### this paragraph shall not apply to wine as defined in council regulation no 1493 / 1999 , beer , and spirits as defined in article 2 of regulation no . [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 89 . the commission shall produce a report after [ five years of the entry into force of this regulation ] concerning the application of this paragraph on these products and may accompany this report by specific measures determining the rules for a mandatory nutrition declaration for these products . those measures designed to amend non - essential elements of this regulation , by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 49 . ### this paragraph shall not apply to wine and wine products as defined in article 1 of council regulation no 479 / 2008 and article 2 of council regulation no 1601 / 91 , similar products obtained from other than grapes , cider , perry , beer , and spirits as defined in article 2 of regulation no . [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 89 and other alcoholic beverages . the commission shall produce a report by [ five years after the entry into force of this regulation ] concerning the application of article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients . those measures designed to amend non - essential elements of this regulation , by supplementing it shall be adopted , where necessary , in accordance with the following procedure : as regards the products referred to in council regulation no 479 / 2008 of 29 april 2008 on the common organisation of the market in wine , under the procedure laid down in article 113 of that regulation ; as regards the products referred ton in article 2 of council regulation no 1601 / 91 of 10 june 1991 laying down general rules on the definition , description and presentation of aromatized wines , aromatized wine - based drinks and aromatized wine - product cocktails , under the procedure laid down in article 13 of that regulation ; as regards the products referred to in council regulation no 110 / 2008 of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks , under the procedure laid down in article 25 of that regulation ; as regards other products , under the procedure referred to in article 290 of the treaty on the functioning of the european union . without prejudice to the specificities identified through the above - mentioned procedures for products referred to in points , and , the measures shall apply consistently and become applicable at the same time for all the products listed .


### this paragraph shall not apply to wine as defined in council regulation no 1493 / 1999 , beer , and spirits as defined in article 2 of regulation no . [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 89 . the commission shall produce a report after [ five years of the entry into force of this regulation ] concerning the application of this paragraph on these products and may accompany this report by specific measures determining the rules for a mandatory nutrition declaration for these products . those measures designed to amend non - essential elements of this regulation by supplementing it , shall be adopted , in accordance with the regulatory procedure with scrutiny referred to in article 49 . ### this paragraph shall not apply to wine as defined in article 1 of regulation no 479 / 2008 and article 2 of regulation no 1601 / 1991 of 10 june 1991 , similar products obtained from fruit other than grapes , cider , perry , beer and spirits as defined in article 2 of regulation no 110 / 2008 , and other alcoholic beverages . the commission shall produce a report [ five years from the entry into force of this regulation ] concerning the application of article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients . those measures , designed to amend non - essential elements of this regulation by supplementing it , shall be adopted , where appropriate , in accordance with the following procedures : for the products referred to in article 1 of regulation no 479 / 2008 , in accordance with the procedure laid down in article 113 of that regulation ; for the products referred to in article 2 of regulation no 1601 / 91 , in accordance with the procedure laid down in article 13 of that regulation ; for the products referred to in regulation no 110 / 2008 , in accordance with the procedure laid down in article 25 of that regulation ; for other products , in accordance with the procedure laid down in article 290 of the feu treaty . without prejudice to the specific characteristics established by way of the procedures for the products referred to in points i ) , ii ) and iii ) , the measures referred to in paragraph 1 must be applied consistently and simultaneously for all the products described .


### such additional forms of expression referred to in paragraph 1 shall be identified under a national scheme referred to in article 44 . ### the commission must , in accordance with the procedure referred to in article 290 tfeu , lay down rules governing the use of these additional forms of expression . the criteria must be based on scientific knowledge of diet and nutrition and how these are linked to health . in order to establish the criteria , the commission must ask the authority to provide a suitable scientific study within 12 months .


### the particulars referred to article&#160 ; 31 related to the mandatory nutrition declaration shall be included in the principal field of vision . they shall be presented , where appropriate , together in a clear format in the following order : energy , fat , saturates , carbohydrates with specific reference to sugars , and salt . ### the particulars referred to article&#160 ; 31 related to the mandatory nutrition declaration shall be included in the same field of vision . they shall be presented , where appropriate , together in a clear format in the following order : energy , proteins , carbohydrates with specific reference to sugars , fat , saturates , fibre and sodium .


### graphical forms or symbols for the presentation of the nutrition declaration may be used under a national scheme referred to in article 44 provided the following essential requirements are met : ### graphical forms or symbols for the presentation of the nutrition declaration may be used provided the following essential requirements are met :


### where food information covered by this regulation is provided on a voluntary basis , such information shall comply with the relevant specific requirements laid down in this regulation . ### where food information covered by this regulation is provided on a voluntary basis , such information shall be clearly legible .


### articles 29 to 34 shall apply from [ the first day of the month 3 years after the entry into force ] except in the case of foods labelled by food business operators with , on the date of entry into force , less than 10 employees and whose annual turnover and / or annual balance sheet total does not exceed eur 2 million where they shall apply [ the first day of the month 5 years after the entry into force ] . ### articles 29 to 34 shall apply from [ the first day of the month 3 years after the entry into force ] except in the case of foods labelled by food business operators with , on the date of entry into force , less than 50 employees and whose annual turnover and / or annual balance sheet total does not exceed eur 10 million where they shall apply [ the first day of the month 5 years after the entry into force ] . foods placed on the market or labelled prior to [ date of entry into force ] which do not comply with this regulation may continue to be sold until their date of minimum durability or use - by date .


### ‘ trans fat’ means fatty acids with at least one non - conjugated carbon - carbon double bond in the trans configuration ; ### ‘ trans fat’ means fatty acids with at least one non - conjugated carbon - carbon double bond in the trans configuration , with the exception of naturally derived trans fats produced by ruminants ;


### ' trans fat ' means fatty acids with at least one non - conjugated carbon - carbon double bond in the trans configuration ; ### ' trans fat ' means fatty acids with at least one non - conjugated carbon - carbon double bond in the trans configuration , with the exception of trans fat of natural origin ;


### – a herb , a spice or mixtures thereof ; ### – a herb , a flavouring , a spice or mixtures thereof ;


### as a rule , 15 % of the recommended allowance specified in point 1 supplied by 100 g or 100 ml or per package if the package contains only a single portion should be taken into consideration in deciding what constitutes a significant amount . ### as a rule , - 15 % of the recommended daily allowance per 100 g for solids or per package if the package contains only a single portion , or - 7 , 5% of rda per 100 ml for liquids , or - 5% of rda per 100 kcal , or - an amount provided for under derogations granted in accordance with article 6 of regulation no 1925 / 2006 of the european parliament and of the council of 20 december 2006 on the addition of vitamins and minerals and of certain other substances to foods should be taken into consideration in deciding what constitutes a significant amount .


### in order to effectively survey trade repositories , esma should have the right to conduct investigations and on - site - inspections . ### in order to effectively survey trade repositories , ccps and their members , esma should have the right to conduct investigations and on - site - inspections .


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


### that clearing obligation shall also apply to financial counterparties and to the non - financial counterparties referred to in article 7 which enter into eligible otc derivative contracts with third country entities . ### that clearing obligation shall also apply to counterparties referred to in the first subparagraph which enter into eligible otc derivative contracts with third - country clearing counterparties .


### esma , after receiving the notification and request referred to in paragraph 1 , shall , within six months , address a decision to the requesting competent authority stating the following : ### after receiving the notification referred to in paragraph 1 and 1a , esma shall , within six months , develop and submit to the commission draft implementing technical standards determining the following :


### for the purposes of point , the value of outstanding contracts shall be marked - to - market on a daily basis and risk management procedures shall require the timely , accurate and appropriately segregated exchange of collateral or the appropriate and proportionate holding of capital . ### for the purposes of point , the value of outstanding contracts shall be marked - to - market on a regular basis and risk management procedures shall require the timely , accurate and appropriately segregated exchange of collateral or capital backing commensurate with the risk .


### member states shall lay down the rules on penalties applicable to infringements of the rules under this title and shall take all measures necessary to ensure that they are implemented . those penalties shall include at least administrative fines . the penalties provided for must be effective , proportionate and dissuasive . ### member states &#8211 ; after consulting the esa &#8211 ; shall lay down the rules on penalties applicable to infringements of the rules under this title and shall take all measures necessary to ensure that they are implemented . those penalties shall include at least administrative fines . the penalties provided for must be effective , proportionate and dissuasive .


### member states shall ensure that the competent authorities responsible for the supervision of financial , and where , appropriate , non - financial counterparties disclose every penalty that has been imposed for infringements of articles 3 to 8 to the public , unless such disclosure would seriously jeopardise the financial markets or cause disproportionate damage to the parties involved . ### member states shall ensure that the competent authorities responsible for the supervision of financial , and where , appropriate , non - financial counterparties disclose every penalty that has been imposed for infringements of articles 3 to 8 to the public .


### in order to ensure that targets reflect the particularities of small and niche manufacturers and are consistent with the manufacturer ' s reduction potential , alternative emission reduction targets should be set for such manufacturers taking into account the technological potential of a given manufacturer ' s vehicles to reduce their specific emissions of co2 and consistently with the characteristics of the market segments concerned . this derogation should be covered by the review of the specific emission targets in annex i , to be completed by the beginning of 2013 at the latest . ### in order to ensure that targets reflect the particularities of small and niche manufacturers and are consistent with the manufacturer’s reduction potential , alternative emission reduction targets should be set for such manufacturers taking into account the technological potential of a given manufacturer’s vehicles to reduce their specific emissions of co2 and the average level of co2 emissions from the light commercial vehicles of all manufacturers and consistently with the characteristics of the market segments concerned . this derogation should be covered by the review of the specific emission targets in annex i , to be completed by the beginning of 2013 at the latest .


### a previous registration outside the community less than three months before registration in the community shall not be taken into account . ### a previous registration outside the community made less than three months before registration in the community shall not be taken into account .


### ‘ specific emissions target’ means , in relation to a manufacturer , the average of the indicative specific emissions of co2 determined in accordance with annex i in respect of each new light commercial vehicle for which it is the manufacturer . ### ‘ specific emissions target’ means , in relation to a manufacturer , the average of the indicative specific emissions of co2 determined in accordance with annex i in respect of each new light commercial vehicle for which it is the manufacturer , or – if the manufacturer is granted a derogation in accordance with article 10 – the specific emissions target determined according to the derogation .


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


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


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


### from the 31 october 2014 , the list published under paragraph 1 shall also indicate whether the manufacturer has complied with the requirements of article 4 with respect to the preceding calendar year . ### from the 31 october 2016 , the list published under paragraph 1 shall also indicate whether the manufacturer has complied with the requirements of article 4 with respect to the preceding calendar year .


### an application for a derogation from the specific emissions target calculated in accordance with annex i may be made by a manufacturer of fewer than 22 000 new light commercial vehicles registered in the community per calendar year and : ### an application for a derogation from the specific emissions target calculated in accordance with annex i may be made by a manufacturer of fewer than 25&#160 ; 000 new light commercial vehicles registered in the community per calendar year and :


### a specific emissions target consistent with its reduction potential , including the economic and technological potential to reduce its specific emissions of co2 and taking into account the characteristics of the market for the type of light commercial vehicle manufactured . ### a specific emissions target consistent with its reduction potential , including the economic and technological potential to reduce its specific emissions of co2 , and with the average value of co2 emissions from light commercial vehicles made by all manufacturers , and taking into account the characteristics of the market for the type of light commercial vehicle manufactured .


### the commission shall be assisted by the committee instituted by article 8 of decision 93 / 389 / eec . ### the commission shall be assisted by the committee instituted by article 9 of decision 280 / 2004 / ec .


### from 2018 : indicative specific emission of co2 = 175 + a × where : m = mass of the vehicle in kilograms m0 = the value adopted pursuant to article 12 a = 0 . 093 ### from 2019 : indicative specific emission of co2 = 175 + a × where : m = mass of the vehicle in kilograms m0 = the value adopted pursuant to article 12 a = 0 . 093


### the comprehensive network should be a european - wide transport network ensuring the accessibility of all regions in the union , including the remote and outermost regions , as also pursued by the integrated maritime policy , and strengthening cohesion between them . the guidelines should set the requirements for the infrastructure of the comprehensive network , in order to achieve a high - quality network throughout the union by 2050 . ### the comprehensive network should be a european - wide transport network ensuring the accessibility of all regions in the union , including the remote and outermost regions , as also pursued by the integrated maritime policy , and strengthening cohesion between them . the guidelines should set the requirements for the infrastructure of the comprehensive network , and efforts should be made in order to achieve a high - quality network throughout the union by 2050 .


### the comprehensive network should be a european - wide transport network ensuring the accessibility of all regions in the union , including the remote and outermost regions , as also pursued by the integrated maritime policy , and strengthening cohesion between them . the guidelines should set the requirements for the infrastructure of the comprehensive network , in order to achieve a high - quality network throughout the union by 2050 . ### the comprehensive network should be a european - wide transport network ensuring the accessibility of all regions in the union , including the remote , island and outermost regions , as also pursued by the integrated maritime policy , and strengthening economic and social cohesion between them . the guidelines should set the requirements for the infrastructure of the comprehensive network , in order to achieve a high - quality network throughout the union by 2050 .


### the core network should be identified and implemented as a priority within the framework provided by the comprehensive network by 2030 . it should constitute the backbone of the development of a multi - modal transport network and stimulate the development of the entire comprehensive network . it should enable union action to concentrate on those components of the trans - european transport network with the highest european added value , in particular cross - border sections , missing links , multi - modal connecting points and major bottlenecks . ### the core network should be identified and appropriate measures should be taken for its development as a priority within the framework provided by the comprehensive network by 2030 . it should constitute the backbone of the development of a multi - modal transport network and stimulate the development of the entire comprehensive network . it should enable union action to concentrate on those components of the trans - european transport network with the highest european added value , in particular cross - border sections , missing links , multi - modal connecting points and major bottlenecks .


### in order to establish the core and the comprehensive network in a coordinated and timely manner , allowing thereby maximising the network benefits , member states concerned should ensure that the projects of common interest are finalised by 2030 and 2050 respectively . ### in order to establish the core and the comprehensive network in a coordinated and timely manner , allowing thereby maximising the network benefits , member states concerned should ensure that the projects of common interest are finalised by 2030 and 2050 respectively . however , taking into account the catching up process for new member states , these deadlines could be reconsidered and delayed in particular cases , where new member states are not able to complete the project by the deadline initially indicated .


### in order to establish the core and the comprehensive network in a coordinated and timely manner , allowing thereby maximising the network benefits , member states concerned should ensure that the projects of common interest are finalised by 2030 and 2050 respectively . ### in order to establish the core and the comprehensive network in a coordinated and timely manner , allowing thereby maximising the network benefits , member states concerned should ensure that appropriate measures are taken in order to finalise the projects of common interest by 2030 and 2050 respectively .


### core network corridors should also address wider transport policy objectives and facilitate modal integration and multi - modal operations . this should allow specially developed corridors that are optimised in terms of energy use and emissions , thus minimising environmental impacts , and are also attractive for their reliability , limited congestion and low operating and administrative costs . an initial list of corridors should be included in the regulation xxx / 2012 [ connecting europe facility ] , but should be adaptable in order to take account of changes in traffic flows . ### core network corridors might also address wider transport policy objectives to facilitate modal integration and multi - modal operations . their management should not result in excessive growth of administrative costs .


### the member states shall ensure that the comprehensive network is completed and fully complies with the relevant provisions of this chapter by 31 december 2050 at the latest . ### efforts shall be made to complete the comprehensive network and comply with the relevant provisions of this chapter by 31 december 2050 .


### the high quality roads referred to in point of paragraph 1 are those which play an important role in long - distance freight and passenger traffic , integrate the main urban and economic centres , interconnect with other transport modes and link landlocked and peripheral nuts 2 regions to central regions of the union . ### the high quality roads referred to in point of paragraph 1 are those which play an important role in long - distance freight and passenger traffic , integrate the main urban and economic centres , interconnect with other transport modes and link mountain , remote , landlocked and peripheral nuts 2 regions to central regions of the union .


### the core network shall consist of those parts of the comprehensive network which are of the highest strategic importance for achieving the objectives of the trans - european transport network policy . the core network shall in particular contribute to coping with increasing mobility and to the development of a low - carbon transport system . ### the core network shall consist of those parts of the comprehensive network which are of the highest strategic importance for achieving the objectives of the trans - european transport network policy . the core network shall in particular contribute to coping with increasing mobility , while ensuring that transport is fully accessible to elderly passengers and those with disabilities and limited mobility , as well as to the development of a low - carbon transport system .


### – availability of alternative clean fuels ; ### – availability of alternative clean fuels at competitive prices ;


### without prejudice to article 47 and , the member states shall ensure the core network is completed and complies with the provisions of this chapter by 31 december 2030 at the latest . ### without prejudice to article 1 , 47 and , appropriate measures shall be taken for the core network to be developed in order to comply with the provisions of this chapter by 31 december 2030 at the latest .


### maritime ports indicated in part 2 of annex ii shall be connected with the railway and road transport infrastructure of the trans - european transport network by 31 december 2030 at the latest , except in duly justified cases . ### maritime ports indicated in part 2 of annex ii shall be connected with the railway and road transport infrastructure of the trans - european transport network by 31 december 2030 , except in duly justified cases .


### the main airports indicated in part 1b of annex ii shall be connected with the railway and road transport infrastructure of the trans - european transport network by 31 december 2050 at the latest . taking into account potential traffic demand , such airports shall be integrated into the high speed rail network wherever possible . ### the main airports indicated in part 1b of annex ii shall be connected with the railway and road transport infrastructure of the trans - european transport network by 31 december 2050 . taking into account potential traffic demand , such airports shall be integrated into the high speed rail network wherever possible .


### for each core network corridor , the member states concerned , in cooperation with the corridor platform , shall jointly draw up and notify to the commission a corridor development plan within six months after entry into force of this regulation . this plan shall include in particular : ### for each core network corridor , the european coordinator shall prepare a working plan for its development which shall be approved by member states concerned and the commission . the european coordinator shall assist the member states in implementing the working plan . this plan shall include in particular :


### one of the priority actions of the “european economic recovery plan” is the reduction of administrative burdens and the promotion of entrepreneurship by , inter alia , ensuring that public authorities pay invoices , including to smes , for supplies and services within one month to ease liquidity constraints . ### one of the priority actions of the “european economic recovery plan” is the reduction of administrative burdens and the promotion of entrepreneurship by , inter alia , ensuring that public authorities pay invoices , including to smes , for supplies and services within the following timescales , to ease liquidity constraints : within 90 days for public authorities ; within 30 days for private undertakings where not otherwise agreed between the parties in line with the principle of freedom of contract .


### one of the priority actions of the “european economic recovery plan” is the reduction of administrative burdens and the promotion of entrepreneurship by , inter alia , ensuring that public authorities pay invoices , including to smes , for supplies and services within one month to ease liquidity constraints . ### one of the priority actions of the “european economic recovery plan” is the reduction of administrative burdens and the promotion of entrepreneurship by , inter alia , ensuring that , as a matter of principle , invoices , including to smes , for supplies and services are paid within one month to ease liquidity constraints .


### late payment constitutes a breach of contract which has been made financially attractive to debtors in most member states by low or no interest rates charged on late payments and / or slow procedures for redress . a decisive shift , including making the exclusion of the right to charge interest an unfair contractual clause and providing for a compensation of creditors for the costs incurred , is necessary to reverse this trend and to ensure that the consequences of late payments are such as to discourage late payment . ### late payment constitutes a breach of contract and has been used unfairly by debtors . compensation of creditors for the costs incurred is necessary to ensure that the consequences of late payments are such as to discourage late payment . special emphasis should be given to smes , therefore it is crucial not to propose actions that create red tape or bureaucracy .


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


### in the interest of consistency of community legislation , the definition of “contracting authorities” in directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public services contracts should apply for the purposes of this directive . ### those directives are intended to ensure the effective application of directives 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts and 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors , and the definition of ‘ contracting entities’ given in article 2 of directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors .


### a fair compensation of creditors for the recovery costs incurred through late payment is necessary to ensure that the consequences of late payments are such as to discourage late payment . recovery costs should also include the recovery of administrative costs and compensation for internal costs incurred due to late payment for which this directive should determine the possibility of flat - rate minimum amount which may be cumulated with interest for late payment . compensation for the recovery costs should be considered without prejudice to national provisions according to which a national judge may award to the creditor any additional damage regarding the debtor’s late payment . ### a fair compensation of creditors for the recovery costs incurred through late payment is necessary to ensure that the consequences of late payments are such as to discourage late payment . recovery costs should also include the recovery of administrative costs and compensation for internal costs incurred due to late payment . compensation for the recovery costs should be considered without prejudice to national provisions according to which a national judge may award to the creditor any additional damage regarding the debtor’s late payment .


### “late payment” means failure to pay within the period of payment specified in article 3 or article 5 ; ### “late payment” means failure to pay within the period of payment specified in article 5 ;


### “late payment” means failure to pay within the period of payment specified in article 3 or article 5 ; ### “late payment” means failure to pay within the period of payment specified in the contract or , in the absence of such specification , that specified in article 3 or article 5 ;


### for a debt of eur 1 000 or more , but less than eur 10 000 , a fixed sum of eur 70 ; ### for a debt of eur 1 000 or more , but less than eur 10 000 , a fixed sum of eur 70 , plus a maximum of an additional 3% of the total debt to cover any expenditure incurred by the creditor in claiming the debt ;


### for a debt of eur 10 000 or more , a sum equivalent to 1% of the amount for which interest for late payment becomes payable . ### for a debt of eur 10 000 or more , a sum equivalent to 3% of the amount for which interest for late payment becomes payable .


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


### member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period . ### for the execution of public contracts , with the exception of those subject to the exclusions laid down in title ii , chapter ii , section 3 of directive 2004 / 18 / ec , member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period .


### member states shall ensure that when interest for late payment becomes payable , the creditor is entitled to a lump sum compensation equal to 5% of the amount due . this compensation shall be additional to the interest for late payment . ### when payment on the prescribed date is dependent on the prior transfer of state funds from the central administration , which has not been effected , and where a public authority not subject to the central administration is not responsible for the delay , the creditor shall not be entitled to a lump sum compensation equal to a percentage of the amount due .


### member states shall ensure that when interest for late payment becomes payable , the creditor is entitled to a lump sum compensation equal to 5% of the amount due . this compensation shall be additional to the interest for late payment . ### member states shall ensure that when interest for late payment becomes payable , the creditor is entitled to a lump sum compensation equal to 3% of the amount due . this compensation shall be additional to the interest for late payment .


### member states shall ensure that when interest for late payment becomes payable , the creditor is entitled to a lump sum compensation equal to 5% of the amount due . this compensation shall be additional to the interest for late payment . ### member states shall ensure that when interest for late payment becomes payable , the public authority is obliged to contract , within five working days , a financial product or service with a view to the immediate 100% payment of the debt . should the public authority not conclude a contract enabling the debt to be paid to the service provider , it shall be subject to penalties pursuant to the laws in force and the criteria applying in each member state .


### member states shall ensure that when interest for late payment becomes payable , the creditor is entitled to a lump sum compensation equal to 5% of the amount due . this compensation shall be additional to the interest for late payment . ### member states shall ensure that when interest for late payment becomes payable , the creditor is entitled to compensation payments amounting to : compensation equal to 2 % of the amount due from the date when interest becomes payable ; compensation equal to 5 % of the amount due after 30 days from the date when interest becomes payable .


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


### the means referred to in paragraph 2 shall include provisions whereby representative organisations may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that clauses are grossly unfair , so that they can apply appropriate and effective means to prevent their continued use . ### the means referred to in paragraph 2 shall include provisions whereby enterprises may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that clauses are grossly unfair , so that they can apply appropriate and effective means to prevent their continued use , without prejudice to the provisions of paragraph 1 .


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


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


### staff costs of an operation may be calculated as a flat rate of up to 15 % of the direct costs other than the staff costs of that operation . ### staff costs of an operation may be calculated as a flat rate of up to 20% of the direct costs other than the staff costs of that operation .


### for the purposes of articles 113 and of regulation no&#160 ; [ &#8230 ; ] / 2012 [ cpr ] , member states participating in a cooperation programme shall appoint a single managing authority and , for the purpose of article 113 of that regulation , a single audit authority , which shall be situated in the same member state . ### for the purposes of articles 113 and of regulation no&#160 ; [ &#8230 ; ] / 2012 [ cpr ] , member states participating in a cooperation programme shall appoint a single managing authority and , for the purpose of article 113 of that regulation , a single audit authority , which shall be situated in the same member state . the member states taking part in the territorial cooperation programme may designate the sole managing authority as certifying authority .


### those controllers shall , where possible , be the same bodies responsible for carrying out such verifications for the operational programmes under the investment for growth and jobs goal or , in the case of third countries , for carrying out comparable verifications under external policy instruments of the union . ### those controllers may be the same bodies responsible for carrying out such verifications for the operational programmes under the investment for growth and jobs goal or , in the case of third countries , for carrying out comparable verifications under external policy instruments of the union .


### in the spirit of the europe 2020 strategy for sustainable growth and jobs , the development of further renewable sources and the promotion of energy efficiency would contribute to greener growth , building a competitive and sustainable economy , and tackling climate change . by giving support to these policies , europe will create new jobs and green market opportunities fostering the development of a competitive , secure and sustainable economy . ### in the spirit of the europe 2020 strategy for sustainable growth and jobs , the development of further renewable sources and the promotion of energy efficiency would contribute to greener growth , building a competitive and sustainable economy , and tackling climate change . by giving support to these policies , europe will create new jobs and green market opportunities fostering the development of a competitive , secure and sustainable economy . cooperation among the various tiers of government is essential in this context .


### so as to maximise the impact of the eu funding in the short term , the facility should be managed by one or several financial intermediaries such as international financial institutions . the selection should be operated on the basis of the demonstrated capacity of the financial intermediaries to use the funding in the most efficient and effective way and with the highest leverage between the eu funding and the total investment in order to raise significant investments in the eu . ### so as to maximise the impact of the eu funding in the short term , the facility should , as a first step , be implemented by one or several international financial institutions . the selection should be operated on the basis of the demonstrated capacity of the ifis to use the funding in the most efficient and effective way , with the objective of maximising the participation of other public and private investors and of achieving the highest leverage between the eu funding and the total investment in order to raise significant investments in the eu .


### the flight plans and the slots should be better matched to better exploit airport capacity and improve flight punctuality . ### the flight plans and the slots should be better matched to better exploit airport capacity and improve flight punctuality . the flight plans can be rejected in a ' no slot ' situation .


### the member state responsible for the schedules facilitated or coordinated airport should ensure the appointment of a schedules facilitator or a coordinator whose neutrality should be unquestioned . to this end , the coordinators ' role should be enhanced . provision should be made for the legal , organisational , decision - making and financial independence of the coordinators with regard to stakeholders , the member state and bodies subordinate to that state . to prevent the coordinator ' s activity suffering from a lack of financial , technical or human resources or expertise , member states should ensure that the coordinators have all the resources needed for their work . ### the member state responsible for the schedules facilitated or coordinated airport should ensure the appointment of a schedules facilitator or a coordinator whose neutrality should be unquestioned . to this end , the coordinators ' role and that of the schedules facilitators should be enhanced . provision should be made for the legal , organisational , decision - making and financial independence of the coordinators with regard to stakeholders , the member state and bodies subordinate to that state . to prevent the coordinator ' s activity and that of the schedules facilitator suffering from a lack of financial , technical or human resources or expertise , member states should ensure that the coordinators have all the resources needed for their work .


### additional obligations should be introduced for air carriers with regard to sending information to the coordinators . provision should be made for additional penalties for omitting information or sending false or misleading information . for network airports , the air carriers should have the obligation to communicate their flight intentions or other relevant information requested by the coordinator or schedules facilitator . ### additional obligations should be introduced for air carriers with regard to sending information to the coordinators and schedules facilitators . provision should be made for additional penalties for omitting information or sending false or misleading information . for network airports , the air carriers should have the obligation to communicate their flight intentions or other relevant information requested by the coordinator or schedules facilitator .


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


### the power to adopt delegated acts should be delegated to the commission , in accordance with article 290 of the treaty on the functioning of the european union , in order to lay down the methods for developing a study on capacity and demand . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers .


### ‘ group of air carriers’ shall mean two or more air carriers which together perform joint operations , franchise operations or code - sharing for the purpose of operating a specific air service ; ### ' group of air carriers ' shall mean two or more air carriers which together perform joint operations , franchise operations , code - sharing , or a consortium in the case of non - scheduled operators for the purpose of utilising a specific slot ;


### upon request from the commission , in particular where new entrants encounter serious problems in securing landing and take off possibilities at the airport in question , or when the network manager considers it necessary to ensure that the airport ' s operational plan is consistent with the network ' s operational plan , in accordance with article 6 of commission regulation no 677 / 2011 . ### upon request from the commission , in particular where new entrants encounter serious problems in securing landing and take off possibilities at the airport in question , or when the network manager considers it necessary to ensure that the airport ' s network ' s operational plan is consistent with the network ' s airport ' s operational plan , in accordance with article 6 of commission regulation no 677 / 2011 ;


### on the basis of the analysis , the member state shall consult on the capacity situation at the airport with the managing body of the airport , the air carriers using the airport regularly , their representative organisations , representatives of general aviation using the airport regularly and air traffic control authorities . ### on the basis of the analysis , the member state shall consult on the capacity situation at the airport with the managing body of the airport , the air carriers using the airport regularly , their representative organisations , representatives of general aviation and air traffic control authorities .


### at a coordinated or schedules facilitated airport , the member state responsible shall ensure the determination of the coordination parameters twice yearly , while taking account of all relevant technical , operational , performance and environmental constraints as well as any changes thereto . these constraints shall be notified to the commission . the commission , if necessary with the aid of the network manager , shall examine the constraints and deliver recommendations which the member state must take into account before determining the coordination parameters . ### at a coordinated or schedules facilitated airport , the member state responsible shall ensure the determination of the coordination parameters twice yearly , while taking account of all relevant technical , operational , performance and environmental constraints as well as any changes thereto . these constraints shall be notified to the commission .


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


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


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


### air carriers operating or intending to operate at a schedules facilitated or coordinated airport belonging to the network shall submit to the schedules facilitator or coordinator all relevant information requested by them . if this information changes , the air carriers shall inform the schedules facilitator and the coordinator as soon as possible . all relevant information shall be provided in the format and within the time - limit specified by the schedules facilitator or coordinator . in particular , an air carrier shall inform the coordinator , at the time of the request for allocation , whether it would benefit from the status of new entrant , in accordance with article 2 , in respect of requested slots . ### air carriers operating or intending to operate at a schedules facilitated or coordinated airport shall submit to the schedules facilitator or coordinator , respectively , all relevant information requested by them . if this information changes , the air carriers shall inform the schedules facilitator and the coordinator as soon as possible . all relevant information shall be provided within the time - limit specified by the schedules facilitator or coordinator . in particular , an air carrier shall inform the coordinator , at the time of the request for allocation , whether it would benefit from the status of new entrant , in accordance with article 2 , in respect of requested slots .


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


### local guidelines as provided for in article 9 ; ### local guidelines related to the supervision of the use of slots allocated or the determination of capacity as provided for in article 9 ;


### any member of the coordination committee may propose local guidelines as provided for in article 9 . at the request of the coordinator , the coordination committee shall discuss suggested local guidelines . a report of the discussions in the coordination committee shall be submitted to the member state concerned with an indication of the respective positions stated within the committee . this report shall also be communicated to the performance review body and the network manager . ### any member of the coordination committee may propose local guidelines as provided for in article 9 . the coordination committee shall discuss and vote on suggested local guidelines . a report of the discussions and any agreed actions in the coordination committee shall be submitted to the member state concerned with an indication of the respective positions stated within the committee . this report shall also be communicated to the performance review body and the network manager .


### the coordinator shall set up a pool , which shall contain all the slots . all new slot capacity determined pursuant to article 3 shall be placed in the pool . ### the coordinator shall set up a pool , which shall contain all the slots not allocated on the basis of articles 10 , . all new slot capacity determined pursuant to article 3 will be placed in the pool .


### in the case of services operated by a group of air carriers , only one of the participating air carriers can apply for the required slots . the air carrier operating such a service accepts responsibility for meeting the operating criteria required to benefit from the priority referred to in article 10 . ### in the case of services operated by a group of air carriers , only one of the participating air carriers can apply for the required slots . the air carrier operating such a service accepts responsibility for meeting the operating criteria required to maintain historical precedence referred to in article 10 .


### the coordinator shall also take into account additional guidelines established by the air transport industry world - wide or union - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity and have been notified in advance to and pre - approved by the commission . the local guidelines may only concern the supervision of the use of slots allocated or the amendment of the definition of the series of slots for reducing its length below 10 slots for the winter scheduling period or below 15 slots for the summer scheduling period , but under no circumstances below 5 slots . the reduction of the length of the series of slots applies only in airports where demand for air services is highly seasonable . ### the coordinator shall also take into account additional guidelines established by the air transport industry union - wide or world - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity and have been notified in advance to and pre - approved by the commission within two months . in urgent cases , the member state concerned may call on the commission to approve a local guideline within a shorter time - scale of just two weeks . local guidelines may relate to the amendment of the definition of the series of slots , for extending its length to over 10 slots . the commission may adopt implementing measures aimed at broadening the scope of a local guideline to apply to all eu airports . those implementing measures shall be adopted in accordance with the examination procedure referred to in article 16 .


### the coordinator shall also take into account additional guidelines established by the air transport industry union - wide or world - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity and have been notified in advance to and pre - approved by the commission . the local guidelines may only concern the monitoring of the use of slots allocated or the amendment of the definition of a series of slots to reduce its length below 10 slots for the winter scheduling period or below 15 slots for the summer scheduling period , but under no circumstances below 5 slots . the reduction of the length of the series of slots applies only at airports where demand for air services is highly seasonable . ### the coordinator shall also take into account additional guidelines established by the air transport industry world - wide or union - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity . local rules concern the allocation and monitoring of slots . these can be applied only where it can be proved that an airport reaches an alarming level of congestion and therefore performance or throughput improvements can be delivered through locally applied rules . these must be transparent and non - discriminatory . local rules must be agreed and voted on in the coordination committee after agreement of all parties concerned , as referred to in article 8 paragraph 3 of this regulation .


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


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


### re - timing of series of slots before the allocation of the remaining slots from the pool referred to in article 9 to the other applicant air carriers shall be accepted only for operational reasons such as , changes in the type of aircraft used or route operated by the air carrier . it shall not take effect until expressly confirmed by the coordinator . ### re - timing of a series of slots before the allocation of the remaining slots from the pool referred to in article 9 to the other applicant air carriers shall be accepted only for operational reasons such as changes in the type of aircraft used or route operated by the air carrier or , in the case of slots originally allocated to new entrants as defined in article 2 , if the slot timings of such applicant air carriers would be improved in relation to the timings initially requested . it shall not take effect until expressly confirmed by the coordinator .


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


### airport operations would not be prejudiced , taking into account all technical , operational , performance and environmental constraints ; ### airport operations would not be prejudiced , taking into account all technical , operational and environmental constraints ;


### when an air carrier submits a flight plan , it shall include a reference to the slot allocated . the network manager shall reject&#160 ; an air carrier ' s flight plan if the air carrier intends to land or take off at a coordinated airport , during the periods for which it is coordinated , without having a slot allocated by the coordinator . business aviation operators shall not be deemed to have been allocated a slot if they would have to operate outside the time - band offered by the slot and if the delay is not attributable to air navigation services . ### when an air carrier submits a flight plan , it shall include a reference to the slot allocated . at the request of the member state , which may delegate this duty to a coordinator , the network manager shall reject&#160 ; an air carrier ' s flight plan if the air carrier intends to land or take off at a coordinated airport , during the periods for which it is coordinated , without having a slot allocated by the coordinator .


### when an air carrier submits a flight plan , it shall include a reference to the slot allocated . the network manager shall reject an air carrier ' s flight plan if the air carrier intends to land or take off at a coordinated airport , during the periods for which it is coordinated , without having a slot allocated by the coordinator . business aviation operators shall not be deemed to have been allocated a slot if they would have to operate outside the time - band offered by the slot and if the delay is not attributable to air navigation services . ### when an air carrier submits a flight plan , it shall include a reference to the slot allocated . the network manager , after having heard the air carrier concerned , may reject an air carrier ' s flight plan if the air carrier intends to land or take off at a coordinated airport , during the periods for which it is coordinated , without having a slot allocated by the coordinator . business aviation operators shall not be deemed to have been allocated a slot if they would have to operate outside the time - band offered by the slot and if the delay is not attributable to air navigation services .


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


### – the return of slots after 31 january for the following summer season or after 31 august for the following winter season , or the retention of unused slots ; the penalty should in any case take account of the possible use of the mechanism provided by article 11 ; ### – the return of slots and / or slot series after the industry agreed historics baseline date , or the retention of unused slots and / or slot series for commercial reasons ;


### without prejudice to rights of appeal under national law , complaints regarding the application of articles 7 , 9 , 10 , 13 , 17 and 18 , and shall be submitted to the coordination committee . the committee shall , within a period of one month following submission of the complaint , consider the matter and if possible make proposals to the coordinator in an attempt to resolve the problem . if the complaint cannot be settled , the member state responsible may , within a further two month period , provide for mediation by an air carriers ' or airports ' representative organisation or other third party . ### without prejudice to rights of appeal under national law , complaints regarding the application of articles 7 , 9 , 10 , 13 , 17 and 18 , , and shall be submitted to the coordination committee . the committee shall , within a period of one month following submission of the complaint , consider the matter and if possible make proposals to the coordinator in an attempt to resolve the problem . if the complaint cannot be settled , the member state responsible may , within a further two month period , provide for mediation by an air carriers ' or airports ' representative organisation or other third party .


### the transmission of data required upon entry to and / or exit from ports under council directive 95 / 21 / ec of 19 june 1995 concerning the enforcement , in respect of shipping using community ports and sailing in the waters under the jurisdiction of the member states , of international standards for ship safety , pollution prevention and shipboard living and working conditions , directive 2000 / 59 / ec of the european parliament and of the council of 27 november 2000 on port reception facilities for ship - generated waste and cargo residues , directive 2002 / 59 / ec of the european parliament and of the council of 27 june 2002 establishing a community vessel traffic monitoring and information system and repealing council directive 93 / 75 / eec , regulation no 725 / 2004 of the european parliament and of the council of 31 march 2004 on enhancing ship and port facility security , regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders and , where appropriate , the international maritime code for dangerous goods adopted in 1960 by the imo , with the amendments thereto adopted and having entered into force , covers the information required by fal forms . these forms should not be required , if this information is available . ### the transmission of data required upon entry to , stay and / or exit from ports under directive 2009 / 16 / ec of the european parliament and of the council of 23 april 2009 on port state control1 , directive 2000 / 59 / ec of the european parliament and of the council of 27 november 2000 on port reception facilities for ship - generated waste and cargo residues , directive 2002 / 59 / ec of the european parliament and of the council of 27 june 2002 establishing a community vessel traffic monitoring and information system and repealing council directive 93 / 75 / eec , regulation no 725 / 2004 of the european parliament and of the council of 31 march 2004 on enhancing ship and port facility security , regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders and , where appropriate , the international maritime code for dangerous goods adopted in 1960 by the imo , with the amendments thereto adopted and having entered into force , covers the information required by fal forms . these forms should not be required , if this information is available . 1oj l 131 , 28 . 5 . 2009 , p . 57 - 100


### widespread use should be made of electronic means of data transmission for all reporting formalities as soon as possible and by 15 february 2013 at the latest . ### widespread use should be made of electronic means of data transmission for all reporting formalities as soon as possible and by 15 february 2015 at the latest . as the transmission of this data forms a chain stretching from the user to safeseanet , all the information systems should be technically interoperable by the same deadline to ensure the smooth running of the european maritime transport space without barriers .


### the purpose of this directive is to simplify the administrative procedures applied to maritime transport , on arrival in or departure from ports in member states of the community , by making the electronic transmission of information and the rationalisation of reporting formalities standard . ### the purpose of this directive is to simplify , harmonise and integrate the fal convention requirements on the administrative procedures applied to maritime transport , on arrival in , staying in and / or departure from ports in member states of the community , by making the electronic transmission of information and the rationalisation of reporting formalities standard .


### member states shall , by the entry into force of this directive at the latest , conduct relevant studies and investigations in order to allow the use of electronic means of transmitting the data necessary for the administrative formalities as soon as possible and by 15 february 2013 at the latest . ### member states shall , by the entry into force of this directive at the latest , conduct relevant studies and investigations in order to allow the electronic transmission of data necessary for the administrative formalities as soon as possible and by 15 february 2015 at the latest .


### ships falling within the scope of directive 2002 / 59 / ec and moving between ports situated in the european community’s customs territory , but which do not come from , call in or are headed towards a port situated outside that territory or a free zone subject to type i controls under customs legislation shall be exempt from the obligation to send the information referred to in the fal forms , without prejudice to the applicable community legislation . ### ships falling within the scope of directive 2002 / 59 / ec and moving between ports situated in the european community’s customs territory , but which do not come from , call in to or are headed towards a port situated outside that territory or a free zone subject to type i controls under customs legislation shall be exempt from the obligation to send the information referred to in the fal forms , without prejudice to the applicable community legislation and the possibility that member states may request that the information in the fal forms referred to in points 2 , 3 , 4 , 5 and 6 of annex i be sent .


### within the framework of sustainable urban development , it is considered necessary to support integrated actions to tackle the economic , environmental , climate and social challenges affecting urban areas and to define a procedure to establish the list of cities covered by such actions and the financial allocation set aside for such actions . ### within the framework of integral sustainable urban development , it is considered necessary to support integrated actions to tackle the economic , environmental , climate and social challenges affecting urban areas , to adapt cities to the challenges of climate change , and to define a procedure to establish the list of cities covered by such actions and the financial allocation set aside for such actions .


### in order to identify or test new solutions to issues relating to sustainable urban development which are of relevance at union level , the erdf should support innovative actions in the field of sustainable urban development . ### in order to identify or test new solutions to issues relating to sustainable urban development which are of relevance at union level , the erdf should support innovative actions in the field of integral sustainable urban development .


### the erdf shall contribute to the financing of support which aims to reinforce economic , social and territorial cohesion by redressing the main regional imbalances through support for the development and structural adjustment of regional economies , including the conversion of declining industrial regions and regions lagging behind . ### the erdf shall contribute to the financing of support which aims to reinforce economic , social and territorial cohesion by redressing the main regional imbalances through support for the sustainable development and structural adjustment of regional economies , including the conversion of declining industrial regions and regions lagging behind .


### investments in social , health and educational infrastructure ; ### investments in social , sports , health and educational infrastructure ;


### support to public research and innovation bodies and investment in technology and applied research in enterprises ; ### support to public or private organisations that perform research and innovation bodies and investment in technology and applied research in enterprises ;


### promoting business r&i investment , product and service development , technology transfer , social innovation and public service applications , demand stimulation , networking , clusters and open innovation through smart specialisation ; ### promoting business r&i investment , product and service development , including in the tourism sector , technology transfer , social innovation and public service applications , demand stimulation , networking , clusters and open innovation through smart specialisation ;


### promoting the production and distribution of renewable energy sources ; ### promoting the sustainable and cost - efficient production and distribution of renewable energy sources ;


### promoting the production and distribution of renewable energy sources ; ### promoting the production and distribution of renewable and low - carbon energy sources ;


### promoting low - carbon strategies for urban areas ; ### promoting low - carbon strategies – including sustainable mobility and clean public transport – for all types of region , particularly urban areas ;


### promoting investment to address specific risks , ensuring disaster resilience and developing disaster management systems ; ### promoting investment to address specific risks , ensuring disaster resilience and developing disaster management systems , including the restoration of river , coastal and mountain ecosystems ;


### addressing the significant needs for investment in the waste sector to meet the requirements of the environmental acquis ; ### addressing the significant needs for investment in the waste sector with a view to reducing the disposal of waste .


### protecting biodiversity , soil protection and promoting ecosystem services including natura 2000 and green infrastructures ; ### protecting and restoring biodiversity , landscapes and ecosystems , soil protection and promoting ecosystem services including natura 2000 and green infrastructures ;


### developing environment - friendly and low - carbon transport systems and promoting sustainable urban mobility ; ### developing integrated and intermodal environment - friendly and low - carbon local public transport systems and promoting sustainable urban mobility ;


### investing in health and social infrastructure which contribute to national , regional and local development , reducing inequalities in terms of health status , and transition from institutional to community - based services ; ### investing in health , sports and social infrastructure which contribute to national , regional and local development , reducing inequalities in terms of health status , and transition from institutional to community - based services ;


### the list shall contain a maximum number of 300 cities , with a maximum number of 20 per member state . cities shall be selected based on the following criteria : ### the list shall contain a maximum number of 300 cities , with a maximum number of 20 per member state . this number of cities shall also include medium and smaller sized cities . cities shall be selected based on the following criteria :


### it is appropriate to provide for statements of support to be collected in paper form as well as online . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person can be identified and that the data are securely stored . for this purpose , the commission should be required to set out detailed technical specifications for online collection systems . ### it is appropriate to provide for statements of support to be collected in paper form as well as online . however , in order to simplify the procedure and to make it more accessible , the use of online collection should be encouraged and appropriate internet solutions should be developed . online collection systems should have adequate security features in place in order to ensure inter alia that the person can be identified and that the data are securely stored . for this purpose , the commission should be required to set out detailed technical specifications for online collection systems .


### ' organiser ' means a natural or legal person or organisation responsible for the preparation and submission of a citizens ' initiative to the commission . ### ' organising committee ' means a group of at least seven citizens of the union , each from a different member state , which is responsible for the preparation and submission of a citizens ' initiative to the commission .


### ' organiser ' means a natural or legal person or organisation responsible for the preparation and submission of a citizens ' initiative to the commission . ### ' organising committee ' means a group of at least nine citizens of the union , each from a different member state , which is responsible for the preparation and submission of a citizens ' initiative to the commission .


### prior to initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organiser shall be required to register it with the commission , providing the information set out in annex ii , in particular on the subject - matter and objectives as well as on the sources of funding and support for the proposed citizens ' initiative . ### before receiving a decision on admissibility from the commission and initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organiser shall be required to register that initiative with the commission , providing the information set out in annex ii , in particular on the subject matter and objectives as well as on the sources of funding and support for the proposed citizens ' initiative .


### a proposed citizens ' initiative that has been registered shall be made public in the register . ### a proposed citizens ' initiative that has been registered shall be made public in the register . once the registration has been completed , the commission shall examine the admissibility of the proposed citizens ' initiative , in accordance with article 8 .


### the organiser shall be responsible for the collection of the necessary statements of support from signatories for a proposed citizens ' initiative which has been registered in accordance with article 4 . ### the organiser shall be responsible for collecting from signatories the necessary statements of support for a proposed citizens ' initiative which has been registered in accordance with article 4 and in respect of which a positive decision on admissibility has been taken .


### only statements of support forms which comply with the model set out in annex iii may be used for this purpose . the organiser shall complete the forms as indicated in annex iii prior to initiating the collection of statements of support from signatories . the information given in the forms shall correspond to the information contained in the register . ### only statement of support forms which contain the information required in the example provided in annex iii may be used for this purpose . the organiser shall complete the forms as indicated in annex iii before initiating the collection of statements of support from signatories . the information given in the forms shall correspond to the information contained in the register .


### all statements of support shall be collected after the date of registration of the proposed initiative and within a period that shall not exceed 12 months . ### statements of support shall be collected only after the date of the positive decision on admissibility in respect of the proposed initiative and within a period that shall not exceed 12 months .


### the system can generate individual statements of support in a form complying with the model set out in annex iii , in order to allow for the control by the member states , in accordance with article 9 . ### the system can generate individual statements of support in a form which contains the information required in the example provided in annex iii , in order to allow for the control by member states , in accordance with article 9 .


### in one third of member states , signatories shall comprise at least the minimum number of citizens set out in annex i . ### in one quarter of member states , signatories shall comprise at least the minimum number of citizens set out in annex i . these minimum numbers represent a threshold below 0 . 2 % of the population of a given member state , based on a multiple of the number of the members of the european parliament for that member state . the multiple proposed is 500 .


### signatories shall be considered as coming from the member state which issued the identification document indicated in their statement of support . ### signatories shall be considered to come from the member state in which they have their address , as indicated in their statement of support .


### after having collected 300 . 000 statements of support in accordance with article 5 from signatories coming from at least three member states , the organiser shall submit to the commission a request for a decision on the admissibility of the proposed citizens ' initiative . for this purpose the organiser shall use the form set out in annex v . ### after the citizens ' initiative has been registered , the commission shall examine its admissibility without delay .


### the decision referred to in paragraph 2 shall be notified to the organiser of the proposed citizens ' initiative and shall be made public . ### the decision referred to in paragraph 2 shall be notified to the organiser of the proposed citizens ' initiative and shall be made public . it shall indicate which legal act or measure the commission considers is appropriate to achieve the objectives of the citizens ' initiative in the event that that initiative is successful .


### after having collected the necessary statements of support from signatories in accordance with articles 5 and 7 , and provided that the commission has decided that a proposed citizens ' initiative is admissible in accordance with article 8 , the organiser shall submit the statements of support , in paper or in electronic form , to the relevant competent authorities provided for in article 14 for verification and certification . for this purpose the organiser shall use the form set out in annex vi . ### after having collected the necessary statements of support from signatories in accordance with articles 5 and 7 , the organiser shall submit the statements of support , in paper or in electronic form , to the relevant competent authorities provided for in article 14 for verification and certification . for this purpose the organiser shall use the form set out in annex vi .


### the organiser shall destroy all statements of support received for a given citizens ' initiative and any copies thereof at the latest one month after submitting that initiative to the commission in accordance with article 10 or 18 months after the date of registration of a proposed citizens ' initiative , whichever is the earlier . ### the organising committee shall destroy all statements of support received for a given citizens ' initiative and any copies thereof at the latest one month after publication of the european commission ' s communication in accordance with article 11 .


### five years after the entry into force of this regulation , the commission shall present a report to the european parliament and the council on the implementation of this regulation . ### two years after the entry into force of this regulation , the commission shall present a report to the european parliament and the council on the implementation of this regulation .


### the full name , postal address and e - mail address of the organiser or , in the case of a legal entity or organisation , its legal representative ; ### the full name , postal address and e - mail address of each member of the organising committee ;


### full name , postal address and e - mail address of the organiser or , in the case of a legal entity or organisation , its legal representative . ### full name , postal address and e - mail address of each member of the organising committee .


### date and place of birth* : date of birth : place and country : ### date of birth* :


### it is appropriate to establish a procedure , to be observed by any manufacturer or its representative that wishes to include a new fibre name in the technical annexes . this regulation should thus set out requirements to apply for a new fibre name to be added to the technical annexes . ### it is appropriate to establish a procedure , including specific requirements , to be observed by any manufacturer or any person acting on his behalf that wishes to include a new fibre name on the harmonised list of fibre names set out in annex i .


### the application of this regulation shall be without prejudice to the application of the national and community rules on protection of industrial and commercial property , on indications of provenance , marks of origin and the prevention of unfair competition . ### save as otherwise provided in this regulation , national and union rules on protection of industrial and commercial property , on indications of provenance , marks of origin and the prevention of unfair competition shall remain applicable to textile products .


### any laboratory responsible for the testing of textile mixtures for which there is no uniform method of analysis at community level shall determine the composition of such mixtures by using any valid method at its disposal , indicating in the analysis report the result obtained and , in so far as this is known , the degree of accuracy of the method used . ### any laboratory accredited and approved by the member state authorities for the testing of textile mixtures for which there is no uniform method of analysis at community level shall determine the fibre composition of such mixtures , indicating in the analysis report the result obtained , the method used and the degree of accuracy of this method .