### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided . ### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas and more generally the preservation of marine biodiversity under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided .


### the outcomes of the 2012 united nations conference on sustainable development ‘ rio + 20’19 as well as the international developments regarding the fight against illegal wildlife trade should be reflected into the union ' s external fisheries policy . __________________ 19 united nations general assembly resolution a / res / 66 / 288 of 27 july 2012 on the outcome of the rio + 20 conference , entitled ' the future we want ' . ### the outcomes of the 2012 united nations conference on sustainable development ‘ rio + 20’19 as well as the adoption of the eu action plan to tackle the illegal trade in wild flora and fauna , and international developments regarding the fight against illegal wildlife trade should be reflected into the union ' s external fisheries policy . __________________ 19 united nations general assembly resolution a / res / 66 / 288 of 27 july 2012 on the outcome of the rio + 20 conference , entitled ' the future we want ' .


### regulation no 1380 / 2013 stresses the need to promote the objectives of the cfp internationally , ensuring that union fishing activities outside union waters are based on the same principles and standards as those applicable under union law , while promoting a level playing field for union operators and third - country operators . ### regulation no 1380 / 2013 stresses the need to promote internationally the objectives of the cfp - which , inter alia , includes fishing activities carried out in eu networks , as well as those carried out outside union waters by eu fishing vessels - ensuring that union fishing activities outside union waters are based on the same principles and standards as those applicable under union law , while promoting a level playing field for union operators and third - country operators .


### the core principle of the present regulation is that any union vessel fishing outside union waters should be authorised by its flag member state and monitored accordingly , irrespective of where it operates and the framework under which it does so . the issuing of an authorisation should be dependent on a basic set of common eligibility criteria being fulfilled . the information gathered by the member states and provided to the commission should allow the latter to intervene in the monitoring of the fishing activities of all union fishing vessels in any given area outside union waters at any time . ### the core principle of the present regulation is that any union vessel fishing outside union waters should be authorised by its flag member state and monitored accordingly , irrespective of where it operates and the framework under which it does so . the issuing of an authorisation should be based on a basic set of common eligibility criteria being fulfilled . the information gathered by the member states and provided to the commission should allow the latter to intervene in the monitoring of the fishing activities of all union fishing vessels in any given area outside union waters at any time .


### in third country waters , union vessels may operate either under the provisions of sustainable fisheries partnership agreements concluded between the union and third countries or by obtaining direct fishing authorisations from third countries if no sustainable fisheries partnership agreement is in force . in both cases these activities should be carried out in a transparent and sustainable way . this is why the flag member states should be empowered to authorise under a defined set of criteria and subject to monitoring , the vessels flying their flag to seek and obtain direct authorisations from third coastal states . the fishing activity should be authorised once the flag member state is satisfied that it will not undermine sustainability . unless the commission has any further objection , the operator who has been given the authorisation from both the flag member state and the coastal state should be allowed to start its fishing operation . ### in third country waters , union vessels may operate either under the provisions of sustainable fisheries partnership agreements concluded between the union and third countries or by obtaining direct fishing authorisations from third countries if no sustainable fisheries partnership agreement is in force . in both cases these activities should be carried out in a transparent and sustainable way . this is why the flag member states should be empowered to authorise under a defined set of criteria and subject to monitoring , the vessels flying their flag to seek and obtain direct authorisations from third coastal states . the fishing activity should be authorised provided the flag member state is satisfied that it will not undermine sustainability . unless the commission has any further objection , the operator who has been given the authorisation from both the flag member state and the coastal state should be allowed to start its fishing operation .


### procedures should be transparent and predictable for union and third country operators , as well as for their respective competent authorities . ### procedures should be transparent and predictable so that union and third country operators and their respective competent authorities can function better .


### if a condition on the basis of which a fishing authorisation has been issued is no longer met , a flag member state shall amend or withdraw the authorisation and notify the operator and the commission accordingly . ### if a condition on the basis of which a fishing authorisation has been issued is no longer met , a flag member state shall take appropriate action , including to amend or withdraw the authorisation and notify the operator and the commission accordingly .


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final . ### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . innovative new business models and new actors continue to emerge in the digital single market . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be a recognition of the rights of publishers , proportionate measures on the use of works and other subject - matter by active online service platforms which make available to the public user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final .


### while distance learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments in primary , secondary , vocational and higher education to the extent they pursue their educational activity for a non - commercial purpose . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity . ### while distance learning , e - learning , and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments in primary , secondary , vocational and higher education to the extent they pursue their educational activity for a non - commercial purpose . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity .


### while distance learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments in primary , secondary , vocational and higher education to the extent they pursue their educational activity for a non - commercial purpose . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity . ### while distance learning , e - learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational activities and establishments including those related to primary , secondary , vocational and higher education , as well as organisations involved in teaching activities , including in the context of non - formal or informal education recognised by a member state , to the extent they pursue their educational activity for a non - commercial purpose . in line with the council conclusions of 12 may 2009 on a strategic framework for european cooperation in education and training ' et2020 ' , the contribution of informal and non - formal education , alongside formal education , should be recognised and developed in order to deliver the union ' s objectives . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity .


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities to the extent justified by the non - commercial purpose to be achieved . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . member states should be able to provide for limits regarding the amount of work which could be copied in their national law , as long as these achieve a fair balance between the interests of users and rightsholders . the exception or limitation should cover both uses through digital means in the classroom and online uses , e - learning and through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism which would be applicable for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the subsequent and unanticipated revenues and the net profit derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer may be entitled to bring a claim before a court or other competent authority . however , where agreements with collective management organisations are applicable or where agreements with individuals are already in place and enforced , the remuneration mechanism should not apply .


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### most contracts for the exploitation of rights harmonised at union level are of long duration , offering very few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases of unexpected success where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant net direct and indirect revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . when assessing the disproportionality , the appropriate circumstances of each case , including the nature and significance of the contribution of the author or performer to the overall work or performance , should be taken into account . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority .


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### many contracts for the exploitation of rights harmonised at union level are long - term in nature , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where an author or performer can demonstrate that the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits , such as subsidies or equity shares , derived from the exploitation of the work or the fixation of the performance , taking into account the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case , of any expenditure genuinely incurred in the production of the work or performance , as well as of the specificities and practices of the different content sectors . it should be possible for member states to decide not to apply the adjustment mechanism when the contribution of the authors or performers is not significant , having regard to the overall work or performance . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority .


### except in the cases referred to in article 6 , this directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area , in particular directives 96 / 9 / ec , 2001 / 29 / ec , 2006 / 115 / ec , 2009 / 24 / ec , 2012 / 28 / eu and 2014 / 26 / eu . ### except in the cases referred to in article 6 , this directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area , in particular directives 96 / 9 / ec , 2001 / 29 / ec , 2000 / 31 / ec , 2006 / 115 / ec , 2009 / 24 / ec , 2012 / 28 / eu and 2014 / 26 / eu .


### ‘ research organisation’ means a university , a research institute or any other organisation the primary goal of which is to conduct scientific research or to conduct scientific research and provide educational services : ### ‘ educational establishment ' means a school , college , university , a research institute or any other organisation with the primary goal of providing educational services .


### ' research organisation ' means a university , a research institute or any other organisation the primary goal of which is to conduct scientific research or to conduct scientific research and provide educational services : ### ' research organisation ' means a university , including start - up incubators attached to universities , a research institute or any other organisation the primary goal of which is to conduct scientific research or to conduct scientific research and provide educational services :


### this regulation will until 31 december 2024 be complemented by additional measures corresponding to a reduction of 10 g co2 / km as part of the union ' s integrated approach referred to in the 2007 communication from the commission to the council and the european parliament27 . _________________ 27 communication from the commission to the council and the european parliament of 7 february 2007 results of the review of the community strategy to reduce co2 emissions from passenger cars and light - commercial vehicles 19 final ) . ### this regulation will be complemented by additional measures corresponding to a reduction of 10 g co2 / km as part of the union ' s integrated approach referred to in the 2007 communication from the commission to the council and the european parliament27 . _________________ 27 communication from the commission to the council and the european parliament of 7 february 2007 results of the review of the community strategy to reduce co2 emissions from passenger cars and light - commercial vehicles 19 final ) .


### specific emissions reference target is the specific emissions reference target of co2 determined in accordance with point 6 . 2 . 1 for the period 2025 to 2029 and 6 . 2 . 2 for 2030 onwards ### specific emissions reference target is the specific emissions reference target of co2 determined in accordance with point 6 . 2 . 2 for 2030 onwards


### establish the control sample for the checks referred to in point to be carried out each year on the basis of a risk analysis and shall include a random component and shall provide the control sample to cover at least 1% of beneficiaries receiving the aid provided for in section 2 of chapter 1 of title iii of regulation … / … [ cap strategic plan regulation ] . ### establish the control sample for the checks referred to in point to be carried out each year on the basis of a risk analysis and shall include a random component and shall provide the control sample to cover at least 1% of the beneficiaries referred to in article 85 .


### this regulation shall apply to agricultural products listed in annex i to the treaty on the functioning of the european union and to some other products listed in annex i to this regulation , insofar as those agricultural products and those other products are intended to be produced , prepared , distributed , placed on the market , imported or exported as organic . ### this regulation shall apply to the following products originating from agriculture , including aquaculture , where such products are , or are intended to be , produced , prepared , distributed , placed on the union market , or imported into or exported from the union as organic : live or unprocessed agricultural products , including seed and other plant reproductive material ; processed agricultural products for food ; feed ; algae and aquaculture animals ; wine ; yeast ; mushrooms ; collected wild plants and parts thereof , and to other products listed in annex i to this regulation , insofar as those agricultural products and other products closely linked to agriculture are intended to be produced , prepared , distributed , placed on the market , imported or exported .


### this regulation shall apply to any operator involved in activities , at any stage of production , preparation and distribution , relating to the products referred to in paragraph 1 . ### this regulation shall apply to operators involved in activities at the stages of production , preparation and distribution , relating to the products referred to in paragraph 1 . member states may exempt from the scope of this regulation operators who sell products directly to the final consumer or user .


### the choice of breeds shall be appropriate and shall contribute to the prevention of any suffering and to avoiding the need for the mutilation of animals . ### the choice of breeds shall be appropriate to ensure a high standard of animal welfare and shall contribute to the prevention of any suffering and to avoiding the need for the mutilation of animals , such as dehorning and castration .


### livestock shall be fed with organic feed that meets the animal’s nutritional requirements at the various stages of its development . restricted feeding shall not be permitted in livestock production ; ### where possible , livestock shall be fed with organic feed that meets the animal’s nutritional requirements at the various stages of its development . restricted feeding shall not be permitted in livestock production ;


### 1 . 6 . 7 . any suffering shall be kept to a minimum during the entire life of the animal , including at the time of slaughter . ### 1 . 6 . 7 . any suffering shall be avoided during the entire life of the animal , including at the time of transport and slaughter . appropriate and humane pre - stunning at time of slaughter shall be compulsory for all animals .


### except during the period each year when the animals are under transhumance referred to in point 1 . 4 . 2 . 2 . , at least 90 % of the feed shall come from the farm itself or in case this is not feasible , be produced in cooperation with other organic farms in the same region ; ### except during the period each year when the animals are under transhumance referred to in point 1 . 4 . 2 . 2 . , at least 60 % of the feed shall come primarily from the farm itself or in case this is not feasible , be produced in cooperation with other organic farms in the same region ;


### except during the period each year when the animals are under transhumance as mentioned in point 1 . 4 . 2 . 2 . , at least 90 % of the feed shall come from the farm itself or in case this is not feasible , be produced in cooperation with other organic farms in the same region ; ### except during the period each year when the animals are under transhumance referred to in point 1 . 4 . 2 . 2 . , at least 60 % of the feed shall come primarily from the farm itself or in case this is not feasible , be produced in cooperation with other organic farms in the same region ;


### rearing systems for equine animals shall be based on maximum use of grazing pasturage according to the availability of pastures in the different periods of the year . at least 60 % of the dry matter in daily rations of equine animals shall consist of roughage , fresh or dried fodder , or silage ; ### rearing systems for equine animals shall be based on maximum use of grazing pasturage according to the availability of pastures in the different periods of the year . where higher percentages of roughage are not possible , the following minimum rules shall apply whilst respecting the nutrition , health and welfare requirements of the breeds : at least 60 % of the dry matter in daily rations of equine animals shall consist of roughage , fresh or dried fodder , or silage ;


### all suckling equine animals shall be fed in preference on maternal milk , for a minimum period of three months . ### all suckling equine animals shall be fed in preference on maternal milk suckled directly from the mother until the natural time of weaning ;


### at least 60 % of the feed shall come from the farm itself or in case this is not feasible , be produced in the same region in cooperation with other organic farms or feed operators ; ### at least 20 % of the feed shall come primarily from the farm itself or in case this is not feasible , be produced in the same region in cooperation with other organic farms or feed operators ;


### at least 60 % of the feed shall come from the farm itself or in case this is not feasible , be produced in the same region in cooperation with other organic farms or feed operators ; ### at least 20 % of the feed shall come from the farm itself or in case this is not feasible , be produced in the same region in cooperation with other organic farms or feed operators ;


### to maintain a high level of consumer protection in rail transport , member states should be required to designate national enforcement bodies to monitor closely and enforce this regulation at national level . those bodies should be able to take a variety of enforcement measures . passengers should be able to complain to those bodies about alleged infringements of the regulation . to ensure the satisfactory handling of such complaints , the bodies should also cooperate with each other . ### to maintain a high level of consumer protection in rail transport , member states should be required to designate national enforcement bodies to monitor closely and enforce this regulation at national level . those bodies should be able to take a variety of enforcement measures , and to provide the option for passengers of binding alternative dispute resolution , in line with directive 2013 / 11 / eu1b . passengers should be able to complain to those bodies about alleged infringements of the regulation , and to use online dispute resolution established under regulation 524 / 2013 / eu1c where agreed . it should also be provided that complaints may be made by organisations representing groups of passengers . to ensure the satisfactory handling of such complaints , the bodies should also cooperate with each other and the regulation should continue to be listed in the annex to the revised consumer protection cooperation regulation 2017 / 2394 / eu 1d . enforcement bodies shall each year publish reports on their websites detailing the number and type of complaints that they have received , detailing the outcome of their enforcement actions . in addition , these reports shall be made available on the website of the european union agency for railways . __________________ 1b 1b directive 2013 / 11 / eu of the european parliament and of the council of 21 may 2013 on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec . 1c 1c regulation 524 / 2013 / eu of the european parliament and of the council of 21 may 2013 on online dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec . 1d 1d regulation 2017 / 2394 / eu of the european parliament and of the council of 12 december 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing regulation no 2006 / 2004 .


### international rail passenger services of which a significant part , including at least one scheduled station stop , is operated outside the union , provided that passengers’ rights are adequately ensured under relevant national law on the territory of the member state granting the exemption . ### international rail passenger services of which a significant part , including at least one scheduled station stop , is operated outside the union ;


### ‘ ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets on behalf of a railway undertaking or for its own account ; ### ‘ ticket vendor’ means any retailer of rail transport services concluding transport contracts and / or selling tickets , through - tickets or combined tickets on behalf of one or more railway undertakings ;


### ‘ through - ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings ; ### ‘ through - ticket’ means a ticket or tickets for successive railway services operated by one or more railway undertakings , forming part of an end - to - end journey ;


### ‘ journey’ means the carriage of a passenger between a station of departure and a station of arrival under a single transport contract ; ### ‘ journey’ means the carriage of a passenger between a station of departure and a station of arrival ;


### ‘ person with disabilities ’ and ‘ person with reduced mobility’ means any person who has a permanent or temporary physical , mental , intellectual or sensory impairment which , in interaction with various barriers , may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age ; ### ‘ person with disabilities’ and ‘ person with reduced mobility’ means any person who has a permanent or temporary physical , mental , intellectual or sensory impairment which , in interaction with various barriers , may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced ;


### railway undertakings or , where appropriate , competent authorities responsible for a public service railway contract shall make public by appropriate means , including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in directive xxx31 , and before their implementation , decisions to discontinue services either permanently or temporarily . __________________ 31 directive xxx on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services . ### railway undertakings or , where appropriate , competent authorities responsible for a public service railway contract shall make public by appropriate means , including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in regulation 1300 / 2014 , and before their implementation , decisions to discontinue services either permanently or temporarily .


### the information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up - to - date communication technologies . particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in directive xxx and regulation 454 / 2011 . ### the information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up - to - date communication technologies . particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in regulation 1300 / 2014 and regulation 454 / 2011 .


### station managers and infrastructure managers shall make real - time data relating to trains , including those operated by other railway undertakings available to railway undertakings and ticket vendors , in a non - discriminatory manner . ### station managers , infrastructure managers and railway undertakings shall make real - time data relating to trains , including those operated by other railway undertakings available to railway undertakings and ticket vendors , in a non - discriminatory manner , in the most appropriate format , in an interoperable technical interface using the latest communication technologies so that railway undertakings and ticket vendors provide passengers with all the information required by this regulation ;


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings , tour operators and ticket vendors shall offer tickets , through - tickets , reservations and combinations of tickets that provide the most optimal and cost - effective journey or combined journey , including cross - border , in an impartial and non - discriminatory manner . they shall make all possible efforts to offer through - tickets , including for journeys across borders or involving night trains and journeys with more than one railway undertaking .


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings and ticket vendors shall sell tickets and , through - tickets , combined tickets and reservations . they shall make all possible efforts to sell through - tickets , combined tickets including for journeys across borders and with more than one railway undertaking ;


### without prejudice to paragraphs 3 and 4 , railway undertakings and ticket vendors shall distribute tickets to passengers via at least one of the following points of sale : ### without prejudice to paragraphs 3 and 4 , railway undertakings and ticket vendors shall distribute tickets , through - tickets and combined tickets to passengers preferably via internet or by at least one of the following points of sale :


### without prejudice to paragraphs 3 and 4 , railway undertakings and ticket vendors shall distribute tickets to passengers via at least one of the following points of sale : ### without prejudice to paragraphs 3 and 4 , railway undertakings , tour operators and ticket vendors shall distribute tickets to passengers for single and any combined or return journeys via at least one of the following points of sale :


### paragraph 1 also applies to passengers who hold a travel pass or season ticket . if they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket , they may request adequate compensation in accordance with the railway undertaking’s compensation arrangements . these arrangements shall state the criteria for determining delay and for the calculation of the compensation . where delays of less than 60 minutes occur repeatedly during the period of validity of the travel pass or season ticket , the delays shall be counted cumulatively and passengers shall be compensated in accordance with the railway undertaking’s compensation arrangements . ### paragraph 1 also applies to passengers who hold a travel pass or season ticket . if they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket , they may request adequate compensation in accordance with the railway undertaking’s compensation arrangements . these arrangements shall state the criteria for determining delay and for the calculation of the compensation . where delays of less than 60 minutes occur repeatedly during the period of validity of the travel pass or season ticket , the delays shall be counted cumulatively and passengers shall be compensated in accordance with the railway undertaking’s compensation arrangements , determining delay and for the calculation of the compensation .


### in the case of a delay in arrival or departure , passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking or ticket vendor or by the station manager as soon as such information is available . ### in the case of a delay in arrival or departure , passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking or ticket vendor or by the station manager as soon as such information is available . station managers , infrastructure managers and railway undertakings provide ticket vendors with information in real time and in the appropriate format ;


### upon request , a station manager , a railway undertaking , a ticket vendor or a tour operator shall provide persons with disabilities and persons with reduced mobility with information , including in accessible formats in accordance with the accessibility requirements laid down in regulation no 454 / 2011 and directive xxx , on the accessibility of the station and associated facilities , rail services and on the access conditions of rolling stock in accordance with the access rules referred to in article 20 and shall inform persons with disabilities and persons with reduced mobility about facilities on board . ### upon request , a station manager , a railway undertaking , a ticket vendor or a tour operator shall provide persons with disabilities and persons with reduced mobility with information , including in accessible formats in accordance with the accessibility requirements laid down in regulation no 454 / 2011 and regulation 1300 / 2014 , on the accessibility of the station and associated facilities , rail services and on the access conditions of rolling stock in accordance with the access rules referred to in article 20 and shall inform persons with disabilities and persons with reduced mobility about facilities on board .


### in unstaffed stations , railway undertakings and station managers shall ensure that easily available information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx , is displayed in accordance with the access rules referred to in article 20 regarding the nearest staffed stations and directly available assistance for persons with disabilities and persons with reduced mobility . ### in unstaffed stations , railway undertakings and station managers shall ensure that easily available information , including in accessible formats in accordance with the accessibility requirements laid down in regulation 1300 / 2014 , is displayed in accordance with the access rules referred to in article 20 regarding the nearest staffed stations and directly available assistance for persons with disabilities and persons with reduced mobility .


### assistance shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 48 hours before the assistance is needed . where a ticket or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ; ### assistance in staffed stations shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 48 hours before the assistance is needed . where a ticket or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ;


### accept upon request the participation , in the training , of employees with disabilities , passengers with disabilities and with reduced mobility , and / or organisations representing them . ### encourage actively the participation , in the training , of staff with disabilities , as well as passengers with disabilities and with reduced mobility , and organisations representing them ;


### railway undertakings and station managers shall inform passengers in an appropriate manner , including in accessible formats in accordance with the accessibility requirements in directive xxx , at the station and on the train , of their rights and obligations under this regulation , and of the contact details of the body or bodies designated by member states pursuant to article 31 . ### railway undertakings and station managers shall inform passengers in an appropriate manner , including in accessible formats in accordance with the accessibility requirements in regulation 1300 / 2014 , at the station and on the train , of their rights and obligations under this regulation , and of the contact details of the body or bodies designated by member states pursuant to article 31 .


### the body shall acknowledge receipt of the complaint within two weeks of receiving it . the complaint - handling procedure shall take a maximum of three months . for complex cases , the body may , at its discretion , extend this period to six months . in such a case , it shall inform the passenger of the reasons for the extension and of the expected time needed to conclude the procedure . only cases that involve legal proceedings may take longer than six months . where the body is also an alternative dispute resolution body within the meaning of directive 2013 / 11 / eu , the time limits laid down in that directive shall prevail . ### the body shall acknowledge receipt of the complaint within two weeks of receiving it . the complaint - handling procedure shall take a maximum of three months . for complex cases , the body may , at its discretion , extend this period to six months . in such a case , it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure . only cases that involve legal proceedings may take longer than six months . where the body is also an alternative dispute resolution body within the meaning of directive 2013 / 11 / eu , the time limits laid down in that directive shall prevail and the use of online dispute resolution in accordance with regulation 524 / 2013 / eu2b may be made available with the agreement of all parties involved . __________________ 2b regulation 524 / 2013 / eu of the european parliament and of the council of 21 may 2013 on online dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive2009 / 22 / ec .


### - general conditions applicable to the contract ### - - general conditions applicable to the contract or contracts that form part of the journey or combined journey


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to request a review of the decision , thereby improving the possibilities for business users to seek effective redress where necessary .


### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case when the complaint has a legal basis or is upheld . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another .


### the provisions of this article shall not apply to providers of online intermediation services that are small enterprises within the meaning of article 2 of the annex to recommendation 2003 / 361 / ec29 . _________________ 29 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### the provisions of this article shall not apply to providers of online intermediation services that are small enterprises within the meaning of article 2 of the annex to recommendation 2003 / 361 / ec29during the first three years or start up phase of their business operations . _________________ 29 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### providers of online intermediation services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute . ### the parties involved shall engage in good faith in any attempt to reach an agreement through the voluntary mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute .


### it shall apply from [ date : six months following the day of its publication ] . ### it shall apply from twelve months following the day of its publication .


### all job vacancies available with its public employment services as well as those provided by its eures partners ; ### all job vacancies made publicly&#160 ; available with its pes as well as those provided by other eures members , and where relevant , &#160 ; eures partners ; members states may introduce a mechanism allowing employers to have the option not to have a vacancy published on the eures portal if the request is duly justified on the basis of the skills and competence requirements related to the job .


### in order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services , the competent authorities should request hosting service providers having received a removal order , which has become final , to report on the proactive measures taken . these could consist of measures to prevent the re - upload of terrorist content , removed or access to it disabled as a result of a removal order or referrals they received , checking against publicly or privately - held tools containing known terrorist content . they may also employ the use of reliable technical tools to identify new terrorist content , either using those available on the market or those developed by the hosting service provider . the service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether , if automated means are used , the hosting service provider has the necessary abilities for human oversight and verification . in assessing the effectiveness and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider , their economic capacity and the impact of its service in disseminating terrorist content . ### in order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services , the competent authorities should request hosting service providers having received a removal order , which has become final , to report on the proactive measures taken . these could consist of measures to prevent the re - upload of terrorist content , removed or access to it disabled as a result of a removal order or referrals they received , checking against publicly or privately - held tools containing known terrorist content . they may also employ the use of reliable technical tools to identify new terrorist content , either using those available on the market or those developed by the hosting service provider . the service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are necessary , effective and proportionate and whether , if automated means are used , the hosting service provider has the necessary abilities for human oversight and verification . in assessing the effectiveness , necessity and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider , their economic capacity and the impact of its service in disseminating terrorist content , as well as the safeguards put in place to protect freedom of expression and information and the number of incidents of restrictions on legal content .


### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . however , this does not necessarily require a notification to the content provider . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given upon request . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered inappropriate or counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider . ### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given upon request . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered inappropriate or counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider .


### the competent authority shall have the power to issue a decision requiring the hosting service provider to remove terrorist content or disable access to it . ### except in cases where a hosting service provider has already been in receipt of a prior removal order , the&#160 ; competent authority must communicate&#160 ; with the hosting service provider&#160 ; before issuing&#160 ; a&#160 ; removal order&#160 ; requiring the hosting service provider to remove terrorist content or disable access to it .


### member states should ensure that undertakings providing end - users with number - based interpersonal communications services provide reliable and accurate access to emergency services , taking into account national specifications and criteria . where the number - based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service , the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate psap with the same reliability . for such network - independent undertakings , namely undertakings which are not integrated with a public communications network provider , providing caller location information may not always be technically feasible . member states should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network - independent providers of number - based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services . ### member states should ensure that providers of end - users with number - based interpersonal communications services provide reliable and accurate access to emergency services , taking into account national specifications and criteria and the capabilities of national psaps . where the number - based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service , the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate psap with the same reliability . for such network - independent providers , namely providers which are not integrated with a public communications network provider , providing caller location information may not always be technically feasible . member states should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network - independent providers of number - based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services . where such standards and the related psap systems have not yet been implemented , network - independent number - based interpersonal communications services should not be required to provide access to emergency services except in a manner that is technically feasible or economically viable . as an example , this may include the designation by a member state of a single , central psap for receiving emergency communications . nonetheless , such providers should inform end - users when access to 112 or to caller location information is not supported .


### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services . having regard to the state of the art , these measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services . ### member states shall ensure that undertakings providing public communications networks or publicly available number - based electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services . having regard to the state of the art , these measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services .


### where a member state has duly demonstrated , account taken of the results of the geographical survey conducted in accordance with article 22 , that the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools , it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory . ### where a member state has established , taking into account of the results of the geographical survey , where available , conducted in accordance with article 22 , or where the national regulatory authority is satisfied with alternative evidence , that the availability at a fixed location of internet access service as defined in accordance with article 79 and of voice communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools in its national territory or different parts thereof , it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in the relevant parts of its territory .


### fundamental rights safeguard ### fundamental rights


### any of these measures regarding end - users’ access to , or use of , services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are provided for by law and respect the essence of those rights or freedoms , are appropriate , proportionate and necessary , and genuinely meet objectives of general interest recognised by the union or the need to protect the rights and freedoms of others in line with article 52 of the charter of fundamental rights of the european union and with general principles of union law , including effective judicial protection and due process . accordingly , these measures may only be taken with due respect for the principle of the presumption of innocence and the right to privacy . a prior , fair and impartial procedure shall be guaranteed , including the right to be heard of the person or persons concerned , subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the charter of fundamental rights of the european union . the right to effective and timely judicial review shall be guaranteed . ### any of these measures regarding end - users’ access to , or use of , services and applications through electronic communications networks liable to limit the exercise of those rights or freedoms may only be imposed if they are provided for by law and respect of those rights or freedoms recognized by the charter , are proportionate and necessary , and genuinely meet objectives of general interest recognised by the union or the need to protect the rights and freedoms of others in line with article 52 of the charter of fundamental rights of the european union and with general principles of union law , including the right to an effective remedy and to a fair trial . accordingly , these measures may only be taken with due respect for the principle of the presumption of innocence and the right to privacy . a prior , fair and impartial procedure shall be guaranteed , including the right to be heard of the person or persons concerned , subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the charter .


### - any constraints on access to emergency services and / or caller location information due to a lack of technical feasibility ; ### - any constraints on access to emergency services and / or caller location information due to a lack of technical feasibility , insofar as the service allows end - users to originate national calls to a number in a national telephone numbering plan ;


### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , do not mandate an initial commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the initial commitment period . this paragraph shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments for deployment of a physical connection . ### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and providers of publicly available internet access services , number - based interpersonal communications services and transmission services used for broadcasting , do not mandate a commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the contractual commitment period . member states may also require that providers offer consumers the possibility to subscribe to a contract with a maximum duration of 12 months or less . this paragraph shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments for deployment of a physical connection to very high capacity connectivity networks . an instalment contract for the deployment of a physical connection shall not include terminal equipment or internet access service equipment , such as a router or modem and shall not preclude consumers from exercising their rights under this article .


### the receiving provider shall lead the switching and porting process . national regulatory authorities may establish the global process of switching and of porting of numbers , taking into account national provisions on contracts , technical feasibility and the need to maintain continuity of service to the end - user . in any event , loss of service during the process of porting shall not exceed one working day . in case of failure of the porting process , the transferring provider shall reactivate the number of the end - user until the porting is successful national regulatory authorities shall also take appropriate measures ensuring that end - users are adequately informed and protected throughout the switching process and are not switched to another provider against their will . ### the receiving provider shall lead the switching and porting process and both the receiving and transferring providers shall cooperate in good faith . national regulatory authorities may establish the global process of switching and of porting of numbers , taking into account national provisions on contracts , technical feasibility and the need to maintain continuity of service to the end - user . this shall include , where available , a requirement for the porting to be completed though over - the - air provisioning , unless an end - user requests otherwise . in any event , loss of service during the process of porting shall not exceed one working day . the end - users ' contracts with the transferring provider shall be terminated automatically upon conclusion of the switching process . transferring providers shall refund any remaining credit to the consumers using pre - paid services . refund may be subject to a fee only if stated in the contract . any such fee shall be proportionate and commensurate with the actual costs incurred by the transferring provider in offering the refund . in case of failure of the porting process , the transferring provider shall reactivate the number or service of the end - user , on the same terms and conditions as the end - user was on prior to the switching process being initialised , until the porting or switching process is successful national regulatory authorities shall also take appropriate measures ensuring that end - users are adequately informed and protected throughout the switching and porting processes and are not switched to another provider against their will .


### member states shall ensure that all undertakings which assign telephone numbers to end - users meet all reasonable requests to make available , for the purposes of the provision of publicly available directory enquiry services and directories , the relevant information in an agreed format on terms which are fair , objective , cost oriented and non - discriminatory . ### member states shall ensure that all undertakings providing voice communication services meet all reasonable requests to make available , for the purposes of the provision of publicly available directory enquiry services and directories , the relevant information in an agreed format on terms which are fair , objective , cost oriented and non - discriminatory .


### member states shall collect the information required pursuant to this regulation using all the sources they consider relevant and appropriate . these may include administrative data sources such as business registers . ### in article 3 , paragraph 1 is replaced by the following : member states shall collect the information required pursuant to this regulation using all the sources they consider relevant and appropriate . these may include , but are not limited to , administrative data sources such as business registers including the central registers of information on the ultimate beneficial owners of corporate and other legal entities referred to in the anti - money laundering directive xxx or the glei established by the oecd and the databases established in the framework of the coordinated direct investment survey initiative of the imf .


### as a majority of member states already have national rules on unfair trading practices , albeit diverging , it is appropriate to use the tool of a directive to introduce a minimum protection standard under union law . this should enable member states to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime . member states should not be precluded from adopting and applying on their territory stricter national laws protecting small and medium - sized suppliers and buyers against unfair trading practices occurring in business - to - business relationships in the food supply chain , subject to the limits of union law applicable to the functioning of the internal market . ### as a majority of member states already have national rules on unfair trading practices , albeit diverging , it is appropriate to use the tool of a directive to introduce a minimum protection standard under union law . this directive however should not impair existing voluntary codes and / or rules and instruments , which function as useful and legitimate deterrents to unfair trading practices in many member states . member states should not be precluded from adopting and applying on their territory stricter national laws protecting small and medium - sized suppliers and buyers against unfair trading practices occurring in business - to - business relationships in the food supply chain , subject to the limits of union law applicable to the functioning of the internal market .


### open science , including open access to scientific publications and research data , has the potential to increase the quality , impact and benefits of science and to accelerate the advancement of knowledge by making it more reliable , more efficient and accurate , better understandable by society and responsive to societal challenges . provisions should be laid down to ensure that beneficiaries provide open access to peer - reviewed scientific publications , research data and other research outputs in an open and non - discriminatory manner , free of charge and as early as possible in the dissemination process , and to enable their widest possible use and re - use . more emphasis should in particular be given to the responsible management of research data , which should comply with the fair principles of ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ and ‘ reusability’ , notably through the mainstreaming of data management plans . where appropriate , beneficiaries should make use of the possibilities offered by the european open science cloud and adhere to further open science principles and practices . ### open science , including open access to scientific publications and research data , has the potential to increase the quality , impact and benefits of science and to accelerate the advancement of knowledge by making it more reliable , more efficient and accurate , better understandable by citizens and responsive to societal challenges . provisions should be laid down to ensure that beneficiaries provide open access to peer - reviewed scientific publications , research data and other research outputs in an open and non - discriminatory manner , free of charge and as early as possible in the dissemination process , and to enable their widest possible use and re - use . more emphasis should in particular be given to the responsible management of authorship and research data , which should comply with the fair principles of ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ , ‘ reusability’ and safety measures in accordance with relevant data protection legislation , notably through the mainstreaming of data management plans . where appropriate , beneficiaries should make use of the possibilities offered by the european open science cloud and adhere to further open science principles and practices .


### “results” means any tangible or intangible effect of the action , such as data , know - how or information , whatever its form or nature , whether or not it can be protected , as well as any rights attached to it , including intellectual property rights ; ### ' results ' means any tangible or intangible effect of the action , such as data , deepening the knowledge base and better understanding , knowhow or information , whatever its form or nature , whether or not it can be protected , as well as any rights attached to it , including intellectual property rights ;


### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals . ### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the european scientific and technological bases throughout the union and foster its competitiveness , including in its industry , and by bolstering new cross - border cooperation between legal entities . these objectives should deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals .


### spark activity across disciplines , sectors and actors ; ### stimulate activity across disciplines , sectors and actors ;


### participation in and financial contribution to a programme of research and innovation activities , based on the commitment of the partners for financial and in - kind contributions and integration of their relevant activities using a programme co - fund action ; ### participation in and financial contribution to a programme of research and innovation activities specifying the objectives , key performance and impact indicators and outputs to be delivered , , based on the commitment of the partners for financial and in - kind contributions and integration of their relevant activities using a programme co - fund action ; financial contribution stemming from esif shall be allowed and perceived as national contributions ;


### participation in and financial contribution to research and innovation programmes undertaken by several member states in accordance with article 185 tfeu , or by bodies established pursuant to article 187 tfeu , such as joint undertakings , or by the eit knowledge and innovation communities in compliance with the [ eit regulation ] , to be implemented only where other forms of european partnerships would not achieve the objectives or would not generate the necessary expected impacts , and if justified by a long - term perspective and high degree of integration including central management of all financial contributions . ### participation in and financial contribution to research and innovation programmes undertaken by several member states in accordance with article 185 tfeu , or by bodies established pursuant to article 187 tfeu , such as joint undertakings , or by the eit knowledge and innovation communities in compliance with the [ eit regulation ] , specifying the objectives , related commitments for financial and / or in - kind contributions of the partners , key performance and impact indicators , and outputs to be delivered , to be implemented only in the process of implementation of the missions and where other forms of european partnerships would not achieve the objectives or would not generate the necessary expected impacts , and if justified by a long - term perspective and high degree of integration including central management of all financial contributions .


### responsible management of research data shall be ensured in line with the principles ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ and ‘ reusability’ . ### responsible management of research data shall be ensured in line with the principles ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ , ‘ reusability’ and with regard to all relevant union legislation on data protection .


### for actions related to union strategic assets , interests , autonomy or security , the work programme may provide that the participation can be limited to those legal entities established in member states only , or to those legal entities established in specified associated or other third countries in addition to member states . ### for actions related to union strategic assets , interests , autonomy or security , the work programme may provide in exceptional circumstances that the participation can be limited to those legal entities established in member states only , or to those legal entities established in specified associated or other third countries in addition to member states .


### for all actions , except for eic pathfinder transition activities , the content of the calls for proposals shall be included in the work programme . ### for all actions the content of the calls for proposals shall be included in the work programme .


### the grant agreement may establish milestones and related pre - financing installments . if milestones are not met , the action may be suspended , amended or terminated . ### the grant agreement shall establish milestones and related pre - financing instalments . if milestones are not met , the action may be suspended , amended or terminated .


### the work programme may provide for additional obligations to use the european open science cloud for storing and giving access to research data . ### the work programme may provide for additional obligations to use the european open science cloud for storing and giving access to research data , subject to all relevant union legislation on data protection .


### the commission may decide to increase the eic blended finance subject to a project review by external independent experts . ### the commission may decide to increase the eic blended finance subject to a project review by external independent experts subject to the opinion of the programme committee under the examination procedure .


### by way of derogation from the first subparagraph , landings shall not be prohibited where the conditions established in annex x cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in article 15 of regulation [ xxxx ] . those unintended catches shall be landed and counted against quotas . ### by way of derogation from the first subparagraph , only for those fisheries covered by the landing obligation as of 1 january 2015 , subject to article 15 of regulation 1380 / 2013 , the rules relating to catch composition established in annex x to this regulation are not applicable .


### by way of derogation from the first subparagraph , landings shall not be prohibited where the conditions established in annex x cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in article 15 of regulation [ xxxx ] . those unintended catches shall be landed and counted against quotas . ### by way of derogation from the first subparagraph , the catch composition rules set out in annexes i to v to this regulation shall not apply in the case of fisheries to which the landing obligation set out in article 15 of regulation no 1380 / 2013 applies as from 1 january 2015 .


### by way of derogation from the first subparagraph , landings shall not be prohibited where the conditions established in annexes i to v cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in article 15 of regulation [ xxxx ] . those unintended catches shall be landed and counted against quotas . ### by way of derogation from the first subparagraph , only for those fisheries covered by the landing obligation as of 1 january 2015 , subject to article 15 of regulation 1380 / 2013 , the rules relating to catch composition established in annex i to v to this regulation are not applicable .


### by way of derogation from the first subparagraph , landings shall not be prohibited where the conditions established in annexes i to v cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in article 15 of regulation [ xxxx ] . those unintended catches shall be landed and counted against quotas . ### by way of derogation from the first subparagraph , the catch composition rules set out in annex x to this regulation shall not apply in the case of fisheries to which the landing obligation set out in article 15 of regulation no 1380 / 2013 applies as from 1 january 2015 .


### where the fish or shellfish referred to in point of the first subparagraph is subject to the landing obligation set out in article 15 of regulation [ xxxx ] , the condition laid down in that point shall be replaced by the condition that such fish or shellfish is not targeted . unintended catches of such fish or shellfish shall be landed and counted against quotas . ### the capture of species subject to catch limits as subject to the landing obligation set out in article 15 of regulation no 1380 / 2013 as of 1 january 2015 , shall be landed and counted against quotas . however , the targeted fishing for species not listed in point of the first subparagraph shall be prohibited .


### where the fish or shellfish referred to in point of the first subparagraph is subject to the landing obligation set out in article 15 of regulation [ xxxx ] , the condition laid down in that point shall be replaced by the condition that such fish or shellfish is not targeted . unintended catches of such fish or shellfish shall be landed and counted against quotas . ### unintended catches of species subject as from 1 january 2015 to the landing obligation set out in article 15 of regulation 1380 / 2013 shall be landed and counted against quotas . however , targeted fishing for species not listed in point b ) shall be prohibited .


### where the fish referred to in point of the first subparagraph is subject to the landing obligation set out in article 15 of regulation [ xxxx ] , the condition laid down in that point shall be replaced by the condition that such fish is not targeted . unintended catches of such fish shall be landed and counted against quotas . ### unintended catches of species subject as from 1 january 2015 to the landing obligation set out in article 15 of regulation no 1380 / 2013 shall be landed and counted against quotas . however , targeted fishing for species not listed in point b ) shall be prohibited .


### by way of derogation from the second subparagraph , the retention on board , transhipment and landing shall not be prohibited if the 100 kg limit established in that subparagraph is exceeded because of unintended catches of deep - sea species subject to the landing obligation set out in article 15 of regulation [ xxxx ] . those unintended catches shall be landed and counted against quotas . ### the first subparagraph shall not apply to catches of deep - sea species in fisheries subject to the landing obligation as set out in article 15 of regulation no 1380 / 2013 .


### a progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy . this reduction should avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the union ' s long - term preparation for reuse and recycling targets for municipal waste as laid down in article 11 of directive 2008 / 98 / ec . similarly , and to prevent detrimental impacts on human health and the environment , while member states should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled , compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste . in addition , in order to ensure consistency between the targets laid down in article 11 of directive 2008 / 98 / ec and the landfill reduction target defined in article 5 of this directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets , member states which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this directive . ### a progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy . this reduction should avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the union ' s long - term preparation for reuse and recycling targets for municipal waste as laid down in article 11 of directive 2008 / 98 / ec . similarly , and to prevent detrimental impacts on human health and the environment , while member states should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled , compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste . in order to motivate member states performing below the eu average and to increase the overall compliance , the commission considers it as priority to set achievable and understandable targets .


### member states shall report the data concerning the implementation of article 5 and for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5 . the first reporting shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] . ### member states shall report the data concerning the implementation of article 5 and regularly to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the first reporting shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] .


### the investment environment within the union should be improved by removing barriers to investment , reinforcing the single market and by enhancing regulatory predictability . the work of the efsi , and investments across europe generally , should benefit from this accompanying work . ### the investment environment within the union should be improved by carrying out necessary structural reforms , removing barriers to investment , reinforcing the single market and by enhancing regulatory predictability and reducing regulatory red tape . the work of the efsi , and investments across europe generally , should benefit from this accompanying work .


### many small and medium enterprises , as well as mid - cap companies , across the union require assistance to attract market financing , especially as regards investments that carry a greater degree of risk . the efsi should help these businesses to overcome capital shortages by allowing the eib and the european investment fund to provide direct and indirect equity injections , as well as to provide guarantees for high - quality securitisation of loans , and other products that are granted in pursuit of the aims of the efsi . ### many small and medium enterprises , as well as mid - cap companies , across the union require assistance to attract market financing , especially as regards investments that carry a greater degree of risk . this concerns , in particular , enterprises operating in rural areas and in areas where agricultural processing is predominant , where there is an urgent need to ensure economic growth and maintain jobs in order to prevent depopulation . the efsi should help these businesses to overcome capital shortages by allowing the eib and the european investment fund to provide direct and indirect equity injections , as well as to provide guarantees for high - quality securitisation of loans , and other products that are granted in pursuit of the aims of the efsi .