### this directive lays down rules for supplementary supervision of regulated entities which have obtained an authorisation in accordance with article 6 of directive 73 / 239 / eec , article 6 of directive 79 / 267 / eec , article 5 of directive 2004 / 39 / ec of the european parliament and of the council , article 6 of directive 2006 / 48 / ec of the european parliament and of the council or article 14 of directive 2009 / 138 / ec of the european parliament and of the council and which are part of a financial conglomerate . ### this directive lays down rules for supplementary supervision of regulated entities which have obtained an authorisation in accordance with article 6 of directive 73 / 239 / eec , article 6 of directive 79 / 267 / eec , article 5 of directive 2004 / 39 / ec of the european parliament and of the council , article 3 of directive 2005 / 68 / ec of the european parliament and of the council of 16 november 2005 on reinsurance1 , article 6 of directive 2006 / 48 / ec of the european parliament and of the council or article 14 of directive 2009 / 138 / ec of the european parliament and of the council and which are part of a financial conglomerate . _____ 1 oj l 323 , 9 . 12 . 2005 , p . 1 .


### ' credit institution ' means a credit institution within the meaning of article 4 of directive 2006 / 48 / ec ; ### ' credit institution ' means a credit institution within the meaning of article 4 of directive 2006 / 48 / ec , as well as an undertaking the registered office of which is outside the union and which would require authorisation if it had its registered office within the union ;


### ‘ investment firm’ means an investment firm within the meaning of article 4 of directive 2004 / 39 / ec , including the undertakings referred to in article 3 of directive 2006 / 49 / ec ; ### ‘ investment firm’ means an investment firm within the meaning of article 4 of directive 2004 / 39 / ec , including the undertakings referred to in article 3 of directive 2006 / 49 / ec , as well as an undertaking the registered office of which is outside the union and which would require authorisation if it had its registered office within the union ;


### ‘ asset management company’ means a management company within the meaning of article 2 of directive 2009 / 65 / ec , as well as an undertaking the registered office of which is outside the european union and which would require authorisation if it had its registered office within the european union ; ### ‘ asset management company’ means a management company within the meaning of article 2 of directive 2009 / 65 / ec , as well as an undertaking the registered office of which is outside the union and which would require authorisation if it had its registered office within the union ;


### ‘ mixed financial holding company’ means a parent undertaking , other than a regulated entity , which together with its subsidiaries , at least one of which is a regulated entity which has its head office in the european union , and other entities , constitutes a financial conglomerate ; ### ‘ mixed financial holding company’ means a parent undertaking , other than a regulated entity , which together with its subsidiaries , at least one of which is a regulated entity which has its head office in the union , and other entities , constitutes a financial conglomerate ;


### asset management companies within the meaning of article 30 are added to the sector they belong to within the group ; if they do not belong exclusively to one sector within the group , they are added to the smallest financial sector . ### asset management companies within the meaning of article 30 are added to the investment services sector ; if they provide services exclusively to one other sector within the group , they are added to that financial sector .


### exclude a minority participation in the smaller sector if such participation is the only element for the identification of a financial conglomerate . ### exclude one or more participations in the smaller sector if such participations are decisive for the identification of a financial conglomerate , and are collectively of negligible interest with respect to the objectives of supplementary supervision .


### the european banking authority and the european insurance and occupational pensions authority shall issue common guidelines aimed at the convergence of supervisory practices with regard to the application of paragraphs 2 , 3 , 3a , 4 and 5 of this article . ### the european supervisory authority , the european supervisory authority and the european supervisory authority shall , through the joint committee , issue common guidelines aimed at the convergence of supervisory practices with regard to the application of paragraphs 2 , 3 , 3a , 4 and 5 of this article .


### the european banking authority and the european insurance and occupational pensions authority shall issue common guidelines aimed at the convergence of supervisory practices with regard to the application of supplementary supervision of risk concentration as provided for in paragraphs 1 to 4 . they shall issue specific common guidelines on the application of paragraphs 1 to 4 to participations of the financial conglomerate in cases where national company law provisions obstruct the application of article 14 . ### the european supervisory authority , the european supervisory authority and the european supervisory authority shall , through the joint committee , issue common guidelines aimed at the convergence of supervisory practices with regard to the application of supplementary supervision of risk concentration as provided for in paragraphs 1 to 4 . they shall issue specific common guidelines on the application of paragraphs 1 to 4 to participations of the financial conglomerate in cases where national company law provisions obstruct the application of article 14 .


### the european banking authority and the european insurance and occupational pensions authority shall issue common guidelines aimed at the convergence of supervisory practices with regard to the application of supplementary supervision of intra - group transactions as provided for in paragraphs 1 to 4 . . they shall issue specific common guidelines on the application of paragraphs 1 to 4 to participations of the financial conglomerate in cases where national company law provisions obstruct the application of article 14 . ### the european supervisory authority , the european supervisory authority and the european supervisory authority shall , through the joint committee , issue common guidelines aimed at the convergence of supervisory practices with regard to the application of supplementary supervision of intra - group transactions as provided for in paragraphs 1 to 4 . they shall issue specific common guidelines on the application of paragraphs 1 to 4 to participations of the financial conglomerate in cases where national company law provisions obstruct the application of article 14 .


### competent authorities shall align the application of the supplementary supervision of internal control mechanisms and risk management processes as provided for in this article with the supervisory review processes as provided for by article 124 of directive 2006 / 48 / ec and article 36 of directive 2009 / 138 / ec . to this end , the european banking authority and the european insurance and occupational pensions authority shall issue common guidelines aimed at the convergence of supervisory practices with regard to the application of supplementary supervision of internal control mechanisms and risk management processes as provided for in this article , as well as on the consistency with the supervisory review processes as provided for by article 124 of directive 2006 / 48 / ec and article 36 of directive 2009 / 138 / ec . they shall issue specific common guidelines for the application of this article to participations of the financial conglomerate , in cases where national company law provisions obstruct the application of article 14 . ### competent authorities shall align the application of the supplementary supervision of internal control mechanisms and risk management processes as provided for in this article with the supervisory review processes as provided for by article 124 of directive 2006 / 48 / ec and article 36 of directive 2009 / 138 / ec . to this end , the european supervisory authority , the european supervisory authority and the european supervisory authority shall , through the joint committee , issue common guidelines aimed at the convergence of supervisory practices with regard to the application of supplementary supervision of internal control mechanisms and risk management processes as provided for in this article , as well as on the consistency with the supervisory review processes as provided for by article 124 of directive 2006 / 48 / ec and article 36 of directive 2009 / 138 / ec . they shall issue specific common guidelines for the application of this article to participations of the financial conglomerate , in cases where national company law provisions obstruct the application of article 14 .


### the european banking authority and the european insurance and occupational pensions authority shall issue common guidelines aimed at the consistency of supervisory coordination arrangements according to article 131a of directive 2006 / 48 / ec and article 248 of directive 2009 / 138 / ec . ### the european supervisory authority , the european supervisory authority and the european supervisory authority shall , through the joint committee , issue common guidelines aimed at the consistency of supervisory coordination arrangements according to article 131a of directive 2006 / 48 / ec and article 248 of directive 2009 / 138 / ec .


### powers conferred on the commission , committee procedure and adoption of common guidelines ### delegated acts and implementing measures


### the european banking authority and the european insurance and occupational pensions authority shall issue the common guidelines referred to in article 3 , article 7 , article 8 , article 9 and article 11 in accordance with the procedure laid down in article 42 of the regulation no . . / . . establishing the european banking authority , and in article 42 of the regulation no . . / . . establishing the european insurance and occupational pensions authority , following cooperation within the joint committee of the european supervisory authorities . ### the european supervisory authority , the european supervisory authority and the european supervisory authority shall , through the joint committee , issue the common guidelines referred to in article 3 , article 7 , article 8 , article 9 , article 11 and article 18 in accordance with the procedure laid down in article 56 of each of regulation no . . / 2010 establishing the european supervisory authority , regulation no . . / 2010 establishing the european supervisory authority and regulation no . . / 2010 establishing the european supervisory authority , following cooperation within the joint committee .


### the following point is added to article 4 : “ ' mixed financial holding company ' means a mixed financial holding company as defined in article 2 of directive 2002 / 87 / ec of the european parliament and of the council on the supplementary supervision of credit institutions , insurance undertakings and investment firms in a financial conglomerate1 ; ” _____ 1 oj l 35 , 11 . 2 . 2003 , p . 1 . ### article 4 is amended as follows : points and are replaced by the following : ' ‘ parent credit institution in a member state’ means a credit institution which has a credit institution or a financial institution as a subsidiary or which holds a participation in such an institution , and which is not itself a subsidiary of another credit institution authorised in the same member state , or of a financial holding company or mixed financial holding company set up in the same member state ; ‘ parent financial holding company in a member state’ means a financial holding company which is not itself a subsidiary of a credit institution authorised in the same member state , or of a financial holding company or mixed financial holding company set up in the same member state ; ' ; the following point is inserted : ' ‘ parent mixed financial holding company in a member state’ means a mixed financial holding company which is not itself a subsidiary of a credit institution authorised in the same member state , or of a financial holding company or mixed financial holding company set up in the same member state ; ' ; points and are replaced by the following : ' ‘ eu parent credit institution’ means a parent credit institution in a member state which is not a subsidiary of another credit institution authorised in any member state , or of a financial holding company or mixed financial holding company set up in any member state ; ‘ eu parent financial holding company’ means a parent financial holding company in a member state which is not a subsidiary of a credit institution authorised in any member state or of another financial holding company or mixed financial holding company set up in any member state ; ' ; the following point is inserted : ‘ eu parent mixed financial holding company’ means a parent mixed financial holding company in a member state which is not a subsidiary of a credit institution authorised in any member state or of another financial holding company or mixed financial holding company set up in any member state ; ' ; the following point is added : “ ' mixed financial holding company ' means a mixed financial holding company as defined in article 2 of directive 2002 / 87 / ec ; ”


### when an advanced measurement approach is intended to be used by an eu parent credit institution and its subsidiaries or by the subsidiaries of an eu parent financial holding company or an eu parent mixed financial holding company , the competent authorities of the different legal entities shall cooperate closely as provided for in articles 129 to 132 . the application shall include the elements listed in annex x , part 3 . ### when an advanced measurement approach is intended to be used by an eu parent credit institution and its subsidiaries , an eu parent financial holding company and its subsidiaries or an eu parent mixed financial holding company and its subsidiaries , the competent authorities of the different legal entities shall cooperate closely as provided for in articles 129 to 132 . the application shall include the elements listed in annex x , part 3 .


### where an eu parent credit institution and its subsidiaries or the subsidiaries of an eu parent financial holding company or an eu parent mixed financial holding company use an advanced measurement approach on a unified basis , the competent authorities may allow the qualifying criteria set out in annex x , part 3 to be met by the parent and its subsidiaries considered together . ### where an eu parent credit institution and its subsidiaries , an eu parent financial holding company and its subsidiaries or an eu parent mixed financial holding company and its subsidiaries use an advanced measurement approach on a unified basis , the competent authorities may allow the qualifying criteria set out in annex x , part 3 to be met by the parent and its subsidiaries considered together .


### where the parent of a credit institution is a parent financial holding company in a member state or an eu parent financial holding company or an eu parent mixed financial holding company , supervision on a consolidated basis shall be exercised by the competent authorities that authorised that credit institution under article 6 . ### where the parent of a credit institution is a parent financial holding company in a member state , a parent mixed financial holding company in a member state , an eu parent financial holding company or an eu parent mixed financial holding company , supervision on a consolidated basis shall be exercised by the competent authorities that authorised that credit institution under article 6 .


### where credit institutions authorised in two or more member states have as their parent the same parent financial holding company in a member state or the same eu parent financial holding company or the same mixed financial holding company , supervision on a consolidated basis shall be exercised by the competent authorities of the credit institution authorised in the member state in which the financial holding company or mixed financial holding company was set up . where the parents of credit institutions authorised in two or more member states comprise more than one financial holding company with head offices in different member states and there is a credit institution in each of these states , supervision on a consolidated basis shall be exercised by the competent authority of the credit institution with the largest balance sheet total . ### where credit institutions authorised in two or more member states have as their parent the same parent financial holding company in a member state , the same parent mixed financial holding company in a member state , the same eu parent financial holding company or the same eu parent mixed financial holding company , supervision on a consolidated basis shall be exercised by the competent authorities of the credit institution authorised in the member state in which the financial holding company or mixed financial holding company was set up . where the parents of credit institutions authorised in two or more member states comprise more than one financial holding company or mixed financial holding company with head offices in different member states and there is a credit institution in each of these states , supervision on a consolidated basis shall be exercised by the competent authority of the credit institution with the largest balance sheet total .


### member states shall adopt any measures necessary , where appropriate , to include financial holding companies or mixed financial holding companies in consolidated supervision . without prejudice to article 135 , the consolidation of the financial situation of the financial holding company or the mixed financial holding company shall not in any way imply that the competent authorities are required to play a supervisory role in relation to the financial holding company on a stand alone basis . ### member states shall adopt any measures necessary , where appropriate , to include financial holding companies or mixed financial holding companies in consolidated supervision . without prejudice to article 135 , the consolidation of the financial situation of the financial holding company or the mixed financial holding company shall not in any way imply that the competent authorities are required to play a supervisory role in relation to the financial holding company or mixed financial holding company on a stand alone basis .


### member states shall provide that their competent authorities responsible for exercising supervision on a consolidated basis may ask the subsidiaries of a credit institution or a financial holding company or a mixed financial holding company , which are not included within the scope of supervision on a consolidated basis for the information referred to in article 137 . in such a case , the procedures for transmitting and verifying the information laid down in that article shall apply . ### member states shall provide that their competent authorities responsible for exercising supervision on a consolidated basis may ask the subsidiaries of a credit institution , a financial holding company or a mixed financial holding company , which are not included within the scope of supervision on a consolidated basis for the information referred to in article 137 . in such a case , the procedures for transmitting and verifying the information laid down in that article shall apply .


### they shall apply those provisions from [ 1 july 2011 ] . ### they shall apply those provisions from [ 31 october 2011 ] .


### 2 intermediate insurance holding companies ### 2 intermediate insurance holding companies and intermediate mixed financial holding companies


### where other insurance holding companies or non - member country insurance or reinsurance undertakings hold successive participations in the insurance holding company or non - member country insurance or reinsurance undertaking , member states may apply the calculations provided for in this annex only at the level of the ultimate parent undertaking of the insurance undertaking or re - insurance undertaking which is an insurance holding company , a mixed financial holding company , a non - member - country insurance undertaking or a non - member - country re - insurance undertaking . ### where insurance holding companies , mixed financial holding companies or non - member country insurance or reinsurance undertakings hold successive participations in the insurance holding company , mixed financial holding companies or non - member country insurance or reinsurance undertaking , member states may apply the calculations provided for in this annex only at the level of the ultimate parent undertaking of the insurance undertaking or re - insurance undertaking which is an insurance holding company , a mixed financial holding company , a non - member - country insurance undertaking or a non - member - country re - insurance undertaking .


### the competent authorities shall ensure that calculations analogous to those described in annex i are carried out at the level of the insurance holding company , or mixed financial holding company . ### the competent authorities shall ensure that calculations analogous to those described in annex i are carried out at the level of the insurance holding company , mixed financial holding company , non - member country insurance undertaking or non - member country reinsurance undertaking .


### for the sole purpose of this calculation , the parent undertaking shall be treated as if it were an insurance undertaking subject to the following conditions : ### for the sole purpose of this calculation , the parent undertaking shall be treated as if it were an insurance undertaking or reinsurance undertaking subject to the following conditions :


### when an advanced measurement approach is intended to be used by the eu parent credit institution and its subsidiaries , or by the subsidiaries of an eu parent financial holding company or an eu parent mixed financial holding company , the application shall include a description of the methodology used for allocating operational risk capital between the different entities of the group . ### when an advanced measurement approach is intended to be used by the eu parent credit institution and its subsidiaries , the eu parent financial holding company and its subsidiaries or an eu parent mixed financial holding company and its subsidiaries , the application shall include a description of the methodology used for allocating operational risk capital between the different entities of the group .


### therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services . such requests should only be refused on the basis of objective and duly substantiated criteria , which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in article 17 . in order to ensure a level playing field , wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access . a consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between member states . ### therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services . such requests should only be refused on the basis of objective and duly substantiated criteria , which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in article 17 . in order to ensure a level playing field , wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this regulation applicable at the wholesale level and the relevant provisions of the directive 2002 / 19 / ec , which includes rules on non - discrimination and interoperability , and should take into account the different cost elements necessary for the provision of such access . a consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between member states .


### since this regulation provides that the directives making up the 2002 regulatory framework for electronic communications are without prejudice to any specific measure adopted for the regulation of union - wide roaming charges for mobile voice telephony calls , and since providers of union - wide roaming services may be required by this regulation to make changes to their retail roaming tariffs in order to comply with the requirements of this regulation , such changes should not trigger for mobile customers any right under national laws transposing the 2002 regulatory framework for electronic communications to withdraw from their contracts . ### since this regulation provides that the directives making up the 2002 regulatory framework for electronic communications are without prejudice to any specific measure adopted for the regulation of union - wide roaming charges for mobile voice telephony calls , and since providers of union - wide roaming services may be required by this regulation to make changes to their retail roaming tariffs in order to comply with the requirements of this regulation , such changes should not trigger for mobile customers any right under national laws transposing the 2002 regulatory framework for electronic communications to withdraw from their contracts . similarly , the freedom to change roaming service providers is without prejudice to the rights and obligations applicable to national services pursuant to regulatory and contractual obligations


### in order to improve the transparency of retail prices for making and receiving regulated roaming calls within the union and to help roaming customers make decisions on the use of their mobile telephones while abroad , providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited member state . moreover , providers should give their customers , on request and free of charge , additional information on the per - minute or per - unit data charges for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state . since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt - out from this automatic message service . ### in order to improve the transparency of retail prices for the use of roaming services and to help roaming customers make decisions on the use of their mobile telephones while abroad , when travelling both within and outside the union , providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when using roaming services in a visited country . moreover , providers should give their customers , provided that they are located in the union , on request and free of charge , additional information on the per - minute or per - unit data charges for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state . since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt - out from this automatic message service .


### this regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of union - wide roaming services . ### this regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of union - wide roaming services . the same transparency rules as referred to in article 15 shall also apply to home providers , mutatis mutandis , in respect of roaming services used outside the union .


### the charge limits set out in this regulation are expressed in euro . where charges governed by articles 6 , 7 , 8 , 9 , 11 and 12 are denominated in other currencies , the initial limits pursuant to those articles shall be determined in those currencies by applying the reference exchange rates published on 30 may 2012 by the european central bank in the official journal of the european union . ### the charge limits set out in this regulation are expressed in euro . where charges governed by articles 6 , 7 , 8 , 9 , 11 and 12 are denominated in other currencies , the initial limits pursuant to those articles shall be determined in those currencies by applying the reference exchange rates published on 30 may 2012 by the european central bank in the official journal of the european union or by applying the average of the reference exchange rates published by the european central bank in the official journal of the european union in the six months prior to the entry into force of this regulation , depending on which of these initial charge limits after conversion to currencies other than the euro is lower .


### ‘ home provider’ means an undertaking that provides a customer with union - wide roaming services either via its own network or as a mobile virtual network operator or reseller ; ### ‘ home provider’ means an operator that provides a roaming customer with union - wide roaming services either via its own network or as a mobile virtual network operator or reseller , or any other kind of roaming service providers ;


### ‘ regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network . a regulated data roaming service does not include the transmission or receipt of regulated roaming calls or sms messages , but does include the transmission and receipt of mms messages ; ### ‘ regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network . a regulated data roaming service does not include the transmission or receipt of regulated roaming calls or sms messages , the transmission and receipt of mms messages and machine to machine data communication ;


### mobile network operators shall meet all reasonable requests for wholesale roaming access , including those from mobile virtual network operators and resellers . rules on regulated wholesale roaming tariffs laid down in articles 6 , 8 and 11 shall apply for the provision of wholesale roaming access . ### mobile network operators shall meet all reasonable requests for wholesale roaming access , including those from mobile virtual network operators and resellers . the request for wholesale roaming access shall remain proportional and adapted to the party requesting access . rules on regulated wholesale roaming tariffs laid down in articles 6 , 8 and 11 shall apply for the provision of wholesale roaming access . those rules shall be without prejudice to the recovery of other costs linked to the delivery of the wholesale roaming access by the mobile network operator .


### wholesale roaming access shall cover access to all network elements and associated facilities , relevant services , software and information systems , necessary for the provision of roaming services to customers . ### wholesale roaming access shall cover as long as proportionality is guaranteed access to all network elements and associated facilities , relevant services , software and information systems , necessary for the provision of roaming services to customers . additional services which go beyond basic wholesale roaming access , for example the provision of billing or customer care services should be reimbursed .


### any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within five working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months . ### any switch to or from an alternative roaming provider or between alternative roaming providers shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within three working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding two months .


### at the time of making or renewing a contract on mobile communication services , home providers shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and facilitate the conclusion of a contract with an alternative roaming provider . customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility . the providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers . ### at the time of making or renewing a contract on mobile communication services , home providers shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and facilitate the conclusion of a contract with an alternative roaming provider . customers concluding a contract with the home provider for roaming services shall be informed of such possibility . the providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers .


### for the purpose of separate sale of roaming services , operators shall make sure that facilities are in place by 1 july 2014 at the latest , to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number . in order to enable the separate sale of roaming services , operators may in particular allow the use of a ‘ eu roaming profile’ on the same sim card and the use of the same terminal alongside domestic mobile services . pricing for interconnection related to the provision of this facility shall be cost - orientated and there should be no direct charges to consumers for the use of this facility . ### for the purpose of separate sale of roaming services , operators shall make sure that facilities meeting the criteria set out in paragraph 1 are in place by 1 march 2014 at the latest , to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number . pricing for interconnection related to the provision of this facility shall be cost - orientated and there should be no direct charges to consumers for the use of this facility .


### berec , after consulting stakeholders and in close co - operation with the commission , shall lay down within a reasonable period of time not exceeding three months after the adoption of this regulation guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services . upon a reasoned request from the berec , the commission may extend that period . ### berec , after consulting stakeholders and in close co - operation with the commission , shall within six months after the adoption of this regulation lay down guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services . such technical solutions and procedures shall meet the criteria set out in paragraph 1 . upon a reasoned request from the berec , the commission may extend that period once by no more than six months .


### if necessary , the commission could give a mandate to a european standardisation body for the adaptation of the relevant standards that are necessary for the harmonised implementation of the facility . ### if necessary , the commission shall give a mandate to a european standardisation body for the adaptation of the relevant standards that are necessary for the harmonised implementation of the facility .


### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 32 per minute for any call made or eur 0 , 11 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 28 and eur 0 , 24 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 10 on 1 july 2013 . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2016 . ### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 21 per minute for any call made or eur 0 , 09 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 16 and eur 0 , 11 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 07 on 1 july 2013 , and eur 0 , 05 on 1 july 2014 . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain at eur 0 , 05 for the duration of this regulation .


### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 32 per minute for any call made or eur 0 , 11 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 28 and eur 0 , 24 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 10 on 1 july 2013 . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2016 . ### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 30 per minute for any call made or eur 0 , 10 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 25 and eur 0 , 21 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 08 on 1 july 2013 and eur 0 , 07 on 1 july 2014 . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2016 .


### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 32 per minute for any call made or eur 0 , 11 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 28 and eur 0 , 24 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 10 on 1 july 2013 . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2016 . ### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 20 per minute for any call made or eur 0 , 07 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 15 and eur 0 , 10 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 06 on 1 july 2013 and eur 0 , 05 on 1 july 2014 . without prejudice to article 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2017 .


### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 32 per minute for any call made or eur 0 , 11 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 28 and eur 0 , 24 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 10 on 1 july 2013 . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2016 . ### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 32 per minute for any call made or eur 0 , 11 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 28 and eur 0 , 18 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 10 on 1 july 2013 and eur 0 , 08 on 1 july 2014 . without prejudice to article 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2017 .


### with effect from 1 july 2012 , the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur 0 , 03 per sms message . the maximum average wholesale charge for the provision of a regulated roaming sms message shall decrease to eur 0 , 02 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 02 for the duration of this regulation . ### with effect from 1 july 2012 , the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur 0 , 03 per sms message , and shall decrease to eur 0 , 02 on 1&#160 ; july 2013 and to eur 0 , 01 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 01 for the duration of this regulation .


### with effect from 1&#160 ; july 2012 , the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur 0 , 03 per sms message . the maximum average wholesale charge for the provision of a regulated roaming sms message shall decrease to eur 0 , 02 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 02 for the duration of this regulation . ### with effect from 1&#160 ; july 2012 , the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur 0 , 03 per sms message and shall decrease to eur 0 , 02 on 1 july 2013 and to eur 0 , 01 on 1 july 2014 . without prejudice to article 19 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 01 for the duration of this regulation .


### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 10 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 10 until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer shall reduce to eur 0 , 09 on 1 july 2012 , to 0 , 07 on 1 july 2013 and to 0 , 05 on 1 july 2014 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 05 for the duration of this regulation .


### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 10 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 10 until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer shall decrease to eur 0 , 09 on 1 july 2012 , 0 , 07 on 1 july 2013 and 0 , 06 on 1 july 2014 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 06 until 30 june 2016 .


### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 10 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 10 until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 07 per sms message . the regulated maximum retail charge for an sms message shall decrease to eur 0 , 06 and eur 0 , 05 on 1 july 2013 and 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 05 until 30 june 2016 .


### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 10 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 10 until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall decrease to eur 0 , 10 on 1 july 2012 , to 0 , 08 on 1 july 2013 and to 0 , 06 on july 2014 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 06 until 30 june 2018 .


### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 10 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 10 until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer shall be reduced to eur 0 , 07 on 1 july 2012 , eur 0 , 06 on 1 july 2013 and eur 0 , 05 on 1 july 2014 . without prejudice to article 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 05 until 30 june 2017 .


### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 10 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 10 until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer shall decrease to eur 0 , 09 on 1 july 2013 and 0 , 06 on 1 july 2014 . without prejudice to article 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 06 until 30 june 2017 .


### with effect from 1&#160 ; july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur&#160 ; 0 , 30 , eur&#160 ; 0 , 20 as of 1&#160 ; july 2013 and eur&#160 ; 0 , 10 as of 1&#160 ; july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur&#160 ; 0 , 10 per megabyte of data transmitted for the duration of this regulation . ### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur&#160 ; 0 , 22 , eur&#160 ; 0 , 15 as of 1&#160 ; july 2013 and eur&#160 ; 0 , 10 as of 1&#160 ; july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur&#160 ; 0 , 10 per megabyte of data transmitted for the duration of this regulation .


### no later than 30 june 2012 , home providers shall inform all their roaming customers individually about the euro - data tariff , that it will apply from 1 july 2012 at the latest to all roaming customers who have not made a deliberate choice of a special tariff or package applicable to regulated data services , and about their right to switch to and from it in accordance with paragraph 5 . ### no later than 30 june 2012 , home providers shall inform in a clear and understandable way all their roaming customers individually about the euro - data tariff , that it will apply from 1 july 2012 at the latest to all roaming customers who have not made a deliberate choice of a special tariff or package applicable to regulated data services , and about their right to switch to and from it in accordance with paragraph 5 .


### if , after 30 june 2018 , the average wholesale charge for one of the roaming services for unbalanced traffic between operators that do not belong to the same group falls to 75% or less of the maximum wholesale charges provided for in articles 6 , 8 and 11 , the maximum wholesale charges for the roaming service concerned shall no longer apply . the commission shall regularly verify , on the basis of the market data collected by berec , whether this condition is met and , if so , it shall publish without delay in the c series of the official journal of the european union the data proving that the maximum wholesale charges no longer apply for the service concerned . ### if , after 30 june 2018 , the average wholesale charge for one of the roaming services for unbalanced traffic between operators that do not belong to the same group falls to 50% or less of the maximum wholesale charges provided for in articles 6 , 8 and 11 , the maximum wholesale charges for the roaming service concerned shall no longer apply . the commission shall regularly verify , on the basis of the market data collected by berec , whether this condition is met and , if so , it shall publish without delay in the c series of the official journal of the european union the data proving that the maximum wholesale charges no longer apply for the service concerned .


### if , following the implementation of the separate sale of roaming services referred to in article 5 and before 1 july 2016 , the average retail charge at the union level falls to 75% or less of the maximum retail charges provided for in articles 7 , 9 and 12 , the maximum retail charges for that roaming services shall no longer apply . the commission shall regularly verify , on the basis of the market data collected by berec , whether this condition is met and , if so , it shall publish without delay in the c series of the official journal of the european union the data proving that the maximum retail charges no longer apply for the service concerned . ### if , following the implementation of the separate sale of roaming services referred to in article 5 , the average retail charge at the union level falls to 50% or less of the maximum retail charges provided for in articles 7 , 9 and 12 , the maximum retail charges for that roaming services shall no longer apply . the commission shall regularly verify , on the basis of the market data collected by berec , whether this condition is met and , if so , it shall publish without delay in the c series of the official journal of the european union the data proving that the maximum retail charges no longer apply for the service concerned .


### in addition to paragraph 1 , customers shall have the right to request and receive , free of charge , and irrespective of their location within the union , more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls , sms , mms and other data communication services , and information on the transparency measures applicable by virtue of this regulation , by means of a mobile voice call or by sms . such a request shall be to a free - of - charge number designated for this purpose by the home provider . obligations provided for in paragraph 1 shall not apply to machine to machine type of devices that use mobile communication . ### in addition to paragraph 1 , customers shall have the right to request and receive , free of charge , and irrespective of their location within the union , more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls , sms , mms and other data communication services , and information on the transparency measures applicable by virtue of this regulation , by means of a mobile voice call or by sms . such a request shall be to a free - of - charge number designated for this purpose by the home provider . obligations provided for in paragraph 1 shall not apply to machine to machine type of devices or other devices which do not support sms functionality .


### each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for regulated data roaming services and which guarantees that , without the customer ' s explicit consent , the accumulated expenditure for regulated data roaming services over a specified period of use does not exceed a specified financial limit . ### each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for retail data roaming services provided both inside and outside the union and which guarantees that , without the customer ' s explicit consent , the accumulated expenditure for such retail data roaming services over a specified period of use does not exceed a specified financial limit .


### it shall expire on 30 june 1 2022 . ### it shall expire on 30 june 2022 .


### in order to increase legal certainty for air carriers and passengers , a more precise definition of the concept of ‘ extraordinary circumstances’ is needed , which takes into account the judgement of the european court of justice in the case c - 549 / 07 . such a definition should be further clarified via a non - exhaustive list of circumstances that are clearly identified as extraordinary or not . ### in order to increase legal certainty for air carriers and passengers , a more precise definition of the concept of ‘ extraordinary circumstances’ is needed , which takes into account the judgement of the european court of justice in the case c - 549 / 07 . such a definition should be further clarified via a non - exhaustive list of circumstances that are clearly identified as extraordinary or not . the commission should adopt a non - exhaustive list of extraordinary circumstances by delegated act , taking into account the work of the national enforcement bodies .


### at present , passengers are sometimes penalised for spelling errors in their names by the application of punitive administrative fees . reasonable corrections of booking errors should be provided free of charge provided they do not imply a change of times , date , itinerary or passenger . ### at present , passengers are sometimes penalised for spelling errors in their names by the application of punitive administrative fees . corrections of formal booking errors such as misspelt names should be provided free of charge provided they do not imply a change of times , date , itinerary or passenger .


### it should be clarified that in cases of cancellation the choice between receiving reimbursement , continuation of travel by rerouting or travel at a later date is the decision of the passenger and not that of the air carrier . ### it should be clarified that in cases of cancellation the choice between receiving reimbursement , continuation of travel by re - routing or travel later on the same day or at a later date is the decision of the passenger and not that of the air carrier .


### airports and airport users such as air carriers and ground handling companies should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and rerouting . to this end , they should prepare contingency plans for such occurrences and work together in the development of such plans . ### the airport managing body and airport users such as air carriers , ground handling companies and navigation service providers should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and re - routing . to this end they should prepare contingency plans for such occurrences and work together with national , regional or local authorities in the development of such plans . existing contingency plans should if necessary be adapted accordingly .


### to ensure legal certainty , regulation no 261 / 2004 should explicitly confirm that the changing of flight schedules has a similar impact on passengers to long delays and should therefore give rise to similar rights . ### to ensure legal certainty , regulation no 261 / 2004 should explicitly confirm that the changing of flight schedules has a similar impact on passengers to long delays and cancellations and should therefore give rise to similar rights .


### to ensure legal certainty , regulation 2004 / 261 should explicitly confirm that the changing of flight schedules has a similar impact on passengers to long delays and should therefore give rise to similar rights . ### to ensure legal certainty , regulation no 261 / 2004 should explicitly confirm that the changing of flight schedules has a similar impact on passengers to long delays or denied boarding and should therefore give rise to similar rights .


### passengers missing a connecting flight should be properly cared for while waiting for rerouting . in line with the principle of equal treatment , such passengers should be able to claim compensation on a similar basis to passengers whose flights are delayed or cancelled in light of the delay upon reaching the final destination of their journey . ### passengers missing a connecting flight due to a change of schedule or delay should be properly cared for while waiting for re - routing . in line with the principle of equal treatment , such passengers should be able to claim compensation on a similar basis to passengers whose flights are delayed or cancelled in light of the delay upon reaching the final destination of their journey .


### air carriers currently face unlimited liability for the accommodation of their passengers in the case of extraordinary circumstances of long duration . this uncertainty linked with the absence of any foreseeable limit in time may risk endangering a carrier’s financial stability . an air carrier should therefore be able to limit the provision of care after a certain duration of time . moreover , contingency planning and speedy rerouting should lessen the risk of passengers being stranded for long periods . ### air carriers currently face unlimited liability for the accommodation of their passengers in the case of extraordinary circumstances of long duration . an air carrier should , however , be able to limit the provision of care as regards the costs of accommodation and , in cases where passengers arrange the accommodation themselves , as regards costs and care after a certain duration of time . moreover , contingency planning and speedy re - routing should lessen the risk of passengers being stranded for long periods .


### for disabled persons , persons with reduced mobility and other persons with special needs such as unaccompanied children , pregnant women and persons in need of specific medical attention , it may be more difficult to arrange accommodation when flight disruptions occur . therefore , any limitations on the right for accommodation in cases of extraordinary circumstances or for regional operations should not apply to these categories of passenger . ### for disabled persons , persons with reduced mobility and other persons with special needs such as unaccompanied children , pregnant women and persons in need of specific medical attention , it may be more difficult to arrange accommodation when flight disruptions occur . therefore , any limitations on the right for accommodation in cases of extraordinary circumstances should on no account apply to these categories of passenger .


### for disabled persons , persons with reduced mobility and other persons with special needs such as unaccompanied children , pregnant women and persons in need of specific medical attention , it may be more difficult to arrange accommodation when flight disruptions occur . therefore , any limitations on the right for accommodation in cases of extraordinary circumstances or for regional operations should not apply to these categories of passenger . ### for persons with disabilities , persons with reduced mobility and other persons with special needs such as unaccompanied children , pregnant women and persons with specific health needs , it may be more difficult to arrange accommodation unaided when flight disruptions occur . therefore , any limitations on the right for accommodation in cases of extraordinary circumstances or for regional operations should not apply to these passengers .


### passengers should not only be correctly informed about their rights in cases of flight disruption , but they should also be adequately informed about the cause of the disruption itself , as soon as the information becomes available . this information should also be provided where the passenger has acquired the ticket through an intermediary established in the union . ### passengers should not only be correctly informed about their rights in cases of a delayed flight , flight cancellation , flight disruption or change of schedule , but they should also be adequately informed about the reasons for it , as soon as the information becomes available . they should have a legal entitlement to this , enforceable by means of penalties . this entitlement should also exist where the passenger has acquired the ticket through an intermediary established in the union .


### passengers should not only be correctly informed about their rights in cases of flight disruption , but they should also be adequately informed about the cause of the disruption itself , as soon as the information becomes available . this information should also be provided where the passenger has acquired the ticket through an intermediary established in the union . ### passengers should not only be correctly informed about their rights in cases of flight disruption , but they should also be adequately informed about the cause of the disruption itself , as soon as the information becomes available . this information should also be provided where the passenger has acquired the ticket through an intermediary established in the union . passengers should also be informed as to the simplest and most rapid procedures for making claims and complaints , enabling them to exercise their rights .


### passengers should be adequately informed about the relevant procedures for submitting claims and complaints to air carriers and should receive a reply within a reasonable time period . passengers should also have the option to complain about air carriers via out - of - court measures . however , since the right to an effective remedy before a tribunal is a fundamental right recognised in article 47 of the charter of fundamental rights of the european union , those measures should neither prevent nor hinder passengers ' access to courts . ### passengers should be adequately informed about the relevant procedures for submitting claims and complaints to air carriers and should have their attention drawn to the time limits applicable in this connection , particularly those laid down in article 16a . they should receive a reply within two months of the lodging of the claim or complaint . passengers should also have the option to complain about air carriers via out - of - court measures . since the right to an effective remedy before a tribunal is a fundamental right recognised in article 47 of the charter of fundamental rights of the european union , those measures should neither prevent nor hinder passengers ' access to courts . in order to process claims easily , quickly and cheaply in both judicial and extrajudicial procedures , reference should be made , in particular , to the online and alternative dispute resolution procedures and to the european small claims procedure .


### in case c - 139 / 11 , the european court of justice clarified that the time - limits for bringing actions for compensation are determined in accordance with the national rules of each member state . ### in case c - 139 / 11 moré v klm , the court of justice clarified that the time - limits for bringing actions for compensation are determined in accordance with the national rules of each member state . as regards out - of - court settlements , time - limits are determined in accordance with directive 2013 / 11 / eu 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 1 . _________________________ 1 oj l 165 , 18 . 6 . 2013 , p . 65 .


### ' «organiser» means a person within the meaning of article 2 of council directive 90 / 314 / eec of 13 june 1990 on package travel , package holidays and package tours ; ### ' «organiser» means the person who , other than occasionally , organizes packages and sells or offers them for sale , whether directly or through a retailer ;


### ' «person with reduced mobility» means any person as defined in article 2 of regulation no 1107 / 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air . ' ### ' disabled person ' or ' person with reduced mobility ' means any person whose mobility when using transport is reduced due to any physical disability , intellectual disability or impairment , or any other cause of disability , or age , and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers . '


### “airport managing body” means a body which , in conjunction with other activities or not as the case may be , has as its objective under national laws , regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned ; ### “airport managing body” means a body which , in conjunction with other activities or not as the case may be , has as its objective under national laws , regulations or contracts the administration and management of the airport or airport network infrastructure and the coordination of the activities of the different operators present in the airports or airport network concerned ;


### ' ticket price ' means the full price paid for a ticket and including the air fare , and all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket ; ### ' ticket price ' means the full price paid for a ticket and including the air fare , all applicable taxes , charges , surcharges and fees , included management fees charged by the air carriers , paid for all optional and non - optional services included in the ticket related to the air transport part of the journey .


### « ticket price” means the full price paid for a ticket and including the air fare , and all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket ; ### ‘ ticket price’ means the full price paid for a ticket , including the air fare and all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket . the ticket price always includes costs for the check - in , the provision of the tickets and the issuing of the boarding card , the carrying of a minimum luggage allowance and essential items , as well as all costs related to payment , such as credit card costs ;


### “flight price” means the value obtained by multiplying the ticket price by the ratio between the distance of the flight and the total distance of the journey covered by the ticket ; ### ‘ flight price’ means the value obtained by multiplying the ticket price by the ratio between the distance of the flight and the total distance of the journey covered by the ticket ; where a ticket price is not known , the value of any refund shall be the supplement paid for a premium seat on the flight ;


### long delay ### delay


### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of five hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac . ### subject to safety constraints , where a tarmac delay occurs , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of two hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac , or unless take - off is imminent , meaning it is likely to take place within half an hour .


### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of five hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac . ### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of two hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac . after a total delay of more than 3 hours from the initial departing time , passengers benefit from the same assistance as specified in paragraph 1 , including the option of reimbursement , return flight and rerouting , as specified in article 8 and they shall be informed accordingly .


### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of five hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac . ' ### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities , drinking water and food , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of two hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac . '


### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of five hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac . ' ### subject to safety constraints , where there is a tarmac delay , including for less than one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of two hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac .


### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of five hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety related or security - related reasons why the aircraft cannot leave its position on the tarmac . ### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of two hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac .


### have a confirmed reservation on the flight concerned and , except in the case of cancellation referred to in article 5 and in the case of change of schedule referred to in article 6 , present themselves for boarding , ### have a confirmed reservation on the flight concerned and , except in the case of cancellation referred to in article 5 and in the case of change of schedule referred to in article 6 or in the case of a connecting flight as referred to in article 6a , present themselves for boarding ,


### ' 6 . this regulation shall also apply to passengers transported according to package travel contracts but shall not affect the rights of passengers under council directive 90 / 314 / eec . the passenger shall be entitled to present claims under this regulation and under council directive 90 / 314 / eec , but may not in relation to the same facts cumulate rights under both legal acts if the rights safeguard the same interest or have the same objective . this regulation shall not apply in cases where a package tour is cancelled or delayed for reasons other than cancellation or delay of the flight . ' ### ' 6 . this regulation shall also apply to passengers transported according to package travel contracts but shall not affect the rights of passengers under council directive 90 / 314 / eec . the passenger shall be entitled to present claims under this regulation and under council directive 90 / 314 / eec separately or simultaneously , but may not in relation to the same facts cumulate rights under both legal acts if the rights safeguard the same interest or have the same objective . this regulation shall not apply in cases where a package tour is cancelled or delayed for reasons other than cancellation or delay of the flight . ’


### ‘ 6 . this regulation shall also apply to passengers transported according to package travel contracts but shall not affect the rights of passengers under council directive 90 / 314 / eec . the passenger shall be entitled to present claims under this regulation and under council directive 90 / 314 / eec , but may not in relation to the same facts cumulate rights under both legal acts if the rights safeguard the same interest or have the same objective . this regulation shall not apply in cases where a package tour is cancelled or delayed for reasons other than cancellation or delay of the flight . ’ ### ‘ 6 . this regulation shall also apply to air passengers transported according to package travel contracts but shall not affect the rights of passengers under council directive 90 / 314 / eec . the passenger shall be entitled to present claims under this regulation to the air carrier and under council directive 90 / 314 / eec to the organiser , but may not in relation to the same facts cumulate rights under both legal acts if the rights safeguard the same interest or have the same objective . this regulation shall not apply in cases where a package tour is cancelled or delayed for reasons other than cancellation or delay of the flight . ’


### when an operating air carrier reasonably expects to deny boarding on a flight , it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier . volunteers shall be assisted in accordance with article 8 , such assistance being additional to the benefits mentioned in this paragraph . ' ### article 4 is replaced by the following : when an operating air carrier reasonably expects to deny boarding on a flight , it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier . volunteers shall be informed about their rights according to article 14 . 2 , assisted in accordance with article 8 and where the agreed departure time is at least two hours after the initial departure time , the operating carrier shall offer the passenger care in accordance with article 9 , such assistance and care being additional to the benefits mentioned in this paragraph . '


### ' 3 . if boarding is denied to passengers against their will , the operating air carrier shall immediately compensate them in accordance with article 7 and assist them in accordance with article 8 . where the passenger opts for rerouting at the earliest opportunity pursuant to article 8 and where the departure time is at least two hours after the initial departure time , the operating carrier shall assist the passenger in accordance with article 9 . ' ### ' 3 . if boarding is denied to passengers against their will on the outward or homeward flight , the operating air carrier shall compensate them as soon as possible in accordance with article 7 and assist them in accordance with article 8 . where the passengers opt for rerouting at the earliest opportunity pursuant to article 8 , the operating carrier shall assist the passenger in accordance with article 9 . '


### if boarding is denied to passengers against their will , the operating air carrier shall immediately compensate them in accordance with article 7 and assist them in accordance with article 8 . where the passenger opts for rerouting at the earliest opportunity pursuant to article 8 and where the departure time is at least two hours after the initial departure time , the operating carrier shall assist the passenger in accordance with article 9 . ### if boarding is denied to passengers against their will , the operating air carrier shall immediately and without any further formality compensate them in accordance with article 7 and assist them in accordance with article 8 . where the passenger opts for rerouting at the earliest opportunity pursuant to article 8 and where the departure time is at least two hours after the initial departure time , the operating carrier shall assist the passenger in accordance with article 9 .


### ‘ 4 . paragraphs 1 , 2 and 3 shall also apply to return tickets where the passenger is denied boarding at the return journey on the grounds that he / she did not take the outward journey or did not pay an additional charge for this purpose . ### ‘ 4 . passengers shall not be denied boarding at the return journey on the grounds that he / she did not take the outward journey of a return ticket or did not pay an additional charge for this purpose . if boarding is denied to passengers against their will on such grounds , paragraphs 1 and 2 shall apply . in addition , the operating air carrier shall immediately compensate the passengers concerned in accordance with article 7 and shall assist them in accordance with articles 8 and 9 .


### where the passenger , or an intermediary acting on behalf of the passenger , reports a spelling mistake in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct this at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law . ### where the passenger , or an intermediary acting on behalf of the passenger , reports a spelling mistake in the name , or an error in the title , of one or several passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct this at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law . '


### ‘ be offered by the operating air carrier the choice between reimbursement , continuation of their travel by rerouting or travel at a later date , in accordance with article 8 ; and ### ‘ be offered by the operating air carrier the choice between reimbursement , continuation of their travel by re - routing or travel later on the same day or at a later date , in accordance with article 8 ; and


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided despite taking all reasonable measures . such extraordinary circumstances in the case of a technical failure of the aircraft intended to operate a given flight can only be invoked when those circumstances occurred just prior to or on the flight in question , or on the flight immediately prior to that flight , in so far as they affect the flight in question .


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked in so far they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that two conditions are fulfilled : – that the cancellation of schedule is caused by extraordinary circumstances , and – that the cancellation or change of schedule could not have been avoided even if all reasonable measures had been correctly taken . such extraordinary circumstances can only be invoked in so far they affect the flight concerned or the previous flight operated by the same aircraft . '


### ‘ 3 . an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked in so far they affect the flight concerned or the previous flight operated by the same aircraft . ‘ ### ‘ 3 . an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that two conditions are fulfilled : – that the cancellation is caused by extraordinary circumstances , and – that the cancellation could not have been avoided even if all measures had been correctly taken . where technical defaults arise from such extraordinary circumstances , they can only be invoked in so far they affect the flight concerned or the previous flight operated by the same aircraft . ’


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 , if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that two conditions are fulfilled : – the delay or change of schedule is caused by extraordinary circumstances , and – that the delay or change of schedule could not have been avoided even if all measures had been correctly taken . where technical defaults are invoked , such extraordinary circumstances can only be invoked in so far as they affect the flight concerned or the previous flight operated by the same aircraft .


### ' 5 . at airports whose annual traffic has been not less than three million passengers for at least three consecutive years , the airport managing body shall ensure that the operations of the airport and of airport users , in particular the air carriers and the suppliers of ground handling services , are coordinated through a proper contingency plan in view of possible situations of multiple cancellations and / or delays of flights leading to a considerable number of passengers stranded at the airport , including in cases of airline insolvency or revocation of the operating licence . the contingency plan shall be set up to ensure adequate information and assistance to the stranded passengers . the managing body of the airport shall communicate the contingency plan and any amendments to it to the national enforcement body designated pursuant to article 16 . at airports below the above - mentioned threshold , the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations . ### ' 5 . at union airports whose annual traffic has been not less than three million passengers for at least three consecutive years , the airport managing body shall ensure that the operations of the airport and of airport users , in particular the air carriers and the suppliers of ground handling services , are coordinated through a proper contingency plan in view of possible situations of multiple cancellations and / or delays of flights leading to a considerable number of passengers stranded at the airport , including in cases of airline insolvency or revocation of the operating licence . the contingency plan shall be set up to ensure adequate information and assistance to the stranded passengers . the managing body of the airport shall communicate the contingency plan and any amendments to it to the national enforcement body designated pursuant to article 16 . at airports below the above - mentioned threshold , the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations .


### at airports whose annual traffic has been not less than three million passengers for at least three consecutive years , the airport managing body shall ensure that the operations of the airport and of airport users , in particular the air carriers and the suppliers of ground handling services , are coordinated through a proper contingency plan in view of possible situations of multiple cancellations and / or delays of flights leading to a considerable number of passengers stranded at the airport , including in cases of airline insolvency or revocation of the operating licence . the contingency plan shall be set up to ensure adequate information and assistance to the stranded passengers . the managing body of the airport shall communicate the contingency plan and any amendments to it to the national enforcement body designated pursuant to article 16 . at airports below the above - mentioned threshold , the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations . ### at airports whose annual traffic has been not less than three million passengers for at least three consecutive years , the airport managing body shall ensure that the operations of the airport and of airport users , in particular the air carriers and the suppliers of ground handling services , are coordinated through a proper contingency plan in view of possible situations of multiple cancellations and / or delays of flights leading to a considerable number of passengers stranded at the airport , including in cases of airline insolvency or revocation of the operating licence . the airport managing body shall be empowered to adopt measures to enforce co - operation of air carriers and the suppliers of groundhandling services in the preparation of this contingency plan . the contingency plan shall be set up to ensure adequate information and assistance to the stranded passengers . the managing body of the airport shall communicate the contingency plan and any amendments to it to the national enforcement body designated pursuant to article 16 . member states shall ensure that the national enforcement body will have both the capability and resources to engage effectively on this topic . at airports below the above - mentioned threshold , the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations .


### ‘ 5 . at airports whose annual traffic has been not less than three million passengers for at least three consecutive years , the airport managing body shall ensure that the operations of the airport and of airport users , in particular the air carriers and the suppliers of ground handling services , are coordinated through a proper contingency plan in view of possible situations of multiple cancellations and / or delays of flights leading to a considerable number of passengers stranded at the airport , including in cases of airline insolvency or revocation of the operating licence . the contingency plan shall be set up to ensure adequate information and assistance to the stranded passengers . the managing body of the airport shall communicate the contingency plan and any amendments to it to the national enforcement body designated pursuant to article 16 . at airports below the above - mentioned threshold , the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations . ### ‘ 5 . at airports whose annual traffic has been not less than one and a half million passengers for at least three consecutive years , the airport managing body , in cooperation with the airport users , in particular the air carriers , the suppliers of ground handling services , the air navigation service providers and the airport retail outlets , shall set up a proper contingency plan that shall ensure adequate coordination of the airport and the airport users in view of possible situations of multiple cancellations and / or delays of flights leading to a considerable number of passengers being stranded at the airport , including in cases of airline insolvency or revocation of the operating licence . the setting - up of contingency plans shall also include the participation of the relevant national , regional or local authorities and organisations when appropriate . the managing body of the airport shall communicate the contingency plan and any amendments to it to the national enforcement body designated pursuant to article 16 . at airports below the above - mentioned threshold , the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations .