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


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


### ' be offered by the operating air carrier in the event of re - routing when the reasonably expected time of departure of the flight is at least 2 hours after the planned departure of the cancelled flight , the care specified in article 9 and ' ### ' be offered by the operating air carrier in the event of re - routing the care specified in article 9 and '


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 , if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 , if it can prove in writing that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . passengers shall have a right , enforceable by penalties , to adequate information about these extraordinary circumstances .


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


### when the delay is of at least five hours , the assistance specified in article 8 . ### when the delay is of at least three hours and includes one or more nights , the assistance specified in article 9 and 9 ; and


### when the delay is of at least five hours and includes one or several nights , the assistance specified in article 9 and 9 ; and ### when the delay is of at least three hours , the assistance specified in article 8 .


### paragraph 2 shall also apply where the operating air carrier has modified the scheduled times of departure and arrival causing a delay compared to the time of arrival of the original schedule , unless the passenger was informed of the schedule change more than fifteen days in advance of the originally scheduled time of departure . ### paragraph 2 shall also apply where the operating air carrier has modified the scheduled times of departure and arrival causing a delay or earlier departure compared to the time of arrival of the original schedule , unless the passenger was informed of the schedule change more than fifteen days in advance of the originally scheduled time of departure .


### where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight , the community air carrier operating the onward connecting flight shall offer the passenger : ### where a passenger misses a connecting flight as a result of a delay , cancellation or change of schedule to a preceding flight , the community air carrier operating the onward connecting flight shall offer the passenger :


### ' 2 . where the passenger has opted for the continuation of his travel pursuant to article 8 , the right to compensation can arise only once during his travel to the final destination , even if a new cancellation or missed connection should arise during rerouting . ### ' 2 . where the passenger has opted for the continuation of his travel pursuant to article 8 , the right to compensation can arise only once during his travel to the ultimate destination , even if a new cancellation or missed connection should arise during rerouting .


### reimbursement within seven days of the passenger ' s request , by the means provided for in article 7 , of the flight price , for the part or parts of the journey not made , and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger ' s original travel plan , together with , when relevant , ### reimbursement within seven days of the passenger ' s request , by the means provided for in article 7 , of the flight price , for the part or parts of the journey not made , and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger ' s original travel plan , together with , when relevant , if the passenger so wishes ,


### a return flight to the first point of departure , at the earliest opportunity ; ### a return flight to the first point of departure , at the earliest opportunity , to be arranged by the air carrier responsible ;


### where passengers choose the option referred to in paragraph 1 , they shall , subject to availability , have the right to re - routing via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within 12 hours of the scheduled arrival time . notwithstanding article 22 of regulation no 1008 / 2008 , the other air carrier or other transport operator shall not charge the contracting carrier a price that goes beyond the average price paid by its own passengers for equivalent services in the last three months . ### where passengers choose the option referred to in paragraph 1 , they shall , subject to availability , have the right to re - routing via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within three hours of the scheduled arrival time . notwithstanding article 22 of regulation no 1008 / 2008 , the other air carrier or other transport operator shall not charge the contracting carrier a price that goes beyond the average price paid by its own passengers for equivalent services in the last three months .


### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the total cost of accommodation provided according to paragraph 1 to eur 100 per night and per passenger and to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 . ### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the accommodation provided according to paragraph 1 to a maximum of 3 nights . the operating air carrier shall provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 .


### where a passenger opts for reimbursement pursuant to article 8 while being at the departure airport of his journey , or opts for rerouting at a later date pursuant to article 8 , the passenger shall have no further rights with regard to care under article 9 in relation to the relevant flight . ### where a passenger opts for reimbursement pursuant to article 8 , or opts for rerouting at a later date pursuant to article 8 , the passenger shall have no further rights with regard to care under article 9 in relation to the relevant flight . where the passenger demonstrably incurs costs as a result of this decision in travelling to and from the airport , the passenger shall receive a full reimbursement thereof in the case of such travel to the airport in relation to the journey not taken .


### ' 3 . the operating air carrier shall not apply the limitations set out in articles 9 and 9 if the passenger is a person with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance , on condition the air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight , such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier . ' ### ' 3 . the operating air carrier shall not apply the limitations set out in articles 9 and 9 if the passenger is a person with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance . '


### in cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this regulation , no provision of this regulation or of national law may be interpreted as restricting its right to seek compensation for the costs incurred under this regulation from any third parties which contributed to the event triggering compensation or other obligations . ' ### in cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this regulation , no provision of this regulation or of national law or general contract terms may be interpreted as restricting its right to receive compensation for the costs incurred under this regulation from any third parties which contributed to the event triggering compensation or other obligations . '


### an operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this regulation , including information on possible limitations pursuant to articles 9 and 9 . it shall also provide each passenger affected by a delay or a change of schedule of at least two hours with an equivalent notice . the contact details of the competent complaint handling bodies designated under article 16a shall also be given to the passenger in written form . ### an operating air carrier denying boarding or cancelling a flight shall immediately provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this regulation , including information on possible limitations pursuant to articles 9 and 9 , together with an explicit reference to the time limit laid down in article 16afor claiming the entitlement . it shall also provide each passenger affected by a delay or a change of schedule of at least two hours with an equivalent notice . the contact details of the competent complaint handling bodies designated under article 16a and of the national enforcement bodies shall also be given to the passenger in written form .


### in the event of cancellation or delay in departure , passengers shall be informed by the operating air carrier of the situation as soon as possible and in any event no later than 30 minutes after the scheduled departure time , and of the estimated departure time as soon as this information is available , provided the air carrier has received the passenger ' s contact details in accordance with paragraphs 6 and 7 in case the ticket was acquired via an intermediary . ### in the event of cancellation or delay in departure , passengers shall be informed by the operating air carrier of the situation as soon as possible and in any event no later than 30 minutes before the scheduled departure time , and of the estimated departure time as soon as this information is available .


### where the passenger does not acquire a ticket directly from the operating air carrier , but via an intermediary established within the union , this intermediary shall provide the passenger ' s contact details to the air carrier , on condition that the passenger has given his explicit and written authorisation . this authorisation may only be given on an ' opt - in ' basis . the air carrier may use these contact details exclusively for the purpose of fulfilling the information obligation under this article and not for marketing purposes and shall delete the contact details within 72 hours after the completion of the contract of carriage . the processing , access and storage of these data shall be undertaken in accordance with directive 95 / 46 / ec of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data . ### where the passenger does not acquire a ticket directly from the operating air carrier , but via an intermediary established within the union , this intermediary shall provide the passenger ' s contact details to the air carrier , on condition that the passenger has given his explicit and written authorisation . this authorisation may only be given on an ' opt - in ' basis . the air carrier may use those contact details exclusively for the purpose of fulfilling the information obligation under this regulation and not for marketing purposes , and shall delete the contact details within 7 days after completion of the contract of carriage . the processing , access and storage of these data shall be undertaken in accordance with directive 95 / 46 / ec of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data .


### at the time of reservation , air carriers shall provide information to passengers on their claim and complaint handling processes in relation to the rights set out in this regulation and on the relevant contact addresses , to which passengers can submit claims and complaints , including via electronic means of transmission . the air carrier shall also inform passengers of the body or bodies competent for handling passenger complaints . ### at the time of reservation , air carriers shall provide information to passengers on their claim and complaint handling processes in relation to the rights set out in this regulation and on the relevant contact addresses , to which passengers can submit claims and complaints , including via electronic means of transmission . the air carrier shall also inform passengers of the body or bodies competent for handling passenger complaints and the time limit laid down in article 16a for claiming an entitlement .


### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the carrier shall provide a full answer to the passenger . ### if a passenger wants to lodge a claim with , or make a complaint to , the air carrier in connection with the rights laid down in this regulation , he shall do so in writing or in electronic form within 3 months from the date on which the flight was scheduled to begin . within 7 days of receiving the claim or complaint , the carrier shall confirm its receipt to the passenger . within two months of receiving the complaint , the carrier shall be required to provide a full answer to the passenger .


### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the carrier shall provide a full answer to the passenger . ### if a passenger wants to lodge a claim with , or make a complaint to , the air carrier in connection with the rights laid down in this regulation , he shall submit it in writing or in electronic form within 3 months from the date on which the flight was scheduled to begin . within 7 days of receiving the claim or complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the claim or complaint , the air carrier shall provide a full answer to the passenger .


### within 7 days of receiving the complaint , the designated body shall confirm receipt of the complaint and shall send a copy to the appropriate national enforcement body . the time taken to provide the final reply to the complainant shall not be longer than three months from the receipt of the complaint . a copy of the final reply shall also be provided to the national enforcement body . ### the designated body shall be required to confirm receipt of the complaint within 7 days of receiving it and to send a copy to the appropriate national enforcement body . the time taken to provide the final reply to the complainant shall not be longer than 90 days from the receipt of the complaint . a copy of the final reply shall also be provided to the national enforcement body .


### within 7 days of receiving the complaint , the designated body shall confirm receipt of the complaint and shall send a copy to the appropriate national enforcement body . the time taken to provide the final reply to the complainant shall not be longer than three months from the receipt of the complaint . a copy of the final reply shall also be provided to the national enforcement body . ### within 7 days of receiving the complaint , the designated body shall confirm receipt of the complaint and shall send a copy to the appropriate national enforcement body . the time taken to provide the final reply to the complainant shall on no account be longer than 90 calendar days from the receipt of the complaint . a copy of the final reply shall also be provided to the national enforcement body .


### at the request of a member state , or on its own initiative , the commission shall examine cases where differences in the application and enforcement of any of the provisions of this regulation arise and particularly concerning the interpretation of extraordinary circumstances ; and shall clarify the provisions of the regulation , with a view to promoting a common approach . to this end , the commission may adopt a recommendation after consultation of the committee referred to in article 16c . ### at the request of a member state , or on its own initiative , the commission shall examine cases where differences in the application and enforcement of any of the provisions of this regulation arise and particularly concerning the interpretation of extraordinary circumstances ; and shall clarify the provisions of the regulation by means of a delegated act to supplement annex i appropriately , with a view to promoting a common approach . to this end , the commission may adopt a recommendation after consultation of the committee referred to in article 16c .


### ' 2 . the community air carrier shall provide a complaint form at the airport which allows the passenger to immediately submit such a complaint about damaged or delayed baggage . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . this possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines given by the montreal convention . ' ### ' 2 . the community air carrier shall provide a complaint form at the airport in all eu official languages which allows the passenger to immediately submit such a complaint about damaged or delayed baggage . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . this possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines given by the montreal convention . '


### ' 2 . without prejudice to paragraph 1 , an advance payment shall not be less than the equivalent in euro of 18 096 sdrs per passenger in the event of death . ' the commission shall be empowered , by means of a delegated act in accordance with article 6c , to adjust this amount in light of a decision by the international civil aviation organisation pursuant to article 24 of the montreal convention . any adjustment in the before mentioned amount shall also modify the corresponding amount in the annex . ' ### ' 2 . without prejudice to paragraph 1 , an advance payment shall not be less than €20 000 per passenger in the event of death . ' the commission shall be empowered , by means of a delegated act in accordance with article 6c , to adjust this amount in light of a decision by the international civil aviation organisation pursuant to article 24 of the montreal convention . any adjustment in the before mentioned amount shall also modify the corresponding amount in the annex . '


### whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried , they shall clearly indicate , at booking and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that would be applied within a given maximum baggage allowance . where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at booking and on request at the airport . ### whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried , they must clearly indicate , at the beginning of every booking process and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that would be applied within a given maximum baggage allowance . where additional charges are applied for the carriage of baggage air carriers must clearly indicate details of those charges at the beginning of every booking process and on request at the airport . additional charges must be communicated clearly and transparently , and it must be possible for them to be paid in conjunction with the actual reservation of the journey , irrespective of the manner in which that reservation is made . this obligation shall also apply to operators offering flights on behalf of air carriers . additional charges are part of the overall fare .


### a community air carrier shall permit a passenger to carry a musical instrument in the passenger cabin of an aircraft subject to applicable safety rules and the technical specifications and constraints of the aircraft concerned . musical instruments shall be accepted for carriage within an aircraft cabin provided such instruments can be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat . an air carrier may determine that a musical instrument shall form part of a passenger ' s hand luggage allowance and not be carried in addition to that allowance . ### a community air carrier may permit a passenger to carry a musical instrument in the passenger cabin of an aircraft subject to applicable safety rules and the technical specifications and constraints of the aircraft concerned . musical instruments shall be accepted for carriage within an aircraft cabin provided such instruments can be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat . an air carrier may determine that a musical instrument shall form part of a passenger ' s hand luggage allowance and not be carried in addition to that allowance .


### where a musical instrument is too large to be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat , an air carrier may request the payment of a second fare where such musical instruments are carried as hand luggage on a second seat . where a second seat is purchased an air carrier should make reasonable efforts to seat the passenger and the musical instrument concerned together . where available and if requested , musical instruments shall be carried in a heated part of an aircraft cargo hold subject to applicable safety rules , space constraints and the technical specifications of the aircraft concerned . an air carrier shall clearly indicate in its terms and conditions the basis on upon which musical instruments will be transported and the applicable charges . ' ### where a musical instrument is too large to be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat , an air carrier may request the payment of a second fare , which must be exempt from any applicable airport taxes , where such musical instruments are carried as hand luggage on a second seat . where a second seat is purchased an air carrier should make reasonable efforts to seat the passenger and the musical instrument concerned together . where available and if requested , musical instruments shall be carried in a heated part of an aircraft cargo hold subject to applicable safety rules , space constraints and the technical specifications of the aircraft concerned . air carriers should attach special labels to such instruments to ensure that they are handled with the requisite care . an air carrier shall clearly indicate in its terms and conditions the basis on upon which musical instruments will be transported and the applicable charges . '


### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union . ### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union . it shall apply to all flights and journeys whose scheduled take - off time is 00 . 00 or later on that date .


### life - threatening health risks or medical emergencies necessitating the interruption or deviation of the flight concerned ; ### health risks or medical emergencies necessitating the interruption or deviation of the flight concerned ;


### unavailability of flight crew or cabin crew . ### unavailability of flight crew or cabin crew ;


### there are no financial limits to the liability for passenger injury or death caused by an accident on board the aircraft or during any of the operations of embarkation and disembarkation . for damages up to 113 , 100 sdrs , the carrier cannot exclude or limit its liability . above that amount , the air carrier is not liable if it proves that it was not negligent or otherwise at fault , or that the damage was solely due to the negligence or other fault of a third party . ### there are no financial limits to the liability for passenger injury or death caused by an accident on board the aircraft or during any of the operations of embarkation and disembarkation . for damages up to €130 000 , the carrier cannot exclude or limit its liability . above that amount , the air carrier is not liable if it proves that it was not negligent or otherwise at fault , or that the damage was solely due to the negligence or other fault of a third party .


### if a passenger is killed or injured , the air carrier must make an advance payment , to cover immediate economic needs , within 15 days from the identification of the person entitled to compensation . in the event of death , this advance payment shall not be less than 18 096 sdrs . ### if a passenger is killed or injured , the air carrier must make an advance payment , to cover immediate economic needs , within 15 days from the identification of the person entitled to compensation . in the event of death , this advance payment shall not be less than €21 000 .


### in case of passenger delay , the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures . the liability for passenger delay is limited to 4 694 sdrs . ### in case of passenger delay , the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures . the liability for passenger delay is limited to €5 200 .


### in case of baggage loss , damage or delay , the air carrier is liable for damage up to 1 113 sdrs , the compensation limit being applicable per passenger and not per piece of checked baggage , unless a higher limit has been agreed upon between the carrier and the passenger through a special declaration of interest . for damaged or lost baggage , the air carrier is not liable if the damage or loss is caused by an inherent quality or defect of the baggage . for delayed baggage , the air carrier shall not be liable when it has taken all reasonable measures to avoid the damage resulting from the delay of the baggage or when it was impossible to take such measures . in case of hand luggage , including personal items , the airline is only liable if the damage has resulted from its fault . ### baggage shall be deemed to be lost after 15 days . in case of baggage loss , damage or delay , the air carrier is liable for damage up to €1 300 , the compensation limit being applicable per passenger and not per piece of checked baggage , unless a higher limit has been agreed upon between the carrier and the passenger through a special declaration of interest . for damaged or lost baggage , the air carrier is not liable if the damage or loss is caused by an inherent quality or defect of the baggage . for delayed baggage , the air carrier shall not be liable when it has taken all reasonable measures to avoid the damage resulting from the delay of the baggage or when it was impossible to take such measures . in case of hand luggage , including personal items , the airline is only liable if the damage has resulted from its fault .


### a passenger can benefit from a higher liability limit by making a special declaration at the latest at check - in and by paying a supplementary fee if so required . such supplementary fee shall be based on a tariff which is related to the additional costs involved in transporting and insuring the baggage concerned over and above the liability limit of 1 131 sdrs . the tariff shall be made available to passengers upon request . disabled passengers and passengers with reduced mobility shall systematically be offered free of charge the option of making a special declaration of interest for the transportation of their mobility equipment . ### a passenger can benefit from a higher liability limit by making a special declaration at the latest at check - in and by paying a supplementary fee if so required . such supplementary fee shall be based on a tariff which is related to the additional costs involved in transporting and insuring the baggage concerned over and above the liability limit of €1 150 . the tariff shall be made available to passengers upon request . disabled passengers and passengers with reduced mobility shall systematically be offered free of charge the option of making a special declaration of interest for the transportation of their mobility equipment .


### if the baggage is damaged , delayed , lost or destroyed , the passenger must in all cases write and complain to the air carrier as soon as possible . a time limit to complain of 7 days applies in case the baggage was damaged and 21 days in case it was delayed , in both cases from the date on which the baggage was placed at the passenger ' s disposal . in order to easily meet these deadlines , the air carrier must offer passengers the possibility to fill in a complaint form at the airport . such complaint form , which may also take the form of a property irregularity report , must be accepted by the air carrier at the airport as a complaint . ### if the baggage is damaged , delayed , lost or destroyed , the passenger must in all cases write and complain to the air carrier as soon as possible . a time limit to complain of 10 days applies in case the baggage was damaged and one month in case it was delayed , in both cases from the date on which the baggage was placed at the passenger ' s disposal . in order to easily meet these deadlines , the air carrier must offer passengers the possibility to fill in a complaint form at the airport . such complaint form , which may also take the form of a property irregularity report , must be made available in all eu official languages and accepted by the air carrier at the airport as a complaint .


### the measures necessary for the implementation of this regulation should be adopted in accordance with council decision 1999 / 468 / ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission . ### the implementation of the bilateral safeguard clause of the agreement requires that uniform conditions for the adoption of provisional and definitive safeguard measures , for the imposition of surveillance measures , and for the termination of an investigation and a proceeding without measures , should be adopted by the commission . according to article 291 tfeu , rules and general principles concerning mechanisms for the control by member states of the commission ' s exercise of implementing powers shall be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure . pending the adoption of that new regulation , council decision 1999 / 468 / ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission continues to apply , with the exception of the regulatory procedure with scrutiny , which is not applicable .


### the measures necessary for the implementation of this regulation should be adopted in accordance with council decision 1999 / 468 / ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission . ### the measures necessary for the implementation of this regulation should be adopted in accordance with council decision 1999 / 468 / ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission . this regulation was submitted to european parliament and the council at a time when the review of instruments dealing with implementing powers pursuant to article 291 of the treaty on the functioning of the european union had not yet been initiated . the decision - making process provided for in the current regulation will be automatically aligned to the provisions of the regulation laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers 0083 - c7 - 0073 / 2010 – 2010 / 0051 ) .


### ' threat of serious injury ' means serious injury that is clearly imminent ; a determination of the existence of a threat of serious injury shall be based on facts and not merely on allegation , conjecture or remote possibility ; ### ' threat of serious injury ' means serious injury that is clearly imminent ; a determination of the existence of a threat of serious injury shall be based on facts and not merely on allegation , conjecture or remote possibility ; forecasts , estimations and analyses made on the basis of factors laid down in article 4 , shall inter alia , be taken into account to determine the existence of a threat of serious injury ;


### ' threat of serious injury ' means serious injury that is clearly imminent ; a determination of the existence of a threat of serious injury shall be based on facts and not merely on allegation , conjecture or remote possibility ; ### ' threat of serious injury ' means serious injury that is clearly imminent ; a determination of the existence of a threat of serious injury shall be based on facts and not merely on allegation , conjecture or remote possibility ; analyses made on the basis of factors laid down in article 4 , shall inter alia , be taken into account when determining the existence of a threat of serious injury ;


### ' threat of serious injury ' means serious injury that is clearly imminent ; a determination of the existence of a threat of serious injury shall be based on facts and not merely on allegation , conjecture or remote possibility ; ### ' threat of serious injury ' means serious injury that is clearly imminent ; a determination of the existence of a threat of serious injury shall be based on facts and not merely on allegation , conjecture or remote possibility ; forecasts , estimations and analyses made on the basis of factors laid down in article 4 , shall inter alia , be admissible to determine the existence of a threat of serious injury ;


### the member states shall inform the commission should trends in imports from the republic of korea appear to call for safeguard measures . that information shall include the evidence available as determined on the basis of factors laid down in article 4 . the commission shall pass that information on to all member states within three working days . ### the member states , or the union industry shall inform the commission should trends in imports from the republic of korea appear to call for safeguard measures . that information shall include the evidence available as determined on the basis of factors laid down in article 4 . the commission shall , within three working days , upload that information on to the online - platform referred to in article 9 , and shall send an upload notification to all member states , the union industry , and the european parliament .


### the commission may request member states to supply information and member states shall take whatever steps are necessary in order to give effect to any such request . where that information is of general interest or where its transmission was requested by a member state , the commission shall forward it to all member states provided it is not confidential . if the information is confidential the commission shall forward a non - confidential summary . ### the commission may request member states to supply information and member states shall take whatever steps are necessary in order to give effect to any such request . where that information is of general interest or where its transmission was requested by a member state , the european parliament or the union industry , the commission shall upload the information onto the online - platform provided it is not confidential . if the information is confidential the commission shall upload a non - confidential summary .


### in the investigation the commission shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the union industry , in particular , the rate and amount of the increase in imports of the product concerned in absolute and relative terms , the share of the domestic market taken by increased imports , changes in the level of sales , production , productivity , capacity utilisation , profits and losses , and employment . ### in the investigation the commission shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the union industry , in particular , the rate and amount of the increase in imports of the product concerned in absolute and relative terms , the share of the domestic market taken by increased imports , changes in the level of sales , production , productivity , capacity utilisation , stocks , prices , profits and losses , return on capital employed , cash flow , employment , and other factors which are causing or may have caused serious injury , or threaten to cause serious injury .


### interested parties which have come forward pursuant to article 3 and representatives of the republic of korea may , upon written request , inspect all information made available to the commission in connection with the investigation other than internal documents prepared by the authorities of the union or its member states , provided that that information is relevant to the presentation of their case and not confidential within the meaning of article 9 and that it is used by the commission in the investigation . interested parties which have come forward may communicate their views on the information in question to the commission . those views may be taken into consideration where they are backed by sufficient evidence . ### interested parties which have come forward pursuant to article 3 and representatives of the republic of korea may , upon written request , inspect all information made available to the commission in connection with the investigation other than internal documents prepared by the authorities of the union or its member states , provided that that information is relevant to the presentation of their case and not confidential within the meaning of article 9 and that it is used by the commission in the investigation . interested parties which have come forward may communicate their views on the information in question to the commission . those views shall be taken into consideration where they are backed by sufficient evidence .


### the commission may hear the interested parties . such parties shall be heard where they have made a written application within the period laid down in the notice published in the official journal of the european union , showing that they are actually likely to be affected by the outcome of the investigation and that there are special reasons for them to be heard orally . ### the commission shall hear interested parties . such parties shall be heard where they have made a written application within the period laid down in the notice published in the official journal of the european union , showing that they are actually likely to be affected by the outcome of the investigation and that there are reasons for them to be heard orally . the commission shall hear such parties on further occasions if there are special reasons for them to be heard again .


### provisional safeguard measures shall be applied in critical circumstances where a delay would cause damage which it would be difficult to repair , pursuant to a preliminary determination that there is clear evidence that imports of an originating good from the republic of korea have increased as the result of the reduction or elimination of a customs duty under the agreement , and such imports cause serious injury , or threat thereof , to the domestic industry . provisional measures shall be taken on the basis of the procedure referred to in article 11 . 1 . ### provisional safeguard measures shall be applied in critical circumstances where a delay would cause damage which it would be difficult to repair , pursuant to a preliminary determination on the basis of the factors laid down in article 4 that there is clear evidence that imports of an originating good from the republic of korea have increased as the result of the reduction or elimination of a customs duty under the agreement , and such imports cause serious injury , or threat thereof , to the domestic industry . provisional measures shall be taken on the basis of the procedure referred to in article 11 .


### where a member state requests immediate intervention by the commission and where the conditions in paragraph 1 are met , the commission shall take a decision within five working days of receiving the request . ### where a member state , the european parliament , or the union industry requests immediate intervention by the commission and where the conditions in paragraph 1 are met , the commission shall take a decision within five working days of receiving the request . the investigation period as set in article 4 shall start on the day the decision to apply provisional safeguard measures is taken .


### where bilateral safeguard measures are deemed unnecessary the investigation and proceeding shall be terminated on the basis of the procedure referred to in article 11 . 2 . ### where bilateral safeguard measures are deemed unnecessary the investigation and proceeding shall be terminated on the basis of the procedure referred to in article 11 . the commission shall make public , with due regard to the protection of confidential information within the meaning of article 9 , a report with a summary of the material facts and considerations relevant to the determinations .


### where the facts as finally established show that the circumstances set out in article 2 . 1 are met , a decision to impose definitive bilateral safeguard measures shall be taken in accordance with the procedure referred to in article 11 . 2 . ### where the facts as finally established show that the circumstances set out in article 2 . 1 are met , a decision to impose definitive bilateral safeguard measures shall be taken in accordance with the procedure referred to in article 11 . the commission shall make public , with due regard to the protection of confidential information within the meaning of article 9 , a report with a summary of the material facts and considerations relevant to the determination .


### the commission shall be assisted by the committee provided for in article 4 of council regulation no 260 / 2009 on the common rules for imports . article 4 of council regulation no 260 / 2009 shall apply mutatis mutandis . ### the commission shall be assisted by the committee provided for in article 4 of council regulation no 260 / 2009 on the common rules for imports .


### the sst support programme should be financed by the union in accordance with regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union . union funding for the sst support programme should be drawn from relevant programmes provided for in the multiannual financial framework for 2014 - 2020 . ### the sst support programme should be financed by the union in accordance with regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union . the maximum amount of union funding for the sst support programme should be eur 70 million in current prices . it should primarily be drawn from the programmes dedicated to space policy in the multiannual financial framework for 2014 - 2020 , i . e . egnos / galileo and copernicus , preferably through specific budget lines under these programmes . in certain cases , contributions from the internal security fund and the horizon 2020 programme should also be possible but should be strictly limited to actions provided for in their basic acts , related to the protection of critical infrastructure and to space and security research respectively . any increase in the union contribution should be sought for among galileo and copernicus programmes .


### the commission shall : manage the funds to be drawn to the sst support programme and ensure the implementation of the sst support programme ; take the measures necessary to identify , control , mitigate and monitor risks associated with the programme ; establish , in cooperation with the european external action service , the necessary coordination mechanisms to ensure the security of the programme . ### the commission shall : manage the funds to be drawn to the sst support programme and ensure the implementation of the sst support programme while providing transparency and clarity regarding the different sources of funding ; take the measures necessary to identify , control , mitigate and monitor risks associated with the programme ; establish , in cooperation with the european external action service , the necessary coordination mechanisms to ensure the security of the programme .


### the european union satellite centre shall participate in the implementation of the objective set out in point of article 3 and shall be eligible for financial contribution from the sst support programme subject to the conclusion of the agreement referred to in article 10 . ### subject to a change of its basic act , the european union satellite centre shall participate in the implementation of the objective set out in point of article 3 and shall be eligible for financial contribution from the sst support programme subject to the conclusion of the agreement referred to in article 10 .


### union funding for the sst support programme shall be drawn from other programmes provided for in the multiannual financial framework for 2014 - 2020 in full compatibility with their legal base . the relevant programmes from which funding could be drawn include the programmes established by the following acts : regulation no [ &#8230 ; ] of the european parliament and the council on the implementation and exploitation of european satellite navigation systems articles 1 , 3 and and 4 ; council decision no [ … ] establishing the specific programme implementing horizon 2020 , article 2 and , annex part ii , point 1 . 6 . 2 and annex part iii , point 6 . 3 . 4 ; regulation no [ … ] of the european parliament and the council establishing , as part of the internal security fund , the instrument for financial support for police cooperation , preventing and combating crime , and crisis management , article 3 and . ### the maximum union contribution to the sst support programme shall be eur 70 million for 2014 - 2020 in current prices , to be drawn primarily and in equivalent proportions from the programmes established by the following acts : regulation no [ &#8230 ; ] of the european parliament and the council on the implementation and exploitation of european satellite navigation systems , articles 1 , 3 and and 4 ; regulation no [ … ] of the european parliament and the council establishing the copernicus programme , article 5 . part of the contribution may also , to a limited extent and in accordance with their basic acts , be drawn from the programmes established by regulation no [ … ] of the european parliament and the council establishing , as part of the internal security fund , the instrument for financial support for police cooperation , preventing and combating crime , and crisis management , article 3 and and by council decision no [ … ] establishing the specific programme implementing horizon 2020 , article 2 and , annex part ii , point 1 . 6 . 2 and annex part iii , point 6 . 3 . 4 .


### the annual appropriations shall be authorised by the budgetary authority within the limits foreseen for this activity under the programmes from which funding has been drawn . ### the annual appropriations shall be authorised by the budgetary authority within the limits foreseen for this activity under the programmes from which funding has been drawn . any increase in the union contribution shall be sought among galileo and copernicus programmes .


### the commission shall monitor the implementation of the sst support programme . ### the commission shall monitor the implementation of the sst support programme and inform annually the european parliament and the council .


### the financial transfers to the european agricultural fund for rural development provided for in articles 134 , 135 and 136 of regulation no 73 / 2009 relate to the 2007 - 2013 multi - annual financial perspectives . however , calendar year 2013 corresponds to financial year 2014 falling under the next multi - annual financial framework which permanently sets out the amounts available for rural development programming . consequently , such financial transfers should be abolished . ### the financial transfers to the european agricultural fund for rural development provided for in articles 134 and 135 of regulation no 73 / 2009 relate to the 2007 - 2013 multi - annual financial perspectives . however , calendar year 2013 corresponds to financial year 2014 falling under the next multi - annual financial framework which permanently sets out the amounts available for rural development programming . consequently , such financial transfers should be abolished .


### articles 134 , 135 and 136 are deleted . ### articles 134 and 135 are deleted .


### diversity of competences and views of the members of administrative , management and supervisory bodies of companies facilitates a good understanding of the business organisation and affairs . it enables members of these bodies to exercise a constructive challenge of the management decisions and to be more open to innovative ideas , addressing the similarity of views of members , the ' group - think ' phenomenon . it contributes thus to effective oversight of the management and a successful governance of the company . it would therefore be important to enhance transparency regarding the diversity policy companies have in place . this would inform the market of corporate governance practices and thus put indirect pressure on companies to have more diversified boards . ### diversity of competences and views of the members of administrative , management and supervisory bodies of companies , including gender diversity , facilitates a good understanding of the business organisation and affairs . it has been acknowledged that gender diversity , especially in top positions , contributes to corporate governance , quality of decision - making and to the company ' s performance . moreover , board diversity represents a benefit for the companies as board composition reflects demographic characteristics of key stakeholder groups such as employees , customers and investors . furthermore , it enables members of these bodies to exercise a constructive challenge of the management decisions and to be more open to innovative ideas , addressing the similarity of views of members , the ' group - think ' phenomenon . it contributes thus to effective oversight of the management and a successful governance of the company . it would therefore be important to enhance transparency and to harmonise issues relating to the diversity policy , especially gender diversity , companies have in place . this would inform the market of corporate governance practices and thus put indirect pressure on companies to have more diversified boards .


### a description of the company ' s diversity policy for its administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background , the objectives of this diversity policy , how it has been implemented and the results in the reporting period . if the company has no such policy , the statement shall contain a clear and reasoned explanation as to why this is the case . ### a description of the company ' s diversity policy for its administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background , the objectives of this diversity policy , how it has been implemented and the results in the reporting period . effective monitoring of equal opportunities anti - discrimination and diversity in the workplace is an important part of improved human capital management and equality practice . if the company has no such policy , the statement shall contain a clear and reasoned explanation as to why this is the case .


### it is crucial to make clear to manufacturers and users that by affixing the ce marking to the product , the manufacturer declares that the product is in conformity with all applicable requirements and takes full responsibility thereof . ### by affixing the ce marking to the product , manufacturers should take full responsibility for the product being in conformity with the applicable requirements . manufacturers and users should be given more information about this in order to achieve the objectives of ce marking .


### manufacturers shall ensure that the product is accompanied by instructions and safety information in a language or languages which can be easily understood by consumers and other end - users , as determined by the member state concerned . ### manufacturers shall ensure that the product is accompanied by instructions and safety information in a language or languages which can be easily understood by consumers and other end - users in the member states in which they place their products on the market . that language is to be determined by the member state concerned .


### having regard to the need of ensuring appropriate monitoring , by the member states as well as by the commission , of the implementation of financial engineering instruments , inter alia in order to allow the member states to provide appropriate information to the commission on the type of instruments put in place and on the relevant actions undertaken by such instruments on the ground , it is necessary to introduce a provision on reporting . this would also allow the commission to better assess the overall performance of financial engineering instruments . ### having regard to the need to ensure appropriate monitoring , by the member states as well as by the commission , of the implementation of financial engineering instruments , in order , inter alia , to allow the member states to provide appropriate information to the commission on the type of instruments put in place and on the relevant actions undertaken by such instruments on the ground , it is necessary to introduce a provision on reporting . this would also allow the commission to better assess the overall performance of financial engineering instruments and to provide a summary of the progress at union and member state level .


### in order to ensure compliance with article 61 of the council regulation 1605 / 2002 on the financial regulation applicable to the general budget of the european communities , it is necessary to require that the statement of expenditure to be submitted to the commission shall provide all information necessary for the commission to produce accounts which give a true image of the union ' s assets and of budgetary implementation . ### in order to ensure compliance with article 61 of the council regulation 1605 / 2002 on the financial regulation applicable to the general budget of the european communities , it is necessary to require that the statement of expenditure to be submitted to the commission shall provide all information necessary for the commission to produce accounts which give a true image of the union ' s assets and of budgetary implementation . to this effect , an attachment to each statement of expenditure shall include information on the amount of total expenditure paid in establishing financial engineering instruments and on the advances paid to the beneficiaries in the context of state aid . the format of the attachment is defined in the annex iva to regulation 1083 / 2006 for the purpose of legal security and consistency . however , the practical implementation of the collection of data necessary for this purpose shall be conducted at national level and , as far as the applicable legal framework allows it , it should not result in a modification of national computer systems .


### the following article 67a is inserted : ### in the first subparagraph of article 67 the following point is added :


### the statement of expenditure to be submitted to the commission shall provide all the information necessary for the commission to produce accounts in accordance with article 61 of the regulation 1605 / 2002 . for the purpose of defining the uniform conditions of application of this article , the commission shall be empowered to adopt implementing acts according to article 291 of the treaty on the functioning of the european union . ' ### an attachment to each statement of expenditure to be submitted to the commission , in the format set out in annex iva , shall indicate the following information in relation to the amount of total expenditure included therein : as regards financial engineering instruments as defined in article 44 , the total expenditure paid in establishing or contributing to such funds or holding funds and the corresponding public contribution ; as regards advances paid under article 78 in the context of state aid , the total expenditure paid in the form of advances to the beneficiaries by the body granting the aid and the corresponding public contribution . '


### the commission shall implement the budget in the following ways : by its departments , by union delegations in accordance with the second paragraph of article 53 , or through executive agencies referred to in article 59 ; indirectly , in shared management with member states or by entrusting budget implementation tasks to : third countries or the bodies they have designated ; international organisations and their agencies ; financial institutions entrusted with the implementation of financial instruments pursuant to title viii ; the european investment bank and the european investment fund or any other subsidiary of the bank ; bodies referred to in articles 200 and 201 ; public law bodies or bodies governed by private law with a public service mission as far as these latter provide adequate financial guarantees ; bodies governed by private law of a member state , entrusted with the implementation of a public and private partnership and providing adequate financial guarantees ; persons entrusted with the implementation of specific actions pursuant to title v of the treaty on the european union , and identified in the relevant basic act within the meaning of article 51 of this regulation . ### the commission shall implement the budget in the following ways : by its departments , by union delegations in accordance with the second paragraph of article 53 , or through executive agencies referred to in article 59 ; indirectly , in shared management with member states or , subject to a specific provision in the basic act which also sets out , other than in the cases referred to in points and , the type of implementing partners and types of operations , by entrusting certain specified budget implementation tasks to : third countries or the bodies they have designated ; international organisations and their agencies ; the european investment bank and the european investment fund ; bodies referred to in articles 200 and 201 ; public law bodies or bodies governed by private law with a public service mission as far as these latter provide adequate financial guarantees ; persons entrusted with the implementation of specific actions in the cfsp pursuant to title v of the treaty on the european union , and identified in the relevant basic act within the meaning of article 51 of this regulation . the commission shall remain responsible for the implementation of the budget pursuant to article 317 tfeu and shall inform the european parliament on the operations carried out by the entities listed under points to . the financial statement referred to in artice 27 of this regulation shall provide a full statement of reasons for the choice of a particular entity listed under points to .


### member states and entities and persons listed under point of paragraph 1 shall not have the status of authorising officer by delegation . ### the financing decision to be annexed to the annual activity report referred to in article 63 shall specify the objective pursued , the expected results , the methods of implementation and the total amount of the financing plan . it shall also contain a description of the actions to be financed and an indication of the amount allocated to each action , and an indicative implementation timetable . in the case of indirect management , it shall also specify the implementing partner chosen , the criteria used and the tasks entrusted to it .


### for measuring the tar , nicotine and carbon monoxide yields of cigarettes , reference should be made to iso standards 4387 , 10315 and 8454 , which are internationally recognised standards . for other emissions there are no internationally agreed standards or tests for quantifying the yields , but efforts are ongoing to develop them . ### for measuring the tar , nicotine and carbon monoxide yields of cigarettes , reference should be made to iso standards 4387 , 10315 and 8454 , which are internationally recognised standards . for other emissions there are no internationally agreed standards or tests for quantifying the yields , which is why no provisions on measuring can currently be adopted for other emissions of cigarettes and for tobacco products other than cigarettes .


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


### member states shall prohibit the use of the following additives in tobacco products : ### the use of the following additives and flavourings in tobacco products and their components shall be prohibited :


### each unit packet of tobacco products and any outside packaging shall carry health warnings in the official language or languages of the member state where the product is placed on the market . ### each unit packet of tobacco products and any outside packaging , with the exception of the transparent cellophane used in retail sales , shall carry health warnings in the official language or languages of the member state where the product is placed on the market .


### the health warnings shall in no way hide or interrupt the tax stamps , price marks , tracking and tracing marks , or security features on unit packets . ### the health warnings shall in no way hide or interrupt the tax stamps , which shall be placed at the opening of the packaging of tobacco products , price marks , tracking and tracing marks , or security features on unit packets .


### member states shall not increase the size of the health warnings including by introduction of an obligation to surround the health warnings by a border . the actual size of the health warnings shall be calculated in relation to the surface on which they are placed before the unit packet is opened . ### member states may increase the size of the health warnings including by introduction of an obligation to surround the health warnings by a border . the actual size of the health warnings shall be calculated in relation to the surface on which they are placed before the unit packet is opened .


### each unit packet and any outside packaging of tobacco for smoking shall carry the following information message : ### the tar , nicotine and carbon monoxide yields of cigarettes measured in accordance with article 4 shall be printed on one side of the cigarette packet in the official language or languages of the member state where the product is placed on the market , so that at least 10 % of the corresponding surface is covered . that percentage shall be raised to 12 % for member states with two official languages and to 15 % for member states with three official languages .


### include smoking cessation information such as phone numbers , e - mail addresses and / or internet sites designed to inform consumers about the programmes available to support those who want to stop smoking ; ### include smoking cessation information such as phone numbers , e - mail addresses and / or internet sites designed to inform consumers about the programmes available to support those who want to stop smoking ; those platforms designed to inform consumers about the programmes available to support those who want to stop smoking should play active role in promoting knowledge on the severe effects of smoking among children and youth as those most at risk of becoming dependent on tobacco ;


### the general warning shall be printed on the most visible surface of the unit packet and any outside packaging . the text warnings listed in annex i shall be rotated in such a way as to guarantee their regular appearance . these warnings shall be printed on the other most visible surface of the unit packet and any outside packaging . ### the general warning shall be printed on one of the principal fields of vision on the outside packaging . alternatively , the warning may be affixed in the form of a label , provided that the label cannot be removed . the text warnings listed in annex i shall be rotated in such a way as to guarantee their regular appearance . these warnings shall be printed on the other principal field of vision on the outside packaging .


### each unit packet and any outside packaging of smokeless tobacco products shall carry the following health warning : ### each unit packet and any outside packaging of smokeless tobacco products , other than electronic inhalers that vaporise a liquid solution simulating the act of smoking , shall carry the following health warning :


### this tobacco product can damage your health and is addictive ### this tobacco product can damage your health and is addictive , but presents substantially lower risks to your health than smoking


### the unique identifier shall allow determining : ### the unique identifier , which is secure and impossible to duplicate , shall allow determining


### in addition to the unique identifier , member states shall require that all unit packets of tobacco products which are placed on the market carry a visible , tamper proof security feature of at least 1 cm² , which shall be irremovably printed or affixed , indelible and in no way hidden or interrupted in any form , including through tax stamps and price marks , or other elements mandated by legislation . ### in addition to the unique identifier , member states shall require that all unit packets of tobacco products which are placed on the market carry a visible , tamper proof security feature of at least 1 cm² , which shall be irremovably printed or affixed , indelible and in no way hidden or interrupted in any form . in those member states where tax stamps are applied on tobacco products and the tax stamps applied comply with the requirements above , no additional security feature is required .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ publications office , please insert the exact date : entry into force + 18 months ] at the latest . they shall forthwith communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ publications office , please insert the exact date : entry into force + 18 months ] and in the case of article 6 by [ publications office , please insert the exact date : entry into force + 36 months ] at the latest . they shall forthwith communicate to the commission the text of those provisions .


### proposal for a regulation of the european parliament and of the council establishing a european banking authority ### proposal for a regulation of the european parliament and of the council establishing a european supervisory authority


### the european system of financial supervisors should be a network of national and community supervisory authorities , leaving day - to - day supervision of financial institutions at the national level , and according a central role in the supervision of cross - border groups to colleges of supervisors . greater harmonisation and the coherent application of rules for financial institutions and markets across the community should also be achieved . a european banking authority should be established , along with a european insurance and occupational pensions authority and a european securities and markets authority . ### the european system of financial supervisors should be a network of national and community supervisory authorities , leaving day - to - day supervision of financial institutions that do not have an eu dimension to the national level . colleges of supervisors should exert supervision over cross - border institutions that do not have an eu dimension . the authority should gradually take over supervision of institutions with an eu dimension . greater harmonisation and the coherent application of rules for financial institutions and markets across the community should also be achieved . a european banking authority should be established , along with a european supervisory authority and a european supervisory authority as well as a european supervisory authority . the european systemic risk board shall form part of a european system of financial supervision .


### in areas not covered by technical standards , the authority should have the power to issue non - binding guidelines and recommendations on the application of community legislation . in order to ensure transparency and strengthen compliance by national supervisory authorities with those guidelines and recommendations , national authorities should be obliged to state their reasons where they do not comply with those guidelines and recommendations . ### in areas not covered by technical standards , the authority should have the power to issue guidelines and recommendations on the application of eu legislation . in order to ensure transparency and strengthen compliance by national supervisory authorities with those guidelines and recommendations , national authorities should be obliged to state their reasons where they do not comply with those guidelines and recommendations publicly in order to be fully transparent with market participants . in areas not covered by technical standards , the authority should establish and promulgate best practices .


### where the national authority does not comply with the recommendation , the commission should be empowered to address a decision to the national supervisory authority concerned in order to ensure compliance with community law , creating direct legal effects which can be invoked before national courts and authorities and enforced under article 226 of the treaty . ### where the national authority does not comply with the recommendation within a deadline fixed by the authority , the authority should address a decision without delay to the national supervisory authority concerned in order to ensure compliance with eu law , creating direct legal effects which can be invoked before national courts and authorities and enforced under article 258 of the treaty .


### serious threats to the orderly functioning and integrity of financial markets or the stability of the financial system in the community require a swift and concerted response at community level . the authority should therefore be able to require national supervisory authorities to take specific actions to remedy an emergency situation . as the determination of an emergency situation involves a significant degree of discretion , this power should be conferred on the commission . to ensure an effective response to the emergency situation , in the event of inaction by the competent national supervisory authorities , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial institutions in areas of community law directly applicable to them aimed at mitigating the effects of the crisis and restoring confidence in the markets . ### serious threats to the orderly functioning and integrity of financial markets or the stability of the financial system in the union require a swift and concerted response at union level . the authority should therefore be able to require national supervisory authorities to take specific actions to remedy an emergency situation . the european systemic risk board should establish when there is an emergency situation . to ensure an effective response to the emergency situation , in the event of inaction by the competent national supervisory authorities , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial institutions in areas of union law directly applicable to them aimed at mitigating the effects of the crisis and restoring confidence in the markets .


### in order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different member states , the authority should be able to settle disagreements between those competent authorities with binding effect , including within colleges of supervisors . a conciliation phase should be provided for , during which the competent authorities may reach an agreement . the authority ' s competence should cover disagreements on procedural obligations in the cooperation process as well as on the interpretation and application of community law in supervisory decisions . existing conciliation mechanisms provided for in sectoral legislation have to be respected . in the event of inaction by the national supervisory authorities concerned , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial institutions in areas of community law directly applicable to them . ### in order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different member states , the authority should be able to settle disagreements between those competent authorities with binding effect , including within colleges of supervisors . a conciliation phase should be provided for , during which the competent authorities may reach an agreement . the authority ' s competence should cover disagreements on procedural obligations in the cooperation process as well as on the interpretation and application of union law in supervisory decisions . existing conciliation mechanisms provided for in sectoral legislation have to be respected . in the event of inaction by the national supervisory authorities concerned , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial institutions in areas of union law directly applicable to them . this also applies to disagreements within a college of supervisors .


### the delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks , foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions . the regulation should therefore provide a clear legal basis for such delegation . delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority , while the responsibility for supervisory decisions remains with the delegating authority . by delegation of responsibilities one national supervisory authority , the delegatee , shall be able to decide upon a certain supervisory matter in its name in lieu of another national supervisory authority . delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter . a reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope , of coherence in group supervision , and of optimal use of technical expertise among national supervisory authorities . relevant community legislation may further specify the principles for reallocation of responsibilities upon agreement . the authority should facilitate delegation agreements between national supervisory authorities by all appropriate means . it should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate . it should centralise the publication of such agreements to ensure timely , transparent and easily accessible information about agreements for all parties concerned . ### the delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks , foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions . the regulation should therefore provide a clear legal basis for such delegation . delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority , while the responsibility for supervisory decisions remains with the delegating authority . by delegation of responsibilities one national supervisory authority , the delegatee , shall be able to decide upon a certain supervisory matter in its name in lieu of the authority or in lieu of another national supervisory authority . delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter . a reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope , of coherence in group supervision , and of optimal use of technical expertise among national supervisory authorities . relevant eu legislation may further specify the principles for reallocation of responsibilities upon agreement . the authority should facilitate and monitor delegation agreements between national supervisory authorities by all appropriate means . it should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate . it should centralise the publication of such agreements to ensure timely , transparent and easily accessible information about agreements for all parties concerned . it should identify and promulgate best practices regarding delegation and delegation agreements .


### peer reviews are an efficient and effective tool for fostering consistency within the network of financial supervisors . the authority should therefore develop the methodological framework for such reviews and conduct them on a regular basis . reviews should focus not only on convergence of supervisory practices but also on the capacity of supervisors to achieve high quality supervisory outcomes as well as the independence of competent authorities . ### peer reviews are an efficient and effective tool for fostering consistency within the network of financial supervisors . the authority should therefore develop the methodological framework for such reviews and conduct them on a regular basis . reviews should focus not only on convergence of supervisory practices but also on the capacity of supervisors to achieve high quality supervisory outcomes as well as the independence of competent authorities . the outcome of peer reviews should be made public and best practices should be identified and also made public .


### where appropriate , the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . for reasons of efficiency , a banking stakeholder group should be established for that purpose , representing in balanced proportions community credit and investment institutions , their employees , and consumers and other retail users of banking services , including smes . the banking stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or community legislation . ### the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . before adopting draft technical standards , guidelines and recommendations the authority should carry out an impact study . for reasons of efficiency , a banking stakeholder group should be established for that purpose , representing in balanced proportions union credit and investment institutions , their employees , academia and consumers and other retail users of banking services , including smes . the banking stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or by eu legislation .


### a full time chairperson , selected by the board of supervisors through an open competition , should represent the authority . the management of the authority should be entrusted to an executive director , who should have the right to participate in meetings of the board of supervisors and the management board without the right to vote . ### a full - time chairperson , selected by the european parliament following an open competition managed by the commission and the subsequent drawing up of a short list by the commission , should represent the authority . the management of the authority should be entrusted to an executive director , who should have the right to participate in meetings of the board of supervisors and the management board without the right to vote .


### in order to ensure cross - sectoral consistency in the activities of the european supervisory authorities , those authorities should coordinate closely in a joint committee of european supervisory authorities and reach common positions where appropriate . the joint committee of european supervisory authorities should assume all of the functions of the joint committee on financial conglomerates . where relevant , acts also falling within the area of competence of the european insurance and occupational pensions authority or the european securities and markets authority should be adopted in parallel by the european supervisory authorities concerned . ### in order to ensure cross - sectoral consistency in the activities of the european supervisory authorities , those authorities should coordinate closely through the european supervisory authorities joint committee and reach common positions where appropriate . the joint committee should coordinate the functions of the three european supervisory authorities in relation to financial conglomerates . where relevant , acts also falling within the area of competence of the european supervisory authority or the european supervisory authority should be adopted in parallel by the european supervisory authorities concerned . the joint committee should be chaired on a yearly revolving basis by the chairpersons of the three european supervisory authorities . the chairperson of the joint committee should be a vice - chair of the european systemic risk board . the joint committee should have a permanent secretariat , staffed on secondment from the three european supervisory authorities , to allow for informal information - sharing and the development of a common cultural approach across the three european supervisory authorities .


### before submitting them to the commission , the authority shall , where appropriate , conduct open public consultations on technical standards and analyse the potential related costs and benefits . ### the authority shall conduct open public consultations on technical standards and analyse the potential related costs and benefits before adopting draft technical standards . the authority shall also request an opinion or advice of the banking stakeholder group referred to in article 22 .


### within three months of receipt of the draft standards , the commission shall decide whether to endorse the draft standards . the commission may extend that period by one month . the commission may endorse the draft standards only in part or with amendments where the community interest so requires . ### within three months of receipt of the draft standards , the commission shall decide whether to endorse , reject or amend the draft standards . the commission may extend that period by one month . the commission shall inform the european parliament and the council of its decision , stating the reasons .


### the competent authorities shall make every effort to comply with those guidelines and recommendations . ### within two months of the issuance of a guideline or recommendation , each competent authority shall decide whether it intends to comply with that guideline or recommendation . in the event that it does not intend to comply , it shall inform the authority , stating reasons . the authority shall publish those reasons .


### where the competent authority has not complied with community law within one month from receipt of the authority ' s recommendation , the commission may , after having been informed by the authority or on its own initiative , take a decision requiring the competent authority to take the action necessary to comply with community law . ### where the competent authority has not complied with eu law within the 10 working days set out in paragraph 3 from receipt of the authority ' s recommendation , the authority shall take a decision requiring the competent authority to take the action necessary to comply with eu law .


### the commission shall take such a decision no later than three months from the adoption of the recommendation . the commission may extend this period by one month . ### the authority shall take such a decision no later than one month from the adoption of the recommendation .


### the commission shall ensure that the right to be heard of the addressees of the decision is respected . ### the authority shall ensure that the right to be heard of the addressees of the decision is respected .


### the authority and the competent authorities shall provide the commission with all necessary information . ### the competent authorities shall provide the authority with all necessary information .


### the competent authority shall , within ten working days of receipt of the decision referred to in paragraph 4 , inform the commission and the authority of the steps it has taken or intends to take to implement the commission ' s decision . ### the competent authority shall , within ten working days of receipt of the decision referred to in paragraph 4 , inform the commission and the authority of the steps it has taken or intends to take to implement the authority ' s decision .


### without prejudice to the powers of the commission under article 226 of the treaty , where a competent authority does not comply with the decision referred to in paragraph 4 of this article within the period of time specified therein , and where it is necessary to remedy in a timely manner the non compliance by the competent authority in order to maintain or restore neutral conditions of competition in the market or ensure the orderly functioning and integrity of the financial system , the authority may , where the relevant requirements of the legislation referred to in article 1 are directly applicable to financial institutions , adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under community law including the cessation of any practice . ### without prejudice to the powers of the commission under article 258 of the treaty , where a competent authority does not comply with the decision referred to in paragraph 4 of this article within the period of time specified therein , and where it is necessary to remedy in a timely manner the non compliance by the competent authority in order to maintain or restore neutral conditions of competition in the market or ensure the orderly functioning and integrity of the financial system , the authority shall , pursuant to the legislation referred to in article 1 , adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under union law including the cessation of any practice .


### the decision of the authority shall be in conformity with the decision adopted by the commission pursuant to paragraph 4 . ### the decision of the authority shall be in conformity with the decision adopted pursuant to paragraph 4 .


### in the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the community , the commission , upon its own initiative or following a request by the authority , the council , or the esrb , may adopt a decision addressed to the authority , determining the existence of an emergency situation for the purposes of this regulation . ### in the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the community , the esrb , upon its own initiative or following a request by the authority , the council , the european parliament or the commission , may issue a warning declaring the existence of an emergency situation in order to enable the authority without further requirements to adopt the individual decisions referred to in paragraph 3 .


### without prejudice to the powers laid down in article 9 , where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas where the legislation referred to in article 1 requires cooperation , coordination or joint decision making by competent authorities from more than one member state , the authority , at the request of one or more of the competent authorities concerned , may assist the authorities in reaching an agreement in accordance with the procedure set out in paragraph 2 . ### without prejudice to the powers laid down in article 9 , where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas where the legislation referred to in article 1 requires cooperation , coordination or joint decision making by competent authorities from more than one member state , the authority , on its own initiative or at the request of one or more of the competent authorities concerned , shall take the lead in assisting the authorities in reaching an agreement in accordance with the procedure set out in paragraphs 2 to 4 .