### member states shall submit all existing and provisionally applied intergovernmental agreements between them and third countries in their entirety , including their annexes and other texts they refer to explicitly and all amendments thereto to the commission at the latest three months after the entry into force of this decision . the commission shall make the received documents accessible in electronic form to all other member states . existing or provisionally applied intergovernmental agreements which have already been communicated in accordance with regulation no 994 / 2010 to the commission at the date of entry into force of this decision , which are fulfilling the requirements of this paragraph , shall be considered as communicated for the purposes of this decision . ### member states may submit all existing and provisionally applied intergovernmental agreements between them and third countries in their entirety , including their annexes and other texts they refer to explicitly and all amendments thereto to the commission at the latest three months after the entry into force of this decision . agreements between commercial entities are not subject to this obligation . the commission shall make the received documents accessible in electronic form to all other member states . existing or provisionally applied intergovernmental agreements which have already been communicated in accordance with regulation no 994 / 2010 to the commission at the date of entry into force of this decision , which are fulfilling the requirements of this paragraph , shall be considered as communicated for the purposes of this decision .


### the commission may on its own initiative until four weeks after it has been informed of the closure of the negotiations at the latest or on request from the member state which has negotiated the intergovernmental agreement , assess the compatibility of the negotiated agreement with union law before the agreement has been signed . in case the commission or the member state concerned ask for such an ex - ante assessment of the negotiated intergovernmental agreement with union law , the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the commission for examination . the member state concerned shall refrain from signing the agreement for a period of four months following the submission of the draft intergovernmental agreement . in agreement with the member state concerned , the examination period might be prolonged . when a compatibility control has been requested , in the absence of an opinion by the commission within the examination period , the commission shall be deemed not to have raised objections . ### as early as possible and not later than two weeks after the closure of the negotiations , the member state concerned shall inform the commission of the closure of the negotiations and shall submit the negotiated but not yet signed draft intergovernmental agreement , including annexes thereto and other texts to which it refers explicitly , to the commission for examination . however , agreements between commercial entities are not subject to this obligation .


### upon ratification of an intergovernmental agreement or of an amendment to an intergovernmental agreement , the member state concerned shall submit the agreement or the amendment of the agreement , including their annexes and other texts these agreements or amendments refer to explicitly , to the commission which shall make the received documents , with the exception of confidential parts identified according to article 7 , accessible to all other member states in electronic form . ### upon ratification of an intergovernmental agreement or of an amendment to an intergovernmental agreement , the member state concerned shall submit to the commission the agreement or the amendment to the agreement , including its annexes . furthermore , where these agreements refer explicitly to other texts , member states shall submit those other texts insofar as they contain elements which impact on the functioning of the internal market for energy or on the security of energy supply in the union . however , agreements between commercial entities are not subject to this obligation .


### member states should already notify the intention to open negotiations to the commission with regard to new intergovernmental agreements or amendments to existing intergovernmental agreements . the commission should be kept informed regularly on the ongoing negotiations . it should have the right to participate as an observer in the negotiations . member states may also request the commission to assist them during their negotiations with third countries . ### member states should have the option of informing the commission of negotiations with regard to new intergovernmental agreements or amendments to existing intergovernmental agreements . where a member state opts to inform the commission , the commission should be kept informed regularly on the ongoing negotiations . member states may invite the commission to participate as an observer in the negotiations . member states may also request the commission to assist them during their negotiations with third countries .


### draft by the court of justice consequently , the necessary measures should be taken to address this situation , and the possibility , provided for by the treaties , of increasing the number of judges of the general court is such as to enable both the volume of pending cases and the excessive duration of proceedings before the general court to be reduced within a short time . ### consequently , the necessary measures should be taken to address this situation , and the possibility , provided for by the treaties , of increasing the number of judges of the general court from 27 to 39 is such as to enable both the volume of pending cases and the excessive duration of proceedings before the general court to be reduced within a short time .


### provisional duties may be imposed if : proceedings have been initiated in accordance with article 10 ; a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with the second subparagraph of article 10 ; a provisional affirmative determination has been made that the imported product benefits from countervailable subsidies and of consequent injury to the community industry ; and the community interest calls for intervention to prevent such injury . the provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than nine months from the initiation of the proceedings . ### in article 12 , the first and second subparagraph shall be replaced by the following : provisional duties shall be imposed if : proceedings have been initiated in accordance with article 10 ; a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with the second subparagraph of article 10 ; a provisional affirmative determination has been made that the imported product benefits from countervailable subsidies and of consequent injury to the community industry ; and the community interest calls for intervention to prevent such injury . the provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than six months from the initiation of the proceedings .


### provisional duties may be imposed if proceedings have been initiated in accordance with article 5 , if a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with article 5 , if a provisional affirmative determination has been made of dumping and consequent injury to the community industry , and if the community interest calls for intervention to prevent such injury . the provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than nine months from the initiation of the proceedings . ### provisional duties may be imposed if proceedings have been initiated in accordance with article 5 , if a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with article 5 , if a provisional affirmative determination has been made of dumping and consequent injury to the union industry , and if the union interest calls for intervention to prevent such injury . the provisional duties shall be imposed only in the last week of the seven - month period starting from the initiation of the proceedings .


### provisional duties may be imposed if proceedings have been initiated in accordance with article 5 , if a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with article 5 , if a provisional affirmative determination has been made of dumping and consequent injury to the community industry , and if the community interest calls for intervention to prevent such injury . the provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than nine months from the initiation of the proceedings . ### article 7 shall be replaced by the following : provisional duties shall be imposed if proceedings have been initiated in accordance with article 5 , if a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with article 5 , if a provisional affirmative determination has been made of dumping and consequent injury to the community industry , and if the community interest calls for intervention to prevent such injury . the provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than six months from the initiation of the proceedings .


### to enable the automotive industry to carry out long - term investments and innovation it is desirable to provide indications of how this regulation should be amended for the period beyond 2020 . these indications should be based on an assessment of the necessary rate of reduction in line with the union ' s long term climate goals and the implications for the development of cost effective co2 reducing technology for cars . it is therefore desirable for these aspects to be reviewed , the commission to make a report and if appropriate proposals made for targets beyond 2020 . ### to enable the automotive industry to carry out long - term investments and innovation it is desirable to provide indications of how this regulation should be amended for the period beyond 2020 . these indications should be based on an assessment of the costs of the development of cost effective co2 reducing technology for cars . it is therefore desirable for these aspects to be reviewed , the commission to make a report and if appropriate proposals made for targets beyond 2020 .


### member states shall take the necessary measures to ensure that additional leave is granted in the case of premature childbirth , children hospitalised at birth , children with disabilities and multiple births . the duration of the additional leave should be proportionate and allow the special needs of the mother and the child / children to be accommodated . ### member states shall take the necessary measures to ensure that fully paid additional maternity leave is granted in specific situations such as in the case of premature childbirth , stillbirth , caesarean section , children hospitalised at birth , children with disabilities , mothers with disabilities , teenage mothers , multiple births or births occurring within 18 months of the previous birth . the duration of the additional maternity leave after confinement should be proportionate and allow the special needs of the mother and the child / children to be accommodated .


### the member states shall take the necessary measures to prohibit the dismissal and all preparations for a dismissal of workers within the meaning of article 2 during the period from the beginning of their pregnancy to the end of the maternity leave provided for in article 8 , save in exceptional cases not connected with their condition which are permitted under national legislation and / or practice and , where applicable , provided that the competent authority has given its consent . ### the member states shall take the necessary measures to ensure that employers cannot , for reasons of their own convenience , interrupt maternity or paternity leave or leave to care for a child , and to prohibit the dismissal and all preparations for a dismissal of workers within the meaning of article 2 during the period from the beginning of their pregnancy to at least six months following the end of the maternity leave provided for in article 8 . dismissal during that period shall be presumed to have arisen on grounds of discrimination and shall be duly specified in writing , save in exceptional cases not connected with their condition , which are permitted under national legislation and / or practice and , where applicable , provided that the competent authority has given its consent .


### this directive lays down minimum requirements and thus offers the member states the option of introducing or maintaining more favourable provisions . the implementation of this directive should not serve to justify any regression in relation to the situation prevailing in each member state . ### this directive lays down minimum requirements and thus offers the member states the option of introducing or maintaining more favourable provisions . the implementation of this directive should not serve to justify any regression in relation to the situation prevailing in each member state , in particular in relation to national laws which , by combining parental leave and maternity leave , provide for an entitlement to the mother of at least 24 weeks of leave allocated before and / or after confinement , and remunerated at least at the level provided for in this directive with due consideration to national legislation . member states that have not already done so are strongly encouraged to take the appropriate measures to ensure equal treatment of pregnant workers and workers who have recently given birth or are breastfeeding , in the public and private sectors , as well as for workers who do not fall within the definitions contained in article 2 of directive 92 / 85 / eec , so as to maximise the benefits of higher fertility rates and higher women’s employment . to that end tax incentives for employers should be considered .


### the member states shall take the necessary measures to prohibit the dismissal and all preparations for a dismissal of workers within the meaning of article 2 during the period from the beginning of their pregnancy to the end of the maternity leave provided for in article 8 , save in exceptional cases not connected with their condition which are permitted under national legislation and / or practice and , where applicable , provided that the competent authority has given its consent . ### the member states shall take the necessary measures to ensure that employers cannot , for reasons of their own convenience , interrupt maternity leave to care for a child , and to prohibit the dismissal and all preparations for a dismissal of workers within the meaning of article 2 during the period from the beginning of their pregnancy to at least six months following the end of the maternity leave provided for in article 8 . dismissal during that period shall be formally justified and shall be duly specified in writing , save in exceptional cases not connected with their condition , which are permitted under national legislation and / or practice and , where applicable , provided that the competent authority has given its consent .


### ‘ recreational craft’ means any boat of any type intended for sports and leisure purposes of hull length from 2 , 5 m to 24 m , measured according to the harmonised standard , regardless of the means of propulsion ; ### ‘ recreational craft’ means any vessel of any type intended for sports and leisure purposes of hull length from 2 , 5 m to 24 m , measured according to the harmonised standard , regardless of the means of propulsion ;


### offshore : designed for offshore voyages where conditions up to , and including , wind force 8 and significant wave heights up to , and including , 4 m may be experienced . ### a recreational craft given design category b is considered to be designed for wind force up to , and including , 8 and significant wave heights up to , and including , 4 m .


### sheltered waters : designed for voyages on sheltered coastal waters , small bays , small lakes , rivers and canals when conditions up to , and including , wind force 4 and significant wave heights up to , and including , 0 , 3 m may be experienced , with occasional waves of 0 , 5 m maximum height , for example from passing vessels . ### a watercraft given design category d is considered to be designed for a wind force up to , and including , 4 and significant wave heights up to , and including , 0 , 3 m with occasional waves of 0 , 5 m maximum height .


### offshore : designed for offshore voyages where conditions up to , and including , wind force 8 and significant wave heights up to , and including , 4 m may be experienced . ### a recreational craft given design category b is considered to be designed for waves of up to 4 m significant height and a wind of beaufort force 8 or less . such conditions may be encountered on offshore voyages of sufficient length or on coasts where shelter may not always be immediately available . such conditions may also be experienced on inland seas of sufficient size for the wave height to be generated . winds are assumed to gust to 21 m / s .


### inshore : designed for voyages in coastal waters , large bays , estuaries , lakes and rivers where conditions up to , and including , wind force 6 and significant wave heights up to , and including , 2 m may be experienced . ### a watercraft given design category c is considered to be designed for waves of up to 2 m significant height and a typical steady wind force of beaufort force 6 or less . such conditions may be encountered on exposed inland waters , in estuaries , and in coastal waters in moderate weather conditions . winds are assumed to gust to 17 m / s .


### ocean : designed for extended voyages where conditions may exceed wind force 8 and significant wave heights of 4 m and above but excluding abnormal conditions , and vessels largely self - sufficient . ### a recreational craft given design category a is considered to be designed for winds that may exceed wind force 8 and significant wave heights of 4 m and above but excluding abnormal conditions such as storm , violent storm , hurricane , tornado and extreme sea conditions or rogue waves .


### sheltered waters : designed for voyages on sheltered coastal waters , small bays , small lakes , rivers and canals when conditions up to , and including , wind force 4 and significant wave heights up to , and including , 0 , 3 m may be experienced , with occasional waves of 0 , 5 m maximum height , for example from passing vessels . ### a watercraft given design category d is considered to be designed for waves of up to 0 , 3 m significant height and occasional waves of 0 , 5 m height and a typical steady wind force of beaufort force 4 or less . such conditions may be encountered on sheltered inland waters , and in coastal waters in fine weather . winds are assumed to gust to 13 m / s .


### inshore : designed for voyages in coastal waters , large bays , estuaries , lakes and rivers where conditions up to , and including , wind force 6 and significant wave heights up to , and including , 2 m may be experienced . ### a watercraft given design category c is considered to be designed for a wind force up to , and including , 6 and significant wave heights up to , and including , 2 m .


### cover 75 % of the external area of both the front and back surface of the unit packet and any outside packaging ; ### cover 50 % of the external area of both the front and back surface of the unit packet and any outside packaging ;


### the power to adopt delegated acts referred to in articles 3 , 3 , 4 , 4 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 13 , 13 , 14 , 18 and 18 shall be conferred on the commission for an indeterminate period of time from [ office of publications : please insert the date of the entry into force of this directive ] . ### the power to adopt delegated acts referred to in articles 6 and 14 , shall be conferred on the commission for a period of five years from [ office of publications : please insert the date of the entry into force of this directive ] .


### member states shall oblige retail outlets intending to engage in cross - border distance sales to consumers located in the union to register with the competent authorities in the member state where the retail outlet is established and in the member state where the actual or potential consumer is located . retail outlets established outside the union have to register with the competent authorities in the member state where the actual or potential consumer is located . all retail outlets intending to engage in cross - border distance sales shall submit at least the following information to the competent authorities : name or corporate name and permanent address of the place of activity from where the tobacco products are supplied ; the starting date of the activity of offering tobacco products for cross - border distance sales to the public by means of information society services ; the address of the website / - s used for that purpose and all relevant information necessary to identify the website . ### member states shall prohibit retail outlets established on their territory from engaging in cross border distance sales .


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


### directive 2001 / 83 / ec of the european parliament and of the council of 6 november 2001 on the community code relating to medicinal products for human use provides a legal framework to assess the quality , safety and efficacy of medicinal products including nicotine containing products . a significant number of nicotine - containing products were already authorised under this regulatory regime . the authorisation takes into account the nicotine content of the product in question . subjecting all nicotine - containing products , whose nicotine content equals or exceeds the content of a nicotine containing product previously authorised under directive 2001 / 83 / ec , to the same legal framework clarifies the legal situation , levels out differences between national legislations , ensures equal treatment of all nicotine containing products usable for smoking cessation purposes and creates incentives for research and innovation in smoking cessation . this should be without prejudice to the application of directive 2001 / 83 / ec to other products covered by this directive if the conditions set by directive 2001 / 83 / ec are fulfilled . ### directive 2001 / 83 / ec of the european parliament and of the council of 6 november 2001 on the community code relating to medicinal products for human use provides a legal framework to assess the quality , safety and efficacy of medicinal products including nicotine - containing products . a significant number of nicotine - containing products were already authorised under this regulatory regime . the authorisation takes into account the nicotine content of the product in question . excluding non - tobacco nicotine - containing products authorised under directive 2001 / 83 / ec from the scope of this directive clarifies the legal situation , levels out differences between national legislations , ensures equal treatment of all nicotine - containing products usable for smoking - cessation purposes and creates incentives for research and innovation in smoking cessation . this should be without prejudice to the application of directive 2001 / 83 / ec to other products covered by this directive if the conditions set by directive 2001 / 83 / ec are fulfilled .


### however , a member state may maintain more stringent national provisions , applicable to all products alike , in areas covered by the directive , on grounds of overriding needs relating to the protection of public health . a member state may also introduce more stringent provisions , on grounds relating to the specific situation of this member state and provided the provisions are justified by the need to protect public health . such national provisions shall be notified to the commission together with the grounds for maintaining or introducing them . the commission shall , within six months from the date of receiving the notification , approve or reject the provisions after having verified , taking into account the high level of health protection achieved through this directive , whether or not they are justified , necessary and proportionate to their aim and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the member states . in the absence of a decision by the commission within this period the national provisions shall be deemed to be approved . ### this directive shall not affect the right of member states to keep or introduce , in accordance with the treaty , more stringent rules concerning the manufacture , import , sale and consumption of tobacco products which they deem necessary in order to protect public health , in - so - far as such rules fall outside the scope of the provisions of this directive .


### cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging . that proportion shall be increased to 32 % for member states with two official languages and 35 % for member states with three official languages . ### cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging . that proportion shall be increased to 32 % for member states with two official languages and 35 % for member states with more than two official languages .


### the labelling provisions also need to be adapted to new scientific evidence . for example the indication of the yields for tar , nicotine and carbon monoxide on cigarette packets have proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others . evidence also suggests that large combined health warnings are more effective than text - only warnings . in this light combined health warnings should become mandatory throughout the union and cover significant and visible parts of the packet surface . a minimum size should be set for all health warnings to ensure their visibility and effectiveness . ### the labelling provisions also need to be adapted to new scientific evidence . for example the indication of the yields for tar , nicotine and carbon monoxide on cigarette packets have proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others . evidence also suggests that large combined health warnings are more effective than text - only warnings . in this light combined health warnings should become mandatory throughout the union and , to ensure they are effective , cover significant and visible parts of the packet surface .


### in order to make this directive fully operational and to keep up with technical , scientific and international developments in tobacco manufacture , consumption and regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission , in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods , setting maximum levels for ingredients that increase toxicity , addictiveness or attractiveness , the use of health warnings , unique identifiers and security features in the labelling and packaging , defining key elements for contracts on data storage with independent third parties , reviewing certain exemptions granted to tobacco products other than cigarettes , roll - your - own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### in order to make this directive fully operational and to keep up with technical , scientific and international developments in tobacco manufacture , consumption and regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission , in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods , setting maximum levels for ingredients that increase toxicity , addictiveness or attractiveness , the methodology for determining whether a tobacco product has characterising flavour , the use of health warnings , unique identifiers and security features in the labelling and packaging , defining key elements for contracts on data storage with independent third parties , reviewing certain exemptions granted to tobacco products other than cigarettes , roll - your - own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### member states shall notify the commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes . taking into account internationally agreed standards , where available , and based on scientific evidence and on the yields notified by member states , the commission shall be empowered to adopt delegated acts in accordance with article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that increase in an appreciable manner the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar , nicotine and carbon monoxide fixed in paragraph 1 . ### member states shall notify the commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes .


### the power to adopt delegated acts referred to in articles 3 , 3 , 4 , 4 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 13 , 13 , 14 , 18 and 18 shall be conferred on the commission for an indeterminate period of time from [ office of publications : please insert the date of the entry into force of this directive ] . ### the power to adopt delegated acts referred to in articles 3 , 3 , 4 , 4 and 4 , 6 , 6 , 6 , 6 , 8 , 9 , 10 , 11 and 14 shall be conferred on the commission for a period of five years from [ office of publications : please insert the date of the entry into force of this directive ] . .


### cross - border distance sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this directive . common rules on a notification system are necessary to ensure that this directive achieves its full potential . the provision on notification of cross - border distance sales of tobacco in this directive should apply notwithstanding the notification procedure set out in directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services . business to consumer distance sale of tobacco products is further regulated by directive 97 / 7 / ec of the european parliament and of the council of 20 may 1997 on the protection of consumers in respect of distance contracts , which will be replaced by directive 2011 / 83 / eu of the european parliament and of the council of 25 october 2011 on consumer rights , as of 13 june 2014 . ### cross - border distance sales of tobacco , and practices such as the free distribution or swapping of tobacco products in public places for promotional purposes , facilitate access to tobacco products by young people and risk undermining compliance with the requirements provided for by tobacco control legislation and in particular by this directive . they should therefore be abolished .


### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ , ‘ organic’ , ‘ without additives’ , ‘ without flavours’ , ‘ slim’ , names , pictures , and figurative or other signs . likewise , the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful . a recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful . this should be addressed . ### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the design characteristics of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ , ‘ organic’ , ‘ without additives’ , ‘ without flavours’ , ‘ slim’ , names , pictures , and figurative or other signs . likewise , the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful . a recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful . this should be addressed .


### cross - border distance sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this directive . common rules on a notification system are necessary to ensure that this directive achieves its full potential . the provision on notification of cross - border distance sales of tobacco in this directive should apply notwithstanding the notification procedure set out in directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services . business to consumer distance sale of tobacco products is further regulated by directive 97 / 7 / ec of the european parliament and the council of 20 may 1997 on the protection of consumers in respect of distance contracts , which will be replaced by directive 2011 / 83 / eu of the european parliament and the council of 25 october 2011 on consumer rights , as of 13 june 2014 . ### cross - border distance sales of tobacco should be prohibited as they facilitate young people ' s access to tobacco products , and risk undermining compliance with the requirements of this directive .


### in order to make this directive fully operational and to keep up with technical , scientific and international developments in tobacco manufacture , consumption and regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission , in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods , setting maximum levels for ingredients that increase toxicity , addictiveness or attractiveness , the use of health warnings , unique identifiers and security features in the labelling and packaging , defining key elements for contracts on data storage with independent third parties , reviewing certain exemptions granted to tobacco products other than cigarettes , roll - your - own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### in order to make this directive fully operational and to keep up with technical , scientific and international developments in tobacco manufacture , consumption and regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission , in particular in respect of adapting maximum yields for emissions and their measurement methods , setting maximum levels for ingredients that increase toxicity , addictiveness or attractiveness , the methodology for determining whether a tobacco product has characterising flavour , the use of health warnings , unique identifiers and security features in the labelling and packaging , defining key elements for contracts on data storage with independent third parties , and reviewing certain exemptions granted to tobacco products other than cigarettes , roll - your - own tobacco and smokeless tobacco products . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and the council .


### the text warning referred to in paragraph 1 shall cover 40 % of the external area of the corresponding surface of the unit packet and any outside packaging . that proportion shall be increased to 45 % for member states with two official languages and 50 % for member states with three official languages . ### the text warning referred to in paragraph 1 shall cover 40 % of the external area of the corresponding surface of the unit packet and any outside packaging . that proportion shall be increased to 45 % for member states with two official languages and 50 % for member states with more than two official languages .


### the health warning shall comply with the requirements laid down in article 10 . it shall cover not less than 30 % of the area of the corresponding surface of the unit packet and of any outside packaging . that proportion shall be increased to 32 % for member states with two official languages and 35 % for member states with three official languages . ### the health warning shall comply with the requirements laid down in article 10 . it shall cover not less than 30 % of the area of the corresponding surface of the unit packet and of any outside packaging . that proportion shall be increased to 32 % for member states with two official languages and 35 % for member states with more than two official languages .


### be reproduced in accordance with the format , layout , design and proportions specified by the commission pursuant to paragraph 3 ; ### be reproduced in accordance with the layout , design and proportions specified by the commission pursuant to paragraph 3 ;


### in accordance with article 114 of the treaty of the functioning of the european union , a high level of health protection should be taken as a basis , regard being had , in particular , to any new developments based on scientific facts . tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco , health protection should be given high importance , in particular to reduce smoking prevalence among young people . ### in accordance with article 114 of the treaty on the functioning of the european union , a high level of health protection should be taken as a basis , regard being had , in particular , to any new developments based on scientific facts . tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco , health protection should be given high importance , in particular to reduce smoking prevalence among young people . in order to protect consumers and promote public health , a fundamental objective of the revision of the directive and its monitoring should be to put an end to the consumption of tobacco products , and legislation will continue to be tightened up to achieve this .


### eur 500 000 for public contracts for social and other specific services listed in annex xvi . ### eur 750 000 for public contracts for social and other specific services listed in annex xvi .


### compliance , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi or , where not applicable , with other provisions ensuring an equivalent level of protection ; ### compliance , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or , with the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in annex xi , whatever the most favourable of workers . these provisions include : those defined by the eight ilo core conventions ; occupational safety and health working time wages social security


### member states shall ensure that contracting authorities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting authorities take into account the need to ensure a high level of quality , continuity , accessibility , affordability , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantaged and vulnerable groups , users ' satisfaction , social inclusion , the involvement and empowerment of users and , where relevant , innovation . member states shall provide that the choice of the service provider is not made solely on the basis of the price for the provision of the service . when drawing up quality criteria , contracting authorities may refer to the criteria set out in the voluntary european quality framework for social services . 2a . contracting authorities may choose to limit the participation in a tender procedure for the provision of social and health services to non profit organisations , provided that a national law that is compatible with european law provides for restricted access to certain services for the benefit on non profit organisations , in line with the ecj ' s jurisprudence . the call for competition shall make reference to this provision . the basic principles of transparency and equal treatment should be respected .


### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union ' s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . furthermore , contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental or social obligations , including rules on accessibility for disabled persons or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights . ### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union ' s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . furthermore , contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental , labour or social obligations , including rules on working conditions , collective agreements and accessibility for disabled persons , health and safety at work or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights .


### where it is aware of any violation of obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi . compliance with union legislation or with international provisions also includes compliance in an equivalent manner . ### where it is aware of any violation of obligations established by union legislation in the field of social and labour law or environmental law or with the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in annex xi , whatever the most favourable of workers . these provisions include : those defined by the eight ilo core conventions ; occupational safety and health ; working time ; wages and social security . compliance with union legislation or with international provisions also includes compliance in an equivalent manner .


### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person , such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for public contracts for these services , with a higher threshold of eur 500 000 . services to the person with values below this threshold will typically not be of interest to providers from other member states , unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of these services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . ### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person , such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . by their very nature they are in general difficult to reconcile with internal market rules applying to public procurement . therefore , public authorities should prefer other ways of providing these services and must ensure high quality for the social services provided if they decide nevertheless to apply public procurement procedures . for a better quality of these services in contracts , a specific regime should be established with a higher threshold of eur 500 000 . services to the person with values below this threshold will typically not be of interest to providers from other member states , unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of these services , the subsidiarity principle , protocol 26 on services of general interest , article 14 of the treaty on the functioning of the european union and article 36 of the charter of fundamental rights , member states have wide discretion to organise the choice of the service providers in the way they consider most appropriate , as closely as possible to the needs of the users , and taking into account the differences in the needs and preferences of users that may result from different geographical , social or cultural situations , and to ensure universal access , continuity and availability of the services in all territories of the union . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee , which are designed to ensure a high level of quality , continuity , accessibility , affordability , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantaged and vulnerable groups , users ' satisfaction , social inclusion , the involvement and empowerment of users and , where relevant , innovation . criteria relating to social and employment conditions , health and safety at the workplace , social security and working conditions should particularly be taken into account . member states and / or public authorities remain free to provide these services themselves including vertical ' in - house ' provision or horizontal inter - municipal cooperation , or to organise social services in any other way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . according to case law of the court , in particular the judgement in case c - 70 / 95 , contracting authorities may be allowed to reserve contracts to non - profit organisation , if such a restriction is provided for by national law and compatible with european law , if it is necessary and proportionate to attain certain societal goals of the national welfare system .


### contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi . ### contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or with the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in annex xi , whatever the most favourable of workers . these provisions include : those defined by the eight ilo core conventions ; occupational safety and health ; working time ; wages and social security .


### the interest of consumers to receive adequate and transparent product information , including the place of farming to be determined on a case by case approach at the appropriate geographical level ; ### the interest of consumers to receive adequate and transparent product information , which specifies the place of farming ;


### period , expressed in days , during which it is possible to ensure gas supply to the protected customers ### period , expressed in days , during which it is expected that gas supply to the protected customers can be ensured .


### by [ 31 march 2011 ; 12 months from entry into force ] at the latest , the competent authority , after consultation of the natural gas undertakings , of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority , where it is not the competent authority , shall establish : ### by [ 31 march 2011 ; 12 months from entry into force ] at the latest , on the basis of the risk and impact assessment carried out according to article 8 , the competent authority , after consultation of the natural gas undertakings , of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority , where it is not the competent authority , shall establish :


### when the commission considers that in a community emergency , an action taken by a competent authority or natural gas undertakings is inappropriate to deal with the emergency , or that it seriously endangers the situation in another member state , the commission shall require the competent authority or natural gas undertaking to change its action . within three days from notification of the commission ' s request , the competent authority concerned shall change its action and notify the commission or shall set out to the commission why it does not agree with the request . in that case , the commission may amend or withdraw its request . if , within three days , the commission decides not to amend or withdraw its request , the competent authority shall comply with the commission ' s request without delay . ### when the commission considers that in a union emergency , an action taken by a competent authority or natural gas undertakings is inappropriate to deal with the emergency , or that it seriously endangers the situation in another member state , the commission may recommend the competent authority or natural gas undertaking to change its action .


### following the recommendation of the commission referred to in article 4 or in situation referred to in article 4 , the obligation set out in paragraph 1 may be fulfilled at the regional level . the n - 1 standard shall also be considered to be fulfilled where the competent authority demonstrates in the preventive action plan referred to in article 5 that a supply disruption may be sufficiently and timely compensated for by demand side measures . ### following the recommendation of the commission referred to in article 4 or in the situation referred to in article 4 , the calculation set out in paragraph 1 may be carried out at the regional level . in its calculation of the n - 1 indicator , the competent authority shall be allowed to demonstrate in the preventive action plan referred to in article 5 that a supply disruption may be sufficiently and timely compensated for by specific measures , including demand side measures .


### the competent authority shall take the measures to ensure the gas supply to the protected customers of the member state in the case of : extremely cold temperatures during a seven days peak period statistically occurring once every twenty years ; and b ) any period of sixty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years . ### in carrying out the risk and impact assessment defined in article 8 , the competent authority shall use a common methodology , which shall include the following indicators for the supply of gas to the protected customers of the member state : supplies in case of extremely cold average temperatures during a seven days period statistically occurring once every twenty years ; and b ) supplies in case of any period of thirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years .


### in addition to the monitoring and reporting obligations provided for in article 5 of the gas directive the competent authority shall publish and forward to the commission a report by 31 july each year containing the following data : calculation of n - 1 indicator and data necessary for such calculation , progress made in investments needed to cope with n - 1 , country specific difficulties encountered in the implementation new alternative solutions ; annual amounts , durations and supply country covered by gas supply import contracts ; maximal interconnection capacity of each entry and exit points to and from the gas systems ; the main elements of the relevant intergovernmental agreements concluded with third countries . ### in addition to the monitoring and reporting obligations provided for in article 5 of the gas directive the competent authority shall forward to the commission a report by 31 july each year containing the following data : calculation of n - 1 indicator and data necessary for such calculation ; on an aggregated basis , annual amounts , durations and supply country covered by gas supply import contracts ; maximal interconnection capacity of each entry and exit points to and from the gas systems ; the main elements of the relevant intergovernmental agreements concluded with third countries .


### when the commission considers that in a community emergency , an action taken by a competent authority or natural gas undertakings is inappropriate to deal with the emergency , or that it seriously endangers the situation in another member state , the commission shall require the competent authority or natural gas undertaking to change its action . ### when the commission considers that in a union emergency , an action taken by a competent authority is inappropriate to deal with the emergency , or that it seriously endangers the situation in another member state , the commission , after duly taking into account the opinion of the gas coordination group , shall require the competent authority to change its action .


### since gas supplies from third countries are central to the security of gas supply of the community , the commission should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the community . the commission should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the community and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role . ### since gas supplies from third countries are central to the security of gas supply of the union , in the event of a union emergency , the commission , after consultation of the gas coordination group , should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the union . the commission , after consultation of the gas coordination group , should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the union and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role .


### any period of sixty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years . ### any period of thirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years .


### the failure of the largest single gas infrastructure or gas supply source , the so - called n - 1 principle , is a realistic scenario . using the failure of such infrastructure or supply source as a benchmark of what member states should be able to compensate is a valid starting point for ensuring their security of gas supply . ### the failure of the largest single gas infrastructure , the so - called n - 1 principle , may well be a realistic scenario . the failure of such infrastructure is one of the scenario analyses that may help in evaluating a member state’s security of supply .


### in a community emergency , the commission shall coordinate the actions of the competent authorities . in particular the commission shall ensure the exchange of information , ensure the consistency and effectiveness of the actions at member state and regional level in relation to the community level , and shall coordinate the actions with regard to third countries . the commission may convene a crisis management group composed in particular of representatives of the industry and the member states concerned by the emergency . ### in a union emergency , the commission shall ensure coordination of the emergency actions of the competent authorities . in particular the commission shall ensure the exchange of information , ensure the consistency and effectiveness of the actions at member state and regional level in relation to the union level , and may ensure coordination of the actions with regard to third countries . the commission may convene a crisis management group composed in particular of representatives of the industry and the member states concerned by the emergency .


### sufficient gas infrastructure within a member state and across the community is essential for tackling supply interruptions . common minimum criteria on security of gas supply should ensure a level playing field for security of gas supply and should create significant incentives to build the necessary infrastructure and to improve the level of preparedness in case of crisis . demand side measures such as fuel switching may have a valuable role to play in ensuring energy security where they can be applied quickly and reduce demand appreciably to react to a supply disruption . ### sufficient gas infrastructure within a member state and across the union is essential for tackling supply interruptions . risk and impact assessments based on a common methodology should ensure effective and efficient implementation of minimum criteria on security of gas supply and a level playing field for security of gas supply while taking into account national or regional specificities and should create significant incentives to build the necessary infrastructure and to improve the level of preparedness in case of crisis . demand side measures such as fuel switching may have a valuable role to play in ensuring energy security where they can be applied quickly and reduce gas demand appreciably to react to a supply disruption .


### before adopting those plans the competent authorities shall exchange information and consult each other and the commission to ensure that their plans and measures are mutually consistent at the appropriate regional level . these consultations shall cover , as a minimum , interconnections , cross - border supplies , storage across borders and the physical capacity to transport gas in both directions . ### before adopting those plans the competent authorities shall exchange information and consult each other , the commission and the gas coordination group to ensure that their plans and measures are mutually consistent at the appropriate regional level . these consultations shall cover , as a minimum , interconnections , cross - border supplies , storage across borders and the physical capacity to transport gas in both directions .


### the commission shall establish a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the commission . this monitoring task force may be deployed when necessary and shall monitor and report on the gas flows within and outside the community , in cooperation with the supplying and transiting countries . ### the commission , after duly taking into account the opinion of the gas coordination group , shall establish a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the commission . this monitoring task force may be deployed when necessary and shall monitor and report on the gas flows within and outside the union , in cooperation with the producing and transiting countries .


### since gas supplies from third countries are central to the security of gas supply of the community , the commission should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the community . the commission should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the community and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role . ### since gas supplies from third countries are central to the security of gas supply of the union , in the event of a union emergency the commission , after consultation of the gas coordination group , should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the union . the commission , after consultation of the gas coordination group , should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the union and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role .


### ' protected customers ' means all household customers already connected to a gas distribution network , and , if the member state concerned so decides , can also include small and medium - sized enterprises , schools and hospitals provided that they are already connected to a gas distribution network ; ### ' protected customers ' means all household customers already connected to a gas distribution network , and , if the member state concerned so decides , can also include : small and medium - sized enterprises , schools and hospitals provided that they are already connected to a gas distribution network , and b ) electrical power plants for the limited quantity - established by the competent authority on a national needs basis - necessary to avoid interruption of electricity to customers in the event of gas supply disruption ;


### the natural gas undertakings , the relevant organisations representing the interests of household and industrial customers and the regulatory authority , where it is not the competent authority , shall cooperate and provide all necessary information for the risk assessment . ### the natural gas undertakings , the relevant organisations representing the interests of household and industrial customers and the regulatory authority , where it is not the competent authority , shall cooperate and provide all necessary information for the risk and impact assessment .


### the competent authority shall allow the natural gas undertakings to meet these criteria on a regional or community level and shall not require that these standards are met based on infrastructure located only within its territory . ### the competent authorities shall be allowed to calculate these indicators on a regional or union level and they shall not be required to calculate these indicators only within their territory .


### the gas coordination group shall assist the commission in particular on issues related to : ### in accordance with the provisions of this regulation , the gas coordination group shall closely cooperate with the commission in particular on issues related to :


### this regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the member states and the community regarding both preventive action and the reaction to concrete disruptions of supply . ### this regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of natural gas undertakings , the member states and the community regarding both preventive action and the reaction to concrete disruptions of supply , and to constitute a practical expression of the spirit of solidarity contained in the treaty on the functioning of the european union .


### following the recommendation of the commission referred to in article 4 or in situation referred to in article 4 , the obligation set out in paragraph 1 may be fulfilled at the regional level . the n - 1 standard shall also be considered to be fulfilled where the competent authority demonstrates in the preventive action plan referred to in article 5 that a supply disruption may be sufficiently and timely compensated for by demand side measures . ### following the recommendation of the commission referred to in article 4 or in the situation referred to in article 4 , the calculation set out in paragraph 1 may be carried out at the regional level . in its calculation of the n - 1 indicator , the competent authority shall be allowed to demonstrate in the preventive action plan referred to in article 5 that a supply disruption may be sufficiently and timely compensated for by specific measures , including demand side measures .


### the preventive action plan shall take into account economic effectiveness , effects on the functioning of the internal energy market and environmental impact . ### the preventive action plan shall be based primarily on market measures to achieve internal security and shall take into account the economic effectiveness and efficiency of the measures adopted , their effects on the functioning of the internal energy market and the environmental impact .


### the precise definition of the roles and responsibilities of all natural gas undertakings and competent authorities is therefore crucial in maintaining the well - functioning of the internal market , particularly in supply disruptions and crisis situations . ### the precise definition of the roles and responsibilities of all natural gas undertakings and competent authorities is therefore crucial to avoid conflicting competences and to maintain the well - functioning of the internal market , particularly in supply disruptions and crisis situations .


### to strengthen the solidarity between member states in the case of a community emergency and in particular to support member states which are exposed to less favourable geographical or geological conditions , member states should devise specific measures to exercise solidarity , including measures such as commercial agreements between natural gas undertakings , compensation mechanisms , increased gas exports or increased releases from storages . solidarity measures may be particularly appropriate between member states for which the commission recommends the establishment of joint preventive actions plans or emergency plans at regional level . ### to strengthen the solidarity between member states in the case of a union emergency and in particular to support member states which are exposed to less favourable geographical or geological conditions , member states should devise specific measures to exercise solidarity , as provided for in the treaty on the functioning of the european union , including measures such as commercial agreements between natural gas undertakings , compensation mechanisms , increased gas exports or increased releases from storages . solidarity measures may be particularly appropriate between member states for which the commission recommends the establishment of joint preventive actions plans or emergency plans at regional level .


### the risk assessment shall be repeated every two years before 30 september of that year . ### the risk and impact assessment shall be repeated every two years before 30 september of that year .


### the completion of the internal gas market and effective competition within that market offer the community the highest level of security of supply for all member states , provided that the market is allowed to work fully in case of disruption of supply affecting a part of the community , whatever the cause of the disruption . to this end , a comprehensive and effective common approach to security of supply is required , particularly through transparent and non - discriminatory policies compatible with the requirements of the market , avoiding market distortions and undermining of market responses to disruptions . ### the completion of the internal gas market and effective competition within that market offers the union the highest level of security of supply for all member states , provided that the market is allowed to work fully in case of disruption of supply affecting a part of the union , whatever the cause of the disruption . to this end , a comprehensive and effective common approach to security of supply is required , particularly through transparent and non - discriminatory policies compatible with the functioning of the internal market , avoiding market distortions and the undermining of market responses to disruptions .


### since gas supplies from third countries are central to the security of gas supply of the community , the commission should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the community . the commission should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the community and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role . ### since gas supplies from third countries are central to the security of gas supply of the union , particularly in the event of a union emergency , the commission , after consultation with the gas coordination group should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the union . the commission , after consultation with the gas coordination group , should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the union and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role .


### implementation of the plans ; ### review and implementation of the plans ;


### each member state shall designate a competent authority responsible for the implementation of the security of gas supply measures provided in this regulation . the measures shall include the biennial risk assessment , the establishment of the preventive action plans , the establishment of the emergency plan , and the continuous monitoring of security of gas supply at national level . competent authorities shall cooperate with each other to prevent a supply disruption and to limit damages in case it occurs . ### each member state shall designate a competent authority responsible for the implementation of the security of gas supply measures in line with the provisions of this regulation . the measures shall include the biennial risk and impact assessment , the establishment of the preventive action plans , the establishment of the emergency plan , and the continuous monitoring of security of gas supply at national level . competent authorities shall cooperate with each other to prevent a supply disruption and to limit damages in case it occurs .


### in order to ensure the highest level of preparedness in case of supply disruption , emergency plans should be established by all natural gas undertakings together with the competent authorities . such plans should be mutually consistent . their content should follow best practices among existing plans and should define clear roles and responsibilities for all concerned natural gas undertakings and competent authorities . joint emergency plans at regional level , should be established where possible and necessary . ### in order to ensure the highest level of preparedness in case of supply disruption , emergency plans should be established by the competent authorities , after consultation of the natural gas undertakings . such plans should be mutually consistent . their content should follow best practices among existing plans and should define clear roles and responsibilities for all concerned natural gas undertakings and competent authorities . joint emergency plans at regional level , should be established where possible and necessary .


### hourly flow of gas at all cross - border entry and exit points as well as all points connecting a production facility to the network , storage , lng in mcm / d ; ### hourly flow of gas at all cross - border entry and exit points as well as all points connecting the transmission network to a production facility , storage facility or lng terminal ;


### the competent authority shall publish its plans , including amended versions according to paragraph 6 , and notify them to the commission without delay . ### the competent authority shall publish a non confidential version of its plans , including amended versions according to paragraph 6 , and notify them to the commission and the gas coordination group without delay .


### after an emergency , the competent authority shall without delay provide to the commission a detailed assessment of the emergency and the effectiveness of the implemented measures , including the assessment of economic impact of the emergency , the impact of the fuel switching on the levels of the emissions , the impact on the electricity sector and the assistance provided to and / or received from the community and its member states . ### after an emergency , the competent authority shall without delay provide to the commission a detailed assessment of the emergency and the effectiveness of the implemented measures , including the assessment of economic impact of the emergency , the impact of the fuel switching on the levels of the emissions , the impact on the electricity sector and the assistance provided to and / or received from the union and its member states . the commission shall analyse the assessments of the member states and present its results , in aggregated form , to the gas coordination group .


### before adopting those plans the competent authorities shall exchange information and consult each other and the commission to ensure that their plans and measures are mutually consistent at the appropriate regional level . these consultations shall cover , as a minimum , interconnections , cross - border supplies , storage across borders and the physical capacity to transport gas in both directions . ### before adopting those plans the competent authorities shall exchange information and consult each other , the commission and the gas coordination group to ensure that their plans and measures are mutually consistent at the appropriate regional level . these consultations shall cover , as a minimum , interconnections , cross - border supplies , storage across borders and the physical capacity to transport gas in both directions .


### the competent authority shall take the measures to ensure the gas supply to the protected customers of the member state in the case of : extremely cold temperatures during a seven days peak period statistically occurring once every twenty years ; and b ) any period of sixty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years . ### in carrying out the risk and impact assessment defined in article 8 , the competent authority shall use a common methodology , which shall include the following indicators for the supply of gas to the protected customers of the member state : supplies in case of extremely cold average temperatures during a seven days period statistically occurring once every twenty years ; and b ) supplies in case of any period of thirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years .


### to strengthen the solidarity between member states in the case of a community emergency and in particular to support member states which are exposed to less favourable geographical or geological conditions , member states should devise specific measures to exercise solidarity , including measures such as commercial agreements between natural gas undertakings , compensation mechanisms , increased gas exports or increased releases from storages . solidarity measures may be particularly appropriate between member states for which the commission recommends the establishment of joint preventive actions plans or emergency plans at regional level . ### to strengthen the solidarity between member states in the case of a union emergency and in particular to support member states which are exposed to less favourable geographical or geological conditions , member states should devise measures to exercise solidarity . natural gas undertakings should devise measures such as commercial agreements , which may comprise increased gas exports or increased releases from storages . it is important to encourage the conclusion of prior arrangements between natural gas undertakings . natural gas undertakings should always be compensated in a fair and equitable manner for any measures they are asked to take in preparation for an emergency situation . obligations for solidarity measures should be limited to the supply of household customers . solidarity measures may be particularly appropriate between member states for which the commission recommends the establishment of joint preventive actions plans or emergency plans at regional level .


### sufficient gas infrastructure within a member state and across the community is essential for tackling supply interruptions . common minimum criteria on security of gas supply should ensure a level playing field for security of gas supply and should create significant incentives to build the necessary infrastructure and to improve the level of preparedness in case of crisis . demand side measures such as fuel switching may have a valuable role to play in ensuring energy security where they can be applied quickly and reduce demand appreciably to react to a supply disruption . ### sufficient gas infrastructure within a member state and across the union is essential for tackling supply interruptions . risk and impact assessments based on a common methodology should ensure effective and efficient implementation of minimum criteria on security of gas supply and a level playing field for security of gas supply while taking into account national or regional specificities and should create significant incentives to build the necessary infrastructure and to improve the level of preparedness in case of crisis . demand side measures such as fuel switching may have a valuable role to play in ensuring energy security where they can be applied quickly and reduce gas demand appreciably to react to a supply disruption .


### period , expressed in days , during which it is possible to ensure gas supply to the protected customers ### period , expressed in days , during which it is expected that gas supply to the protected customers can be ensured .


### the competent authority shall allow the natural gas undertakings to meet these criteria on a regional or community level and shall not require that these standards are met based on infrastructure located only within its territory . ### the competent authorities shall be allowed to calculate these indicators on a regional or union level and they shall not be required to calculate these standards indicators only within their territory .


### the competent authority shall immediately inform the commission and provide it with all the necessary information when it declares any of the crisis levels . in the event of an emergency which may result in a call for assistance from the eu and its member states the competent authority of the member state concerned shall without delay notify the commission’s civil protection monitoring and information centre . ### the competent authority shall immediately inform the commission and the gas coordination group and provide them with all the necessary information when it declares any of the crisis levels . in the event of an emergency which may result in a call for assistance from the eu and its member states the competent authority of the member state concerned shall without delay notify the commission’s civil protection monitoring and information centre .


### following the recommendation of the commission referred to in article 4 or in situation referred to in article 4 , the obligation set out in paragraph 1 may be fulfilled at the regional level . the n - 1 standard shall also be considered to be fulfilled where the competent authority demonstrates in the preventive action plan referred to in article 5 that a supply disruption may be sufficiently and timely compensated for by demand side measures . ### following the recommendation of the commission referred to in article 4 or in the situation referred to in article 4 , the calculation set out in paragraph 1 may be carried out at the regional level . in its calculation of the n - 1 indicator , the competent authority shall be allowed to demonstrate in the preventive action plan referred to in article 5 that a supply disruption may be sufficiently and timely compensated for by specific measures , including demand side measures .


### in a community emergency , the commission shall coordinate the actions of the competent authorities . in particular the commission shall ensure the exchange of information , ensure the consistency and effectiveness of the actions at member state and regional level in relation to the community level , and shall coordinate the actions with regard to third countries . the commission may convene a crisis management group composed in particular of representatives of the industry and the member states concerned by the emergency . ### in a union emergency , the commission shall coordinate the actions of the competent authorities after consultation with the gas coordination group . in particular the commission shall ensure the exchange of information , ensure the consistency and effectiveness of the actions at member state and regional level in relation to the union level , and shall coordinate the actions with regard to third countries . the commission may convene a crisis management group composed in particular of representatives of the industry and the member states concerned by the emergency .


### when the commission considers that in a community emergency , an action taken by a competent authority or natural gas undertakings is inappropriate to deal with the emergency , or that it seriously endangers the situation in another member state , the commission shall require the competent authority or natural gas undertaking to change its action . ### when the commission considers that in a union emergency , an action taken by a competent authority is inappropriate to deal with the emergency , or that it seriously endangers the situation in another member state , the commission , after duly taking into account the opinion of the gas coordination group , shall require the competent authority to change its action .


### the completion of the internal gas market and effective competition within that market offer the community the highest level of security of supply for all member states , provided that the market is allowed to work fully in case of disruption of supply affecting a part of the community , whatever the cause of the disruption . to this end , a comprehensive and effective common approach to security of supply is required , particularly through transparent and non - discriminatory policies compatible with the requirements of the market , avoiding market distortions and undermining of market responses to disruptions . ### the completion of the internal gas market and effective competition within that market offers the union the highest level of security of supply for all member states , provided that the market is allowed to work fully in case of disruption of supply affecting a part of the union , whatever the cause of the disruption . to this end , a comprehensive and effective common approach to security of supply is required , particularly through transparent and non - discriminatory policies compatible with the functioning of the internal market , avoiding market distortions and the undermining of market responses to disruptions .


### to strengthen the solidarity between member states in the case of a community emergency and in particular to support member states which are exposed to less favourable geographical or geological conditions , member states should devise specific measures to exercise solidarity , including measures such as commercial agreements between natural gas undertakings , compensation mechanisms , increased gas exports or increased releases from storages . solidarity measures may be particularly appropriate between member states for which the commission recommends the establishment of joint preventive actions plans or emergency plans at regional level . ### to strengthen the solidarity between member states in the case of a union emergency and in particular to support member states which are exposed to less favourable geographical or geological conditions , member states should devise measures to exercise solidarity . natural gas undertakings should devise measures such as commercial agreements , which may comprise increased gas exports or increased releases from storages . it is important to encourage the conclusion of prior arrangements between natural gas undertakings . natural gas undertakings should always be compensated in a fair and equitable manner for any measures they are asked to take in preparation for an emergency situation . solidarity measures may be particularly appropriate between member states for which the commission recommends the establishment of joint preventive actions plans or emergency plans at regional level .


### the failure of the largest single gas infrastructure or gas supply source , the so - called n - 1 principle , is a realistic scenario . using the failure of such infrastructure or supply source as a benchmark of what member states should be able to compensate is a valid starting point for ensuring their security of gas supply . ### the failure of the largest single gas infrastructure , the so - called n - 1 principle , is a realistic scenario . using the failure of such infrastructure as a benchmark of what member states should be able to compensate is a valid starting point for ensuring their security of gas supply .


### the commission shall verify within one week whether the declaration of an emergency is justified and whether it does not impose an undue burden on the natural gas undertakings and on the functioning of the internal market . the commission may , in particular , ask the competent authority to modify measures imposing an undue burden on natural gas undertakings and to lift its declaration of emergency if the commission considers it not or no longer justified . ### the commission shall verify within four days whether the declaration of an emergency is justified and whether it does not impose an undue burden on the natural gas undertakings and on the functioning of the internal market . the commission may seek the advice of the gas coordination group in this matter . the commission may , in particular , ask the competent authority to modify measures imposing an undue burden on natural gas undertakings and to lift its declaration of emergency if the commission considers it not or no longer justified .


### the competent authority shall allow the natural gas undertakings to meet these criteria on a regional or community level and shall not require that these standards are met based on infrastructure located only within its territory . ### the competent authorities shall be allowed to calculate these indicators on a regional or union level and they shall not be required to calculate these indicators only within their territory .


### the competent authorities and the commission shall ensure the confidentiality of commercially sensitive information . ### the competent authorities and the commission shall at all times ensure the confidentiality of commercially sensitive information submitted to them in application of this regulation .


### after an emergency , the competent authority shall without delay provide to the commission a detailed assessment of the emergency and the effectiveness of the implemented measures , including the assessment of economic impact of the emergency , the impact of the fuel switching on the levels of the emissions , the impact on the electricity sector and the assistance provided to and / or received from the community and its member states . ### after an emergency , the competent authority shall without delay provide to the commission a detailed assessment of the emergency and the effectiveness of the implemented measures , including the assessment of economic impact of the emergency , the impact of the fuel switching on the levels of the emissions , the impact on the electricity sector and the assistance provided to and / or received from the union and its member states . the commission shall analyse the assessments of the member states and present its results , in aggregated form , to the gas coordination group .


### the measures to ensure the security of supply shall be clearly defined , transparent , proportionate , non - discriminatory , verifiable , and shall not unduly distort competition and the effective functioning of the internal market . ### the measures to ensure the security of supply shall be based on the risk and impact assessment carried out according to article 8 , clearly defined , transparent , proportionate , non - discriminatory , verifiable , and shall not unduly distort competition and the effective functioning of the internal market .


### this regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions . it should also provide for emergency mechanisms to be used when markets are no longer able to deal adequately with a gas supply disruption . even in an emergency , market based instruments should be given priority to mitigate the effects of the supply disruption . ### this regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions . it should also provide for emergency mechanisms to be used when markets alone are no longer able to deal adequately with a gas supply disruption . even in an emergency , market based instruments should be given priority to mitigate the effects of the supply disruption .