### wine as defined in council regulation no 1493 / 1999 , beer , and spirits as defined in article 2 of regulation no . [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 89 . the commission shall produce a report after [ five years of the entry into force of this regulation ] concerning the application of article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients . those measures designed to amend non - essential elements of this regulation , by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 49 ; ### wine as defined in article 1 of council regulation no 479 / 2008 of 29 april 2008 on the common organisation of the market in wine1 , and article 2 of council regulation no 1601 / 1991 of 10 june 1991 laying down general rules on the definition , description and presentation of aromatised wines , aromatised wine - based drinks and aromatised wine - product cocktails 2 , similar products obtained from fruit other than grapes , cider , perry , beer and spirits as defined in article 2 of regulation no 110 / 2008 of the european parliament and of the council of 15 january 2008 on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing regulation no 1576 / 893 , and other alcoholic beverages . the commission shall produce a report [ five years from the entry into force of this regulation ] concerning the application of article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients . those measures , designed to amend non - essential elements of this regulation by supplementing it , shall be adopted , where appropriate , in accordance with the following procedures : for the products referred to in article 1 of regulation no 479 / 2008 , in accordance with the procedure laid down in article 113 of that regulation ; for the products referred to in article 2 of regulation no 1601 / 91 , in accordance with the procedure laid down in article 13 of that regulation ; for the products referred to in regulation no 110 / 2008 , in accordance with the procedure laid down in article 25 of that regulation ; for other products , in accordance with the procedure laid down in article 290 of the feu treaty . without prejudice to the specific characteristics established by way of the procedures for the products referred to in points i ) , ii ) and iii ) , the measures referred to in paragraph 1 must be applied consistently and simultaneously for all the products described in the paragraph . 1 oj l 148 , 6 . 6 . 2008 , p . 1 . 2 oj l 149 , 14 . 6 . 1991 , p . 1 . 3 oj l 39 , 13 . 2 . 2008 , p . 16 .


### wine as defined in council regulation no 1493 / 1999 , beer , and spirits as defined in article 2 of regulation no . [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 89 . the commission shall produce a report after [ five years of the entry into force of this regulation ] concerning the application of article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients . those measures designed to amend non - essential elements of this regulation , by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 49 ; ### wine and wine products as defined in article 1 of council regulation no 479 / 2008 of 29 april 2008 on the common organisation of the market in wine and article 2 of council regulation no 1601 / 1991 of 10 june 1991 laying down general rules on the definition , description and presentation of aromatized wines , aromatized wine - based drinks and aromatized wine - product cocktails , similar products obtained from fruit other than grapes , cider , perry , beer and spirits as defined in article 2 of regulation no . [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 89 and other alcoholic beverages . the commission shall produce a report after [ five years of the entry into force of this regulation ] concerning the application of article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients . those measures designed to amend non - essential elements of this regulation , by supplementing it shall be adopted where necessary in accordance with the following procedure : as regards the products referred to in council regulation no 479 / 2008 , under the procedure laid down in article 113 of that regulation ; as regards the products referred to in article 2 of council regulation no 1601 / 91 , under the procedure laid down in article 13 of that regulation ; as regards the products referred to in council regulation no 110 / 2008 of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit , under the procedure laid down in article 25 of that regulation ; as regards other products , under the procedure referred to in article 290 of the treaty on the functioning of the european union . without prejudice to the specificities identified through the above - mentioned procedures for products referred to in points , and , the measures shall apply consistently and become applicable at the same time for all products listed ;


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


### a financial counterparty shall clear all otc derivative contracts which are considered eligible pursuant to article 4 and are concluded with other financial counterparties in the relevant ccps listed in the register as referred to in article 4 . ### a financial counterparty or a non - financial counterparty referred to in article&#160 ; 7 shall clear all otc derivative contracts which are considered eligible pursuant to article&#160 ; 4 and are concluded with other financial counterparties or non - financial counterparties referred to in article&#160 ; 7 in the relevant ccps listed in the register as referred to in article&#160 ; 4 .


### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . when establishing the threshold for the clearing obligation , esma should consult all relevant authorities , as for example regulators responsible for commodity markets , in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector . ### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . balance - sheet ratios and the results of year - end audits should be used to determine whether the non - financial counterparty mainly uses otc derivatives in a way which can be shown on an objectively measurable basis to be directly linked to the undertaking’s business activity and funding arrangements . when establishing the threshold for the clearing obligation , esa should consult all relevant authorities , as for example regulators responsible for commodity markets , and the non - financial counterparties in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector . should a comparable set of eu rules tailored to individual sectors come into force , the commission should immediately consider whether the sector should be removed from the scope of this regulation and put forward corresponding legislative proposals .


### where a non - financial counterparty takes positions in otc derivative contracts exceeding the clearing threshold to be determined pursuant to paragraph 3 , it shall be subject to the clearing obligation set out in article 3 with regard to all its eligible otc derivative contracts . ### where a non - financial counterparty takes net positions and exposures in otc derivative contracts exceeding the clearing threshold to be determined pursuant to paragraph 3 during a period of 90 consecutive days , it shall be subject to the clearing obligation set out in article 3 with regard to all eligible otc derivative contracts that exceed the clearing threshold and are not objectively measurable as directly linked to its commercial activity pursuant to paragraph 4 and notify the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec thereof .


### those thresholds shall be determined taking into account the systemic relevance of the sum of net positions and exposures by counterparty per class of derivatives . ### the threshold shall be determined in accordance with subparagraph 1 taking into account the systemic relevance of the sum of net positions and exposures by counterparty per class of derivatives over a specific period of time .


### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . when establishing the threshold for the clearing obligation , esma should consult all relevant authorities , as for example regulators responsible for commodity markets , in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector . ### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . non - financial counterparties should explain the use of derivatives through their annual report or other appropriate means and the results of year - end audits should be used to determine whether the non - financial counterparty mainly uses otc derivatives in a way which can be shown on an objectively measurable basis to be directly linked to the undertaking’s business activity and funding arrangements . when establishing the threshold for the clearing obligation , esa should consult all relevant authorities , as for example regulators responsible for commodity markets , and the non - financial counterparties in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector . should a comparable set of eu rules tailored to individual sectors come into force , the commission should immediately consider whether the sector should be removed from the scope of this regulation and put forward corresponding legislative proposals .


### those thresholds shall be determined taking into account the systemic relevance of the sum of net positions and exposures by counterparty per class of derivatives . ### those thresholds shall be determined taking into account the systemic relevance of the sum of net positions and exposures by counterparty per class of otc derivatives . the systemic relevance of the sum of net positions and exposures for otc derivatives shall be determined on the basis of appropriate quantitative and qualitative criteria for each class . in particular , credit risk exposures in connection with contracts with systemically relevant financial institutions shall be taken into account .


### the competent authority or any other authority shall inform esma , the college and other relevant authorities without undue delay of any emergency situation relating to a ccp , including developments in financial markets , which may have an adverse effect on market liquidity and the stability of the financial system in any of the member states where the ccp or one of its clearing members are established . ### the competent authority or any other authority shall inform the esa and other relevant authorities without undue delay of any emergency situation relating to a ccp , including developments in financial markets , which may have an adverse effect on market liquidity and the stability of the financial system in any of the member states where the ccp or one of its clearing members are established .


### ability of the ccp to handle the volume of contracts ; ### the ability of the ccp to offer products that respect the needs of all , including smaller market participants such as small and medium - sized enterprises ;


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


### ’class of derivatives ' means a number of otc derivative contracts that share common , essential characteristics ; ### ’class of derivatives ' means a subset of derivatives sharing common and essential characteristics which include , but may not be limited to : relationship with the underlying asset , type of underlying asset , pay - off profile and currency of notional . derivatives belonging to the same class may have different maturities .


### ’financial counterparty ' means investment firms as set out in directive 2004 / 39 / ec , credit institutions as defined in directive 2006 / 48 / ec , insurance undertakings as defined in directive 73 / 239 / eec , assurance undertakings as defined in directive 2002 / 83 / ec , reinsurance undertakings as defined in directive 2005 / 68 / ec , undertakings for collective investments in transferable securities as defined in directive 2009 / 65 / ec , institutions for occupational retirement provision as defined in directive 2003 / 41 / ec and alternative investment funds managers as defined in directive 2010 / . . . / eu ; ### ’financial counterparty’ means an undertaking established in the union which is an authorised investment firm as set out in directive 2004 / 39 / ec , an authorised credit institution as defined in directive 2006 / 48 / ec , an authorised insurance undertaking as defined in directive 73 / 239 / ec , an authorised assurance undertaking as defined in directive 2002 / 83 / ec , an authorised reinsurance undertaking as defined in directive 2005 / 68 / ec , an authorised undertaking for collective investments in transferable securities as defined in directive 2009 / 65 / ec , an authorised institution for occupational retirement provision as defined in directive 2003 / 41 / ec or an alternative investment fund as defined in directive 2010 / . . . / eu other than such an alternative investment fund whose sole investment policy is to develop or invest in physical real estate ;


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


### financial counterparties or the non - financial counterparties referred to in article 7 , that enter into an otc derivative contract not cleared by a ccp , shall ensure that appropriate procedures and arrangements are in place to measure , monitor and mitigate operational and credit risk , including at least : ### financial counterparties or the non - financial counterparties referred to in article 7 , that enter into a derivative contract not cleared by a ccp , shall ensure with due diligence that appropriate prudential procedures and arrangements are in place to measure , monitor and mitigate operational , market and credit risk , including at least :


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


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


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


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


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


### manufacturers should have flexibility to decide how to meet their targets under this regulation and should be allowed to average emissions over their new vehicle fleet rather than having to respect co2 targets for each individual vehicle . manufacturers should therefore be required to ensure that the average specific emission for all the new light commercial vehicles registered in the community for which they are responsible does not exceed the average of the emissions targets for those vehicles . this requirement should be phased in between 2014 and 2016 in order to facilitate its introduction . this is consistent with the lead times given and the duration of the phase - in period set in regulation 443 / 2009 . ### manufacturers should have flexibility to decide how to meet their targets under this regulation and should be allowed to average emissions over their new vehicle fleet rather than having to respect co2 targets for each individual vehicle . manufacturers should therefore be required to ensure that the average specific emission for all the new light commercial vehicles registered in the community for which they are responsible does not exceed the average of the emissions targets for those vehicles . this requirement should be phased in between 2015 and 2018 in order to facilitate its introduction . this is consistent with the lead times given and the duration of the phase - in period set in regulation 443 / 2009 .


### from 2020 , this regulation sets a target of 135 g co2 / km for the average emissions of new light commercial vehicles registered in the community . ### from 2020 , this regulation sets a target of 150 g co2 / km for the average emissions of new light commercial vehicles registered in the community , provided the commission has confirmed the feasibility of this target in its review pursuant to article 12 .


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


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


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


### is part of a group of connected manufacturers that is responsible in total for fewer than 22 000 new light commercial vehicles registered in the community per calendar year ; or ### is part of a group of connected manufacturers that is responsible in total for fewer than 25 000 new light commercial vehicles registered in the community per calendar year ; or


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


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


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


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


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


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


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


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


### from 2014 to 2018 : for excess emissions of more than 3 g co2 / km : × €120 + €45 ) × number of new light commercial vehicles . for excess emissions of more than 2 but no more than 3 g co2 / km : × €25 + €20 ) × number of new light commercial vehicles . for excess emissions of more than 1 but no more than 2 g co2 / km : × €15 + €5 ) × number of new light commercial vehicles . for excess emissions of no more than 1 g co2 / km : excess emissions × €5 × number of new light commercial vehicles . ### from 2015 to 2020 : for excess emissions of more than 3 g co2 / km : × €95 + €45 ) × number of new light commercial vehicles . for excess emissions of more than 2 but no more than 3 g co2 / km : × €25 + €20 ) × number of new light commercial vehicles . for excess emissions of more than 1 but no more than 2 g co2 / km : × €15 + €5 ) × number of new light commercial vehicles . for excess emissions of no more than 1 g co2 / km : excess emissions × €5 × number of new light commercial vehicles .


### from 2020 , this regulation sets a target of 135 g co2 / km for the average emissions of new light commercial vehicles registered in the community . ### from 2025 , this regulation sets a target of 140 g co2 / km for the average emissions of new light commercial vehicles registered in the community , as long as the commission confirms the feasibility of this target value in its review , as set out in article 12 .


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


### - subject to confirmation of its feasibility on the basis of updated impact assessment results , the modalities for reaching , by the year 2020 , a long - term target of 135 g co2 / km in a cost - effective manner ; and ### subject to confirmation of its feasibility on the basis of updated impact assessment results , the modalities for reaching , by the year 2020 , a long - term target of 150 g co2 / km in a cost - effective manner ; and


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


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


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


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


### from 2014 to 2017 : indicative specific emission of co2 = 175 + a × where : m = mass of the vehicle in kilograms m0 = 1 706 . 0 a = 0 . 093 ### from 2015 to 2018 : indicative specific emission of co2 = 175 + a × where : m = mass of the vehicle in kilograms m0 = 1 706 . 0 a = 0 . 093


### provide appropriate accessibility of all regions of the union , thereby promoting social , economic and territorial cohesion and supporting inclusive growth . ### provide appropriate accessibility of all regions of the union , including outermost , island and mountain regions , thereby promoting social , economic and territorial cohesion and supporting inclusive growth .


### member states shall ensure that , in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities , the creditor is entitled , without the necessity of a reminder , to interest for late payment equal to statutory interest if the following conditions are satisfied : ### member states shall ensure that , in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities or for purposes of achieving the objectives of public authorities , the creditor is entitled , without the necessity of a reminder , to interest for late payment equal to statutory interest if the following conditions are satisfied :


### member states shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph 2 shall not exceed 30 days , unless otherwise specified and duly justified in the tender documents and the contract . ### member states shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph 2 shall not exceed 30 days from the date of the receipt of the goods or services .


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


### late payment is particularly regrettable if it occurs despite the debtor’s solvency . surveys show that public authorities often pay invoices very late after expiration of the applicable payment period . public authorities may face lighter financing constraints because they may benefit from more secure , predictable and continuous revenue streams than private undertakings . at the same time , they depend less than private undertakings on building stable commercial relationships for the achievement of their aims . consequently , public authorities may have less incentive to pay on time . in addition , many public authorities can obtain financing at more attractive conditions than private undertakings . therefore , late payment by public authorities not only leads to unjustified costs for private undertakings , but to inefficiency in general . it is therefore appropriate to introduce correspondingly higher dissuasive compensation in case of late payment by public authorities . ### surveys show that public authorities often pay invoices very late after expiration of the applicable payment period . this is due to various factors . while , on the one hand , public authorities may benefit from more secure , predictable and continuous revenue streams and can obtain financing at more attractive conditions than private undertakings , on the other hand their internal structure does not have the flexibility typical of the private sector .


### the means referred to in paragraph 2 shall include provisions whereby representative organisations may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that clauses are grossly unfair , so that they can apply appropriate and effective means to prevent their continued use . ### the means referred to in paragraph 2 shall include provisions whereby organisations officially recognised as , or having a legitimate interest in , representing enterprises may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that terms or commercial practices , including in the case of an individual contract , are unfair , so that they can apply appropriate and effective means to prevent their use .


### late payment constitutes a breach of contract which has been made financially attractive to debtors in most member states by low or no interest rates charged on late payments and / or slow procedures for redress . a decisive shift , including making the exclusion of the right to charge interest an unfair contractual clause and providing for a compensation of creditors for the costs incurred , is necessary to reverse this trend and to ensure that the consequences of late payments are such as to discourage late payment . ### late payment constitutes a breach of contract which has been made financially attractive to debtors in most member states by low or no interest rates charged on late payments and / or slow procedures for redress . a decisive shift to a culture of prompt payment is necessary to reverse this trend and to ensure that the consequences of late payments are such as to discourage late payment . this shift should include providing for the compensation of creditors for the costs incurred , and making the exclusion of the right to charge interest and the right to compensation for recovery costs unfair contractual terms and unfair commercial practices .


### for the purpose of the first subparagraph , a clause which excludes interest for late payment shall always be considered as grossly unfair . ### for the purpose of paragraph 1 , a term or a commercial practice which excludes interest for late payment or compensation for recovery costs , or both , shall always be considered as unfair .


### member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period . ### member states shall ensure that : the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless it is duly and objectively justified in accordance with the principle of necessity or in accordance with special provisions laid down by national law and unless it is specifically agreed between the debtor and the creditor . member states may , if necessary , deviate from the requirements laid down in paragraph in cases of arrangements for payment by instalments or staggered payments which have been specifically agreed between the debtor and the creditor . the date of receipt of the invoice is not subject to a contractual agreement between debtor and creditor .


### member states shall ensure that , in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities , the creditor is entitled , without the necessity of a reminder , to interest for late payment equal to statutory interest if the following conditions are satisfied : ### member states shall ensure that , in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities , or on behalf of public authorities to third parties , the creditor is entitled , without the necessity of a reminder , to interest for late payment equal to statutory interest if the following conditions are satisfied :


### member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period . ### member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless an objective need arises , dictated by force majeure , to schedule payment over a longer period .


### grossly unfair contractual clauses member states shall provide that a clause in a contract relating to the date for payment , the rate of interest for late payment or recovery costs shall either be unenforceable or shall give rise to a claim for damages if it is grossly unfair to the creditor . in determining whether a clause is grossly unfair to the creditor , all circumstances of the case shall be considered , including good commercial practice and the nature of the product or the service . account shall also be taken of whether the debtor has any objective reason to deviate from the statutory rate of interest or from article 3 , article 4 or article 5 . ### unfair contract terms and practices member states shall provide that a term in a contract or a practice relating to the date or period for payment , the rate of interest for late payment or compensation for recovery costs shall be unenforceable and shall give rise to a claim for damages if it is unfair to the creditor . in determining whether a term or practice is unfair to the creditor , within the meaning of subparagraph 1 , all circumstances of the case shall be considered , including : any gross deviation from good commercial practice , contrary to good faith and fair dealing ; the nature of the product or the service ; and whether the debtor has any objective reason to deviate from the statutory rate of interest or from article 3 , article 4 or article 5 .


### “public authority” means any contracting authority , as defined by directive 2004 / 18 / ec ; ### “public authority” means any contracting authority , as defined in article 1 of directive 2004 / 18 / ec and in article 2 of directive 2004 / 17 / ec ;


### late payment is particularly regrettable if it occurs despite the debtor’s solvency . surveys show that public authorities often pay invoices very late after expiration of the applicable payment period . public authorities may face lighter financing constraints because they may benefit from more secure , predictable and continuous revenue streams than private undertakings . at the same time , they depend less than private undertakings on the building stable commercial relationships for the achievement of their aims . consequently , public authorities can obtain financing at more attractive conditions than private undertakings . therefore , late payment by public authorities not only leads to unjustified costs for private undertakings , but to inefficiency in general . it is therefore appropriate to introduce correspondingly higher dissuasive compensation in case of late payment by public authorities . ### late payment is particularly regrettable if it occurs despite the debtor’s solvency , regardless of whether the debtor is from the public or the private sector . therefore penalties and other measures intended to dissuade late payment should as a general rule apply equally to both sectors .


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


### member states shall ensure that an enforceable title can be obtained , irrespective of the amount of the debt , within 90 calendar days of the lodging of the creditor ' s action or application at the court or other competent authority , provided that the debt or aspects of the procedure are not disputed . 2 . national legislation , regulations and administrative provisions shall apply the same conditions for all creditors who are established in the community . ### member states shall ensure that an enforceable title can be obtained , through an expedited procedure and irrespective of the amount of the debt , within 90 calendar days of the lodging of the creditor ' s action or application at the court or other competent authority , provided that the debt or aspects of the procedure are not disputed . this duty shall be carried out by member states in conformity with their respective national legislation , regulations and administrative provisions . in this respect , creditors shall be given the possibility to have recourse to a widely accessible online procedure . 2 . national legislation , regulations , administrative provisions shall apply and the online procedure referred to in paragraph 1 shall be available at the same conditions for all creditors who are established in the union .


### “public authority” means any contracting authority , as defined by directive 2004 / 18 / ec ; ### “public authority” means any contracting authority , as defined by directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts¹ ; ¹ oj l 134 , 30 . 4 . 2004 , p . 114 .


### unless the debtor is not responsible for the delay , the creditor shall , in addition to the amounts set out in paragraph 1 , be entitled to obtain reasonable compensation from the debtor for all remaining recovery costs incurred through the latter’s late payment . ### member states shall ensure that the amounts referred to in paragraphs 1 and 2 shall be payable without the necessity of a reminder and as compensation for the creditor’s own recovery costs .


### ‘ statutory interest’ means simple interest for late payment at a rate which is the sum of the reference rate , plus at least seven percentage points ; ### ‘ statutory interest’ means simple interest for late payment at a rate which is the sum of the reference rate , plus at least nine percentage points ;


### in the interest of consistency of community legislation , the definition of “contracting authorities” in directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public services contracts should apply for the purposes of this directive . ### in the interest of consistency of community legislation , the definition of “contracting authorities” in directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public services contracts and directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors1 should apply for the purposes of this directive . however , the definition of “public authority” should not cover public undertakings as defined in directive 2004 / 17 / ec . _____ 1 oj l 134 , 30 . 4 . 2004 , p . 1 .


### member states shall ensure that , when interest for late payment becomes payable in commercial transactions in accordance with articles 3 and 5 and unless otherwise specified in the contract , the creditor is entitled to obtain from the debtor any of the following amounts : ### member states shall ensure that , when interest for late payment becomes payable in commercial transactions in accordance with article 5 and unless otherwise specified in the contract , the creditor is entitled to obtain from the debtor any of the following amounts :


### “public authority” means any contracting authority , as defined by directive 2004 / 18 / ec ; ### “public authority” means any contracting authority as defined by directive 2004 / 18 / ec and directive 2004 / 17 / ec ;


### ‘ public authority’ means any contracting authority , as defined by directive 2004 / 18 / ec ; ### ‘ public authority’ means any contracting authority as defined by directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors1 and by directive 2004 / 18 / ec , regardless of the subject or value of the contract , and any of the union ' s institution mentioned in article 13 of the treaty on european union ; 1oj l 134 , 30 . 4 . 2004 , p . 1 .


### member states shall ensure that , when interest for late payment becomes payable in commercial transactions in accordance with articles 3 and 5 and unless otherwise specified in the contract , the creditor is entitled to obtain from the debtor any of the following amounts : ### member states shall ensure that , when interest for late payment becomes payable in commercial transactions in accordance with articles 3 and 5 , the creditor is automatically entitled to obtain from the debtor , i . e . without the individual creditor ' s having to take any action , any of the following minimum amounts :


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


### it is necessary to ensure that the recovery procedures for unchallenged claims related to late payment in commercial transactions be completed within a short period of time . ### it is necessary to ensure that the recovery procedures for unchallenged claims related to late payment in commercial transactions be completed within a short period of time , with the option of pursuing such claims against businesses and public authorities through a widely accessible online procedure , available under the same conditions for all creditors established in the union , and accesible without delay through the european e - justice portal as and when it becomes available .


### the means referred to in paragraph 2 shall include provisions whereby representative organisations may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that clauses are grossly unfair , so that they can apply appropriate and effective means to prevent their continued use . ### the means referred to in paragraph 2 shall include provisions whereby representative organisations may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that clauses are grossly unfair , so that they can apply appropriate and effective means to prevent their use . this provision shall be without prejudice to the confidentiality clause binding representative organisations to their member entities .


### payment by public authorities ### interest in the case of late payment


### for the purpose of the first subparagraph , a clause which excludes interest for late payment shall always be considered as grossly unfair . ### for the purpose of paragraph 1 , a term or a commercial practice which excludes interest for late payment or compensation for recovery costs , or both , shall always be considered as unfair .


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


### this directive should prohibit abuse of freedom of contract to the disadvantage of the creditor . where an agreement mainly serves the purpose of procuring the debtor additional liquidity at the expense of the creditor , for example through the exclusion of the possibility for the creditor to charge interest for late payment or specifying an interest rate for late payment which is substantially lower than the statutory interest provided for in this directive , or where the main contractor imposes on his suppliers and subcontractors terms of payment which are not justified on the grounds of the terms granted to himself , these may be considered to be factors constituting such an abuse . this directive should not affect national provisions relating to the way contracts are concluded or regulating the validity of contractual terms which are unfair to the debtor . ### this directive should prohibit abuse of freedom of contract to the disadvantage of the creditor . where a contract term or practice mainly serves the purpose of procuring the debtor additional liquidity at the expense of the creditor , for example through the exclusion of the possibility for the creditor to charge interest for late payment or specifying an interest rate for late payment which is substantially lower than the statutory interest provided for in this directive , or where the main contractor imposes on his suppliers and subcontractors terms of payment which are not justified on the grounds of the terms granted to himself , these may be considered to be factors constituting such an abuse . in accordance with the academic draft common frame of reference , any contract term or practice grossly deviating from good commercial practice , contrary to good faith and fair dealing should be considered unfair . this directive should not affect national provisions relating to the way contracts are concluded or regulating the validity of contractual terms which are unfair to the debtor .


### unless the debtor is not responsible for the delay , the creditor shall , in addition to the amounts set out in paragraph 1 , be entitled to obtain reasonable compensation from the debtor for all remaining recovery costs incurred through the latter’s late payment . ### unless the debtor is not responsible for the delay , the creditor shall , in addition to the amounts set out in paragraph 1 , be entitled to obtain reasonable compensation from the debtor for all remaining recovery costs incurred through the latter’s late payment . the other costs include in particular the costs incurred by the creditor arising from late payment as a result of instructing a lawyer , employing a debt collecting agency or making use of an overdraft facility .


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


### member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period . ### member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period . the period for payment shall in no event exceed 60 days .


### a single audit authority should be responsible for carrying out all functions listed in article 116 of regulation no [ … ] / 2012 [ cpr ] in order to ensure uniform standards across the whole programme area . where this is not possible , a group of auditors should be able to assist the programme audit authority . ### a single audit authority should be responsible for carrying out all functions listed in article 116 of regulation no [ … ] / 2012 [ cpr ] in order to ensure uniform standards across the whole programme area . where this is not possible , a group of auditors should be able to assist the programme audit authority . the application of international audit standards should be required to ensure an adequate level of quality of the audit work .


### the participating member states and third countries or territories , where applicable , shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the commission . this agreement shall also include a commitment of all participating member states to provide the co - financing necessary to implement the cooperation programme . ### the participating member states and third countries or territories , where applicable , shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the commission . this agreement shall also include a commitment of all participating member states to provide the co - financing necessary to implement the cooperation programme . the agreement of all participating countries is also necessary in the event of an amendment of the cooperation programme in accordance with article 26 of regulation no [ . . . ] / 2012 [ the cpr ] .


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


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


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


### ‘ series of slots’ shall mean at least 15 slots for a summer scheduling period and 10 slots for a winter scheduling period requested for the same time on the same day of the week for consecutive weeks and allocated by the coordinator on that basis or , if that is not possible , allocated at approximately the same time ; ### ' series of slots ' shall mean at least 5 slots having been requested for the same time on the same day of the week regularly in the same scheduling period and allocated by the coordinator on that basis or , if that is not possible , allocated at approximately the same time , unless agreed otherwise through a local rule under the conditions as referred to in article 9 , paragraph 8 of this regulation ;


### ‘ series of slots’ shall mean at least 15 slots for a summer scheduling period and 10 slots for a winter scheduling period requested for the same time on the same day of the week for consecutive weeks and allocated by the coordinator on that basis or , if that is not possible , allocated at approximately the same time ; ### for the summer scheduling period a ' series of slots ' shall mean at least 15 slots of which at least 5 shall be consecutive unless agreed otherwise through a local rule . for the winter scheduling period a ' series of slots ' shall mean at least 10 slots of which at least 5 shall be consecutive unless agreed otherwise through a local rule . the slot allocated by the coordinator shall be on the basis that it is on the same time of the day and the same day of the week ,


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


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


### ‘ series of slots’ shall mean at least 15 slots for a summer scheduling period and 10 slots for a winter scheduling period requested for the same time on the same day of the week for consecutive weeks and allocated by the coordinator on that basis or , if that is not possible , allocated at approximately the same time ; ### ' series of slots ' shall mean for the summer scheduling period at least 15 slots of which at least 5 shall be consecutive unless agreed otherwise through a local rule . for the winter scheduling period a ' series of slots ' shall mean at least 10 slots of which at least 5 shall be consecutive unless agreed otherwise through a local rule . the slot allocated by the coordinator shall be on the basis that it is on the same time of the day and the same day of the week or , if that is not possible , allocated at approximately the same time ;


### without prejudice to article 10 , in a situation where all slot requests cannot be accommodated to the satisfaction of the air carriers concerned , preference shall be given to commercial air services and in particular to scheduled air services and programmed non - scheduled air services . in the case of competing requests within the same category of services , priority shall be given for year round operations . ### without prejudice to article 10 , in a situation where all slot requests cannot be accommodated to the satisfaction of the air carriers concerned , preference shall be given to all types of commercial air services . in the case of competing requests within the same category of services , priority shall be given for year round operations .


### at the end of each scheduling period , the coordinator or schedules facilitator shall submit to the member states concerned and to the commission an activity report describing the general slot allocation and / or schedules facilitation situation , examining , in particular , the application of article 9 and articles 13 and 18 , as well as any complaints regarding the application of articles 9 and 10 submitted to the coordination committee and the steps taken to resolve them . the report shall also contain the results of a survey conducted among the interested parties on the quality of services provided by the coordinator . ### at the end of each scheduling period , the coordinator or schedules facilitator shall submit to the member states concerned and to the commission an activity report describing the general slot allocation and / or schedules facilitation situation , examining , in particular , the application of article 9 and articles 13 and 18 , as well as any complaints regarding the application of articles 9 and 10 submitted to the coordination committee and the steps taken to resolve them . upon request , the report shall be communicated to the legally interested parties . the report shall also contain the results of a survey conducted among the interested parties on the quality of services provided by the coordinator . the coordinator and the schedules facilitator shall furthermore submit to the commission , member states and upon request to all parties which has legal interest an annual financial report indicating in detail revenue and expenditure relating to their activities .


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


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


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


### the commission can ask the network manager to deliver an opinion on how the capacity is set in relation to the network operating needs . the commission can make recommendations . the member state shall give reasons for any decision that does not follow these recommendations . the decision shall be communicated to the commission . ### the commission can ask the network manager to deliver an opinion on how the capacity is set in relation to the network operating needs .


### at the end of each scheduling period , the coordinator or schedules facilitator shall submit to the member states concerned and to the commission an activity report describing the general slot allocation and / or schedules facilitation situation , examining , in particular , the application of article 9 and articles 13 and 18 , as well as any complaints regarding the application of articles 9 and 10 submitted to the coordination committee and the steps taken to resolve them . the report shall also contain the results of a survey conducted among the interested parties on the quality of services provided by the coordinator . ### at the end of each scheduling period , the coordinator or schedules facilitator shall submit to the member states concerned and to the commission as well as any other interested party by request an activity report and financial report describing the general slot allocation and / or schedules facilitation situation , examining , in particular , the application of article 9 and articles 13 and 18 , as well as any complaints regarding the application of articles 9 and 10 submitted to the coordination committee and the steps taken to resolve them . the report shall also contain the results of a survey conducted among the interested parties on the quality of services provided by the coordinator .


### a series of slots has been used by that&#160 ; air carrier for the operation of scheduled and programmed non - scheduled air services , and ### a series of slots has been used by that&#160 ; air carrier , and


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


### air carriers that repeatedly or intentionally operate air services at a time significantly different from the slot allocated as part of a series of slots or use slots in a significantly different way from that indicated at the time of allocation shall lose their priority as referred to in article 10 . the coordinator may decide to withdraw from that air carrier the series of slots in question for the remainder of the scheduling period and place them in the pool after having consulted the air carrier concerned and after issuing a single warning . if the air carrier requests equivalent slots , the coordinator is not obliged to allocate them . ### air carriers that repeatedly and intentionally , or general aviation / business aviation that intentionally , operate air services at a time significantly different from the slot allocated as part of a series of slots or use slots in a significantly different way from that indicated at the time of allocation and thereby cause prejudice to airport or air traffic operations shall lose their historical precedence as referred to in article 10 . the coordinator may decide to withdraw from that air carrier the series of slots in question for the remainder of the scheduling period and place them in the pool after having consulted the air carrier concerned and after issuing a single warning . if the air carrier then requests equivalent slots , the coordinator is not obliged to allocate them .


### without prejudice to articles 7 , 12 , 13 and 17 , priority is to be given to the air carrier concerned for the allocation of the same series during the following equivalent scheduling period , if that air carrier so requests within the time - limit mentioned in article 7 , if the following conditions are satisfied : ### without prejudice to articles 7 and 12 , historical precedence is to be given to the air carrier concerned for the allocation of the same series during the following equivalent scheduling period , if that air carrier so requests within the time - limit mentioned in article 7 , if the following conditions are satisfied :


### the financing referred to under point shall be provided by the air carriers who operate in the coordinated airports and by the airports in such a way as to ensure that the financial burden is distributed equitably among all interested parties and that the financing does not largely depend on a sole interested party . the member states shall ensure that the financial , human , technical and material resources and expertise required by the coordinator for carrying out his duties are at his disposal at all times . ### the financing referred to under point shall be provided by all the air carriers who operate in the coordinated and schedules facilitated airports , and by those airports in such a way as to ensure that the financial burden is distributed equitably among all interested parties and that the financing does not largely depend on a sole interested party . a stakeholder consultation procedure , with the possibility of appeal , shall be launched by member states in order to ensure transparent , non - discriminatory charging correlating to the service provided by the coordinator or schedules facilitator . collection of the air carriers’ payments shall be the responsibility of the airports concerned , which shall pay those amounts to the coordinator or schedules facilitator . the member states shall ensure that the financial , human , technical and material resources and expertise required by the coordinator for carrying out his duties are at his disposal at all times .


### without prejudice to article 10 and of this regulation and without prejudice to article 19 of regulation no 1008 / 2008 , slots placed in the pool shall be distributed among applicant air carriers . 50 % of these slots shall first be allocated to new entrants unless requests by new entrants are less than 50 % . the preference given to new entrants shall be respected during the entire scheduling period . the coordinator shall treat the requests of new entrants and other carriers fairly , in accordance with the coordination periods of each scheduling day . ### without prejudice to article 10 and of this regulation and without prejudice to article 19 of regulation no 1008 / 2008 , slots placed in the pool shall be distributed among applicant air carriers . 50 % of these slots shall first be allocated to new entrants unless requests by new entrants are less than 50 % . the coordinator shall treat the requests of new entrants and other carriers fairly , in accordance with the coordination periods of each scheduling day .


### member states shall ensure that effective , proportionate and dissuasive sanctions are available and are applied to deal with ### member states shall implement effective , proportionate and dissuasive financial penalties and / or appropriate sanctions that are effectively applied to deal with


### if the conditions set out in paragraph and are not met , the commission may however decide that priority for the allocation of the same series should be awarded to the air carriers for the following scheduling period , if this is justified on imperative grounds of urgency linked to exceptional events requiring coherence in the application of measures to be taken in these airports . the commission shall adopt the necessary measures , the application of which shall not exceed the length of one scheduling period . it shall adopt these immediately applicable implementing acts in accordance with the procedure referred to in article 16 . ### if the conditions set out in paragraph and are not met , the commission may however decide that priority for the allocation of the same series should be awarded to the air carriers for the following scheduling period , if this is justified on imperative grounds of urgency linked to exceptional operational disruption requiring coherence in the application of measures to be taken in these airports . the commission shall adopt the necessary measures , the application of which shall not exceed the length of one scheduling period . it shall adopt these immediately applicable implementing acts in accordance with the procedure referred to in article 16 .


### if the conditions set out in paragraph and are not met , the commission may however decide that priority for the allocation of the same series should be awarded to the air carriers for the following scheduling period , if this is justified on imperative grounds of urgency linked to exceptional events requiring coherence in the application of measures to be taken in these airports . the commission shall adopt the necessary measures , the application of which shall not exceed the length of one scheduling period . it shall adopt these immediately applicable implementing acts in accordance with the procedure referred to in article 16 . ### if the conditions set out in paragraph and are not met , the commission , in consultation with the various partners , may however decide that entitlements for the allocation of the same series should be maintained for the air carriers for the following scheduling period , if this is justified on imperative grounds of urgency linked to exceptional events requiring coherence in the application of measures to be taken in these airports . the commission , within one month of the member state or airport concerned having so requested , shall adopt the necessary measures , the application of which shall not exceed the length of one scheduling period . it shall adopt these immediately applicable implementing acts in accordance with the procedure referred to in article 16 . the measures adopted by the european commission may differ according to the member state , airport or type of airline services concerned by the exceptional event in question .


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


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


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


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


### serious disturbance of operations at the airports concerned , including those series of slots at other union airports related to routes which have been affected by such disturbance , during a substantial part of the relevant scheduling period ; ### serious disturbance of operations at the airports concerned , including those series of slots at other airports related to routes which have been affected by such disturbance , during a substantial part of the relevant scheduling period ;


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