform the carrier of this on the day of the flight and make clear their intention to return , or did not pay an additional charge for this purpose . if boarding is denied to passengers against their will on such grounds , paragraphs 1 and 2 shall apply .


### ‘ 4 . paragraphs 1 , 2 and 3 shall also apply to return tickets where the passenger is denied boarding at the return journey on the grounds that he / she did not take the outward journey or did not pay an additional charge for this purpose . ### ‘ 4 . passengers shall not be denied boarding at the return journey on the grounds that he / she did not take the outward journey of a return ticket or did not pay an additional charge for this purpose . if boarding is denied to passengers against their will on such grounds , paragraphs 1 and 2 shall apply . in addition , the operating air carrier shall immediately compensate the passengers concerned in accordance with article 7 and shall assist them in accordance with articles 8 and 9 .


### twelve hours or more after the scheduled time of arrival for journeys to / from third countries of 6000 kilometres or more . ### seven hours or more after the scheduled time of arrival for journeys to / from third countries of 3 500 kilometres or more .


### whenever passengers are offered , pursuant to paragraph 1 , a total or partial rerouting by another mode of transport , this regulation shall apply to the transport carried out by that other mode of transport as if it were carried out by fixed wing aircraft . ### the passenger may himself organise his own re - routing and claim reimbursement of the corresponding costs if the operating air carrier fails to offer the choice of re - routing under point of paragraph 1 . the passenger shall make reasonable efforts to contact the airline before organising his own re - routing and shall organise transport in a comparable class and at a reasonable cost .


### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the total cost of accommodation provided according to paragraph 1 to eur 100 per night and per passenger and to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 . ### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it then may limit the total duration of accommodation provided according to paragraph 1 to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the 3 nights , in addition to the continued obligations for information specified in article 14 .


### ' ticket price ' means the full price paid for a ticket and including the air fare , and all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket ; ### ' ticket price ' means the full price paid for a ticket and including the air fare , all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket related to the air transport part of the journey .


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked in so far they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 , if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can be invoked in so far they affect the flight concerned or any flight in the air carrier ' s program , as far as the air carrier is able to demonstrate the direct causal link between those circumstances and the cancellation .


### where passengers choose the option referred to in paragraph 1 , they shall , subject to availability , have the right to re - routing via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within 12 hours of the scheduled arrival time . notwithstanding article 22 of regulation no 1008 / 2008 , the other air carrier or other transport operator shall not charge the contracting carrier a price that goes beyond the average price paid by its own passengers for equivalent services in the last three months . ### where passengers choose the option referred to in point of paragraph 1 , they shall , subject to availability and provided that reasonable and comparable alternatives exist , have the right to re - routing , at the earliest opportunity , via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within 12 hours of the scheduled arrival time . the passenger shall have the right to refuse the re - routing via another mode of transport , and in that case shall maintain his rights to care as specified in article 9 while waiting for the re - routing .


### the airport managing body and the operating air carrier shall ensure that at the check - in desks and at the boarding gate , a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers : “if you are denied boarding or if your flight is cancelled or delayed for at least two hours , ask at the check - in counter or boarding gate for the notice stating your rights , particularly with regard to assistance and possible compensation” . ### the airport managing body and the operating air carrier shall ensure that at the check - in desks and at the boarding gate , a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers : ' if you are denied boarding or if your flight is cancelled or delayed for at least two hours or if the schedule time of departure of your flight had been put forward by at least two hours related to the initial schedule time indicated on your ticket , ask at the check - in counter or boarding gate for the notice stating your rights , particularly with regard to assistance and possible compensation ' .


### the compensation referred to in paragraph 1 shall be paid in cash , by electronic bank transfer , bank orders or bank cheques . ### the compensation referred to in paragraph 1 shall be paid in cash , by electronic transfer or bank orders into the account indicated by the authorised passenger .


### by way of derogation from article 3d , the number of allowances to be auctioned by each member state in respect of the period from 2013 to 2020 shall be reduced to correspond with its share of attributed aviation emissions resulting from the application of article 28 to . ### by way of derogation from article 3d , the number of allowances to be auctioned by each member state in respect of the period from 2013 to 2020 shall be reduced to correspond with its share of attributed aviation emissions resulting from the application of paragraphs 1 to of this article .


### ships using the emission abatement methods referred to in paragraph 1 shall continuously achieve reductions of sulphur dioxide emissions that are at least equivalent to the reductions that would be achieved by using marine fuels that meet the requirements of articles 4a and 4b . the sulphur dioxide emissions resulting from the use of the emission abatement methods shall not exceed the limit values set out in annex 1 . ### ships using the emission abatement methods referred to in paragraph 1 shall achieve reductions of sulphur dioxide emissions that are at least equivalent to the reductions that would be achieved by using marine fuels that meet the requirements of articles 4a and 4b .


### in order to determine the date of the application of 0 . 50% sulphur limit , to designate new secas , to approve new alternative abatement methods and to establish the appropriate conditions for their use , to ensure appropriate monitoring of sulphur content of fuels and the harmonized content and the format of member states ' reports and to adapt the provisions of the directive to scientific and technical progress , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of specification of the date from which the maximum sulphur content of fuel of 0 . 50% by mass should apply in the union , designation of new secas on the basis of the decision of the imo , approval of new emission abatement methods not covered by council directive 96 / 98 / ec15 and establishment , supplementation or amendment of conditions for their use , the specification of the means of sampling and emission monitoring and the content and the format of the report and the amendment of article 2 , points 1 , 2 , 3 , 3a , 3b and 4 or article 6 paragraph 1 and 2 in the light of scientific and technical progress and , where relevant , the instruments of the imo . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to determine the date of the application of 0 . 50% sulphur limit , to designate new secas , to approve new alternative abatement methods and to establish the appropriate conditions for their use , to ensure appropriate monitoring of sulphur content of fuels and the harmonized content and the format of member states ' reports and to adapt the provisions of the directive to scientific and technical progress , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of specification of the date from which the maximum sulphur content of fuel of 0 . 50% by mass should apply in the union , approval of new emission abatement methods not covered by council directive 96 / 98 / ec15 and establishment , supplementation or amendment of conditions for their use , the specification of the means of sampling and emission monitoring and the content and the format of the report and the amendment of article 2 , points 1 , 2 , 3 , 3a , 3b and 4 or article 6 paragraph 1 and 2 in the light of scientific and technical progress and , where relevant , the instruments of the imo . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### access to emission abatement methods should be facilitated . those methods can provide emission reductions at least equivalent to , or even greater than , those achievable using low sulphur fuel , provided that they have no significant negative impacts on the environment , such as marine ecosystems , and that they are developed subject to appropriate approval and control mechanisms . the criteria for use of emission abatement methods should be established either by the imo , subject to supplementation or amendment by the commission decision or , in the absence of the imo instruments , by the european commission . the already known alternative methods , such as the use of on - board exhaust gas cleaning systems or the mixture of fuel and liquefied natural gas should be recognised in the union . it is important to promote testing and development of new emission abatement methods . ### access to emission abatement methods should be facilitated . those methods can provide emission reductions at least equivalent to , or even greater than , those achievable using low sulphur fuel , provided that they have no significant negative impacts on the environment , such as marine ecosystems or co2 emissions , and that they are developed subject to appropriate approval and control mechanisms . the criteria for use of emission abatement methods should be established either by the imo , subject to supplementation or amendment by the commission decision or , in the absence of the imo instruments , by the european commission . the already known alternative methods , such as the use of on - board exhaust gas cleaning systems or the mixture of fuel and liquefied natural gas should be recognised in the union . it is important to promote testing and development of new emission abatement methods .


### the provision of accurate and reliable positioning information is an essential element of the effective operation of the ecall in - vehicle system . therefore , it is appropriate to require its compatibility with the services provided by satellite navigation programmes , including the systems established under the galileo and egnos programmes set out in regulation no 683 / 2008 of the european parliament and of the council of 9 july 2008 on the further implementation of the european satellite navigation programmes 8 . __________________ 8 oj l 196 , 24 . 7 . 2008 , p . 1 . ### the provision of accurate and reliable positioning information is an essential element of the effective operation of the ecall in - vehicle system . therefore , it is appropriate to require its full compatibility with the services provided by global navigation satellite systems , and in particular the systems established under the galileo and egnos programmes , once they become fully operational , set out in regulation no 683 / 2008 of the european parliament and of the council of 9 july 2008 on the further implementation of the european satellite navigation programmes 8 . __________________ 8 oj l 196 , 24 . 7 . 2008 , p . 1 .


### the ecall in - vehicle system shall be accessible to all independent operators free of charge and without discrimination at least for repair and maintenance purposes . ### all elements of the ecall in - vehicle system shall be accessible to all independent operators free of charge and without discrimination at least for vehicle repair and maintenance purposes .


### vehicle manufacturers should be allowed sufficient time to adapt to the technical requirements of this regulation . ### vehicle manufacturers and service providers should be allowed sufficient time to adapt to the technical requirements of this regulation in view to ensure the full functionality of the ecall system throughout the union .


### it is not appropriate to extend limitations of the use of phosphates and other phosphorous compounds in household laundry detergents to household automatic dishwasher detergents or to industrial and institutional detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available . ### it is not appropriate to extend the ban on phosphates in household laundry detergents to household automatic dishwasher detergents or to industrial and institutional detergents or to restrict the use of phosphates in those detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available .


### member states may maintain or lay down national rules concerning restrictions on the content of phosphates and of other phosphorous compounds in detergents for which no restrictions on the content are set out in annex via where justified on grounds of protection of the aquatic environment and where technically and economically feasible alternatives are available . ### member states may maintain national rules concerning limitations on the content of phosphates and of other phosphorous compounds in detergents for which no limitations on the content are set out in annex via where justified on grounds of protection of the aquatic environment and where technically and economically feasible alternatives are available .


### it is not appropriate to extend limitations of the use of phosphates and other phosphorous compounds in household laundry detergents to household automatic dishwasher detergents or to industrial and institutional detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available . ### it is not appropriate to extend limitations of the use of phosphates and other phosphorous compounds in household laundry detergents to household automatic dishwasher detergents or to industrial and institutional detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available and because an impact assessment is not yet available evaluating the impacts of extending limitations to household automatic dishwasher detergents , in particular evaluating reformulation costs and the impact of chemicals used in phosphate - free formulations , household water and energy consumption in the consumer use phase , and the economic costs to consumers .


### in the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the community , the commission , upon its own initiative or following a request by the authority , the council , or the esrb , may adopt a decision addressed to the authority , determining the existence of an emergency situation for the purposes of this regulation . ### in the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the european union , the council , upon its own initiative or following a request by the authority , the commission , or the esrb , may adopt a decision addressed to the authority , determining the existence of an emergency situation for the purposes of this regulation .


### without prejudice to the powers of the commission under article 226 of the treaty , where a competent authority does not comply with the decision referred to in paragraph 4 of this article within the period of time specified therein , and where it is necessary to remedy in a timely manner the non compliance by the competent authority in order to maintain or restore neutral conditions of competition in the market or ensure the orderly functioning and integrity of the financial system , the authority may , where the relevant requirements of the legislation referred to in article 1 are directly applicable to financial market participants , adopt an individual decision addressed to a financial market participant requiring the necessary action to comply with its obligations under community law including the cessation of any practice . ### without prejudice to the powers of the commission under article 258 of the treaty on the functioning of the european union , where a competent authority does not comply with the formal opinion referred to in paragraph 4 of this article within the period of time specified therein , and where it is necessary to remedy in a timely manner the non compliance by the competent authority in order to maintain or restore neutral conditions of competition in the market or ensure the orderly functioning and integrity of the financial system , the authority may , where the relevant requirements of the legislation referred to in article 1 are directly applicable to financial market participants , adopt an individual decision addressed to a financial market participant requiring the necessary action to comply with its obligations under union law including the cessation of any practice .


### the process for the development of technical standards in this regulation is without prejudice to the commission ' s powers to adopt on its own initiative implementing measures under comitology procedures at level 2 of the lamfalussy structure as laid out in the relevant community legislation . the matters concerned by the technical standards do not involve policy decisions , and their content is framed by the community acts adopted at level 1 . development of the draft standards by the authority ensures that they fully benefit from the specialised expertise of national supervisory authorities . ### the commission should endorse those draft technical standards in order to give them binding legal effect . it can choose to reject them in part or in whole if , for example , the draft technical standards were incompatible with european union law , do not respect the principle of proportionality or run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of the european union financial services legislation . to ensure a smooth and expeditious adoption process for those standards , commission should be subject to a time limit when deciding when to endorse , partially endorse or reject them . the process for the development of technical standards in this regulation is without prejudice to the commission ' s powers to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union . the matters concerned by the technical standards do not involve policy decisions , and their content is framed by the union acts adopted at level 1 . development of the draft standards by the authority ensures that they fully benefit from the specialised expertise of national supervisory authorities .


### without prejudice to the powers of the commission under article 226 of the treaty , where a competent authority does not comply with the decision referred to in paragraph 4 of this article within the period of time specified therein , and where it is necessary to remedy in a timely manner the non compliance by the competent authority in order to maintain or restore neutral conditions of competition in the market or ensure the orderly functioning and integrity of the financial system , the authority may , where the relevant requirements of the legislation referred to in article 1 are directly applicable to financial market participants , adopt an individual decision addressed to a financial market participant requiring the necessary action to comply with its obligations under community law including the cessation of any practice . ### without prejudice to the powers of the commission under article 258 of the treaty , where a competent authority does not comply with the decision referred to in paragraph 4 of this article within the period of time specified therein , and where it is necessary to remedy in a timely manner the non compliance by the competent authority in order to maintain or restore neutral conditions of competition in the market or ensure the orderly functioning and integrity of the financial system , the authority shall , pursuant to the legislation referred to in article 1 , , adopt an individual decision addressed to a financial market participant requiring the necessary action to comply with its obligations under union law including the cessation of any practice .


### serious threats to the orderly functioning and integrity of financial markets or the stability of the financial system in the community require a swift and concerted response at community level . the authority should therefore be able to require national supervisory authorities to take specific actions to remedy an emergency situation . as the determination of an emergency situation involves a significant degree of discretion , this power should be conferred on the commission . to ensure an effective response to the emergency situation , in the event of inaction by the competent national supervisory authorities , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial market participants in areas of community law directly applicable to them aimed at mitigating the effects of the crisis and restoring confidence in the markets . ### serious threats to the orderly functioning and integrity of financial markets or the stability of the financial system in the union require a swift and concerted response at union level . the authority should therefore be able to require national supervisory authorities to take specific actions to remedy an emergency situation . the european systemic risk board should establish when there is an emergency situation . as the determination of an emergency situation involves a significant degree of discretion , this power should be conferred on the commission . to ensure an effective response to the emergency situation , in the event of inaction by the competent national supervisory authorities , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial market participants in areas of union law directly applicable to them aimed at mitigating the effects of the crisis and restoring confidence in the markets .


### where the council does not take a decision within ten working days , the authority ' s decision shall be deemed to be maintained . ### where the council does not take a decision within ten working days , the authority ' s decision shall be deemed to be revoked .


### the board of appeal shall be composed of six members and six alternates , who shall be individuals with relevant knowledge and experience , excluding current staff of the competent authorities or other national or community institutions involved in the activities of the authority . ### the board of appeal shall be composed of six members and six alternates . it shall comprise of individuals of high repute with a proven record of relevant knowledge and professional expertise , including supervisory experience at a sufficiently high level in the fields of banking , insurance and occupational pensions , securities markets or other financial services , and at least two members with sufficient legal expertise to provide expert legal advice on the authority ' s exercise of its powers .


### before submitting them to the commission , the authority shall , where appropriate , conduct open public consultations on technical standards and analyse the potential related costs and benefits . ### the authority shall conduct open public consultations on technical standards and analyse the potential related costs and benefits before adopting draft technical standards . the authority shall also request an opinion or advice of the banking stakeholder group referred to in article 22 .


### any action by the competent authorities in relation to facts which are subject to a decision pursuant to paragraph 4 or 6 shall be compatible with those decisions . ### when taking action in relation to issues which are subject to a formal opinion pursuant to paragraph 4 or 6 competent authorities shall comply with the formal opinion or the decision , as the case may be .


### for the purpose of consultation with stakeholders in areas relevant to the tasks of the authority , a securities and markets stakeholder group shall be established . ### to help facilitate consultation with stakeholders in areas relevant to the tasks of the authority , a securities and markets stakeholder group shall be established .


### where the competent authority has not complied with community law within one month from receipt of the authority ' s recommendation , the commission may , after having been informed by the authority or on its own initiative , take a decision requiring the competent authority to take the action necessary to comply with community law . ### where the competent authority has not complied with union law within the ten working days set out in paragraph 3 of this article from receipt of the authority ' s recommendation , the authority shall take a decision requiring the competent authority to take the action necessary to comply with union law .


### any action by the competent authorities in relation to facts which are subject to a decision pursuant to paragraph 4 or 6 shall be compatible with those decisions . ### when taking action in relation to issues which are subject to a decision pursuant to paragraph 4 or 6 competent authorities shall comply with such decision .


### where the competent authority has not complied with community law within one month from receipt of the authority ' s recommendation , the commission may , after having been informed by the authority or on its own initiative , take a decision requiring the competent authority to take the action necessary to comply with community law . ### where the competent national authority has not complied with union law within one month from receipt of the authority ' s recommendation , the authority may take a decision requiring the competent national authority to take the action necessary to comply with union law .


### in order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different member states , the authority should be able to settle disagreements between those competent authorities with binding effect , including within colleges of supervisors . a conciliation phase should be provided for , during which the competent authorities may reach an agreement . the authority ' s competence should cover disagreements on procedural obligations in the cooperation process as well as on the interpretation and application of community law in supervisory decisions . existing conciliation mechanisms provided for in sectoral legislation have to be respected . in the event of inaction by the national supervisory authorities concerned , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial market participants in areas of community law directly applicable to them . ### in order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different member states , the authority should be able to settle disagreements between those competent authorities with binding effect , including within colleges of supervisors . a conciliation phase should be provided for , during which the competent authorities may reach an agreement . the authority ' s competence should cover disagreements on procedural obligations in the cooperation process as well as on the interpretation and application of union law in supervisory decisions . existing conciliation mechanisms provided for in sectoral legislation have to be respected . in the event of inaction by the national supervisory authorities concerned , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial market participants in areas of union law directly applicable to them . this also applies to disagreements within a college of supervisors .


### for the purposes of article 11 , the board of supervisors shall convoke a panel to facilitate the settlement of the disagreement , consisting of the chairperson and two of its members , who are not representatives of the competent authorities which are parties to the disagreement . ### for the purposes of article 11 , the board of supervisors shall convoke a panel to facilitate the settlement of the disagreement , consisting of the chairperson , two members of the board of supervisors and two people drawn from an expert list that the chairperson shall maintain . no member of the panel from the board of supervisors shall be drawn from a national supervisory authority party to the disagreement , nor shall they have any interest in the conflict . the panel shall reach a decision by simple majority .


### where the authority maintains its decision , the council , acting by qualified majority as defined in article 205 of the treaty , shall , within two months , decide whether the authority ' s decision is maintained or revoked . ### where the authority maintains its decision , the council shall take a decision by a majority of the votes cast , at one of its meetings at the latest two months after the authority has informed the member state as set out in the previous subparagraph , as to , decide whether the authority ' s decision is maintained .


### two members of the board of appeal and two alternates shall be appointed by the management board of the authority from a short - list proposed by the commission , following a public call for expression of interest published in the official journal of the european union , and after consultation of the board of supervisors . ### the members of the board of appeal and their alternates shall be appointed by the management board of the authority from a short - list proposed by the commission , following a public call for expression of interest published in the official journal of the european union , and after consultation of the board of supervisors .


### if , at the end of the conciliation phase , the competent authorities concerned have failed to reach an agreement , the authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter , in compliance with community law . ### if , at the end of the conciliation phase , the competent authorities concerned have failed to reach an agreement , the authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter , in order to ensure compliance with european union law .


### the commission shall take such a decision no later than three months from the adoption of the recommendation . the commission may extend this period by one month . ### the authority shall take such a decision no later than one month from the adoption of the recommendation .


### where the commission has adopted a decision pursuant to paragraph 1 , the authority may adopt individual decisions requiring competent authorities to take the necessary action in accordance with the legislation referred to in article 1 to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial market participants and competent authorities satisfy the requirements laid down in that legislation . ### where the existence of an emergency situation is declared pursuant to paragraph 1 , the authority may adopt decisions addressed to the competent authorities of member states requring them to take the necessary action in accordance with the legislation referred to in article 1 to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial market participants and competent authorities satisfy the requirements laid down in that legislation .


### basic requirements to be fulfilled by public transport offer such as accessibility , territorial connectivity , security , modal and intermodal interconnections at main connecting hubs , offer characteristics such as times of operation , frequency of services and minimum degree of capacity utilisation ; ### basic requirements to be fulfilled by public transport offer , including in respect of modal and intermodal connections at main connecting hubs ;


### competent authorities shall establish and regularly update public passenger transport plans covering all relevant transport modes for the territory for which they are responsible . these public transport plans shall define the objectives of public transport policy and the means to implement them covering all relevant transport modes for the territory for which they are responsible . they shall at least include : ### competent authorities shall establish and regularly update public passenger transport plans for the territory for which they are responsible . these public transport plans shall define the objectives of public transport policy and the means to implement them for the territory for which they are responsible . they shall at least include :


### “competent local authority” means any competent authority whose geographical area of competence is not national and which covers the transport needs of an urban agglomeration or a rural district ; ### ' competent local authority ' means any competent authority whose geographical area of competence is not national and which covers the transport needs of an urban agglomeration or a rural district or both ;


### to facilitate the preparation of tenders , and hence enhance competition competent authorities need to ensure that all public service operators interested in making such a submission receive certain information on the transport services and infrastructure covered by the public service contract . ### to facilitate the preparation of tenders , and hence enhance competition competent authorities need to ensure that all public service operators interested in making such a submission receive information on the transport services and infrastructure covered by the public service contract to the extent that they cannot be deemed as discriminated by the contracting authority with regard to other competitors .


### operational requirements such as transport of bicycles , traffic management , contingency plan in case of disturbances . ### other operational requirements


### the specifications of public service obligations and the related compensation of the net financial effect of public service obligations shall : ### ' the specifications of public service obligations and the related compensation of the net financial effect of public service obligations shall achieve the objectives of the public transport plan in the most cost effective manner , avoid over - and under - compensation and financially sustain the provision of public passenger transports in long term . '


### in principle , all documents of the institutions should be accessible to the public . however , certain public and private interests should be protected by way of exceptions . the institutions should be entitled to protect their internal consultations and deliberations where necessary to safeguard their ability to carry out their tasks . in assessing the exceptions , the institutions should take account of the principles in community legislation concerning the protection of personal data , in all areas of union activities . ### all documents of the institutions should be accessible to the public . exceptions to this principle should be made to protect certain public and private interests , but such exceptions should be governed by a transparent system of rules and procedures . although institutions should be entitled to protect their internal consultations and deliberations where necessary to safeguard their ability to carry out their tasks , the overall goal should be the implementation of citizens ' fundamental right of access . in assessing the exceptions , the institutions should take account of the principles in community legislation concerning the protection of personal data , in all areas of union activities .


### the purpose of this regulation is to give the fullest possible effect to the right of public access to documents and to lay down the general principles and limits on such access in accordance with article 255 of the ec treaty . ### the purpose of this regulation is to give the fullest possible effect to the right of public access to documents and to lay down the general principles and the exceptions to such access on grounds of public and private interest in accordance with article 15 tfeu and in accordance with the provisions on the openness of the union ' s institutions , bodies , offices , and agencies as laid down in article 15 tfeu .


### the time limit for the retention of data in the in - vehicle system ; ### the time limit for the retention of data in the in - vehicle system , and the conditions and justification under which it is permitted to store such data ;


### the mandatory equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional services should be designed not to increase driver distraction . ### member states may equip vehicles with the ecall in - vehicle system without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services , in parallel with or building on the 112 - based ecall in - vehicle system .


### deposits that fulfil social considerations defined in national law and are linked to particular life events such as marriage , divorce , invalidity or decease of a depositor . the coverage shall not exceed a time period of 12 months after such event . ### deposits that fulfil social considerations defined in national law and are linked to particular life events such as marriage , divorce , invalidity or decease of a depositor . the coverage shall be for 3 months after the event , or longer at the member states ' s discretion to a maximum of 12 months .


### taking into account efrag ' s key role in supporting internal market law and policy and in representing european interests in the standard - setting process at international level , it is necessary for the union to ensure efrag ' s stable financing and thus contribute to its funding . ### taking into account efrag ' s single role in ensuring that ifrs are compliant with the requirements of union company law and policy , as laid out in the ias regulation 2002 , it is necessary for the union to ensure efrag ' s stable financing and thus contribute to its funding . such financing arrangements should be reassessed in the light of any decision taken to give efrag more responsibilities in terms of influencing the iasb in addition to fulfilling the basic task required by the ias regulation 2002 .