### in order to ensure uniform application of article 93 , the european securities and markets authority may develop draft technical standards to determine the conditions of application with regard to : the form and contents of a standard model notification letter to be used by a ucits for the purpose of notification referred to in article 93 , including an indication as to which documents the translations refer to ; the form and contents of a standard model attestation to be used by competent authorities of member states referred to in article 93 ; the procedure for the exchange of information and the use of electronic communication between competent authorities for the purpose of notification under the provisions of article 93 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards to determine the conditions of application with regard to : the form and contents of a standard model notification letter to be used by a ucits for the purpose of notification referred to in article 93 , including an indication as to which documents the translations refer to ; the form and contents of a standard model attestation to be used by competent authorities of member states referred to in article 93 ; the procedure for the exchange of information and the use of electronic communication between competent authorities for the purpose of notification under the provisions of article 93 . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] .


### in accordance with article 26 of the treaty , the internal market is to comprise an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured . the harmonisation of certain aspects of package contracts and assisted travel arrangements is necessary for the creation of a real consumer internal market in this area , striking the right balance between a high level of consumer protection and the competitiveness of businesses . ### in accordance with article 26 of the treaty , the internal market is to comprise an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured . the harmonisation of appropriate aspects of package contracts and assisted travel arrangements is necessary for the creation of a real consumer internal market in this area , striking the right balance between a high level of consumer protection and the competitiveness of businesses .


### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or an assisted travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if it accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as travel insurance , transport of luggage , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right . ### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with carriage of passengers should be considered as capable of constituting a package or a linked travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if it is specifically marketed to consumers as such and if it accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as travel insurance , transport of luggage , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right .


### member states should ensure that travellers purchasing a package or an assisted travel arrangement are fully protected against the insolvency of the organiser , of the retailer having facilitated the assisted travel arrangement or of any of the service providers . member states in which package organisers and retailers facilitating assisted travel arrangements are established should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency . while retaining discretion as to the way in which insolvency protection is granted , member states should ensure that their national insolvency protection schemes are effective and able to guarantee prompt repatriation and the refund of all travellers affected by the insolvency . the required insolvency protection should take into account the actual financial risk of the activities of the organiser , relevant retailer or service provider , including the type of combination of travel services they sell , foreseeable seasonal fluctuations as well as the extent of pre - payments and the way in which these are secured . in accordance with directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market25 , in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy , such security may not be limited to attestations issued by financial operators established in a particular member state . __________________ 25 oj l376 , 27 . 12 . 2006 , p . 36 . ### member states should ensure that travellers purchasing a package or a linked travel arrangement are fully protected against the insolvency of the organiser , of the retailer having facilitated the linked travel arrangement or of any of the service providers . member states in which package organisers and retailers facilitating assisted travel arrangements are established should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency . while retaining discretion as to the way in which insolvency protection is granted , member states should ensure that their national insolvency protection schemes are effective and able to guarantee prompt repatriation and the refund of all travellers affected by the insolvency . where a consumer would prefer to complete the package or linked travel arrangement , rather than obtain a full refund , the insolvency protection may , where appropriate , provide for the fulfilment of existing contracts , in order to enable the package or linked travel arrangement to continue at no additional cost to the consumer . the required insolvency protection should take into account the actual financial risk of the activities of the organiser , relevant retailer or service provider , including the type of combination of travel services they sell , foreseeable seasonal fluctuations as well as the extent of pre - payments and the way in which these are secured . in accordance with directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market25 , in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy , such security may not be limited to attestations issued by financial operators established in a particular member state . __________________ 25 oj l376 , 27 . 12 . 2006 , p . 36 .


### this directive is to contribute to the proper functioning of the internal market and to the achievement of a high level of consumer protection by approximating certain aspects of the laws , regulations and administrative provisions of the member states in respect of contracts on package travel and assisted travel arrangements concluded between travellers and traders . ### this directive is to contribute to the proper functioning of the internal market and to the achievement of a high level of consumer protection by approximating appropriate aspects of the laws , regulations and administrative provisions of the member states in respect of contracts on package travel and assisted travel arrangements concluded between travellers and traders .


### packages where not more than one travel service as referred to in points , , and of article 3 is combined with a travel service as referred to in point of article 3 if this service does not account for a significant proportion of the package ; or ### packages where not more than one travel service as referred to in points , , and of article 3 is combined with a travel service as referred to in point of article 3 if this service does not account for a significant proportion of the package or the ancillary service clearly is not marketed as the main element of the trip ; or


### ‘ package’ means a combination of at least two different types of travel services for the purpose of the same trip or holiday , if : ### ‘ package’ means a combination of carriage of passengers and at least one different type of travel service for the purpose of the same trip or holiday , if :


### purchased from a single point of sale within the same booking process , ### purchased from a single point of sale within the same booking process where all the services have been selected by the traveller before the traveller has agreed to pay the total price ,


### ‘ assisted travel arrangement’ means a combination of at least two different types of travel services for the purpose of the same trip or holiday , not constituting a package , resulting in the conclusion of separate contracts with the individual travel service providers , if a retailer facilitates the combination : ### ‘ linked travel arrangement’ means a combination of carriage of passengers and at least one different type of travel service for the purpose of the same trip or holiday , not constituting a package , resulting in the conclusion of separate contracts with the individual travel service providers , if a retailer facilitates the combination :


### through the procurement of additional travel services from another trader in a targeted manner through linked online booking processes at the latest when the booking of the first service is confirmed ; ### through the procurement of additional travel services offered by another trader in a targeted manner through linked online booking processes commencing at the latest when the booking of the first service is confirmed and concluded not more than one day after that confirmation ;


### at or immediately after the conclusion of the contract , the organiser shall provide the traveller with a copy of the contract or a confirmation of the contract on a durable medium . ### at or as soon as feasible after the conclusion of the contract , the organiser shall provide the traveller with a copy of the contract or a confirmation of the contract on a durable medium .


### the price increase referred to in paragraph 1 shall be valid only if the organiser notifies the traveller of it with a justification and calculation on a durable medium at the latest 20 days prior to the start of the package . ### the price increase referred to in paragraph 1 shall be valid only if the organiser , without undue delay , notifies the traveller clearly and comprehensibly on a durable medium at the latest 20 days prior to the start of the package : of the price increase with a justification and calculation , and ; b ) of the fact that the traveller may terminate the contract without penalty within a specified reasonable time - limit and that otherwise the price increase will be considered as accepted .


### assisting the traveller in making distance communications and alternative travel arrangements . ### assisting the traveller to make distance communications and helping the traveller to source alternative travel arrangements .


### pursuant to articles 8 and 10 of the treaty , the programme should support the mainstreaming of gender equality and anti - discrimination objectives in all its activities . regular monitoring and evaluation should be carried out to assess the way in which gender equality and anti - discrimination issues are addressed in the programme ' s activities . ### pursuant to articles 8 and 10 of the treaty , the programme should support the mainstreaming of gender equality and anti - discrimination objectives in all its activities . regular monitoring and evaluation should be carried out to assess the way in which gender equality and anti - discrimination issues are addressed in the programme ' s activities , and , in order to minimise its impact on the programme budget , gender and anti - discrimination spending should be moved to the rights and citizenship programme .


### in the light of advice from ices and stecf certain technical conservation measures in the west of scotland , celtic sea and irish sea to protect rockall haddock , cod , haddock and whiting stocks should be maintained to contribute to the conservation of fish stocks . ### in the light of advice from ices and stecf certain technical conservation measures in the celtic sea and irish sea to protect cod , haddock and whiting stocks should be maintained to contribute to the conservation of fish stocks .


### by way of derogation from paragraph 1 , it shall be permitted to conduct fishing activities using inshore static nets fixed with stakes , scallop dredges , mussel dredges , handlines , mechanised jigging , draft nets and beach seines , pots and creels within the specified areas and time periods , provided that : ### by way of derogation from paragraph 1 , it shall be permitted to conduct fishing activities using inshore static nets fixed with stakes , scallop dredges and gears that target queen scallops , mussel dredges , handlines , mechanised jigging , draft nets and beach seines , pots and creels within the specified areas and time periods , provided that :


### the fishing gear used incorporates a sorting grid in accordance with annex xiva ; or a square - mesh panel as described in annex xivc ; ### the fishing gear used incorporates a sorting grid in accordance with annex xiva ; or a square - mesh panel as described in annex xivc ; or equivalent highly selective gear that has been approved by stecf .


### this regulation shall not affect national laws which require that certain devices may only be supplied on a medical prescription . ### this regulation requires that certain devices may only be supplied on a medical prescription but shall not affect national laws which require that certain other devices may also only be supplied on a medical prescription . direct to consumer advertising of devices classed as prescription only by this regulation shall be illegal . the following devices may only be supplied on a medical prescription : class d devices 2 ) class c devices in the following categories : devices for genetic testing ; companion diagnostics . the commission shall be empowered to adopt delegated acts in accordance with article 85 to decide on other category c tests after consultation with stakeholders .


### ‘ device for self - testing’ means any device intended by the manufacturer to be used by lay persons ; ### ‘ device for self - testing’ means any device intended by the manufacturer to be used by lay persons , including testing services offered to lay persons by means of information society services ;


### hospitalisation or extending the duration of hospitalisation , ### hospitalisation or prolongation of patient hospitalisation ,


### where no harmonised standards exist or where relevant harmonised standards are not sufficient , the commission shall be empowered to adopt common technical specifications in respect of the general safety and performance requirements set out in annex i , the technical documentation set out in annex ii or the clinical evidence and post - market follow - up set out in annex xii . the cts shall be adopted by means of implementing acts in accordance with the examination procedure referred to in article 84 . ### for class d devices and as needed for companion diagnostics , where no harmonised standards exist or where there is a need to address a public health concern the commission shall be empowered to adopt common technical specifications in respect of the general safety and performance requirements set out in annex i , the technical documentation set out in annex ii or the clinical evidence and post - market follow - up set out in annex xii . the cts shall be adopted by means of implementing acts in accordance with the examination procedure referred to in article 84 .


### manufacturers who consider or have reason to believe that a device which they have placed on the market is not in conformity with this regulation shall immediately take the necessary corrective action to bring that product into conformity , withdraw it or recall it , as appropriate . they shall inform the distributors and , where applicable , the authorised representative accordingly . ### manufacturers who consider or have reason to believe that a device which they have placed on the market is not in conformity with this regulation shall immediately take the necessary corrective action to bring that product into conformity , withdraw it or recall it , as appropriate . they shall inform the distributors , importers and , where applicable , the authorised representative accordingly .


### distributors who consider or have reason to believe that a device which they have made available on the market is not in conformity with this regulation shall immediately inform the manufacturer and , where applicable , his authorised representative and the importer and make sure that the necessary corrective action to bring that device into conformity , withdraw or recall it , if appropriate , is taken . where the device presents a risk , they shall also immediately inform the competent authorities of the member states in which they made the device available , giving details , in particular , of the non - compliance and of any corrective action taken . ### distributors who consider or have reason to believe that a device which they have made available on the market is not in conformity with this regulation shall immediately inform the manufacturer and , where applicable , his authorised representative and the importer and make sure that , within the limits of its respective activities , the necessary corrective action to bring that device into conformity , withdraw or recall it , if appropriate , is taken . where the device presents a risk , they shall also immediately inform the competent authorities of the member states in which they made the device available , giving details , in particular , of the non - compliance and of any corrective action taken .


### in addition , where a reference laboratory is designated in accordance with article 78 , the notified body performing the conformity assessment shall request that reference laboratory to verify compliance of the device with the applicable cts , when available , or with other solutions chosen by the manufacturer to ensure a level of safety and performance that is at least equivalent , as specified in section 5 . 4 of annex viii and in section 3 . 5 of annex ix . ### in addition , where a reference laboratory is designated in accordance with article 78 , the notified body performing the conformity assessment shall request that reference laboratory to verify by laboratory testing compliance of the device with the applicable cts , as specified in section 5 . 4 of annex viii and in section 3 . 5 of annex ix . laboratory tests performed by a reference laboratory shall focus on in particular analytic sensitivity and specificity using reference materials and diagnostic sensitivity and specificity using specimens from early and established infection .


### the member states shall take all appropriate measures to encourage healthcare professionals , users and patients to report to their competent authorities suspected serious incidents referred to in point of paragraph 1 . they shall record such reports centrally at national level . where a competent authority of a member state obtains such reports , it shall take the necessary steps to ensure that the manufacturer of the device concerned is informed of the incident . the manufacturer shall ensure the appropriate follow - up . ### the member states shall take all appropriate measures to encourage healthcare professionals , including doctors and pharmacists , users and patients to report to their competent authorities suspected serious incidents referred to in point of paragraph 1 . they shall record such reports centrally at national level . where a competent authority of a member state obtains such reports , it shall take the necessary steps to ensure that the manufacturer of the device concerned is informed of the incident . the manufacturer shall ensure the appropriate follow - up .


### to carry out appropriate tests on samples of manufactured class d devices or batches of class d devices , as provided for in the section 5 . 7 of annex viii and in section 5 . 1 of annex x ; ### to carry out appropriate tests on samples of manufactured class d devices on request of competent authorities on samples collected during market surveillance activities under article 65 and of notified bodies on samples collected during unannounced inspections under annex viii section 4 . 4 ;


### for companion diagnostic intended to be used to assess the patient eligibility to a treatment with a specific medicinal product , the notified body shall consult before issuing an eu design - examination certificate and on the basis of the draft summary of safety and performance and the draft instructions for use , one of the competent authorities designated by the member states in accordance with directive 2001 / 83 / ec or the european medicines agency established by the regulation no 726 / 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency , regarding the suitability of the device in relation to the medicinal product concerned . where the medicinal product falls exclusively within the scope of the annex of regulation no 726 / 2004 , the notified body shall consult the ema . ### before issuing an eu design - examination certificate , the notified body shall request a reference laboratory , where designated in accordance with article 78 , to verify compliance of the device with the cts , when available , or with other solutions chosen by the manufacturer to ensure a level of safety and performance that is at least equivalent . the reference laboratory shall provide a scientific opinion within 30 days . the scientific opinion of the reference laboratory and any possible updates shall be included in the documentation of the notified body concerning the device . the notified body shall give due consideration to the views expressed in the scientific opinion when making its decision . the notified body shall not deliver the certificate if the scientific opinion is unfavourable .


### 5 . in the case of devices classified as class d , request a reference laboratory , where designated in accordance with article 78 , to verify compliance of the device with the cts or with other solutions chosen by the manufacturer to ensure a level of safety and performance that is at least equivalent . the reference laboratory shall provide a scientific opinion within 30 days . the scientific opinion of the reference laboratory and any possible update shall be included in the documentation of the notified body concerning the device . the notified body shall give due consideration to the views expressed in the scientific opinion when making its decision . the notified body shall not deliver the certificate if the scientific opinion is unfavourable ; ### 5 . in the case of devices classified as class d , or for companion diagnostics , request a reference laboratory , where designated in accordance with article 78 , to verify compliance of the device with the cts or with other solutions chosen by the manufacturer to ensure a level of safety and performance that is at least equivalent . the reference laboratory shall provide a scientific opinion within 30 days . the scientific opinion of the reference laboratory and any possible update shall be included in the documentation of the notified body concerning the device . the notified body shall give due consideration to the views expressed in the scientific opinion when making its decision . the notified body shall not deliver the certificate if the scientific opinion is unfavourable ;


### where the design of the passenger ship or port infrastructure and equipment , including port terminals , makes it impossible to carry out the embarkation , disembarkation or carriage of the disabled person or person with reduced mobility in a safe or operationally feasible manner . ### where the design , medical or other care facilities of the passenger ship or infrastructure and equipment of the port , including port terminals , makes it impossible to carry out the embarkation , disembarkation or carriage of the disabled person or person with reduced mobility in a safe or operationally feasible manner .


### general information requirements ### information requirements


### the existence of a right of withdrawal , where applicable ; ### the existence or the absence of a right of withdrawal and the conditions and procedures for exercising that right including the eventual costs of return of the goods , in accordance with annex i ;


### in the case of a distance contract for the sale of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods ordered . ### the withdrawal period ends fourteen days after the latest of the following times : the time of conclusion of the contract ; b ) the time when the entitled party receives from the other party adequate information on the right to withdraw ; or c ) if the subject - matter of the contract is the delivery of goods , the time when the goods are received ; d ) if the subject - matter of the contract is a mixed - contract the time when the latest event takes place .


### the consumer shall only be charged for the direct cost of returning the goods unless the trader has agreed to bear that cost . ### the costs of return of the good shall be borne by the trader unless stipulated otherwise in the contract .


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


### the same defect has reappeared more than once within a short period of time . ### the same or another defect has appeared within a short period of time after the good was first repaired or replaced .


### the trader shall be held liable under article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer . ### the trader shall be held liable under article 25 where the lack of conformity becomes apparent within six years as from the time the risk passed to the consumer .


### when the trader has remedied the lack of conformity by replacement , he shall be held liable under article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods . ### when the trader has remedied the lack of conformity by repair or replacement , the period specified in paragraph 1 shall be suspended from the moment the consumer informs the trader of the lack of conformity until the moment the consumer has reacquired the material possession of the replaced goods .


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


### in 2007 - 2009 , exceptional developments took place in milk and milk products sector markets . initially , extreme weather conditions in oceania brought about a significant decline in supplies , leading to a rapid and significant increase in prices . yet while world supplies had started their recovery , and prices had started to return to more normal levels , the subsequent financial and economic crisis negatively affected eu dairy producers , aggravating price volatility . initially feed and other input costs including energy increased significantly as a result of higher commodity prices . subsequently , a drop in worldwide , as well as eu , demand , including for milk and milk products , whilst eu production was stable led to a collapse in eu prices , down to the lower safety net level . this sharp decline in dairy commodity prices failed to fully translate into lower dairy prices at consumer levels , generating a widening in the gross margin of the downstream sectors for most milk and milk sector products and countries , and preventing demand for them to adjust to low commodity prices , slowing down price recovery and exacerbating the impact of low prices on milk producers . ### in the period from 2007 to2009 , exceptional events impacted on the milk and milk products sector causing extreme price volatility , ultimately resulting in a price crash in 2009 which forced many dairy farmers in europe out of business and put the viability of many other dairy producers at serious risk .


### in october 2009 , in light of this difficult market situation for milk , a high level expert group on milk was set up with the purpose of discussing mid - term and long - term arrangements for the milk and milk products sector , given the expiry of dairy quotas in 2015 . while respecting the outcome of the health check , the hlg was to work on a regulatory framework to be put in place , to contribute to stabilising the market and producers ' income and enhance its transparency . ### in response to this difficult market situation for milk , a high level expert group on milk was set up , in october 2009 , with the purpose of discussing mid - and long - term arrangements for the milk and milk products sector which , in the context of the expiration of dairy quotas in 2015 , would contribute to stabilising the market and producers ' income and of enhancing transparency in the sector .


### ' fees ' means the charges , if any , payable by the consumer to the payment service provider for the provision of payment services or for transactions operated on a payment account ; ### ' fees ' means the charges , if any , payable by the consumer to the payment service provider for the provision of payment services or for transactions operated on a payment account ; penalties and charges for the violation of contractual obligations shall not be considered to be fees ;


### member states shall ensure that payment service providers provide the consumer with a statement of all fees incurred on their payment account at least annually . ### member states shall ensure that payment service providers provide the consumer with an electronic statement of all fees incurred on their payment account at least annually .


### it is also appropriate to provide definitions of ‘ watercraft built for own use’ and of ‘ private importer’ specific to this sector in order to facilitate the understanding and uniform application of this directive . ### it is also appropriate to provide definitions of ' watercraft built for own use ' and of ' private importer ' specific to this sector in order to facilitate the understanding and uniform application of this directive . it is necessary to extend the current definition of ' propulsion engine ' so that it also covers innovative propulsion solutions .


### in accordance with the principle of subsidiarity , the provisions of this directive should not affect member states’ entitlement to lay down such requirements as they may deem necessary concerning navigation on certain waters for the purpose of protection of the environment , the fabric of waterways , and ensuring safety of waterways , provided that those provisions do not require modification to the watercraft which is in conformity with this directive . ### in accordance with the principle of subsidiarity , the provisions of this directive should not affect member states’ entitlement to lay down such requirements as they may deem necessary concerning navigation on certain waters for the purpose of protection of the environment , the fabric of waterways , and ensuring safety of waterways , provided that those provisions do not require modification to the watercraft which is in conformity with this directive and that those provisions are justified and proportionate to the objective to be achieved . the commission should facilitate the exchange of best practices between member states on the application of article 5 by setting up an adequate system for such exchange .


### in order to take into account the progress of technical knowledge and new scientific evidence , 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 to amend section 2 of part b and section 1 of part c of annex i , with the exception of direct or indirect modifications to exhaust or noise emission values and to the froude and p / d ratio values , and annexes v , vii and ix . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . ### in order to take into account the progress of technical knowledge and new scientific evidence , 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 to amend section 2 of part b and section 1 of part c of annex i , with the exception of direct or indirect modifications to exhaust or noise emission values and to the froude and p / d ratio values , to include test cycles for hybrid engines and to amend annexes v , vii and ix . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level .


### ‘ propulsion engine’ means any spark or compression ignition , internal combustion engine used for propulsion purposes ; ### ' propulsion engine ' means any spark or compression ignition , internal combustion engine used directly or indirectly for propulsion purposes ;


### the provisions of this directive shall not prevent member states from adopting provisions concerning navigation on certain waters for the purpose of protection of the environment , the fabric of waterways , and ensuring safety of waterways , provided that those provisions do not require modification to watercraft conforming to this directive . ### the provisions of this directive shall not prevent member states from adopting provisions concerning navigation on certain waters for the purpose of protection of the environment , the fabric of waterways , and ensuring safety of waterways , provided that those provisions do not require modification to watercraft conforming to this directive and that those provisions are justified and proportionate . the commission shall facilitate the exchange of best practices between member states and set up an adequate system for such exchange .


### attention shall be paid to the provision of overload and short - circuit protection of all circuits , except engine starting circuits , supplied from batteries . ### attention shall be paid to the provision of adequate overload and short - circuit protection of all circuits , except engine starting circuits supplied from batteries . electric propulsion circuits shall be designed and installed to prevent any unwanted interaction with all other circuits . the installation shall ensure that devices which store electrical energy do not exceed the manufacturer ' s recommended maximum temperature limits . ventilation shall be provided to prevent the accumulation of gases which might be emitted . batteries shall be firmly secured and protected from ingress of water .


### those producers shall ensure that any trifluoromethane produced as a by - product in significant quantities is destroyed as part of the manufacturing process . ### those producers shall ensure that trifluoromethane produced as a by - product as part of the manufacturing process is destroyed in line with best available techniques .


### member states shall establish training and certification programmes for the following persons : ### member states shall establish certification programmes , including evaluation processes , and shall ensure that training is available for the following persons :


### persons who install , service , maintain , repair or decommission of the equipment listed in the third subparagraph of article 3 ; ### persons who install , service , maintain , repair or decommission the equipment listed in the third subparagraph of article 3 ;


### the commission shall be empowered to adopt delegated acts in accordance with article 20 amending the list set out in annex iii to include other products and equipment that contain fluorinated greenhouse gases with a global warming potential of 150 or more , or that rely on them to work , if it has been established that alternatives to the use of fluorinated greenhouse gases or to the use of specific types of fluorinated greenhouse gases are available , and their use would result in lower overall greenhouse gas emissions and to exclude , where appropriate for a specified period of time , certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are not available for technical , economic or safety reasons . ### the commission may , following a request by a competent authority of a member state , by means of implementing acts authorise a time - limited exemption to exclude certain categories of products or equipment listed in annex iii where alternative substances are not available or cannot be used for technical , economic or safety reasons . those implementing acts shall be adopted in accordance with the examination procedure in article 21 .


### the commission shall be empowered to adopt delegated acts in accordance with article 20 amending the maximum quantities set out in annex v in the light of developments of the market in hydrofluorocarbons and related emissions ; and exempting the placing on the market for specific uses from the quota requirement laid down in paragraph 1 where the use of hydrofluorocarbons is necessary for health or safety reasons and a sufficient supply would otherwise not be ensured . ### the commission may , following a request by a competent authority of a member state , by means of implementing acts authorise a time - limited exemption to exclude from the quota requirement laid down in article 1 certain categories of products or equipment listed in annex iii where the use of hydrofluorocarbons is necessary for health and safety reasons and a sufficient supply would not otherwise be ensured . those implementing acts shall be adopted in accordance with the examination procedure in article 21 .


### references to the repealed regulation shall be construed as references to this regulation and shall be read in accordance with the correlation table in annex viii . ### references to the repealed regulation 842 / 2006 shall be construed as references to this regulation and shall be read in accordance with the correlation table in annex viii .


### community - led local development strategies ; ### public authorities´ and community - led local development strategies and territorial initiatives ;


### supporting the shift towards a low - carbon , climate - resilient , resource - efficient and environmentally sustainable economy , through reform of education and training systems , adaptation of skills and qualifications , up - skilling of the labour force , and the creation of new jobs in sectors related to the environment and energy ; ### supporting the shift towards a low - emission , climate - resilient , resource - efficient and environmentally sustainable economy , through reform of education and training systems , adaptation of skills and qualifications , up - skilling of the labour force , and the creation of new jobs in sectors related to the environment and energy ;


### the involvement of the social partners and other stakeholders , in particular non - governmental organisations , in the implementation of operational programmes , as referred to in article 5 of regulation no [ &#8230 ; ] , may take the form of global grants as defined in article 113 of regulation no [ &#8230 ; ] . in such a case , the operational programme shall identify the part of the programme concerned by the global grant , including an indicative financial allocation from each priority axis to it . ### the involvement of local and regional authorities , the social partners and other stakeholders , in particular non - governmental organisations , in the implementation of operational programmes , as referred to in article 5 of regulation no [ &#8230 ; ] , may take the form of global grants as defined in article 113 of regulation no [ &#8230 ; ] . in such a case , the operational programme shall identify the part of the programme concerned by the global grant , including an indicative financial allocation from each priority axis to it .


### to encourage adequate participation of the social partners in actions supported by the esf , managing authorities of an operational programme in a region as defined in article 82 of regulation no [ … ] or in member states eligible for cohesion fund support shall ensure that an appropriate amount of esf resources is allocated to capacity - building activities , in the form of training , networking measures , and strengthening of the social dialogue , and to activities jointly undertaken by the social partners . ### to encourage adequate participation of the regional and local public authorities as well as social partners in actions supported by the esf , managing authorities of an operational programme in a region as defined in article 82 of regulation no [ … ] or in member states eligible for cohesion fund support shall ensure that an appropriate amount of esf resources is allocated to capacity - building activities , in the form of training , networking measures , and strengthening of public authorities´ capacity to provide for community planning and strengthening of social dialogue , and to activities jointly undertaken by the public authorities and by social partners .


### grants reimbursed on the basis of the eligible cost of operations , determined in the way of flat - rate financing , standard scales of unit costs and lump sums as referred to in article 57 of regulation no [ … ] may be calculated on a case - by - case basis by reference to a draft budget agreed ex ante by the managing authority , where the public support does not exceed eur 100 000 . ### grants reimbursed on the basis of the eligible cost of operations , determined in the way of flat - rate financing , standard scales of unit costs and lump sums as referred to in article 57 of regulation no [ … ] may be calculated on a case - by - case basis by reference to a draft budget agreed ex ante by the managing authority , where the public support does not exceed eur 200 000 .


### ' standard ' means a technical specification for repeated or continuous application , with which compliance is not compulsory , and which is one of the following : ### ' standard ' means a technical specification established by consensus and approved by a recognised organisation for repeated or continuous use , with which compliance is not compulsory , and which is one of the following :


### ‘ european standard’ means a standard adopted by one of the european standardisation bodies ; ### ' european standard ' means a standard adopted by one of the european standardisation organisations with an obligation to implement it as an identical national standard and to withdraw conflicting national standards ;


### the public consultation on the union ' s strategic choices for the implementation of the new eu competence in the field of sport and the evaluation report of preparatory actions in the field of sport provided useful indications regarding priority areas for union action and illustrated the added value that the union can bring in supporting activities aimed at generating , sharing and spreading experiences and knowledge about different issues affecting sport at the european level . ### the public consultation on the union ' s strategic choices for the implementation of the new eu competence in the field of sport and the evaluation report of preparatory actions in the field of sport provided useful indications regarding priority areas for union action and illustrated the added value that the union can bring in supporting activities aimed at generating , sharing and spreading experiences and knowledge about different issues affecting sport at the european level , provided that they are focused primarily at grassroots level .


### member states should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the programme . this also implies that visas for participants should be handed out without delays , in order to ensure that no participant misses out on either a part of or the entire study , training programme or exchange , and to avoid cancellations of mobility actions and projects . in line with article 19 of the council directive 2004 / 114 / ec of 13 december 2004 on the conditions of admission of third country nationals for the purposes of studies , pupils exchange , unremunerated training or voluntary service , member states are encouraged to establish fast - track admission procedures . ### member states should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the programme . this also implies that visas for participants should be handed out without undue delay , whilst fully respecting the immigration criteria of the member state concerned , in order to ensure that no participant who is eligible to enter the member state concerned misses out on either a part of or the entire study , training programme or exchange , and to avoid cancellations of mobility actions and projects . in line with article 19 of the council directive 2004 / 114 / ec of 13 december 2004 on the conditions of admission of third country nationals for the purposes of studies , pupils exchange , unremunerated training or voluntary service , member states are encouraged to establish fast - track admission procedures .


### cooperation between the programme and international organisations in the field of education , training , youth and sport , in particular with the council of europe , needs to be strengthened . ### cooperation between the programme and international organisations in the field of education , training , youth and sport , in particular with the council of europe , needs to be strengthened , as does cooperation within international programmes with european neighbourhood policy countries .


### the european commission and the high representative of the european union for foreign affairs and security policy , in their joint communication on a new response to a changing neighbourhood outlined , inter alia , the aim to further facilitate neighbourhood countries’ participation in union mobility and capacity building actions in higher education and the opening of the future education programme to neighbouring countries . ### the european commission and the high representative of the european union for foreign affairs and security policy , in their joint communication on a new response to a changing neighbourhood outlined , inter alia , the aim to further facilitate neighbourhood countries’ participation in union mobility and capacity building actions in higher education and the opening of the future education programme to neighbouring countries . in this connection , attention should be drawn to the mutual benefits stemming from closer involvement of enp countries in mobility programmes .


### ' support for policy reform ' means any type of activity aimed at supporting and facilitating the modernization of education and training systems through the process of policy cooperation between member states , in particular the open methods of coordination ; ### ' support for policy reform ' means any type of activity aimed at supporting and facilitating the modernization of education and training systems through the process of policy cooperation between member states and between member states and other countries and players taking part in programmes , in particular the open methods of coordination ;


### ' partnership ' means an agreement between a group of institutions or organisations in different member states to carry out joint european activities in the field of education , training and youth or establishing a formal or informal network in a relevant field . as regards sport , it means an agreement with one or more third parties such as professional sport organisations or sponsors in different member states in order to attract additional sources of support for achieving the desired outcomes of the programme . ### ' partnership ' means an agreement between a group of institutions or organisations in different member states to carry out joint european activities in the field of education , training and youth or establishing a formal or informal network in a relevant field . as regards sport , it means an agreement with one or more third parties such as professional sport organisations or sponsors that may or may not be in different member states in order to attract additional sources of support for achieving the desired outcomes of the programme .


### in line with the general objective , the programme shall pursue the following specific objectives in the area of sport : ### in line with the general objective , the programme shall focus mainly on grassroots sport and pursue the following specific objectives in the field of sport :


### to tackle transnational threats to sport such as doping , match fixing , violence , racism and intolerance ; ### to tackle transnational threats to the integrity of sport such as doping , match fixing , violence , homophobia , xenophobia racism and related intolerance ;


### the objectives of cooperation in sport shall be pursued through the following transnational activities : ### the objectives of cooperation in sport shall be pursued through the following activities :


### support to capacity building of sport organisations ; ### structural support and support to capacity building of sport organisations ;


### member states shall promote that the websites concerned provide a statement on their accessibility , in particular on their compliance with this directive and with possibly additional accessibility information in support to users . ### member states shall encourage that the websites concerned provide a clear and concise statement on their accessibility , in particular on their compliance with this directive and with additional accessibility information in support to users .


### member states shall cooperate at union level with industry and civil society stakeholders , with facilitation by the commission , in order to review , for the purpose of the annual reporting referred to in article 7 , market and technological developments and progress in web - accessibility and to exchange best practices . ### member states shall cooperate with industry and civil society stakeholders at a national , and with facilitation by the commission , at a union level , in order to review , for the purpose of the annual reporting referred to in article 7 , market and technological developments and progress in web - accessibility and to exchange best practices .


### the commission establishes , by way of implementing acts , the methodology for the monitoring of the conformity of the websites concerned with the requirements for web - accessibility as set out in article 3 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 9 . the methodology will be published in the official journal of the european union . ### the commission establishes , by way of implementing acts , the methodology for the monitoring of the conformity of the websites concerned with the requirements for web - accessibility as set out in article 3 . those implementing acts shall be adopted in accordance with the examination procedure specified in article 5 of regulation no 182 / 2011 . the methodology will be published in the official journal of the european union .


### the commission shall co - operate with member states in order to improve the exchange of data and information between them and increase the volume of the data and information made available to the copernicus programme . ### the commission shall co - operate with the competent authorities at regional and national level in order to improve the exchange of data and information between them and increase the volume of the data and information made available to the copernicus programme .


### pursuant to article 25 of the charter of fundamental rights , the union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life . ### pursuant to article 25 of the charter of fundamental rights , the union recognises and respects the rights of older people to have access to appropriate health and social support , lead a life of dignity and independence and to participate in social and cultural life .


### the council adopted on 22 february 2007 a resolution on ‘ opportunities and challenges of demographic change in europe : the contribution of older people to economic and social development’ , which emphasised the need to increase the possibilities of active participation by older people , the new economic opportunities created by the growing demand of older people for certain goods and services as well as the importance of a positive public image of older people . ### the council adopted on 22 february 2007 a resolution on ‘ opportunities and challenges of demographic change in europe : the contribution of older people to economic and social development’ , which emphasised the need to increase the possibilities of active participation by older people , the new economic opportunities created by the growing demand of older people for certain goods and services as well as the importance of the best possible health and quality of life and a positive public image of older people .


### the commission proposed in its proposal for a council decision on ‘ guidelines for the employment policies of the member states’ of 27 april 2010 , which calls under the guidelines 7 and 8 on member states to increase labour force participation through policies to promote active ageing , to raise employment rates of older workers through innovation in work organisation and to increase the employability of older workers through up - skilling and participation in lifelong learning schemes . guideline 10 emphasises the need to enhance social protection systems , lifelong learning and active inclusion policies with the aim to create opportunities at different stages of people ' s lives and shield them from the risk of social exclusion . ### the commission proposed in its proposal for a council decision on ‘ guidelines for the employment policies of the member states’ of 27 april 2010 , which calls under the guidelines 7 and 8 on member states to increase labour force participation through policies to promote healthy and active ageing , to raise employment rates of older workers through innovation in work organisation and to increase the employability of older workers through up - skilling and participation in lifelong learning schemes . guideline 10 emphasises the need to enhance social protection systems , lifelong learning and active inclusion policies with the aim to create opportunities at different stages of people ' s lives and shield them from the risk of social exclusion .


### active ageing is targeted by several union programmes , such as the european social fund , the european regional and development fund , the progress programme , the life long learning programme , the public health programme , the specific programmes on information and communication technologies and on socio - economic sciences and humanities in the seventh framework programme for research and development , the action plan on ‘ ageing well in the information society’ , the ambient assisted living joint programme for research and innovation , the competitiveness and innovation programme with pilot deployment projects on ict for ageing well and the action plan on urban mobility . union co - financing of european year activities will be in accordance with the priorities and rules applying , on an annual or multi - annual basis , to existing programmes and autonomous budget lines in the field of employment , social affairs and equal opportunities . where appropriate , programmes and policies in other fields , such as education and culture , health , research , the information society , regional policy and transport policy , may support the european year . ### active and healthy ageing is targeted by several union programmes , such as the european social fund , the european regional and development fund , the progress programme , the life long learning programme , the public health programme , the specific programmes on information and communication technologies and on socio - economic sciences and humanities in the seventh framework programme for research and development , the action plan on ‘ ageing well in the information society’ , the ambient assisted living joint programme for research and innovation , the competitiveness and innovation programme with pilot deployment projects on ict for ageing well and the action plan on urban mobility . union co - financing of european year activities will be in accordance with the priorities and rules applying , on an annual or multi - annual basis , to existing programmes and autonomous budget lines in the field of employment , social affairs and equal opportunities . where appropriate , programmes and policies in other fields , such as education and culture , health , research , the information society , regional policy and transport policy , may support the european year .


### the overall purpose of the european year shall be to encourage and support the efforts of member states , their regional and local authorities , social partners and civil society to promote active ageing and to do more to mobilise the potential of the rapidly growing population in their late 50s and above , thereby preserving solidarity between generations . active ageing means creating better opportunities and working conditions to enable older workers to play their part in the labour market , combating social exclusion by fostering active participation in society , and encouraging healthy ageing . on this basis , the objectives shall be : ### the overall purpose of the european year shall be to encourage and support the efforts of member states , their regional and local authorities , social partners and civil society to promote active ageing and to do more to mobilise the potential of the rapidly growing population in their late 50s and above , thereby preserving solidarity between generations . good health is a precondition for active ageing . support for healthy ageing and measures to promote health ageing should therefore be an integral part of the european year . active ageing means creating better opportunities and working conditions to enable older workers to play their part in the labour market , by means of greater flexibility in labour relations , among other things , combating social exclusion by fostering active participation in society and by providing high - quality and accessible social services that permit ageing with dignity , and encouraging healthy ageing . on this basis , the objectives shall be :


### to stimulate debate and develop mutual learning between member states and stakeholders at all levels in order to promote active ageing policies , to identify and disseminate good practice and to encourage cooperation and synergies ; ### to stimulate debate and develop mutual learning between member states and stakeholders at all levels in order to promote healthy and active ageing policies , to identify and disseminate good practice and to encourage cooperation and synergies ;


### to offer a framework for commitment and concrete action to enable member states and stakeholders at all levels to develop policies through specific activities and to commit to specific objectives related to active ageing . ### to offer a framework for commitment and concrete action to enable member states and stakeholders at all levels to develop policies and a horizontal approach through specific activities and to commit to specific objectives related to healthy and active ageing .


### this directive does not apply to the concession award carried out by international organisations on their own behalf and for their own account . there is , however , a need to clarify to which extent it is appropriate to apply this directive to concession award governed by specific international rules . ### this directive does not apply to the concession award carried out by international organisations on their own behalf and for their own account . there is , however , a need to investigate to which extent it is appropriate to apply this directive to concession awards governed by specific international rules to allow greater legal certainty for economic operators .


### it is necessary to establish uniform rules at the level of the union applying across all participants of the investment product market on transparency so as to prevent divergences . a regulation is necessary to ensure that a common standard for key information documents is established in such a uniform fashion so as to be able to harmonise the format and the content of these documents . the directly applicable rules of a regulation should ensure that all participants in the investment product market are subject to the same requirements . this should also ensure uniform disclosures by preventing divergent national requirements as a result of the transposition of a directive . the use of a regulation is also appropriate to ensure that all those selling investment products are subject to uniform requirements in relation to the provision of the key information document to retail investors . ### it is necessary to establish uniform rules at the level of the union applying across all participants of the packaged retail investment product market on transparency so as to prevent divergences . a regulation is necessary to ensure that a common standard for key information documents is established in such a uniform fashion so as to be able to harmonise the format and the content of these documents . the directly applicable rules of a regulation should ensure that all participants in the packaged retail investment product market are subject to the same requirements . this should also ensure uniform disclosures by preventing divergent national requirements as a result of the transposition of a directive . the use of a regulation is also appropriate to ensure that all those selling packaged retail investment products are subject to uniform requirements in relation to the provision of the key information document to retail investors .


### key information documents are the foundation for investment decisions by retail investors . for this reason , investment product manufacturers have an important responsibility towards retail investors in ensuring that they comply with the rules of this regulation . it is therefore important to ensure that retail investors who relied on a key investor document for their investment decision have an effective right of redress . it should also be ensured that all retail investors across the union have the same right to seek compensation for damages they may suffer due to failures on the part of investment product manufacturers in complying with the requirements set out in this regulation . therefore , rules regarding the liability of the investment product manufacturers should be harmonised . this regulation should establish that the retail investor should be able to hold the product manufacturer liable for an infringement of this regulation in case a loss is caused through the use of the key information document . ### key information documents are the foundation for investment decisions by retail investors . for this reason , packaged retail investment product manufacturers have an important responsibility towards retail investors in ensuring that they comply with the rules of this regulation . it is therefore important to ensure that retail investors who relied on a key investor document for their investment decision have an effective right of redress . it should also be ensured that all retail investors across the union have the same right to seek compensation for damages they may suffer due to failures on the part of packaged retail investment product manufacturers in complying with the requirements set out in this regulation . therefore , rules regarding the liability of the packaged retail investment product manufacturers should be harmonised . this regulation should establish that the retail investor should be able to hold the product manufacturer liable for an infringement of this regulation in case a loss is caused through the use of the key information document that was misleading , inaccurate or inconsistent with the prospectus or , where no prospectus is prepared , the terms and conditions of the product .


### so that the retail investor is able to take an informed investment decision , persons selling investment products should be required to provide the key information document in good time before any transaction is concluded . this requirement should generally apply irrespective of where or how the transaction takes place . persons selling include both distributors and the investment product manufacturer themselves where they choose to sell the product directly to retail investors . to ensure necessary flexibility and proportionality , retail investors who wish to conclude a transaction using a means of distance communication should be able to receive the key information document after the conclusion of the transaction . even in this case the key information document would be useful for the investor , for instance to allow the investor to compare the product purchased with that described in the key information document . this regulation is without prejudice to the directive 2002 / 65 / ec of the european parliament and the council . ### so that the retail investor is able to take an informed investment decision , persons selling packaged retail investment products should be required to provide the key information document in good time before any transaction is concluded . this requirement should generally apply irrespective of where or how the transaction takes place . persons selling include both distributors and the packaged retail investment product manufacturer themselves where they choose to sell the product directly to retail investors . to ensure necessary flexibility and proportionality , retail investors who wish to conclude a transaction using a means of distance communication should be able to receive the key information document after the conclusion of the transaction . even in this case the key information document would be useful for the investor , for instance to allow the investor to compare the product purchased with that described in the key information document . this regulation is without prejudice to the directive 2002 / 65 / ec of the european parliament and the council .


### to ensure the trust of retail investors in investment products , requirements should be established for appropriate internal procedures which ensure that retail investors receive a substantive response from the investment product manufacturer to complaints . ### to ensure the trust of retail investors in packaged retail investment products , requirements should be established for appropriate internal procedures which ensure that retail investors receive a substantive response from the investment product manufacturer to complaints .


### by way of derogation from paragraph 1 , a person selling an investment product may provide the retail investor with the key information document immediately after the conclusion of the transaction where : ### in no event shall a person selling a packaged retail investment product to retail investors provide such investors with a key information document without first obtaining the written permission of the packaged retail investment product manufacturer to do so . such permission may be given by the packaged retail investment product manufacturer on an indefinite basis for a limited period of time or subject to other conditions . where any specified condition is not met , such permission will no longer be valid for the purposes of this paragraph .


### where the person selling the investment product has informed the retail investor of this fact . ### the person selling the packaged retail investment product has informed the retail investor of this fact .


### where successive transactions regarding the same investment product are carried out on behalf of a retail investor in accordance with instructions given by that investor to the person selling the investment product prior to the first transaction , the obligation to provide a key information document under paragraph 1 shall only apply to the first transaction . ### in the event a person selling a packaged retail investment product to retail investors either : fails to provide investors with a key information document ; or provides investors with a key information document in respect of which it has not obtained the permission required under paragraph 2 above , the sole responsibility for this breach will lie with the person selling such a packaged retail investment product and , unless the packaged retail investment product manufacturer is the person making such sale , no liability shall arise for the packaged retail investment product manufacturer .


### the person selling an investment product shall provide the key information document to retail investors free of charge . ### the person selling a packaged retail investment product shall provide the key information document to retail investors free of charge .


### the person selling an investment product shall provide the key information document to the retail investor in one of the following media : ### the person selling a packaged retail investment product shall provide the key information document to the retail investor in one of the following media :


### the investment product manufacturer shall establish appropriate procedures and arrangements which ensure that retail investors who have submitted a complaint in relation to the key information document receive a substantive reply in a timely and proper manner . ### the investment product manufacturer shall establish appropriate procedures and arrangements which ensure that retail investors who have submitted a complaint in relation to the key information document receive a substantive reply in a timely and proper manner , in accordance with the directive on alternative dispute resolution .


### the erdf should contribute to the europe 2020 strategy , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf should be concentrated on research and innovation , small and medium - sized enterprises and climate change mitigation . the degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period . ### the erdf should contribute to the europe 2020 strategy , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf should be primarily concentrated on research and innovation , small and medium - sized enterprises and climate change mitigation . the degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period .


### in order to identify or test new solutions to issues relating to sustainable urban development which are of relevance at union level , the erdf should support innovative actions in the field of sustainable urban development . ### in order to identify or test new solutions to issues relating to sustainable urban development which are of relevance at union level , the erdf should support innovative actions and technologies in the field of sustainable urban development including innovative traffic management systems .


### the erdf should address the problems of accessibility to , and remoteness from , large markets facing areas with an extremely low population density , as referred to in protocol no 6 on special provisions for objective 6 in the framework of the structural funds in finland and sweden to the 1994 act of accession . the erdf should also address the specific difficulties encountered by certain islands , mountainous areas , border regions and sparsely populated areas whose geographical situation slows down their development , with a view to supporting their sustainable development . ### the erdf should address the problems of accessibility to , and remoteness from , large markets facing areas with an extremely low population density , as referred to in protocol no 6 on special provisions for objective 6 in the framework of the structural funds in finland and sweden to the 1994 act of accession . the erdf should also address the specific difficulties encountered by certain islands , mountainous areas , border regions and sparsely populated areas whose geographical situation slows down their development , with a view to supporting their sustainable development . as a next point , the erdf should address the problems of regular transport services to and from national and regional capitals , links between cities and their surrounding areas - including rural areas - or regions , connections of industrial zones and international airports as well as cultural exchange and tourism infrastructure .


### support to public research and innovation bodies and investment in technology and applied research in enterprises ; ### support to public research and innovation bodies and investment in technology , transport safety , technological innovation in transport and mobility as well as applied research in enterprises ;


### however , member states shall not limit this number to fewer than two suppliers for each category of groundhandling services or , for airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least the previous three years , to fewer than three suppliers for each category of groundhandling services . ### however , member states shall not limit this number : - to fewer than two suppliers for each category of groundhandling services or ; - for airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least the previous three years , to fewer than three suppliers for each category of groundhandling services or ; - for airports whose annual traffic has been not less than 15 million passengers or 150 000 tonnes of freight for at least the previous three years , to fewer than four suppliers for each category of groundhandling services .


### where specific constraints of available space or capacity at an airport , arising in particular from congestion and area utilisation rate , make it impossible to open up the market and / or implement self - handling to the degree provided for in this regulation , the member state concerned may decide : ### where available space or capacity at an airport is so constrained that it makes it impossible to open up the market and / or implement self - handling to the degree provided for in this regulation , the member state concerned may decide :


### the benefits arising from a single market for electronic communications should extend to the wider digital ecosystem that includes union equipment manufacturers , content and application providers and the wider economy , covering sectors such as banking , automotive , logistics , retail , energy and transport , which rely on connectivity to enhance their productivity through , for example , ubiquitous cloud applications , connected objects and possibilities for integrated service provision for different parts of the company . public administrations and the health sector should also benefit from a wider availability of e - government and e - health services . the offer of cultural content and services , and cultural diversity in general , may be also enhanced in a single market for electronic communications . the provision of connectivity through electronic communications networks and services is of such importance to the wider economy and society that unjustified sector - specific burdens , whether regulatory or otherwise , should be avoided . ### the benefits arising from a single market for electronic communications should extend to the wider digital ecosystem that includes union equipment manufacturers , content , application and software providers and the wider economy , covering sectors such as banking , automotive , logistics , retail , energy and transport , which rely on connectivity to enhance their productivity through , for example , ubiquitous cloud applications , connected objects and possibilities for integrated service provision for different parts of the company . public administrations and the health sector should also benefit from a wider availability of e - government and e - health services . the offer of cultural content and services , and cultural diversity in general , may be also enhanced in a single market for electronic communications . the provision of connectivity through electronic communications networks and services is of such importance to the wider economy and society that unjustified sector - specific burdens , whether regulatory or otherwise , should be avoided .


### as this regulation harmonises only certain sector - specific rules , it should be without prejudice to the general consumer protection rules , as established by union acts and national legislation implementing them . ### this regulation should be without prejudice to the general consumer protection rules , as established by union law and national legislation implementing them .


### volume - based tariffs should be considered compatible with the principle of an open internet as long as they allow end - users to choose the tariff corresponding to their normal data consumption based on transparent information about the conditions and implications of such choice . at the same time , such tariffs should enable providers of electronic communications to the public to better adapt network capacities to expected data volumes . it is essential that end - users are fully informed before agreeing to any data volume or speed limitations and the tariffs applicable , that they can continuously monitor their consumption and easily acquire extensions of the available data volumes if desired . ### volume - based tariffs should be considered compatible with the principle of an open internet as long as they allow end - users to choose the tariff corresponding to their normal data consumption based on transparent information about the conditions and implications of such choice . at the same time , such tariffs should enable providers of electronic communications to the public to better adapt network capacities to expected data volumes . it is essential that end - users are fully informed before agreeing to any data volume or speed limitations and the tariffs applicable , and that they can continuously monitor their consumption and easily acquire extensions of the available data volumes if desired . the contractual data volumes and speeds offered should not be affected by any additional specialised service agreements concluded by the end - user , having regard to the provisions of article 23 of this regulation on open internet access , which provide that any offers of specialised services must be in addition to internet access services , where applicable and not to the material detriment of their availability and quality .


### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services . ### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users , taking utmost account of any guidelines issued by berec on the methods for measuring the speed of internet access services , the quality of service parameters to be measured and on the application of reasonable traffic management measures . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services .


### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services . ### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with enhanced quality services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services or to safeguard the ability of end users to access and distribute content or information or to run applications and services of their choice .


### the measures to ensure better transparency and comparability of prices , tariffs , terms and conditions , and quality of service parameters including those specific to the provision of internet access services , should increase the ability of end - users to optimise their selection of providers and thus benefit fully from competition . ### the measures to ensure better transparency and comparability of prices , tariffs , terms and conditions , and quality of service parameters including those specific to the provision of internet access services , should increase the ability of end - users to optimise their selection of providers and thus benefit fully from competition . any voluntary certification scheme for interactive comparison websites , guides or similar tools should be independent from any provider of electronic communications , use plain and clear language , use complete and up - to - date information , have transparent methodology , be reliable and accessibility according to web content accessibility guidelines 2 . 0 and have an effective complaints handling procedure


### providers of electronic communications to the public should inform end - users adequately inter alia on their services and tariffs , quality of service parameters , access to emergency services and any limitation , and the choice of services and products designed for disabled consumers . this information should be provided in a clear and transparent manner and be specific to the member states where the services are provided , and in the event of any change , be updated . providers should be exempted from such information requirements as regards those offers which are individually negotiated . ### providers of electronic communications to the public should inform end - users adequately inter alia on their services and tariffs , quality of service parameters , access to emergency services and any limitation , and the choice of services and products designed for disabled consumers . in the case of tariff plans with a predefined volume of communications , providers of electronic communications to the public should also inform on the ability of consumers and other end - users so requesting to roll - over any unused volume of the previous billing period into the current billing period . this information should be provided in a clear and transparent manner and be specific to the member states where the services are provided , and in the event of any change , be updated . providers should be exempted from such information requirements as regards offers which are individually negotiated .


### contracts are an important means of giving end - users a high level of transparency of information and legal certainty . providers of electronic communications to the public should give end - users clear and comprehensible information on all essential elements of the contract before the end - user is bound by the contract . the information should be mandatory and not be altered except by subsequent agreement of the end - user and the provider . the commission and several national regulatory authorities recently found considerable discrepancies between the advertised speed of internet access services and the speed actually available to end - users . providers of electronic communications to the public should therefore inform end - users , prior to the conclusion of the contract , of the speed and other quality of service parameters which they can realistically deliver at the end - user ' s main location . ### contracts are an important means of giving end - users a high level of transparency of information and legal certainty . providers of electronic communications to the public should give end - users clear and comprehensible information on all essential elements of the contract before the end - user is bound by the contract . the information should be mandatory and not be altered except by subsequent agreement of the end - user and the provider . the commission and several national regulatory authorities recently found considerable discrepancies between the advertised speed of internet access services and the speed actually available to end - users . providers of electronic communications to the public should therefore inform end - users , prior to the conclusion of the contract , of the speed and other quality of service parameters which they can realistically deliver at the end - user ' s main location . for fixed and mobile data links , normally available speed is the speed of a communications service that a consumer could expect to receive most of the time when accessing the service , regardless of the time of day . normally available speed should be derived from estimated speed ranges , speed averages , peak - hour speed and minimal speed . the methodology should be established in berec guidelines and regularly reviewed and updated to reflect technology and infrastructure evolution . member states should ensure that providers enable end - users to have access to comparable information on the coverage of the mobile networks , including different technologies in their member state , prior to the conclusion of the contract , to enable those end - users to make informed purchasing decisions .


### with respect to terminal equipment , contracts should specify any restrictions imposed by the provider on the use of the equipment , for example by way of ‘ sim - locking’ mobile devices , and any charges due on termination of the contract prior to the agreed expiry date . no charges should be due after expiry of the agreed contract duration . ### with respect to terminal equipment , contracts should specify any restrictions imposed by the provider on the use of the equipment , for example by way of ‘ sim - locking’ mobile devices , and any charges due on termination of the contract prior to the agreed expiry date . no charges should be due after expiry of the agreed contract duration . contracts should also specify the types of after - sales services , maintenance services and customer support services provided . whenever possible , that information should also include technical information , provided on demand , concerning the proper functioning of the end - user ' s chosen terminal equipment . provided that no technical incompatibility has been identified , that information should be provided free of charge .


### in order to avoid bill shocks , - users should be able to define maximum financial limits for the charges related to their usage of calls and internet access services . this facility should be available free of charge , with an appropriate notification that can be consulted again subsequently , when the limit is being approached . upon reaching the maximum limit , end - users should no longer receive or be charged for those services unless they specifically request the continued provision as agreed with the provider . ### in order to avoid bill shocks , for all post - paid services , end - users should be able to set a predefined maximum financial limit for the charges related to their usage of calls and internet access services . this facility should include an appropriate notification that can be consulted again subsequently , when the limit is being approached .


### in order to support the provision of one - stop - shops and to facilitate a seamless switching experience for end - users , the switching process should be led by the receiving provider of electronic communications to the public . the transferring provider of electronic communications to the public should not delay or hamper the switching process . automated processes should be used as widely as possible and a high level of protection of personal data should be ensured . availability of transparent , accurate and timely information on switching should increase the end - users ' confidence in switching and make them more willing to engage actively in the competitive process . ### in order to facilitate a seamless switching experience for end - users , berec should be empowered to lay down guidelines setting out the respective responsibilities of the receiving and transferring provider in the switching and porting process , ensuring inter alia that the transferring provider of electronic communications to the public does not delay or hamper the switching process , that the process is automated as much as possible and that a high level of protection of personal data is ensured . those guidelines should also address the question of how to ensure continuity in the experience of end - users , including through identifiers , such as email addresses , through , for instance , the opportunity to opt for an email forwarding facility . availability of transparent , accurate and timely information on switching should increase the end - users ' confidence in switching and make them more willing to engage actively in the competitive process .