### where the contracting authority / entity intends , under article 69 of the directive on public procurement or under article 79 of the directive on procurement by entities operating in the water , energy , transport and postal services sectors , after verifying the explanations of the tenderer , to accept an abnormally low tender comprising goods and / or services originating outside the union , in which the value of the non - covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender , it shall inform the other tenderers of this in writing , including the reasons for the abnormally low character of the price or costs charged . ### where the contracting authority / entity intends , under article 69 of the directive on public procurement or under article 79 of the directive on procurement by entities operating in the water , energy , transport and postal services sectors , after verifying the explanations of the tenderer , to accept an abnormally low tender comprising goods and / or services originating outside the union , in which the value of the non - covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender , it shall inform the other tenderers of this in writing , including the reasons for the abnormally low character of the price or costs charged given by the concerned tenderer . after being informed by the contracting authority / entity of their intention to accept an abnormally low tender , the other tenderers have the possibility to provide relevant information to the contracting authority / entity within a reasonable period of time in order to allow it to take a decision on the acceptance in full knowledge of potential factors which might have an influence on the assessment of the abnormally low character of the price or costs charged .


### national focal points within the european information network on drugs and drug addiction and europol national units shall provide to the emcdda and europol the available information on the consumption , possible risks , manufacture , extraction , importation , trade , distribution , trafficking , commercial and scientific use of substances that appear to be new psychoactive substances or mixtures . the emcdda and europol shall communicate that information immediately to reitox and the europol national units . ### national focal points within the european information network on drugs and drug addiction and europol national units shall provide in a timely manner to the emcdda and europol the available information on the detection and identification , consumption patterns , possible risks , including information on non - fatal intoxication and deaths , manufacture , extraction , importation , trade , distribution , trafficking , commercial and scientific use of substances that appear to be new psychoactive substances or mixtures . the emcdda and europol shall communicate that information immediately to reitox , and the europol national units , the commission and to the european medicines agency .


### the harm to health caused by the consumption of the new psychoactive substance associated with its acute and chronic toxicity , abuse liability and dependence - producing potential , is limited , as it provokes minor injury and disease , and minor physical or mental impairment ; ### the harm to health caused by the consumption of the new psychoactive substance associated with its acute and chronic toxicity , abuse liability and dependence - producing potential , is insignificant ;


### the commission shall not adopt restriction measures on a new psychoactive substance if , based on existing evidence , it poses , overall , low health , social and safety risks , in particular : ### the commission shall not adopt restriction measures on a new psychoactive substance if , based on existing evidence , it :


### the mechanism for rapid exchange of information on new psychoactive substances has proved to be a useful channel for sharing information on new psychoactive substances , on new trends in the use of controlled psychoactive substances and on related public health warnings . that mechanism should be further strengthened to enable a more effective response to the rapid emergence and spread of new psychoactive substances across the union . ### the mechanism for rapid exchange of information on new psychoactive substances ) has proved to be a useful channel for sharing information on new psychoactive substances , on new trends in the use of controlled psychoactive substances and on related public health warnings . to enable a more effective response to the rapid emergence and spread of new psychoactive substances across the union , the mechanism should be maintained and further developed , in particular as regards to the collection and management of data on the detection and identification of new psychoactive substances , adverse events associated with their use , and the involvement of criminal groups in the market through the union new psychoactive substances database . the media , particularly the scientific and medical literature , can be an important source of information on adverse event case reports . in order to enhance the efficiency of reporting , the emcdda should monitor all new psychoactive substances and enter this information into the european database on new drugs . data sets essential to the functioning of this regulation include data on the detection and identification of new psychoactive substances , adverse events associated with their use , and the involvement of criminal groups in the market . a core data set should be defined . the core data set should be reviewed on a regular basis to ensure it reflects the information required in order for the effective functioning of the regulation . suspected serious adverse events , including fatal adverse events , should be subject to expedited reporting .


### national focal points within the european information network on drugs and drug addiction and europol national units shall provide to the emcdda and europol the available information on the consumption , possible risks , manufacture , extraction , importation , trade , distribution , trafficking , commercial and scientific use of substances that appear to be new psychoactive substances or mixtures . ### national focal points within the european information network on drugs and drug addiction and europol national units shall collect and provide to the emcdda and europol the available information on the toxicity level , including oral cumulative toxicity , mutagenicity , reproductive toxicity or neurotoxicity , and on the consumption , possible risks , manufacture , extraction , importation , trade , distribution channels , trafficking , commercial and scientific use of substances that appear to be new psychoactive substances or mixtures .


### information from member states is crucial for the effective functioning of the procedures leading to decision on market restriction of new psychoactive substances . therefore , member states should collect , on a regular basis , data on the use of new psychoactive substances , related health , safety and social problems and policy responses , in accordance with the emcdda framework for data collection for the key epidemiological indicators and other relevant data . they should share this data . ### information from member states is crucial for the effective functioning of the procedures leading to a decision on market restriction of new psychoactive substances . therefore , member states should collect , on a regular basis , data on the emergence and use of new psychoactive substances , related health , safety and social problems and policy responses , in accordance with the emcdda framework for data collection for the key epidemiological indicators and other relevant data . they should share those data .


### the social harm caused to individuals and to society is limited , in particular regarding its impact on social functioning and public order , criminal activities associated with the new psychoactive substance is low , illicit profits generated by the production , trade and distribution of the new psychoactive substance and associated economic costs are non - existent or negligible ; ### or social harm ;


### the commission and the member states shall support the development , sharing and dissemination of information and knowledge on new psychoactive substances . they shall do so by facilitating cooperation between the emcdda , other union agencies , and scientific and research centres . ### the commission and the member states shall support the development , sharing and dissemination of information and knowledge on new psychoactive substances . they shall do so by facilitating cooperation between the emcdda , other union agencies and scientific and research centres , and by regularly providing these bodies with up to date information on such substances wherever possible . the commission and the member states shall also promote and support the research , including applied research into new psychoactive substances and ensure cooperation and coordination between networks at national and eu level in order to strenghten the understanding of the phenomenon . they shall do so by facilitating cooperation between the emcdda , other union agencies and scientific and research centres . in particular , emphasis should be placed on developing forensic and toxicological capacity as well as on improving the availability of epidemiological information .


### the emcdda and europol shall communicate that information immediately to reitox and the europol national units . ### the emcdda and europol shall communicate that information immediately to reitox , the europol national units and the european medicines agency .


### the risks to safety are limited , in particular low risk of spread of diseases , including transmission of blood borne viruses , non - existent or low consequences of physical and mental impairment on the ability to drive , and the impact of the manufacture , transport and disposal of the new psychoactive substance and associated waste materials on the environment is low . ### or risks to safety .


### ' new psychoactive substance ' means a natural or synthetic substance that , when consumed by a human , has the capacity to produce central nervous system stimulation or depression , resulting in hallucinations , alterations in motor function , thinking , behaviour , perception , awareness or mood , which is intended for human consumption or is likely to be consumed by humans even if not intended for them with the purpose of inducing one or more of the effects mentioned above , which is neither controlled under the 1961 united nations single convention on narcotic drugs , as amended by the 1972 protocol , nor the 1971 united nations convention on psychotropic substances ; it excludes alcohol , caffeine and tobacco , as well as tobacco products within the meaning of council directive 2001 / 37 / ec of 5 june 2001 on the approximation of the laws , regulations and administrative provisions of the member states concerning the manufacture , presentation and sale of tobacco products24 ; _________________________ 24 oj l 194 , 18 . 7 . 2001 , p . 26 . ### a ' new psychoactive substance ' means a natural or synthetic substance that , when consumed by a human , has the capacity to produce central nervous system stimulation or depression , resulting in hallucinations , alterations in motor function , thinking , behaviour , perception , awareness or mood , whether or not it is intended for human consumption with the purpose of inducing one or more of the effects mentioned above , which is neither controlled under the 1961 united nations single convention on narcotic drugs , as amended by the 1972 protocol , nor the 1971 united nations convention on psychotropic substances ; it excludes alcohol , caffeine and tobacco , as well as tobacco products within the meaning of council directive 2001 / 37 / ec24 ; __________________________ 24 council directive 2001 / 37 / ec of 5 june 2001 on the approximation of the laws , regulations and administrative provisions of the member states concerning the manufacture , presentation and sale of tobacco products .


### where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application , the authorities of that member state shall be consulted . the institution holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 or on specific provisions in its own legislation preventing disclosure of the document concerned . the institution shall appreciate the adequacy of reasons given by the member state insofar as they are based on exceptions laid down in this regulation . ### where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application , or information submitted to the commission concerning the implementation of union legislation , until such time as any court proceedings relating to it have begun , the authorities of that member state shall be consulted . the institution , body , office or agency holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 . the institution shall appreciate the adequacy of such reasons given by the member state .


### the exceptions as laid down in this article shall only apply for the period during which protection is justified on the basis of the content of the document . the exceptions may apply for a maximum period of 30 years . in the case of documents covered by the exceptions relating to the protection of personal data or commercial interests and in the case of sensitive documents , the exceptions may , if necessary , continue to apply after this period . ### the exceptions as laid down in this article shall in principle not apply to documents transmitted in the framework of procedures leading to a legislative act or delegated or implementing act of general application . the exceptions shall only apply for the period during which protection is justified on the basis of the content of the document . the exceptions may apply for a maximum period of 30 years .


### with regard to the disclosure of personal data , a clear relationship should be established between this regulation and regulation no 45 / 2001 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data . ### union institutions , bodies , offices and agencies should treat personal data in compliance with the rights of data subjects as defined by article 16 tfeu as well as by article 8 of the charter , by relevant union legislation and by the case - law of the court of justice of the european union .


### consultations as regards third - party documents , the institution shall consult the third party with a view to assessing whether an exception referred to&#160 ; in article 4 is applicable , unless it is clear that the document shall or shall not be disclosed . 2 . where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application , the authorities of that member state shall be consulted . the institution holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 or on specific provisions in its own legislation preventing disclosure of the document concerned . the institution shall appreciate the adequacy of reasons given by the member state insofar as they are based on exceptions laid down in this regulation . 3 . where a member state receives a request for a document in its possession , which originates from an institution , unless it is clear that the document shall or shall not be disclosed , the member state shall consult with the institution concerned in order to take a decision that does not jeopardise the objectives of this regulation . the member state may instead refer the request to the institution . ### consultation of third parties as regards third - party documents , the institution , bodies , offices and agencies , shall consult the third party with a view to assessing whether an exception referred to&#160 ; in article 4 is applicable , unless it is clear that the document shall or shall not be disclosed . documents provided to institutions , bodies , offices or agencies for the purpose of influencing policy - making by lobbyists and other interested parties should be made public . 2 . where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a delegated or implementing act of general application the authorities of that member state shall be consulted . the institution holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 or on specific provisions in its own legislation preventing disclosure of the document concerned . the institution shall appreciate the adequacy of reasons given by the member state insofar as they are based on exceptions laid down in this regulation . 3 . where a member state receives a request for a document in its possession , which originates from an institution , body , office or agency , unless it is clear that the document shall or shall not be disclosed , the member state shall consult with the institution concerned in order to take a decision that does not jeopardise the objectives of this regulation . the member state may instead refer the request to the institution .


### the exceptions under paragraphs and shall apply unless there is an overriding public interest in disclosure . as regards paragraph 2 an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment . ### the exceptions under paragraphs and shall apply unless there is an overriding public interest in disclosure . as regards paragraph 2 an overriding public interest in disclosure shall be deemed to exist where the information requested relates to actual emissions into the environment . for the purposes of this article , ' emissions ' shall mean the direct or indirect release of substances , vibrations , heat or noise from individual or diffuse sources in an installation into the air , water or land , as provided for in council directive 96 / 61 / ec of 24 september 1996 concerning integrated pollution prevention and control .


### ' document ' means any content whatever its medium drawn - up by an institution and formally transmitted to one or more recipients or otherwise registered , or received by an institution ; data contained in electronic storage , processing and retrieval systems are documents if they can be extracted in the form of a printout or electronic - format copy using the available tools for the exploitation of the system ; ### ' document ' means a record , or set of records , serving official purposes whatever its medium concerning a matter which falls within the sphere of responsibility of the european union ' s institutions , bodies , offices or agencies . this shall not include drafts , notes and memoranda which are not intended to form part of a file ;


### for the purpose of this regulation : ' document ' means any content whatever its medium drawn - up by an institution and formally transmitted to one or more recipients or otherwise registered , or received by an institution ; data contained in electronic storage , processing and retrieval systems are documents if they can be extracted in the form of a printout or electronic - format copy using the available tools for the exploitation of the system ; ' third party ' means any natural or legal person , or any entity outside the institution concerned , including the member states , other community or non - community institutions and bodies and third countries . ### for the purpose of this regulation : ' document ' shall mean any content whatever its medium concerning a matter relating to the policies , activities and decisions falling within the sphere of responsibility of a union institution , body , office or agency ; data contained in electronic storage , processing and retrieval systems constitute a document if they can be extracted using any reasonably available tools for the exploitation of the system concerned . an institution , body , office or agency that intends to create a new electronic storage system , or to substantially change an existing system , shall evaluate the likely impact on the right of access guaranteed by this regulation and act so as to promote the objective of transparency . the functions for the retrieval of information stored in electronic storage systems shall be adapted in order to satisfy repeated requests from the public which cannot be satisfied using the tools currently available for the exploitation of those systems ; ' classified documents ' shall mean documents which have been totally or partially classified in accordance with article 3a of this regulation ; ' legislative act ' shall for the purposes of this regulation include documents drawn up or received in the course of legislative procedures for the adoption of legislative acts , including measures of general application under delegated and implementing powers , and acts of general application which are legally binding in or on the member states ; ' administrative task ' shall mean measures dealing with organisational , administrative or budgetary matters which are internal to the institution , body , office or agency concerned ; ' archive system ' shall mean a tool or a procedure of the institutions , bodies , offices and agencies for managing in a structured way the filing of all their documents referring to an ongoing or recently concluded procedure ; ' historical archives ' shall mean that part of the archives of the institutions , bodies , offices or agencies which has been selected , on the terms laid down in point , for permanent preservation ; a detailed list of all the categories of acts covered by the definitions in points to shall be published in the official journal of the european union and on the internet sites of the institutions , bodies , offices and agencies , which shall also agree and publish their common criteria for archiving . ' third party ' shall mean any natural or legal person , or any entity outside the institution , body , office or agency concerned , including the member states , other union or non - union institutions and bodies and third countries .


### the exceptions under paragraphs and shall apply unless there is an overriding public interest in disclosure . as regards paragraph 2 an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment . ### the exceptions under paragraphs to shall apply unless there is an overriding public interest in disclosure . when balancing the public interest in disclosure , special weight shall be given to the fact that the requested documents relate to the protection of fundamental rights or the right to live in a healthy environment . as regards paragraphs 2 , and an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment , with the exception of investigations , in particular those concerning possible infringements of union law . as regards the other exceptions set out in article 4 , the institution concerned must take into account the public interest served by disclosure and whether the information requested relates to emissions into the environment , if a request concerns access to environmental information .


### in principle , all documents of the institutions should be accessible to the public . however , certain public and private interests should be protected by way of exceptions . the institutions should be entitled to protect their internal consultations and deliberations where necessary to safeguard their ability to carry out their tasks . in assessing the exceptions , the institutions should take account of the principles in community legislation concerning the protection of personal data , in all areas of union activities . ### in principle , all documents of the institutions that relate to their activities should be registered and accessible to the public . however , without prejudice to the european parliament ' s scrutiny , access to the entire document or to part of it may be denied for reasons of protection of public or private interests , in order to enable the institutions to protect their internal consultations and deliberations where necessary to safeguard their ability to carry out their tasks . in assessing the exceptions , the institutions should take account of the principles in community legislation concerning the protection of personal data in accordance with regulation no 45 / 2001 , in all areas of union activities .


### proposal for a regulation of the european parliament and of the council regarding public access to european parliament , council and commission documents ### proposal for a regulation of the european parliament and the council defining the general principles and limits governing the right of access to documents of union institutions , bodies , offices and agencies


### the distribution of the invasive alien species of union concern present in their territory ; ### the distribution of the invasive alien species of union concern present in their territory and in their fresh and marine waters ;


### some of the species that are invasive in the union may be native in some of the union’s outermost regions and vice versa . in the communication from the commission on “the outermost regions : an asset for europe”18 it was recognised that the remarkable biodiversity of the outermost regions calls for the development and implementation of measures to prevent and manage invasive alien species in those regions as defined by the treaty on the functioning of the european union taking into account european council decisions 2010 / 718 / eu of 29 october 2010 amending the status with regard to the european union of the island of saint - barthélemy19 and 2012 / 419 / eu of 11 july 2012 amending the status of mayotte with regard to the european union20 . therefore all the provisions of these new rules should apply to the union’s outermost regions except for provisions relating to invasive alien species of union concern which are native to those regions . in addition , to allow for the necessary protection of the biodiversity in such regions , it is necessary that the concerned member states draw up , as a complement to the list of invasive alien species of union concern , specific lists of invasive alien species for their outermost regions to which these new rules should also apply . __________________ 18 com 642 final . 19 oj l 325 , 9 . 12 . 2010 , p . 4 . 20 oj l 204 , 31 . 7 . 2012 , p . 131 . ### some of the species that are invasive in the union may be native in some of the union’s outermost regions and vice versa . in the communication from the commission on “the outermost regions : an asset for europe”18 it was recognised that the remarkable biodiversity of the outermost regions calls for the development and implementation of measures to prevent and manage invasive alien species in those regions as defined by the treaty on the functioning of the european union taking into account european council decisions 2010 / 718 / eu of 29 october 2010 amending the status with regard to the european union of the island of saint - barthélemy19 and 2012 / 419 / eu of 11 july 2012 amending the status of mayotte with regard to the european union20 . therefore all the provisions of these new rules should apply to the union’s outermost regions except for provisions relating to invasive alien species of union concern which are native to those regions . in addition , to allow for the necessary protection of the biodiversity in such regions , it is necessary that the member states concerned draw up , as a complement to the list of invasive alien species of union concern , specific lists of invasive alien species for their outermost regions to which these new rules should also apply . some of the alien species that are invasive in the union may be native to parts of the union and to outermost regions and vice versa . __________________ 18 com 642 final . 19 oj l 325 , 9 . 12 . 2010 , p . 4 . 20 oj l 204 , 31 . 7 . 2012 , p . 131 .


### some of the species that are invasive in the union may be native in some of the union’s outermost regions and vice versa . in the communication from the commission on “the outermost regions : an asset for europe”18 it was recognised that the remarkable biodiversity of the outermost regions calls for the development and implementation of measures to prevent and manage invasive alien species in those regions as defined by the treaty on the functioning of the european union taking into account european council decisions 2010 / 718 / eu of 29 october 2010 amending the status with regard to the european union of the island of saint - barthélemy19 and 2012 / 419 / eu of 11 july 2012 amending the status of mayotte with regard to the european union20 . therefore all the provisions of these new rules should apply to the union’s outermost regions except for provisions relating to invasive alien species of union concern which are native to those regions . in addition , to allow for the necessary protection of the biodiversity in such regions , it is necessary that the concerned member states draw up , as a complement to the list of invasive alien species of union concern , specific lists of invasive alien species for their outermost regions to which these new rules should also apply . __________________ 18 com 642 final . 19 oj l 325 , 9 . 12 . 2010 , p . 4 . 20 oj l 204 , 31 . 7 . 2012 , p . 131 . ### some of the species that are invasive in the union may be native in some of the union’s outermost regions and vice versa . in the communication from the commission on “the outermost regions : an asset for europe”18 it was recognised that the remarkable biodiversity of the outermost regions calls for the development and implementation of measures to prevent and manage invasive alien species in those regions as defined by the treaty on the functioning of the european union taking into account european council decisions 2010 / 718 / eu of 29 october 2010 amending the status with regard to the european union of the island of saint - barthélemy19 and 2012 / 419 / eu of 11 july 2012 amending the status of mayotte with regard to the european union20 . therefore all the provisions of these new rules should apply to the union’s outermost regions except for provisions relating to invasive alien species of union concern which are native to those regions . in addition , to allow for the necessary protection of the biodiversity in such regions , it is necessary that in all appropriate cases the member states concerned draw up and update , as a complement to the list of invasive alien species of union concern , specific lists of invasive alien species for their outermost regions to which these new rules should also apply . __________________ 18 com 642 final . 19 oj l 325 , 9 . 12 . 2010 , p . 4 . 20 oj l 204 , 31 . 7 . 2012 , p . 131 .


### the minimum set of data sent by the ecall in - vehicle system shall include only the minimum information required for the appropriate handling of emergency calls . ### the minimum set of data sent by the 112 - based ecall in - vehicle system shall include only the minimum information required for the specific purpose of ensuring appropriate handling of emergency calls .


### the mandatory equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional services should be designed not to increase driver distraction . ### the mandatory equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional services should be designed not to increase driver distraction . the 112 - based ecall in - vehicle system and the system providing private or added - value ecall services should be technically separate in a way that also allows for both a parallel and a separate use . the systems may not hinder each other in their respective functionings . the non - use of a private or added - value ecall service or the refusal of the data subject to give consent to the processing of his or her personal data for the service may not adversely affect on the use of the 112 - based ecall in - vehicle system provided by the manufacturer or the provider of a mobile phone network .


### in accordance with directive 95 / 46 / ec and directive 2002 / 58 / ec , manufacturers shall ensure that vehicles equipped with ecall in - vehicle system are not traceable and are not subject to any constant tracking in their normal operational status related to the ecall . privacy enhancing technologies shall be embedded in the in - vehicle ecall system in order to provide ecall users with the desired level of privacy protection , as well as the necessary safeguards to prevent surveillance and misuse . ### in accordance with directive 95 / 46 / ec and directive 2002 / 58 / ec , manufacturers shall ensure that vehicles equipped with the 112 - based - ecall in - vehicle system are not traceable and are not subject to any constant tracking in their normal operational status related to the ecall . privacy enhancing technologies shall be embedded in the 112 - based in - vehicle ecall system in order to provide ecall users with the desired level of privacy protection , as well as the necessary safeguards to prevent surveillance and misuse . a mechanism to easily deactivate the 112 - based ecall in - vehicle system manually shall be installed .


### the commission shall be empowered to adopt delegated acts in accordance with article 9 which shall define further the requirement of the absence of traceability and tracking and the privacy enhancing technologies referred to in paragraph 1 as well as the modalities of the private data processing and of the user information referred to in paragraph 3 . ### the commission shall be empowered to adopt delegated acts in accordance with article 9 , after consulting the european data protection supervisor , which shall define further the requirement of the absence of traceability and tracking and the privacy enhancing technologies referred to in paragraph 1 , the way in which consent can be obtained from an ecall - user , how his or her identification can be ensured if a vehicle is being used by several persons , the categories of personal data that shall constitute the minimum set of data required for the appropriate handling of emergency calls , the security measures that providers of ecall services shall adopt to ensure lawful data processing and prevent unauthorised access , disclosure , alteration or loss of personal data , as well as the modalities of the private data processing and of the user information referred to in paragraph 3 .


### the fact that the ecall in - vehicle system is activated by default ; ### whether the ecall in - vehicle system is activated by default and the way of deactivating it manually ;


### the amounts of direct payments within the meaning of article 2 of regulation no 73 / 2009 to be granted to a farmer in excess of eur 5000 for an aid application submitted in respect of calendar year 2013 shall be reduced by 4 . 981759&#160 ; % . ### the amounts of direct payments within the meaning of article 2 of regulation no 73 / 2009 to be granted to a farmer for an aid application submitted in respect of calendar year 2013 shall be reduced by [ xxx ] &#160 ; % .


### the mechanism of the financial discipline , together with the modulation , was introduced with the 2003 cap reform . both instruments provided for a linear reduction of the amount of direct payments to be granted to farmers . taking into account the implications of the unequal distribution of direct payments between small and large beneficiaries , modulation has been applied to amounts in excess of eur 5000 in order to achieve a more balanced distribution of payments . in respect of calendar year 2013 , the adjustment of direct payments referred to in article 10 of regulation no 73 / 2009 continues to provide for the same exemption as the modulation . the financial discipline should be applied in a similar way to also contribute to achieving the objective of a more balanced distribution of payments ; therefore , it is appropriate to provide for the application of the adjustment rate only for amounts in excess of eur 5000 . ### the mechanism of the financial discipline was introduced with the 2003 cap reform . that instrument provides for a linear reduction of the amount of direct payments to be granted to farmers , which means equal treatment for all farmers and member states .


### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review should also take into account international developments and consider the effects on competitiveness and security of energy supply . it should be completed at the latest five years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate . ### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review should also take into account international developments and consider the effects on competitiveness and security of energy supply . it should be completed at the latest three years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate .


### ‘ project’ is equivalent to a specific operational reporting unit at the lowest level within the undertaking at which regular internal management reports are prepared to monitor its business . ### ‘ project’ is equivalent to a contract , licence , lease or other legal agreement under which an undertaking operates , and from which its specific revenue liabilities arise .


### where payments in kind are made to a government , they shall be reported in value or in volume . where they are reported in terms of value , supporting notes shall be provided to explain how their value has been determined . ### where payments in kind are made to a government , they shall be reported in value and in volume . where they are reported in terms of value , supporting notes shall be provided to explain how their value has been determined .


### taxes on profits ; ### taxes on profits and the effective tax rate applied ;


### member states shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annual basis . ### member states shall require all undertakings and public interest entities to prepare , have audited and make public a report on payments made to governments in their annual reports .


### in order to take account of future changes to the laws of the member states and in the legislation of the union concerning company types , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of updating the lists of undertakings contained in annexes i and ii . the use of delegated acts is also necessary to adapt the undertaking size criteria , as with the passage of time inflation will erode their real value . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . in order to ensure a relevant and appropriate level of disclosure of payments to governments by the extractive industry and loggers of primary forests and to ensure uniform application of this directive , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the specification of the concept of materiality of payments . ### in order to take account of future changes to the laws of the member states and in the legislation of the union concerning company types , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of updating the lists of undertakings contained in annexes i and ii . the use of delegated acts is also necessary to adapt the undertaking size criteria , as with the passage of time inflation will erode their real value . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level .


### ‘ government’ means any national , regional or local authority of a member state or of a third country . it includes a department , agency or undertaking controlled by that authority as laid down in article 23 to of this directive . ### ‘ government’ means any international administration or any national , regional or local authority of a member state or of a third country . it includes a department , agency or undertaking controlled by that authority as laid down in article 23 to of this directive .


### member states shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annual basis . ### member states shall require large undertakings and all public interest entities to prepare , have audited and make public , as part of their annual financial statements , payments made to governments on an annual basis .


### the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . the report should incorporate disclosures on a country and project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports , such as a concession , geographical basin , etc and where payments have been attributed to such projects . in the light of the overall objective of promoting good governance in these countries , the materiality of payments to be reported should be assessed in relation to the recipient government . various criteria on materiality could be envisaged such as payments of an absolute amount , or a percentage threshold and these can be defined through a delegated act . the reporting regime should be subject to a review and a report by the commission within five years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information . ### the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . the report should incorporate disclosures on a country and project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports , such as a concession , geographical basin , etc and where payments have been attributed to such projects . as regards materiality , the report should exclude any payments that do not exceed eur 100 000 or payments that have been attributed to a project with an overall cost of less than eur 25 million . the reporting regime should be subject to a review and a report by the commission within three years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information .


### ‘ target level’ means 1 . 5% of eligible deposits for the coverage of which a deposit guarantee scheme is responsible ; ### ‘ target level’ means 1 , 5% of covered deposits for which a deposit guarantee scheme is responsible ;


### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . this would allow to reflect the risk profiles of individual banks and lead to a fair calculation of contributions and to provide incentives to operate under a less risky business model . developing a set of core indicators mandatory for all member states and another set of optional supplementary indicators would introduce such harmonisation gradually . ### member states are encouraged to set up the contributions to deposit guarantee schemes reflecting the risk profiles of individual banks and leading to a fair calculation of contributions and providing incentives to operate under a less risky business model .


### deposits by authorities , ### deposits by central authorities ,


### deposit guarantee schemes shall be in a position to repay unavailable deposits within 7 days of the date on which the competent authorities make a determination as referred to in article 2 or a judicial authority makes a ruling as referred to in article 2 . ### deposit guarantee schemes shall repay unavailable deposits within 20 working days of the date on which the competent authorities make a determination as referred to in article 2 or a judicial authority makes a ruling as referred to in article 2 .


### if credit institutions merge , their depositors shall be informed of the merger at least one month before it takes legal effect . depositors shall be informed that when the merger becomes effective , all their deposits held with each of the merging banks would after the merger be aggregated in order to determine their coverage under the deposit guarantee scheme . ### if credit institutions merge , their depositors shall be informed of the merger at least one month before it takes legal effect . depositors shall be informed that when the merger becomes effective , all their deposits held with each of the merging banks would after the merger be aggregated in order to determine their coverage under the deposit guarantee scheme . depositors shall be offered the possibility to withdraw their deposits over the coverage guaranteed in article 7 without any sanction fees , and with all attained interests and benefits .


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


### financing under the programme shall be provided in the form of operating grants . ### financing under the programme shall be provided in the form of operating grants , renewed annually after the commission has conducted an assessment of whether the beneficiaries have achieved the goals laid out in the programme and subject to approval from the european parliament .


### in a global economy , there is a need for a global accounting language . international financial reporting standards developed by the international accounting standards board are adopted and used in many jurisdictions around the world . such international accounting standards need to be developed under a transparent and democratically accountable process . to ensure that the interests of the union are respected and that global standards are of high quality and compatible with union law , it is essential that the interests of the union are adequately taken into account in that international standard - setting process . ### in a global economy , there is a need for a global accounting language , while taking into account the many different accounting traditions and languages already used . international financial reporting standards developed by the international accounting standards board are adopted and used in many jurisdictions around the world , although it must be noted that there are no processes currently in place to ensure that ifrs have been fully implemented in those jurisdictions . such international accounting standards need to be developed under a transparent and democratically accountable process . to ensure that the interests of the union are respected and that global standards are of high quality and compatible with union law , it is vital that the iasb accepts the central idea at the heart of european accounting , which is the requirement for accounts to be prepared on a prudent basis and to be true and fair for all the functions required of accounts by union law .


### taking into account efrag ' s key role in supporting internal market law and policy and in representing european interests in the standard - setting process at international level , it is necessary for the union to ensure efrag ' s stable financing and thus contribute to its funding . ### taking into account efrag ' s single role in ensuring that ifrs are compliant with the requirements of union company law and policy , as laid out in the ias regulation 2002 , it is necessary for the union to ensure efrag ' s stable financing and thus contribute to its funding provided its board structure and working rules are reformed and its mission is clarified . such financing arrangements should be further reassessed in the light of any decision taken to give efrag more responsibilities in terms of influencing the iasb in addition to fulfilling the basic task required by the ias regulation 2002 . the european commission is invited to come forward at the latest by beginning 2014 with a legislative proposal taking into account the conclusions of philippe maystadt , whose mission will focus on a review of the governance of eu bodies in the field of financial reporting and accounting and the accounting regulatory committee ) .


### the european financial reporting advisory group was founded in 2001 by european organisations representing issuers , investors and the accountancy profession involved in the financial reporting process . in accordance with regulation no 1606 / 2002 , efrag provides the commission with opinions on whether an accounting standard issued by the iasb or an interpretation issued by the ifrs interpretations committee , which is to be endorsed , complies with the endorsement criteria set out in that regulation . efrag is also taking up the role of the ‘ single european accounting voice’ in the global arena . in that capacity , efrag provides input to the iasb ' s standard - setting process . ### the european financial reporting advisory group was founded in 2001 by european organisations representing issuers , investors and the accountancy profession involved in the financial reporting process . in accordance with regulation no 1606 / 2002 , efrag provides the commission with opinions on whether an accounting standard issued by the iasb or an interpretation issued by the ifrs interpretations committee , which is to be endorsed , complies with the endorsement criteria set out in that regulation .


### the co - financing programme to be established by this regulation is expected to contribute to the objectives of ensuring comparability and transparency of company accounts throughout the eu , to the global harmonization of financial reporting standards by promoting the international acceptance of ifrs and to promoting convergence and high quality international standards for auditing in all member states . this programme also contributes to the europe 2020 strategy by reinforcing the single market of financial services and capital , and contributes to the strategy ' s external dimension as well . ### the co - financing programme to be established by this regulation is expected to contribute to the objectives of ensuring comparability and transparency of company accounts throughout the eu and to promoting convergence and high quality international standards for auditing in all member states . this programme also contributes to the europe 2020 strategy by reinforcing the single market of financial services and capital . the co - financing programme should not be used to encourage the adoption of or market ifrs in third countries .


### bodies working in the field of accounting and auditing are highly dependent on funding and play major roles in the union which are decisive for the functioning of the internal market . the proposed beneficiaries of the programme established by decision no 716 / 2009 / ec have been co - financed by operating grants from the union budget , which has allowed them to increase their independence from private - sector and ad - hoc funding , thereby raising their capacity and credibility . ### bodies working in the field of accounting and auditing are highly dependent on funding and play major roles in the union which are decisive for the functioning of the internal market . the proposed beneficiaries of the programme established by decision no 716 / 2009 / ec have been co - financed by operating grants from the union budget , which has allowed them to increase their financial independence from private - sector and ad - hoc sources , thereby raising their capacity and credibility . public funding in itself however should not be seen as having confirmed this independence from the private sector . in particular , greater transparency around membership of the iasb ' s and efrag ' s board and other committees should be required to ensure all stakeholders are represented in the endorsement process . all employees of efrag and iasb should be required to declare other relevant financial or job interests or commitments .


### any new beneficiary shall be a non - profit making legal person pursuing an objective forming part of and supporting the union policy in the field of financial reporting and auditing and shall be a direct successor of one of the beneficiaries listed in paragraph 1 . ### any financing of new beneficiaries , even if they are direct successor to one of the beneficiaries listed in paragraph 1 , shall be subject to approval by the european parliament and the council in accordance with article 294 of the treaty on the functioning of the european union .


### procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader , procedures before consumer complaint handling systems operated by the trader , direct negotiation between the consumer and the trader , whether represented or not , and attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute shall not be regarded as adr procedures ; ### procedures before consumer complaint handling systems operated by the trader , direct negotiation between the consumer and the trader , whether represented or not , and attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute shall not be regarded as adr procedures .


### online dispute resolution offers a simple and low - cost out - of - court solution to disputes arising from cross - border online transactions . however , there is currently a lack of mechanisms that allow consumers and traders to resolve such disputes via electronic means . this leads to consumer detriment , acts as a barrier to cross - border online transactions , creates an uneven playing field for traders and thus hampers the development of electronic commerce . ### online dispute resolution offers a simple and low - cost out - of - court solution to disputes arising from both cross - border and domestic online transactions . however , there is currently a lack of mechanisms that allow consumers and traders to resolve such disputes via electronic means . this leads to consumer detriment , acts as a barrier in particular to cross - border online transactions , creates an uneven playing field for traders and thus hampers the overall development of electronic commerce .


### the definition of ‘ online sale of goods or provision of services’ should cover a transaction for the online sale of goods or provision of services where the trader , or the trader ' s intermediary , has offered goods or services through a website or by other electronic means and the consumer has ordered those goods or services on that website or by other electronic means . this should also cover cases where the consumer has accessed the website or other information society service through a mobile electronic device such as a mobile telephone . ### the definition of ' online sale of goods or provision of services ' should cover a transaction for the online sale of goods or provision of services where the trader , or the trader ' s intermediary , has offered goods or services through a website or by other electronic means and the consumer has ordered those goods or services on that website or by other electronic means . this should also cover cases where the consumer has accessed the website or other information society service through a mobile electronic device such as a mobile telephone . services which are not provided by electronic processing / inventory systems , such as services provided via voice telephony or telefax , such as telephone or telefax consultation of a doctor , telephone or telefax consultation of a lawyer , or telephone or telefax direct marketing , should not be regarded as services provided by electronic means .


### odr facilitators and adr entities shall be subject to rules of professional secrecy or other equivalent duties of confidentiality laid down in national legislation . ### consumer advisors and adr entities shall be subject to rules of professional secrecy or other equivalent duties of confidentiality laid down in national legislation .


### traders established within the union engaging in the cross - border online sale of goods or provision of services shall inform consumers about the odr platform and about their e - mail address . this information shall be made easily , directly , prominently and permanently accessible on the traders ' websites and , if the offer is made by e - mail or another textual message transmitted by electronic means , in that message . it shall include an electronic link to the odr platform ' s homepage . traders shall also inform consumers about the odr platform when the consumer submits a complaint to the trader , a consumer complaint handling system operated by the trader or to a company ombudsman . ### traders established within the union engaging in the online sales or service contracts shall inform consumers about their email address . when the trader is obliged or commits to use adr entities to resolve cross - border disputes with consumers he shall also inform the consumer about the existence of the odr platform . this information shall be mentioned in a clear and comprehensible manner . it shall include an electronic link to the odr platform ' s homepage . such traders shall also inform consumers about the odr platform when the consumer submits a complaint to the trader , a consumer complaint handling system operated by the trader or to a company ombudsman .


### this regulation should apply to the out - of - court resolution of contractual disputes between consumers and traders that arise from the online sale of goods or provision of services by traders across borders . it should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a member state of the union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same member state . ### this regulation should apply to the out - of - court resolution of contractual disputes between consumers and traders that arise from the sale of goods or provision of services by traders . it should not apply to disputes between consumers and traders that arise from the sale of goods or provision of services if at least one of them is not established or resident in a member state of the union at the time when the consumer orders such goods or services . this regulation should be limited to complaints submitted by consumers against traders .


### this regulation aims at creating an online dispute resolution platform at european level . the odr platform should take the form of an interactive website offering a single point of entry to consumers and traders seeking to resolve disputes out - of - court which have arisen from a cross - border e - commerce transaction . it should allow consumers and traders to submit complaints by filling in an electronic complaint form available in all official languages of the union and transmit complaints to an alternative dispute resolution entity competent to deal with the dispute concerned . the platform should offer to adr entities and the parties the possibility of conducting the dispute resolution procedure via the platform . ### this regulation aims at creating an online dispute resolution platform at european level . the odr platform should take the form of an interactive website offering a single point of entry to consumers and traders seeking to resolve disputes out - of - court which have arisen from e - commerce transactions . the platform should allow consumers and traders to submit complaints by filling in an electronic complaint form available in all official languages of the union and transmit complaints to an alternative dispute resolution entity competent to deal with the dispute concerned . the odr platform should be interoperable with existing adr entities operating online . the complaint form should contain only that information which is necessary to identify the adr entity or entities competent to deal with a dispute .


### upon receipt of a fully completed complaint form , the odr platform shall communicate to the complainant party , in the language of the complaint , and send by e - mail to the respondent party , in the language of the contract , the following : ### upon receipt of a fully completed complaint form , the odr platform shall in an easily understandable way and without delay transmit to the respondent party in the language of the contract or website , the following :


### the commission shall lay down the modalities of the electronic complaint form by means of implementing acts . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 15 . ### the commission shall be empowered to adopt delegated acts in accordance with article 16 to lay down the modalities of the electronic complaint form , taking into account technical progress . before adopting such delegated acts , the commission shall consult the european data protection supervisor .


### the information that the parties have to agree on one competent adr entity in order for the complaint to be transmitted to it ; ### the information that the parties have to agree on one competent adr entity in order for the complaint to be transmitted to it and that by choosing that adr entity they agree to initiate a dispute resolution procedure ;


### this regulation should apply to the out - of - court resolution of contractual disputes between consumers and traders that arise from the online sale of goods or provision of services by traders across borders . it should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a member state of the union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same member state . ### this regulation should apply to the out - of - court resolution of disputes concerning contractual obligations between consumers resident in the union and traders established in the union stemming from the online sale of goods or provision of services , which are covered by directive . . . . / . . . . eu [ office of publications please insert number of directive of the european parliament and the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ed ] . this should include disputes arising from the sale or provision of digital content for remuneration . although consumers and traders carrying out cross - border online transactions , in particular , will benefit from such an online dispute resolution mechanism , this regulation should also apply to domestic online transactions in order to allow for a true level playing field in the area of electronic commerce . it should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a member state of the union at the time when the consumer orders such goods or services .


### each member state shall designate one odr contact point and communicate its name and contact details to the commission . member states may confer responsibility for the odr contact points on their centres of the european consumer centre network , on consumer associations or on any other body . each odr contact point shall host at least two online dispute resolution facilitators . ### the commission shall designate one odr contact point in each member state . the responsibility for the odr contact points shall be conferred to the centres of the european consumer centre network . each odr contact point shall host at least two online consumer advisors .


### if necessary , facilitating communication between the parties and the competent adr entity ; ### if requested , assisting the parties and facilitating communication between them and the competent adr entity . this may include , in particular :


### access to information , including personal data , related to a dispute and stored in the database referred to in article 10 shall be granted , for the purposes referred to in article 9 , only to the adr entity to which the dispute was transmitted in accordance with article 8 . access to the same information shall be granted also to odr facilitators for the purposes referred to in article 6 . ### access to information , including personal data , related to a dispute and stored in the database referred to in article 10 shall be granted , for the purposes referred to in article 9 , only to the adr entity to which the dispute was transmitted in accordance with article 8 . access to the same information shall be granted also to consumer advisors , in so far as it is necessary , for the purposes referred to in article 6 .


### traders established within the union engaging in the cross - border online sale of goods or provision of services shall inform consumers about the odr platform and about their e - mail address . this information shall be made easily , directly , prominently and permanently accessible on the traders ' websites and , if the offer is made by e - mail or another textual message transmitted by electronic means , in that message . it shall include an electronic link to the odr platform ' s homepage . traders shall also inform consumers about the odr platform when the consumer submits a complaint to the trader , a consumer complaint handling system operated by the trader or to a company ombudsman . ### when online traders established within the european union engaging in the cross border online sale of goods or provision of services have committed to use adr , they shall inform consumers about the odr platform . . this information shall be made easily , directly , prominently and permanently accessible on the traders ' websites and , if the offer is made by e - mail or another textual message transmitted by electronic means , in that message . it shall include an electronic link to the odr platform ' s homepage . traders shall also inform consumers about the odr platform when the consumer submits a complaint to the trader , a consumer complaint handling system operated by the trader or to a company ombudsman .


### in order to supplement or amend certain non - essential elements of this regulation , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of the type of information which a complainant is to provide in the electronic complaint form made available on the odr platform . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### in order to supplement or amend certain non - essential elements of this regulation , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of the functions of the odr platform , the modalities of cooperation between the consumer advisors and the type of information which a complainant is to provide in the electronic complaint form made available on the odr platform , as well as the modalities of that electronic complaint form . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### each member state shall designate one odr contact point and communicate its name and contact details to the commission . member states may confer responsibility for the odr contact points on their centres of the european consumer centre network , on consumer associations or on any other body . each odr contact point shall host at least two online dispute resolution facilitators . ### each member state shall designate their respective centre of the european consumer centre network as odr contact point and communicate its name and contact details to the commission . each odr contact point shall host at least two consumer advisors .


### whether the complainant party is a consumer or a trader ; ### name , e - mail , and , geographical address of the consumer ;


### a complaint submitted to the platform shall be processed if the complaint form is fully completed . ### a complaint submitted to the odr platform shall be processed , if all the necessary fields of the complaint form are fully completed . if the complaint form has not been fully completed , a competent consumer advisor from the member state , which the complainant party has indicated as its member state of residence , shall contact the complainant party and offer support in fully completing that form . any complaint form not fully completed within seven working days from the date on which the complaint was submitted shall not be processed further .


### informing consumers of other means of redress when a dispute cannot be resolved via the platform , for example when the trader fails to agree to the use of adr ; ### informing the complainant party of other means of redress when a dispute cannot be resolved via the odr platform , for example when the parties fails to agree to the use of adr , where no competent adr entity can be identified or the adr entity is unable to deal with the complaint on the basis of its procedural rules ;


### where the parties fail to reply to the platform or to agree on one competent adr entity , the complaint shall not be processed further . the consumer shall be informed of the possibility of contacting an odr facilitator for information on other means of redress . ### where the parties fail to reply to the platform or to agree on one competent adr entity within 20 days , the complaint shall not be processed further .


### this regulation shall apply to the out - of - court resolution of contractual disputes arising from the cross - border online sale of goods or provision of services between consumers and traders through the intervention of an alternative dispute resolution entity complying with directive [ office of publications please insert number of directive of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ] and involving the use of a european online dispute resolution platform . ### this regulation shall apply to the out - of - court resolution of contractual disputes arising from the cross - border and domestic online sale of goods or provision of services between consumers and traders through the intervention of an alternative dispute resolution entity complying with directive . . . * and involving the use of a european online dispute resolution platform . _____________ * oj : please insert the number of directive of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending directive 2009 / 22 / ec


### online dispute resolution offers a simple and low - cost out - of - court solution to disputes arising from cross - border online transactions . however , there is currently a lack of mechanisms that allow consumers and traders to resolve such disputes via electronic means . this leads to consumer detriment , acts as a barrier to cross - border online transactions , creates an uneven playing field for traders and thus hampers the development of electronic commerce . ### online dispute resolution offers a simple and low - cost out - of - court solution to disputes arising from both cross - border and domestic online transactions . however , there is currently a lack of mechanisms that allow consumers and traders to resolve such disputes via electronic means . this leads to consumer detriment , acts as a barrier in particular to cross - border online transactions , creates an uneven playing field for traders and thus hampers the overall development of electronic commerce .


### the commission shall be responsible for the odr platform as regards its development , its operation , its maintenance and as regards data security . ### the commission shall be responsible for the odr platform as regards its development , its operation , including all translation functionalities necessary for the purpose of this regulation , its maintenance , its funding and as regards data security .


### the commission shall adopt the rules concerning the modalities of the cooperation between the odr facilitators through implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 15 . ### the commission shall be empowered to adopt delegated acts in accordance with article 16 concerning the rules for the modalities of the cooperation between the odr contact points .


### this regulation aims at creating an online dispute resolution platform at european level . the odr platform should take the form of an interactive website offering a single point of entry to consumers and traders seeking to resolve disputes out - of - court which have arisen from a cross - border e - commerce transaction . it should allow consumers and traders to submit complaints by filling in an electronic complaint form available in all official languages of the union and transmit complaints to an alternative dispute resolution entity competent to deal with the dispute concerned . the platform should offer to adr entities and the parties the possibility of conducting the dispute resolution procedure via the platform . ### this regulation aims at creating an online dispute resolution platform at european level . the odr platform should take the form of an interactive website offering a single point of entry to consumers and traders seeking to resolve disputes out - of - court which have arisen from e - commerce transactions . the platform should be established on the ' your europe ' - portal , which is an existing single point of entry for both consumers and traders looking for help or information .


### the commission shall at least once every year convene a meeting of members of the odr facilitators ' network in order to permit an exchange of best practice , and a discussion of any recurring problems encountered in the operation of the odr platform . ### the commission shall at least twice every year convene a meeting of members of the odr contact point network in order to permit an exchange of best practice , and a discussion of any recurring problems encountered in the operation of the odr platform .


### upon receipt of a fully completed complaint form , the odr platform shall communicate to the complainant party , in the language of the complaint , and send by e - mail to the respondent party , in the language of the contract , the following : ### upon receipt of a fully completed complaint form , the odr platform shall in an easily understandable way and without delay transmit to the respondent party in the language of the contract or website , the following :


### the commission shall establish a network of online dispute resolution facilitators which shall enable cooperation between odr facilitators and contribute to the performance of the functions set out in paragraph 2 . ### the commission shall establish a network of consumer advisors which shall enable cooperation between consumer advisors and contribute to the performance of the functions set out in paragraph 2 .


### the commission shall at least once every year convene a meeting of members of the odr facilitators ' network in order to permit an exchange of best practice , and a discussion of any recurring problems encountered in the operation of the odr platform . ### the commission shall at least twice every year convene a meeting of members of the consumer advisors ' network in order to permit an exchange of best practice , and a discussion of any recurring problems encountered in the operation of the odr platform .


### proposing , based on the information contained in the electronic complaint form , one or more competent adr entities to the parties and providing information on their fees , if applicable , the language or languages in which the procedure will be conducted , the approximate length of the procedures or informing the complainant party that based on the information submitted , no competent adr entity could be identified ; ### identifying , based on the information contained in the electronic complaint form , one or more adr entities which are competent to deal with the dispute , and providing information to the parties on the costs of their procedure , if applicable , procedural rules , if any , concerning thresholds and time limits , the language or languages in which the procedure will be conducted , the average length of the procedure and the binding or non - binding nature of its outcome ;


### this regulation should apply to the out - of - court resolution of contractual disputes between consumers and traders that arise from the online sale of goods or provision of services by traders across borders . it should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a member state of the union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same member state . ### this regulation should apply to the out - of - court resolution of disputes concerning contractual obligations between consumers resident in the union and traders established in the union arising from the cross - border online sale of goods or provision of services by traders across borders . this should include disputes arising from the sale or provision of digital content for remuneration . it should not apply to disputes between consumers and traders that arise from online sales contracts or services contracts if at least one of them is not established or resident in a member state of the union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same member state .


### a list of all competent adr entities , if any are identified ; ### a list of all competent adr entities , if any are identified . the list shall include a description of the following characteristics of each entity :


### an odr system at european level should build on existing adr entities in the member states and respect member states ' legal traditions . adr entities to which a complaint has been transmitted via the odr platform should therefore apply their own rules of procedure , including rules on cost . however , this regulation intends to establish some common rules applicable to those procedures that will safeguard their effectiveness . »this should include rules ensuring that such dispute resolution is accomplished expeditiously . « ### an odr system at european level should build on existing adr entities in the member states and respect member states ' legal traditions . adr entities to which a complaint has been transmitted via the odr platform should therefore apply their own rules of procedure , including rules on cost . however , this regulation intends to establish some common rules applicable to those procedures that will safeguard their effectiveness . this should include rules ensuring that such dispute resolution is accomplished expeditiously , without the physical presence of the parties or their representatives being required before the adr body . however , the parties may decide that their physical presence is essential .


### the odr facilitators shall provide support to the resolution of disputes relating to complaints submitted via the platform by fulfilling the following functions : ### the odr contact points shall provide support to the resolution of disputes relating to complaints submitted via the platform by fulfilling the following functions :


### the definition of ‘ online sale of goods or provision of services’ should cover a transaction for the online sale of goods or provision of services where the trader , or the trader ' s intermediary , has offered goods or services through a website or by other electronic means and the consumer has ordered those goods or services on that website or by other electronic means . this should also cover cases where the consumer has accessed the website or other information society service through a mobile electronic device such as a mobile telephone . ### the definition of ' online sale of goods or provision of services ' should cover a transaction for the online sale of goods or provision of services where the trader , or the trader ' s intermediary , has offered goods or services through a website or by other electronic means and the consumer has ordered those goods or services on that website or by other electronic means . this should also cover cases where the consumer has accessed the website or other information society service through a mobile electronic device such as a mobile telephone . services which are not provided by electronic processing / inventory systems , such as services provided via voice telephony or telefax , such as telephone or telefax consultation of a doctor , telephone or telefax consultation of a lawyer , or telephone or telefax direct marketing , should not be regarded as services provided by electronic means .


### this regulation should apply to the out - of - court resolution of contractual disputes between consumers and traders that arise from the online sale of goods or provision of services by traders across borders . it should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a member state of the union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same member state . ### this regulation should apply to the out - of - court resolution of contractual disputes between consumers and traders that arise from the online sale of goods or provision of services by traders . although consumers and traders carrying out cross - border online transactions , in particular , will benefit from such an online dispute resolution mechanism , this regulation should also apply to domestic online transactions in order to allow for a true level playing field in the area of electronic commerce .


### traders established within the union engaging in the cross - border online sale of goods or provision of services shall inform consumers about the odr platform and about their e - mail address . this information shall be made easily , directly , prominently and permanently accessible on the traders ' websites and , if the offer is made by e - mail or another textual message transmitted by electronic means , in that message . it shall include an electronic link to the odr platform ' s homepage . traders shall also inform consumers about the odr platform when the consumer submits a complaint to the trader , a consumer complaint handling system operated by the trader or to a company ombudsman . ### traders established within the union engaging in the online sale of goods or provision of services shall inform consumers about the odr platform and about their e - mail address . this information shall be mentioned in a clear and comprehensible manner . it shall include an electronic link to the odr platform ' s homepage . traders shall also inform consumers about the odr platform when the consumer submits a complaint to the trader , a consumer complaint handling system operated by the trader or to a company ombudsman .


### the commission shall establish a network of online dispute resolution facilitators which shall enable cooperation between odr facilitators and contribute to the performance of the functions set out in paragraph 2 . ### the commission shall establish a network of odr contact points which shall enable cooperation between odr contact points and contribute to the performance of the functions set out in paragraph 2 .


### whether the respondent party is a consumer or a trader ; ### type of goods or services to the sale or provision of which the complaint relates* ; to be chosen from a drop - down list


### network of online dispute resolution facilitators ### network of online dispute resolution contact points


### a complaint submitted to the platform shall be processed if the complaint form is fully completed . ### a complaint submitted to the odr platform shall be processed , if all mandatory fields are fully completed . in the event of an incomplete submission , the complainant party shall be informed about the possibility of contacting the odr contact point .


### traders established within the union engaging in the cross - border online sale of goods or provision of services shall inform consumers about the odr platform and about their e - mail address . this information shall be made easily , directly , prominently and permanently accessible on the traders ' websites and , if the offer is made by e - mail or another textual message transmitted by electronic means , in that message . it shall include an electronic link to the odr platform ' s homepage . traders shall also inform consumers about the odr platform when the consumer submits a complaint to the trader , a consumer complaint handling system operated by the trader or to a company ombudsman . ### traders established within the union engaging in the online sale of goods or provision of services shall inform consumers about the odr platform and about their e - mail address . this information shall be made easily , directly , prominently and permanently accessible on the traders ' websites and , if the offer is made by e - mail or another textual message transmitted by electronic means , in that message . it shall include an electronic link to the odr platform ' s homepage . traders shall also inform consumers about the odr platform when the consumer submits a complaint to the trader , a consumer complaint handling system operated by the trader or to a company ombudsman .


### the information that the parties have to agree on one competent adr entity in order for the complaint to be transmitted to it ; ### the complaint ;


### the commission shall adopt the rules concerning the modalities of the cooperation between the odr facilitators through implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 15 . ### the commission shall adopt delegated acts in accordance with article 16 concerning the rules for the modalities of the cooperation between the consumer advisors .


### this regulation should apply to the out - of - court resolution of contractual disputes between consumers and traders that arise from the online sale of goods or provision of services by traders across borders . it should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a member state of the union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same member state . ### this regulation should apply to the out - of - court resolution of disputes concerning contractual obligations between consumers resident in the union and traders established in the union stemming from the online sale of goods or provision of services , which are covered by directive . . . . / . . . . eu [ office of publications please insert number of directive of the european parliament and the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ed ] . this should include disputes arising from the sale or provision of digital content for remuneration . although consumers and traders carrying out cross - border online transactions , in particular , will benefit from such an online dispute resolution mechanism , this regulation should also apply to domestic online transactions in order to allow for a true level playing field in the area of electronic commerce . it should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a member state of the union at the time when the consumer orders such goods or services .


### enabling the parties and the adr entity to conduct the dispute resolution procedure online ; ### offering , free of charge , an electronic case management tool which enables the parties and the adr entity to conduct the dispute resolution procedure online via the platform ;


### informing consumers of other means of redress when a dispute cannot be resolved via the platform , for example when the trader fails to agree to the use of adr ; ### if necessary , contacting the competent adr entity and providing all relevant information and translations to the parties ;


### upon receipt of a fully completed complaint form , the odr platform shall communicate to the complainant party , in the language of the complaint , and send by e - mail to the respondent party , in the language of the contract , the following : ### upon receipt of a fully completed complaint form , the odr platform shall in an easily understandable way and without delay transmit to the respondent party in the language of the contract or website , the following :


### submitting , based on the practical experience gained from the performance of their functions , an annual activity report to the commission and to the member states ; ### if no competent adr entity can be identified , providing support to the parties in finding an amicable solution ;


### informing consumers of other means of redress when a dispute cannot be resolved via the platform , for example when the trader fails to agree to the use of adr ; ### informing the complainant party of other means of redress when a dispute cannot be resolved via the odr platform , for example when the parties fails to agree to the use of adr , where no competent adr entity can be identified or the adr entity is unable to deal with the complaint on the basis of its procedural rules ;


### in the event that the parties agree on more than one adr entity , the consumer shall be requested to select one of the adr entities agreed upon . the platform shall automatically transmit the complaint to that adr entity . ### in the event that the parties agree on more than one adr entity , the consumer shall be requested to select one of the adr entities agreed upon . the odr platform shall automatically and without delay transmit the complaint to that adr entity .


### only the combination of different travel services , such as accommodation , carriage of passengers by bus , rail , water or air , as well as car rental , should be considered for the purposes of identifying a package or an assisted travel arrangement . accommodation for residential purposes , including for long - term language courses , should not be considered as accommodation within the meaning of this directive . ### the combination of different travel services , such as accommodation , carriage of passengers by bus , rail , water or air , as well as car rental , should be considered for the purposes of identifying a package or a linked travel arrangement . hotel nights with added packages , such as tickets for musicals or spa treatments , should be excluded when this package does not form a significant part of the trip or the ancillary service clearly does not constitute the main element of the trip . accommodation for residential purposes for over one month or which is clearly not for the purpose of tourism , such as for long - term language courses , should not be considered as accommodation within the meaning of this directive .


### if any of the services are not performed in accordance with the contract , the organiser shall remedy the lack of conformity , unless this is disproportionate . ### if any of the services are not performed in accordance with the contract , the organiser and , where applicable on account of the parts they manage respectively , the retailer or the carrier shall remedy the lack of conformity .


### facilitates the procurement of travel services which are part of an assisted travel arrangement by assisting travellers in concluding separate contracts for travel services with individual service providers ; ### facilitates the procurement of travel services which are part of a linked travel arrangement by assisting travellers in concluding separate contracts for travel services with individual service providers , one of whom may be the retailer himself ;


### if any of the services are not performed in accordance with the contract , the organiser shall remedy the lack of conformity , unless this is disproportionate . ### if any of the services are not performed in accordance with the contract , the organiser shall remedy the lack of conformity , provided the lack of conformity is reported by the traveller or is clear to the organiser and remedying it would not be disproportionate , and unless the lack of conformity is attributable to the traveller .