### the adoption of this directive makes it necessary to adapt certain consumer protection acts . taking into account that directive 2011 / 83 / eu of the european parliament and the council of 25 october 2011 on consumer rights26 in its current form does not apply to contracts covered by directive 90 / 314 / eec , it is necessary to amend directive 2011 / 83 / eu to ensure that it applies to assisted travel arrangements and that certain consumer rights laid down in that directive also apply to packages . __________________ 26 oj l 304 , 22 . 11 . 11 , p . 64 ### the adoption of this directive makes it necessary to adapt certain consumer protection acts . taking into account that directive 2011 / 83 / eu of the european parliament and the council of 25 october 2011 on consumer in its current form does not apply to contracts covered by directive 90 / 314 / eec , it is necessary to amend directive 2011 / 83 / eu to ensure that it continues to apply to individual travel services that form part of a linked travel arrangement , insofar as these individual services are not otherwise excluded from the scope of directive 2011 / 83 / eu and that certain consumer rights laid down in that directive also apply to packages . __________________ 26 oj l 304 , 22 . 11 . 11 , p . 64 .


### this directive is to contribute to the proper functioning of the internal market and to the achievement of a high level of consumer protection by approximating certain aspects of the laws , regulations and administrative provisions of the member states in respect of contracts on package travel and assisted travel arrangements concluded between travellers and traders . ### this directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection as regards the laws , regulations and administrative provisions of the member states in respect of contracts on package travel and linked travel arrangements concluded between travellers and traders .


### accommodation other than for residential purpose , ### accommodation for residential purposes , on condition that it is not provided for periods exceeding one month or clearly serves no touristic purpose ,


### ' assisted travel arrangement ' means a combination of at least two different types of travel services for the purpose of the same trip or holiday , not constituting a package , resulting in the conclusion of separate contracts with the individual travel service providers , if a retailer facilitates the combination : ### „geassisteerd reisarrangement” : ‘ assisted travel arrangement’ means a combination of at least two different types of travel services for the purpose of the same trip or holiday , not constituting a package , resulting in the conclusion of separate contracts with the individual travel service providers after the conclusion of the first contract with the trader concerning a travel service , if the trader or a retailer facilitates the combination :


### ' organiser ' means a trader who combines and sells or offers for sale packages , either directly or through another trader or together with another trader ; where more than one trader meets any of the criteria referred to in point of paragraph 2 , all of those traders are considered as organisers , unless one of them is designated as organiser and the traveller is informed accordingly ; ### the ' organiser ' is defined as a trader or other person who combines and sells / offers for sale packages , either directly or through / together with another trader . where more than one trader meets any of the criteria referred to in point of paragraph 2 , all of those traders are considered as organisers , unless one of them is designated as organiser and the traveller is informed accordingly ;


### member states shall ensure that , before the traveller is bound by any package travel contract or any corresponding offer , the organiser and , where the package is sold through a retailer , also the retailer shall provide the traveller with the following information where applicable to the package : ### member states shall ensure that , before the traveller is bound by any package travel contract or any corresponding offer , the organiser shall provide the traveller with the following information where applicable to the package :


### the means , characteristics and categories of transport , the points , dates and time of departure and return or , where the exact time is not yet determined , the approximate time of departure and return , the duration and places of intermediate stops and transport connections ; ### an indication of the characteristics and categories of the means of passenger transport to be used in the course of implementing the travel package , in particular the means of transport to be used for departure and return , expected places and dates / times of departure and return , and place and duration of individual parts of stay ;


### the location , main features and tourist category of the accommodation ; ### the location and main features of the accommodation and the tourist category awarded to it by the body with competence for the place in which the accommodation is located ;


### whether access for persons with reduced mobility is guaranteed throughout the trip or holiday ; ### upon request , whether access for persons with a certain degree of reduced mobility is guaranteed throughout the trip or holiday ;


### the total price of the package inclusive of taxes and , where applicable , of all additional fees , charges and other costs or , where those costs cannot reasonably be calculated in advance , the fact that the traveller may have to bear such additional costs ; ### the total price of the package inclusive of taxes and , where applicable , of all additional fees , charges and other costs or , where those costs cannot reasonably be calculated in advance , the fact that the traveller may have to bear such additional costs ; the total price must be presented in the form of a detailed invoice setting out all the costs of the travel service in a transparent manner , in particular the costs of booking alteration , cancellation or other changes to travel services ; this invoice must be available to the traveller no later than the time of departure ;


### the minimum number of persons required for the package to take place and a time - limit of at least 20 days before the start of the package for the possible cancellation if that number is not reached ; ### where appropriate , the minimum number of persons required for the package to take place and the time - limit referred to in article 10 before the start of the package for the possible cancellation if that number is not reached ;


### the information referred to in paragraph 1 shall be provided in a clear and prominent manner . ### the information referred to in paragraph 1 shall be provided in clear and intelligible form .


### the information referred to in paragraph 2 shall be provided in a clear and prominent manner . ### the information referred to in paragraph 2 shall be provided in a clear , comprehensible and prominent manner .


### member states shall ensure that the organiser may not change the information made known to the traveller pursuant to points , , , and of article 4 , unless the organiser reserves the right to make changes to that information and communicates any changes to the traveller in a clear and prominent manner before the conclusion of the contract . ### the information made known to the traveller pursuant to points , , , and of article 4 shall form an integral part of the package travel contract and shall not be altered unless the contracting parties expressly agree otherwise .


### if the information on additional charges , fees or other costs referred to in point of article 4 is not provided prior to the conclusion of the contract , the traveller shall not bear those fees , charges or other costs . ### if the information on additional charges , fees or other costs referred to in point of article 4 is not provided in writing prior to the conclusion of the contract , the traveller shall not bear those fees , charges or other costs . however , if the travel organiser draws attention to this and informs the traveller accordingly , the traveller should be obliged to bear the costs .


### the contract or the confirmation of the contract shall include all the information referred to in article 4 . it shall include the following additional information : ### the text of the contract or the confirmation of the contract shall set out the full content of the contract and in particular the information pursuant to article 4 which has become an integral part of the contract . the text of the contract or confirmation of the contract shall also include the following additional information :


### where minors travel on a package that includes accommodation , information enabling direct contact with the minor or the person responsible at the minor ' s place of stay ; ### where minors travel unaccompanied by their parents or legal guardians on a package that includes accommodation , information enabling direct contact with the minor or the person responsible at the minor ' s place of stay by a parent or legal guardian ;


### in good time before the start of the package , the organiser shall provide the traveller with the necessary receipts , vouchers or tickets , including information on the precise times of departure , intermediate stops , transport connections and arrival . ### in good time before the start of the package , the organiser shall provide the traveller with the following information : necessary receipts , vouchers or tickets , including information on the precise times of departure , intermediate stops , transport connections and arrival ; the details of a contact point where the traveller can complain about any lack of conformity which he perceives on the spot ; the name , geographical address , telephone number and e - mail address of the organiser ' s local representative or contact point whose assistance a traveller in difficulty could request or , where no such representative or contact point exists , an emergency telephone number or the indication of other ways of contacting the organiser .


### member states shall ensure that a traveller may , after giving the organiser reasonable notice on a durable medium before the start of the package , transfer the contract to a person who satisfies all the conditions applicable to that contract . ### member states shall ensure that a traveller may , after giving the organiser notice on a durable medium within a maximum of seven days before the start of the package , transfer the contract to a person who satisfies all the conditions applicable to that contract .


### in the cost of fuel for the carriage of passengers , ### in transportation costs , including the cost of fuel ,


### the price increase referred to in paragraph 1 shall not exceed 10% of the price of the package . ### the price increase referred to in paragraph 1 shall not exceed 5% of the price of the package . organisers shall be required to provide the relevant information , while travellers shall enjoy the rights set out under article 9 .


### the price increase referred to in paragraph 1 shall not exceed 10% of the price of the package . ### if the price increase referred to in paragraph 1 exceeds 10% of the price of the travel , the organiser shall be subject to the requirements to provide information and the traveller shall have the rights provided for by article 9 .


### the price increase referred to in paragraph 1 shall be valid only if the organiser notifies the traveller of it with a justification and calculation on a durable medium at the latest 20 days prior to the start of the package . ### the price increase referred to in paragraph 1 shall be valid only if the organiser , without undue delay , notifies the traveller clearly and comprehensibly on a durable medium at the latest 20 days prior to the start of the package : of the price increase with a justification and calculation , and b ) of the fact that the traveller may terminate the contract without penalty within a specified reasonable time - limit and that otherwise the price increase will be considered as accepted .


### if , before the start of the package , the organiser is constrained to alter significantly any of the main characteristics of the travel services as defined in point of article 4 or special requirements as referred to in point of article 6 , the organiser shall without undue delay inform the traveller in a clear and prominent manner on a durable medium of : ### if , before the start of the package , the organiser is constrained to alter significantly any of the main characteristics of the travel services as defined in point of article 4 or special requirements as referred to in point of article 6 or to increase the price of the package by more than 10% of the contractual price , the organiser shall without undue delay inform the traveller in a clear and prominent manner on a durable medium of :


### if the contract is terminated pursuant to point of paragraph 2 , the organiser shall refund all payments received from the traveller within fourteen days after the contract is terminated . the traveller shall , where appropriate , be entitled to compensation in accordance with article 12 . ### if the contract is terminated pursuant to point of paragraph 2 , the organiser shall refund all payments received from the traveller within fourteen days after the contract is terminated , including payments for ancillary services booked through the organiser , such as travel insurance , cancellation insurance or additional activities on the spot booked in advance . the traveller shall , where appropriate , be entitled to compensation in accordance with article 12 .


### member states shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser . the contract may specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services . + - in the absence of standardised termination fees , the amount of the compensation shall correspond to the price of the package minus the expenses saved by the organiser . ### member states shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser . the contract may specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services . in the absence of standardised termination fees , the amount of the compensation shall correspond to the price of the package minus the expenses saved by the organiser . at the request of the client , the organiser shall submit a detailed calculation of the compensation amount , including the amount of standardised fees .


### where a significant proportion of the services cannot be provided as agreed in the contract , the organiser shall make suitable alternative arrangements , at no extra cost to the traveller , for the continuation of the package , including where the traveller ' s return to the place of departure is not provided as agreed . ### where a significant proportion of the services representing at least 20% of the total contract price or constituting an essential feature of the trip or holiday cannot be provided as agreed in the contract , the organiser shall make suitable alternative arrangements , at no extra cost to the traveller , for the continuation of the package , including where the traveller ' s return to the place of departure is not provided as agreed


### where a significant proportion of the services cannot be provided as agreed in the contract , the organiser shall make suitable alternative arrangements , at no extra cost to the traveller , for the continuation of the package , including where the traveller ' s return to the place of departure is not provided as agreed . ### where a significant proportion of the services cannot be provided as agreed in the contract , the organiser and / or the retailer shall make suitable alternative arrangements , at no extra cost to the traveller , for the continuation of the package , including where the traveller’s return to the place of departure is not provided as agreed .


### if it is impossible for the organiser to offer suitable alternative arrangements or the traveller does not accept the alternative arrangements proposed because they are not comparable to what was agreed in the contract , the organiser shall , insofar as the package includes the carriage of passengers , provide the traveller at no extra cost with equivalent transport to the place of departure or to another place to which the traveller has agreed and shall , where appropriate , compensate the traveller in accordance with article 12 . ### if it is impossible for the organiser to offer suitable alternative arrangements or the traveller does not accept the alternative arrangements proposed because they are not comparable to what was agreed in the contract , the organiser shall , insofar as the package includes the carriage of passengers , provide the traveller at no extra cost with equivalent transport to the place of departure or to another place to which the traveller has agreed and shall , where the services agreed in the contract have not been provided , compensate the traveller in accordance with article 12 . reimbursements shall be made within 14 days .


### the limitation of costs referred to in paragraph 5 shall not apply to persons with reduced mobility , as defined in regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28 , and any person accompanying them , pregnant women and unaccompanied children , as well as persons in need of specific medical assistance , provided the organiser has been notified of their particular needs at least 48 hours before the start of the package . the organiser may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable union legislation . __________________ 28 oj l 204 , 26 . 7 . 2006 , p . 1 . ### if unavoidable and extraordinary circumstances arise , particular attention shall be paid to persons with reduced mobility . as far as he or she is able , the organiser shall take account of the individual needs of persons with reduced mobility .


### any right to compensation or price reduction under this directive shall not affect the rights of travellers under regulation no 261 / 200429 , regulation no 1371 / 200730 , regulation no 1177 / 201031 and regulation no 181 / 201132 . travellers shall be entitled to present claims under this directive and under those regulations , but may not , in relation to the same facts , cumulate rights under different legal bases if the rights safeguard the same interest or have the same objective . __________________ 29 oj l 46 , 17 . 2 . 2004 , p . 1 . 30 oj l 315 , 3 . 12 . 2007 , p . 14 . 31 oj l 334 , 17 . 2 . 2010 , p . 1 . 32 oj l 55 , 28 . 2 . 2011 , p . 1 . ### any right to compensation or price reduction under this directive shall not affect the rights of travellers under regulation no 261 / 200429 , regulation no 1371 / 200730 , regulation no 1177 / 201031 and regulation no 181 / 201132 . travellers shall be entitled to present claims under this directive and under those regulations , in particular claims for additional compensation . rights under different legal bases which relate to the same facts may not be cumulated . __________________ 29 oj l 46 , 17 . 2 . 2004 , p . 1 . 30 oj l 315 , 3 . 12 . 2007 , p . 14 . 31 oj l 334 , 17 . 2 . 2010 , p . 1 . 32 oj l 55 , 28 . 2 . 2011 , p . 1 .


### member states shall ensure that the organiser gives prompt assistance to the traveller in difficulty , in particular by : ### member states shall ensure that the organiser gives prompt assistance to the traveller in difficulty – including in the circumstance referred to in article 11 – in particular by :


### the organiser shall be able to charge a reasonable fee for such assistance if the situation is caused by the traveller ' s negligence or intent . ### the organiser shall be able to charge a reasonable fee for such assistance .


### member states shall ensure that organisers and retailers facilitating the procurement of assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and , insofar as carriage of passengers is included , for the travellers ' effective and prompt repatriation in the event of insolvency . ### member states shall ensure that organisers and retailers facilitating the procurement of package travel and linked travel arrangements obtain a security for the effective and immediate refund of all payments made by travellers and , insofar as carriage of passengers is included , for the travellers ' repatriation in the event of insolvency or insolvency of one of the undertakings involved in providing linked travel arrangements . where this is possible , continuation of the trip shall be offered .


### if a member state has doubts about the insolvency protection of an organiser or of a retailer facilitating the procurement of assisted travel arrangements which is established in a different member state and is operating on its territory , it shall seek clarification from the member state of establishment . member states shall respond to requests from other member states at the latest within 15 working days of receiving them . ### if a member state has doubts about the insolvency protection of an organiser or of a retailer facilitating the procurement of linked travel arrangements which is established in a different member state , it shall seek clarification from the member state of establishment . member states shall respond to requests from other member states at the latest within 15 working days of receiving them .


### where the organiser is established outside the eea , the retailer established in a member state shall be subject to the obligations laid down for organisers in chapters iv and v , unless the retailer provides evidence that the organiser complies with chapters iv and v . ### where the organiser is established outside the eea , the retailer established in a member state shall be subject to the obligations laid down for organisers in chapters iv and v , unless the retailer provides evidence that the organiser complies with chapters iv and v . where such an organiser acts as retailer , existing liability for compensation in respect of the breach of other aspects of the contractual duty of care shall no longer apply . these provisions shall be without prejudice to other national retailer liability rules .


### in cases where an organiser or , in accordance with articles 15 or 18 , a retailer pays compensation , grants price reduction or meets the other obligations incumbent on it under this directive , no provision of this directive or of national law may be interpreted as restricting its right to seek redress from any third parties which contributed to the event triggering compensation , price reduction or other obligations . ### in cases where an organiser or , in accordance with articles 15 or 18 , a retailer pays compensation , grants price reduction or meets the other obligations incumbent on him or her under this directive , member states shall ensure that the organiser or retailer has the right to seek redress from any third parties which contributed to the event triggering compensation , price reduction or other obligation . 2 . the right to seek redress referred to in paragraph 1 shall also include the right of organisers and retailers to seek redress from travel services providers where an organiser or retailer is obliged to pay a compensation to a traveller under this directive and the traveller at the same time has a right to compensation under other applicable union law , including but not restricted to regulation 261 / 2004 and regulation 1371 / 2007 . that right to seek redress may not be restricted in a contract . 3 . member states shall ensure that any restrictions on the right to seek redress referred to in paragraph 1 are reasonable and proportionate , in accordance with the applicable national law .


### in cases where an organiser or , in accordance with articles 15 or 18 , a retailer pays compensation , grants price reduction or meets the other obligations incumbent on it under this directive , no provision of this directive or of national law may be interpreted as restricting its right to seek redress from any third parties which contributed to the event triggering compensation , price reduction or other obligations . ### in cases where an organiser or , in accordance with articles 11 , 12 , 15 or 18 , a retailer pays compensation , grants price reduction or meets the other obligations incumbent on it under this directive , member states shall ensure that it has a right to seek redress from any third parties which contributed to the event triggering compensation , price reduction or other obligations .


### directive 90 / 314 / ec is repealed as of [ 18 months after the entry into force of this directive ] . ### directive 90 / 314 / ec is repealed as of [ 24 months after the entry into force of this directive ] .


### they shall apply those provisions from [ 18 months after the entry into force of this directive ] . ### they shall apply those provisions from [ 24 months after the entry into force of this directive ] .


### are a member of or a participant in a regulated market or mtf ; or ### are a member of or a participant in a regulated market or mtf and practise algorithmic trading ; or


### members states shall apply these measures from [ … ] except for the provisions transposing article 67 which shall apply from [ 2 years after the application date for the rest of the directive ] . ### members states shall apply these measures from . . . * except for the provisions transposing article 67 which shall apply from . . . ** . member states shall apply these measures not before . . . ** to persons whose main business is dealing on own account in commodities and / or commodity derivatives . sub - paragraph 3 of the existing directive shall apply where the persons that deal on own account in commodities and / or commodity derivatives are part of a group the main business of which is the provision of other investment services within the meaning of this directive or banking services under directive 2000 / 12 / ec ; ___________ * oj : please insert date corresponding to two years after the entry into force of this directive . * oj : please insert date corresponding to two years after the start of the general application of the provisions of this directive , in accordance with sub - paragraph 3 .


### support under this instrument and the european regional development fund should be provided for the cross - border cooperation programmes along the external borders of the european union between partner countries and member states to promote integrated and sustainable regional development between neighbouring border regions and harmonious territorial integration across the union and with neighbouring countries . ### support under this instrument and the european regional development fund should be provided for the cross - border cooperation programmes along the external borders of the european union between partner countries and member states to promote integrated and sustainable regional development between neighbouring border regions and harmonious territorial integration across the union and with neighbouring countries . in order to ensure that cross - border cooperation programmes are implemented smoothly at the external borders , it is important that the rules governing them should be harmonised with those laid down for european territorial cooperation programmes .


### the union and its member states should improve the coherence and the complementarity of their respective policies on cooperation with neighbouring countries . to ensure that the union ' s cooperation and that of the member states complement and reinforce each other , it is appropriate to provide for joint programming which should be implemented whenever possible and relevant . ### the union and its member states should improve the coherence , effectiveness and complementarity of their respective policies on cooperation with neighbouring countries . to ensure that the union ' s cooperation and that of the member states complement and reinforce each other , particularly in fields such as energy , transport , education and research , it is appropriate to provide for joint programming and financing , which should be implemented whenever possible and relevant .


### union support under this regulation shall be used for the benefit of partner countries and can also be used for the common benefit of eu and partner countries . ### union support under this regulation shall be used for the benefit of partner countries and should also be used for the common benefit of eu and partner countries .


### creating conditions for well managed mobility of people and promotion of people - to - people contacts ; ### creating conditions for well managed mobility of people and promotion of people - to - people contacts ; in this context , the development of the euro - mediterranean university should be promoted , and academic and student exchanges should be encouraged . emphasis should also be placed on the key role of cooperation between municipalities and social - partner bodies in the eu and neighbouring countries , such as that involving the euro - mediterranean regional and local assembly ;


### enhancing sub - regional , regional and neighbourhood wide collaboration as well as cross - border - cooperation . ### enhancing sub - regional , regional and neighbourhood - wide collaboration as well as cross - border cooperation ; it is especially important to develop the trans - european networks , transport infrastructure and , in particular , the ‘ motorways of the sea’ , with a view to increasing trade and facilitating mobility between european and neighbouring regions ;


### union support under this regulation shall , in principle , be established in partnership with the beneficiaries . the partnership shall involve as appropriate , national , regional and local authorities , other stakeholders , civil society , social partners and other non - state actors in preparing , implementing and monitoring union support . ### union support under this regulation shall , in principle , be established in partnership with the beneficiaries . the partnership shall involve the following partners : competent regional , local , urban and other public authorities ; economic and social partners ; bodies representing civil society , nongovernmental organisations , and bodies responsible for promoting equality and non - discrimination ; and non - state actors . the partners shall participate in the monitoring committees for programmes . the involvement of those partners shall be in accordance with the european code of conduct .


### the commission , the member states and the european investment bank shall ensure coherence between support provided under this regulation and other support provided by the union , the member states and the european investment bank . ### the commission , the member states and the european investment bank shall ensure coherence between support provided under this regulation and other support provided by the union , the member states and the european investment bank . synergy between these programmes is essential in order to mutually reinforce and achieve regional and cross - border objectives .


### the indicative allocations of funds to the joint operational programmes shall be based primarily on the population of the eligible areas . when determining the indicative allocations , adjustments may be made to reflect the need for a balance between the contributions from the european regional development fund and the contributions provided under the budget of this instrument as well as other factors affecting the intensity of cooperation , such as the specific characteristics of border areas and their capacity to manage and absorb union support . ### when determining the indicative allocations of funds to the joint operational programmes , adjustments may be made to reflect the need for a balance between the contributions from the european regional development fund and the contributions provided under the budget of this instrument as well as other factors affecting the intensity of cooperation , such as the specific characteristics of border areas and their capacity to manage and absorb union support .


### if a participating country undertakes to jointly co - finance a programme , the joint operational programme shall clarify the arrangements for providing , using and monitoring the co - financing . the related financing agreement shall be signed by all participating countries . ### if a participating country undertakes to jointly co - finance a programme , the joint operational programme shall clarify the arrangements for providing , using and monitoring the co - financing .


### in order to allow the joint operational programmes to prepare adequately for implementation , expenditure incurred after the submission of the joint operational programmes to the commission shall be eligible at the earliest from 1 january 2014 . ### in order to allow the joint operational programmes to prepare adequately for implementation , expenditure incurred shall be eligible from the date of submission of the operational programme to the commission or from 1 january 2014 , whichever is earlier .


### matters covered by the implementing rules shall include provisions on : ### matters covered by the implementing rules shall include provisions on , inter alia :


### the preparation , modification and closure of joint operational programmes ; ### the content , preparation , modification and closure of joint operational programmes ;


### the role and function of the programme structures : joint monitoring committee , managing authority and its joint technical secretariat , joint selection committees , including their standing , effective identification , accountability and responsibility , description of management and control systems , and conditions on the technical and financial management of union support , including eligibility of expenditure ; ### the role and function of the programme structures : joint monitoring committee , managing authority and its joint technical secretariat , project selection committee , including its standing , effective identification , accountability and responsibility , description of management and control systems , and conditions on the technical and financial management of union support , including eligibility of expenditure , and recovery procedures ;


### the delegation of powers referred to in article 12 and 13 shall be conferred for the period of validity of this regulation . ### the delegation of powers referred to in articles 12 , 13 and 16 shall be conferred for the period of validity of this regulation .


### in duly justified circumstances and to ensure the coherence and effectiveness of union financing or to foster regional or trans - regional cooperation , the commission may decide to extend the eligibility of actions to countries , territories and regions which otherwise would not be eligible for financing . notwithstanding the provisions of article 8 of the common implementing regulation , natural and legal persons from countries , territories and regions concerned may participate in the procedures implementing such actions . ### in duly justified circumstances , as defined in a delegated act adopted in accordance with article 14 , and to ensure the coherence and effectiveness of union financing or to foster regional or trans - regional cooperation , the commission may decide to extend the eligibility of actions to countries , territories and regions which otherwise would not be eligible for financing . notwithstanding the provisions of article 8 of the common implementing regulation , natural and legal persons from countries , territories and regions concerned may participate in the procedures implementing such actions .


### the financial envelope available for implementing this regulation over the period 2014 to 2020 shall be eur&#160 ; 18&#160 ; 182&#160 ; 300&#160 ; 000 . up to 5% of the financial envelope shall be allocated to the cross - border cooperation programmes referred to in article 6 . ### the financial envelope available for implementing this regulation over the period 2014 to 2020 shall be eur&#160 ; 18&#160 ; 182&#160 ; 300&#160 ; 000 . up to 7&#160 ; % of the financial envelope shall be allocated to the cross - border cooperation programmes referred to in point of article 6 .


### the relevant work programme may restrict the participation in horizon 2020 or parts thereof of legal entities established in third countries where conditions for the participation of legal entities from member states in the third country ' s research and innovation programmes are considered prejudicial to the union ' s interests . ### the relevant work programme may restrict the participation in horizon 2020 or parts thereof of legal entities which , by the work they do , by the objectives they pursue , or by the places in which they operate , would potentially hinder the union in fulfilling its legal obligations under international law .


### joint calls for proposals with third countries or their scientific and technological organisations and agencies or with international organisations may be launched to jointly fund actions . proposals shall be evaluated and selected through joint evaluation and selection procedures to be agreed upon . such evaluation and selection procedures shall ensure compliance with the principles set out in title vi of regulation xx / 2012 [ financial regulation ] and involve a balanced group of independent experts appointed by each party . ### joint calls for proposals with third countries or their scientific and technological organisations and agencies or with international organisations may be launched to jointly fund actions in areas of a clear european added value . proposals shall be evaluated and selected through joint evaluation and selection procedures to be agreed upon . such evaluation and selection procedures shall ensure compliance with the principles set out in title vi of regulation xx / 2012 [ financial regulation ] and involve a balanced group of independent experts appointed by each party .


### the award of subcontracts for carrying out certain elements of the action shall be limited to the cases provided for in the grant agreement . ### the award of subcontracts for carrying out certain elements of the action shall be limited to the cases provided for in the grant agreement . subcontracting rules of beneficiaries should not discriminate among member states .


### appropriate measures shall be taken to seek gender balance and geographical diversity when appointing independent experts . ### appropriate measures shall be taken to seek expertise as well as gender and geographical balance when appointing independent experts .


### the european globalisation adjustment fund was established by regulation no 1927 / 2006 of the european parliament and of the council of 20 december 2006 on establishing the european globalisation adjustment fund for the duration of the financial framework from 1 january 2007 to 31 december 2013 to enable the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to provide support for their rapid reintegration into employment . this initial objective of the egf remains valid . ### the european globalisation adjustment fund was established by regulation no 1927 / 2006 of the european parliament and of the council of 20 december 2006 on establishing the european globalisation adjustment fund for the duration of the financial framework from 1 january 2007 to 31 december 2013 to enable the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to provide support for their rapid reintegration into employment . given the current state of uncertainty in which many member states still find themselves , this initial objective of the egf remains valid , as it enables , albeit on a modest scale , individually tailored services to be provided to workers who have lost their jobs as a result of collective redundancies caused by economic globalisation , which have a major impact at business , sectoral and regional levels .


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on ' a budget for europe 2020 ' recognises the role of the egf as a flexible fund to support workers who lose their jobs and help them to find another job as rapidly as possible . the union should continue to provide , for the duration of the multiannual financial framework from 1 january 2014 to 31 december 2020 , specific , one - off support to facilitate the re - integration into employment of redundant workers in areas , sectors , territories or labour markets suffering the shock of serious economic disruption . given its purpose , which is to provide support in situations of urgency and unexpected circumstances , the egf should remain outside the multiannual financial framework . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on ' a budget for europe 2020 ' recognises the role of the egf as a flexible fund to support workers who lose their jobs and help them to find another job as rapidly as possible . the union should continue to provide , for the duration of the multiannual financial framework from 1 january 2014 to 31 december 2020 , specific , one - off support to facilitate the re - integration into employment of redundant workers in areas , sectors , territories or labour markets suffering the shock of serious economic disruption . given its purpose , which is to provide support in situations of urgency and unexpected circumstances , the egf should remain outside the multiannual financial framework , thereby equipping the union with a rapid response mechanism to provide support during unemployment crises .


### at the initiative of the applicant member state , a financial contribution may be made for the preparatory , management , information and publicity , control and reporting activities . ### at the initiative of the applicant member state , a financial contribution may be made , not exceeding 5% of the total costs , for the preparatory , management , information and publicity , control and reporting activities .


### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 50% of the total of the estimated costs referred to in article 8 or 65% of these costs in the case of applications submitted by a member state on the territory of which at least one region at nuts ii level is eligible under the ' convergence ' objective of the structural funds . the commission , in its assessment of such cases , will decide whether the 65% co - funding rate is justified . ### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 60% of the total of the estimated costs referred to in article 8 or 75% of these costs in the case of applications submitted by a member state that is receiving assistance under the european financial stabilisation mechanism or through council regulation no 332 / 2002 of 18 february 2002 establishing a facility providing medium - term financial assistance for member states ' balances of payments1 . _______________ 1 oj l 53 , 23 . 2 . 2002 , p . 1 .


### . ### it is of fundamental importance to ensure trust and confidence in the authenticity of notes and coins for citizens , companies and financial institutions . counterfeit money causes significant pecuniary and non - pecuniary damage to society , individuals and businesses in all member states as well as in third countries . it could cause consumers concerns regarding the sufficient protection of cash and the fear of receiving counterfeit notes and coins . as a consequence , consumers may prefer other means of payment instead of cash . counterfeit money could thus have repercussions for the system of circulation of money by different means of payment . the offences of counterfeiting are characterised by frequently having a cross - border dimension and connections with organised crime .


### to ensure the success of investigations and prosecution of currency counterfeiting offences , those responsible for investigating and prosecuting such offences should have access to the investigative tools used in combating organised crime or other serious crime . such tools include , for example , the interception of communications , covert surveillance including electronic surveillance , the monitoring of bank accounts and other financial investigations , taking into account , inter alia , the principle of proportionality and the nature and seriousness of the offences under investigation . ### to ensure the success of investigations and prosecution of currency counterfeiting offences , those responsible for investigating and prosecuting such offences should have access to the investigative tools used in combating organised crime or other serious crime . such tools include , for example , the interception of communications , covert surveillance including electronic surveillance , the monitoring of bank accounts and other financial investigations , taking into account , inter alia , the principle of proportionality and the nature and seriousness of the offences under investigation , in addition to the right to protection of personal data .


### ' legal person ' means any entity having legal personality under the applicable law , except for states or public bodies in the exercise of state authority and for public international organisations ; ### ‘ legal person’ means any entity having legal personality under the applicable law , except for states ;


### the fraudulent uttering of counterfeit currency ; ### the uttering of counterfeit currency ;


### the conduct referred to in paragraph 1 includes conduct in relation to notes and coins which are not yet issued , but are designed for circulation and are of a currency which is legal tender . ### the conduct referred to in paragraph 1 includes conduct in relation to notes or coins which are not yet issued , but are designed for circulation and are of a currency which is legal tender .


### if the necessary samples of suspected counterfeit notes and coins cannot be transmitted because it is necessary to retain them as evidence in criminal proceedings in order to guarantee a fair and effective trial and the right of defence of the suspected perpetrator , the national analysis centre and coin national analysis centre shall be given access to them without delay . ### if the necessary samples of suspected counterfeit notes and coins cannot be transmitted because it is necessary to retain them as evidence in criminal proceedings in order to guarantee a fair and effective trial and the right of defence of the suspected perpetrator , the national analysis centre and coin national analysis centre shall be given access to them without delay . immediately after those proceedings have been concluded , the judicial authorities shall transmit such necessary samples of each type of suspected counterfeit note to the relevant national analysis centre and each type of suspected counterfeit coin to the relevant coin national analysis centre .


### reporting by the commission and review ### reporting by the commission and review - final provisions


### an obligation to supply the competent authority regularly , and at least annually , with : information on the basis of results of emission monitoring referred to in point and other data that enables the competent authority to verify compliance with the permit conditions ; and where point of article 15 is applied , a summary of the results of emission monitoring which allows a comparison with the emission levels associated with the best available techniques ; ### an obligation to supply the competent authority regularly , and at least annually , with : information on the basis of results of emission monitoring referred to in point and other required data that enables the competent authority to verify compliance with the permit conditions ; and where point of article 15 is applied , a summary of the results of emission monitoring which allows a comparison with the emission levels associated with the best available techniques ; the competent authority may request the information referred to in point only every 24 months , provided that no serious breach of permit conditions was identified in the course of an inspection carried out .


### the competent authority shall provide the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed . ### the competent authority shall document in an annex to the permit conditions the reasons for the application of the derogation including the result of the assessment and the justification for the conditions imposed and notify this information to the commission .


### the competent authority shall provide the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed . ### the competent authority shall document the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed in the annex to the permit conditions and publish the permit conditions and the annex on the internet .


### the competent authorities shall re - assess the application of the first subparagraph as part of each reconsideration of the permit conditions pursuant to article 21 . ### the derogation shall be time limed to a maximum of five years , and the competent authorities shall re - assess the application of the first subparagraph as part of each reconsideration of the permit conditions pursuant to article 21 .


### upon definitive cessation of the activities , the operator shall assess the state of the soil and groundwater contamination by relevant hazardous substances used , produced or released by the installation . where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2 , the operator shall take the necessary measures to address that pollution so as to return the site to that state . for that purpose , the technical feasibility of such measures may be taken into account . ### upon definitive cessation of the activities , the operator shall inform the competent authority and assess the state of the soil and groundwater contamination by relevant hazardous substances used , produced or released by the installation . where the installation has caused pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2 , the operator shall take the necessary measures to address that pollution so as to return the site to that state . member states may require the operator to bring the site in a state leading to further improvements of soil and groundwater quality compared to the state established in the baseline report .


### upon definitive cessation of the activities , the operator shall assess the state of soil and groundwater contamination by relevant hazardous substances used , produced or released by the installation . where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2 , the operator shall take the necessary measures to address that pollution so as to return the site to that state . for that purpose , the technical feasibility of such measures may be taken into account . ### upon definitive cessation of the activities , the operator shall assess the state of soil and groundwater contamination by relevant hazardous substances used , produced or released by the installation . where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2 , the operator shall take the necessary measures to address that pollution so as to return the site to a state that is compatible with its current or future use approved by the competent authority when it gave its initial authorisation , taking into account the risks posed to the environment and human health . for that purpose , the technical and economic feasibility of such measures may be taken into account .


### upon definitive cessation of the activities , the operator shall assess the state of soil and groundwater contamination by relevant hazardous substances used , produced or released by the installation . where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2 , the operator shall take the necessary measures to address that pollution so as to return the site to that state . for that purpose , the technical feasibility of such measures may be taken into account . ### upon definitive cessation of the activities , the operator shall assess the state of soil and groundwater contamination by relevant hazardous substances used , produced or released by the installation and shall draw up a risk analysis . where , on the basis of that risk analysis , it is established that the installation has caused significant pollution of soil or groundwater by hazardous substances , the operator shall take the necessary measures to address that pollution so as to return the site to that state . for that purpose , the technical feasibility of such measures may be taken into account .


### the draft report shall be sent to the operator concerned and the final report shall be made publicly available in accordance with directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information within three months of the site visit taking place . ### the draft report shall be sent to the operator concerned within two months of the site visit taking place and the final report shall , three months after the site visit , be made publicly available in accordance with article 3 of directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information .


### all permits for installations containing combustion plants which had been granted an exemption as referred to in article 4 of directive 2001 / 80 / ec and which are in operation after 1 january 2016 , shall include conditions ensuring that emissions into the air from these plants do not exceed the emission limit values laid down in part 2 of annex v . ### all permits for installations containing combustion plants which had been granted an exemption as referred to in article 4 of directive 2001 / 80 / ec and which are in operation after 1 january 2016 , shall include conditions ensuring that emissions into the air from these plants do not exceed the emission limit values laid down in part 1 of annex v .


### member states shall ensure that information is made available to the commission on the implementation of this directive , on representative data on emissions and other forms of pollution , on emission limit values , on the application of best available techniques in accordance with articles 14 and 15 and on progress made concerning the development and application of emerging techniques in accordance with article 27 . member states shall make the information available in an electronic format . ### member states shall ensure that information is made available to the commission on the implementation of this directive , on representative data on emissions and other forms of pollution , on emission limit values , on derogations granted in accordance with article 15 and the reasons given therefor , on the application of best available techniques in accordance with articles 14 and 15 and on progress made concerning the development and application of emerging techniques in accordance with article 27 . member states shall make the information available in an electronic format .


### member states shall ensure that information is made available to the commission on the implementation of this directive , on representative data on emissions and other forms of pollution , on emission limit values , on the application of best available techniques in accordance with articles 14 and 15 and on progress made concerning the development and application of emerging techniques in accordance with article 27 . member states shall make the information available in an electronic format . ### member states shall ensure that information is made available to the commission on the implementation of this directive , on representative data on emissions and other forms of pollution , on emission limit values , on the application of best available techniques in accordance with articles 14 and 15 , in particular on the granting of exemptions according to article 15 paragraph 4 , and on progress made concerning the development and application of emerging techniques in accordance with article 27 . member states shall make the information available in an electronic format .


### 5 . manufacture of ceramic products by firing , in particular roofing tiles , bricks , refractory bricks , tiles , stoneware or porcelain with a production capacity exceeding 75 tonnes per day and / or with a kiln capacity exceeding 4m³ and with a setting density per kiln exceeding 300 kg / m³ ### 5 . manufacture of ceramic products by firing , in particular roofing tiles , bricks , refractory bricks , tiles , stoneware or porcelain , with a production capacity exceeding 75 tonnes per day and with a setting density per kiln exceeding 300 g / m3


### council position in the case of continuous measurements , the emission limit values set out in parts 1 and 2 shall be regarded as having been complied with if the evaluation of the measurement results indicates , for operating hours within a calendar year , that all of the following conditions have been met : no validated monthly average value exceeds the relevant emission limit values set out in parts 1 and 2 ; no validated daily average value exceeds 110 % of the relevant emission limit values set out in parts 1 and 2 ; in cases of combustion plants composed only of boilers using coal with a total rated thermal input below 50 mw , no validated daily average value exceeds 150 % of the relevant emission limit values set out in parts 1 and 2 , 95 % of all the validated hourly average values over the year do not exceed 200 % of the relevant emission limit values set out in parts 1 and 2 . ### in the case of continuous measurements , the emission limit values set out in parts 1 and 2 shall be regarded as having been complied with if the evaluation of the measurement results indicates , for operating hours within a calendar year , that all of the following conditions have been met : no validated daily average value exceeds the relevant emission values set out in part 1 and 2 ; and 95 % of all the validated hourly average values over the year do not exceed 200 % of the relevant emission limit values set out in parts 1 and 2 .


### where , for the equipment referred to in paragraph 1 , the essential requirements set out in annex i are wholly or partly laid down more specifically by other union directives , this directive shall not apply , or shall cease to apply , to that equipment in respect of such requirements from the date of implementation of those directives . ### where , for the equipment referred to in paragraph 1 , the essential requirements set out in annex i are wholly or partly laid down more specifically by other union law , this directive shall not apply , or shall cease to apply , to that equipment in respect of such requirements from the date of implementation of that union law .


### ‘ electromagnetic disturbance’ means any electromagnetic phenomenon which may degrade the performance of equipment , including , electromagnetic noise , an unwanted signal or a change in the propagation medium itself ; ### ‘ electromagnetic disturbance’ means any electromagnetic phenomenon which may degrade the performance of equipment . electromagnetic disturbance can be electromagnetic noise , an unwanted signal or a change in the propagation medium itself ;


### ‘ economic operators’ means the manufacturer , the authorised representative , the importer and the distributor ; ### ‘ economic operator’ means a manufacturer , an authorised representative , an importer or a distributor ;


### ‘ harmonised standard’ means harmonised standard as defined in article 2 of regulation no [ . . / . . ] [ on european standardisation ] ; ### ‘ harmonised standard’ means a standard as defined in article 2 of regulation no [ . . / . . ] [ on european standardisation ] ;


### member states shall take all appropriate measures to ensure that equipment is made available on the market and / or put into service only if it complies with the requirements of this directive when properly installed , maintained and used for its intended purpose . ### member states shall take all appropriate measures to ensure that equipment is made available on the market and / or put into service only if it complies with the requirements of this directive when properly installed , maintained and used for its intended purpose or for a purpose which can be reasonably foreseen .


### when placing their apparatus on the market and / or putting them into service , manufacturers shall ensure that they have been designed and manufactured in accordance with the essential requirements set out in annex i . ### when placing their apparatus on the market , manufacturers shall ensure that they have been designed and manufactured in accordance with the essential requirements set out in annex i .


### manufacturers shall draw up the technical documentation referred to in annex ii and annex iii and carry out the conformity assessment procedure referred to in article 15 or have it carried out . ### manufacturers shall draw up the technical documentation referred to in annex ii and / or annex iii respectively and carry out the conformity assessment procedure referred to in article 14 or have it carried out .


### manufacturers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the apparatus or , where that is not possible , on its packaging or in a document accompanying the apparatus . the address must indicate a single point at which the manufacturer can be contacted . ### manufacturers shall indicate their name , registered trade name or registered trade mark , their web address in a language easily understood by end - users and market surveillance authorities , and the address at which they can be contacted on the apparatus or , where that is not possible , on its packaging or in a document accompanying the apparatus . the address must indicate a single point at which the manufacturer can be contacted .


### manufacturers shall ensure that the apparatus is accompanied by instructions and other information referred to in article 18 in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned . ### manufacturers shall ensure that the apparatus is accompanied by instructions and other information referred to in article 18 in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned . such instructions and safety information as well as any labelling shall be clear , understandable and intelligible .


### manufacturers who consider or have reason to believe that apparatus which they have placed on the market and / or put into service is not in conformity with this directive shall immediately take the necessary corrective measures to bring that apparatus into conformity , to withdraw it or recall it , if appropriate . furthermore , where the apparatus presents a risk , manufacturers shall immediately inform the competent national authorities of the member states in which they made the apparatus available and / or put it into service to that effect , giving details , in particular , of the non - compliance and of any corrective measures taken . ### manufacturers who consider or have reason to believe that apparatus which they have placed on the market is not in conformity with this directive shall immediately take the necessary corrective measures to bring that apparatus into conformity , to withdraw it or recall it , if appropriate . furthermore , where the apparatus presents a risk , manufacturers shall immediately inform the competent national authorities of the member states in which they made the apparatus available to that effect , giving details , in particular , of the non - compliance and of any corrective measures taken .


### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the apparatus , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by apparatus which they have placed on the market and / or put into service . ### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the apparatus , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by apparatus which they have placed on the market .


### importers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the apparatus or , where that is not possible , on its packaging or in a document accompanying the apparatus . ### importers shall indicate their name , registered trade name or registered trade mark , their web address in a language easily understood by end - users and market surveillance authorities , and the address at which they can be contacted on the apparatus or , where that is not possible , on its packaging or in a document accompanying the apparatus .


### before making apparatus available on the market distributors shall verify that the apparatus bears the ce marking , that it is accompanied by the required documents and by instructions and other information referred to in article 18 in a language which can be easily understood by consumers and other end - users in the member state in which the apparatus is to be made available on the market and / or to be put into service , and that the manufacturer and the importer have complied with the requirements set out in article 7 and and article 9 . ### before making apparatus available on the market distributors shall verify that the apparatus bears the ce marking , that it is accompanied by the required documents and by instructions and other information referred to in article 18 in a language which can be easily understood by consumers and other end - users in the member state in which the apparatus is to be made available on the market , and that the manufacturer and the importer have complied with the requirements set out in article 7 and and article 9 .


### economic operators shall , on request , identify the following to the market surveillance authorities : ### economic operators shall , on request , specify the following to the market surveillance authorities :


### economic operators shall be able to present the information referred to in the first paragraph for a period of 10 years after they have been supplied with the apparatus and for a period of 10 years after they have supplied the apparatus . ### economic operators shall present the information referred to in the first paragraph for a period of 10 years after they have been supplied with the apparatus and for a period of 10 years after they have supplied the apparatus . economic operators shall not be required to update that information after supply is finalised .


### compliance of apparatus with the essential requirements set out in annex i shall be demonstrated by means of either of the following procedures : ### at the discretion of the manufacturer , compliance of apparatus with the essential requirements set out in annex i shall be demonstrated by means of either of the following procedures :


### the eu declaration of conformity shall have the model structure set out in annex iv to this directive and it shall be continuously updated . it shall be translated into the language or languages required by the member state in which market the apparatus is placed or made available . ### the eu declaration of conformity shall have the model structure set out in annex iv to this directive and it shall be continuously updated . it shall be translated into the language or languages required by the member state in which market the apparatus is placed or made available . upon the request of the market surveillance authorities , the economic operator shall provide a copy of the eu declaration of conformity in paper form or by electronic means .


### member states shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies , including compliance with article 26 . ### member states shall designate a single notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies , including compliance with article 26 .


### where the market surveillance authorities of one member state have taken action pursuant to article 20 of regulation no 765 / 2008 , or where they have sufficient reason to believe that an apparatus covered by this directive presents a risk to aspects of public interest protection covered by this directive , they shall carry out an evaluation in relation to the apparatus concerned covering all the requirements laid down in this directive . the relevant economic operators shall cooperate as necessary with the market surveillance authorities . ### where the market surveillance authorities of one member state have taken action pursuant to article 20 of regulation no 765 / 2008 , or where they have sufficient reason to believe that an apparatus covered by this directive presents a risk to aspects of public interest protection covered by this directive , they shall carry out an evaluation in relation to the apparatus concerned covering all the relevant requirements laid down in this directive . the relevant economic operators shall cooperate as necessary with the market surveillance authorities .


### failure of the apparatus to meet the requirements relating to aspects of public interest protection covered by this directive ; ### failure of the apparatus to meet the requirements relating to aspects of public interest protection covered by this directive ; or


### where , within 2 months of receipt of the information referred to in paragraph 4 , no objection has been raised by either a member state or the commission in respect of a provisional measure taken by a member state , that measure shall be deemed justified . ### where , within three months of receipt of the information referred to in paragraph 4 , no objection has been raised by either a member state or the commission in respect of a provisional measure taken by a member state , that measure shall be deemed justified .


### member states shall ensure that appropriate restrictive measures are taken in respect of the apparatus concerned without delay . ### member states shall ensure that appropriate restrictive measures are taken in respect of the apparatus concerned , such as withdrawal of the apparatus from their market , without delay .


### member states shall lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are enforced . ### member states shall build upon existing mechanisms to ensure correct application of the regime governing the ce marking and shall take appropriate action in the event of improper use of the marking . member states shall lay down rules on penalties applicable to infringements by economic operators of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are enforced . such rules may include criminal penalties for serious infringements .


### the penalties provided for shall be effective , proportionate and dissuasive . ### the penalties referred to in the first paragraph shall be effective , proportionate to the seriousness of the offence , and dissuasive .


### member states shall notify those provisions to the commission by [ the date set out in the second subparagraph of article 43 ] at the latest and shall notify it without delay of any subsequent amendment affecting them . ### member states shall notify those provisions to the commission by [ the date set out in the second subparagraph of article 43 ] and shall notify it without delay of any subsequent amendment affecting them . the commission shall make those provisions publicly available by publishing them on the internet .


### member states shall communicate to the commission the texts of the main provisions of national law which they adopt in the field covered by this directive . ### member states shall communicate to the commission the texts of the main provisions of national law which they adopt in the field covered by this directive . the commission shall make those texts publicly available by publishing them on the internet .


### growth in traffic has resulted in increased congestion on international transport corridors . in order to ensure the international mobility of goods and passengers , the capacity of the trans - european transport network and the use of this capacity should be optimised and , if necessary , expanded by removing infrastructure bottlenecks and bridging missing infrastructure links within and between member states . ### growth in traffic has resulted in increased congestion on international transport corridors . this situation is encountered in particular in new member states because of underdeveloped infrastructure . in order to ensure the international mobility of goods and passengers , the capacity of the trans - european transport network and the use of this capacity should be optimised and , if necessary , expanded by removing infrastructure bottlenecks and bridging missing infrastructure links within and between member states .


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


### projects of common interest should demonstrate a clear european added value . cross - border projects typically have high european added value , but may have lower direct economic effects compared to purely national projects . therefore , they are likely not to be implemented without union intervention . ### projects of common interest should demonstrate a clear european added value . cross - border projects typically have high european added value , and cross - border transport links could have direct economic effects on the regions . therefore , as a matter of priority , there should be union intervention to support cross - border projects .


### intelligent transport systems are necessary to provide the basis for optimising of traffic and transport operations and improving related services . ### intelligent transport systems are necessary to provide the basis for optimising of traffic and transport operations and improving related services , as well as helping to improve traffic safety and the safety of transport operations .


### the trans - european transport network , thanks to its large scale , should provide the basis for the large - scale deployment of new technologies and innovation , which , for example , can help enhance the overall efficiency of the european transport sector and curb its carbon footprint . this will contribute towards the europe 2020 strategy and the transport white paper ' s target of a 60% cut in greenhouse gas emissions by 2050 and at the same time contribute to the objective of increasing fuel security for the union . ### the trans - european transport network , thanks to its large scale , should provide the basis for the large - scale deployment of new technologies and innovation , which , for example , can help enhance the overall efficiency of the european transport sector , increase transport safety and security and curb its carbon footprint . this will contribute towards the europe 2020 strategy and the transport white paper ' s target of a 60% cut in greenhouse gas emissions by 2050 and at the same time contribute to the objective of increasing fuel security for the union .


### in order to achieve a high - quality and efficient transport infrastructure across all modes the guidelines should contain provisions regarding the security and safety of passengers and freight movements , the impact of climate change and of potential natural and man - made disasters on infrastructure and accessibility for all transport users . ### in order to achieve a high - quality and efficient transport infrastructure across all modes the guidelines should contain provisions regarding the security and safety of passengers and freight movements , the economic , social and environmental impact on regions in which the respective infrastructure projects are located , and the impact of climate change and of potential natural and man - made disasters on infrastructure and accessibility for all transport users .


### in order to achieve a high - quality and efficient transport infrastructure across all modes the guidelines should contain provisions regarding the security and safety of passengers and freight movements , the impact of climate change and of potential natural and man - made disasters on infrastructure and accessibility for all transport users . ### in order to achieve a high - quality and efficient transport infrastructure across all modes the guidelines should contain provisions regarding the security and safety of passengers and freight movements , the impact of climate change and of potential natural and man - made disasters on infrastructure through the establishment of alternative safe routes and their interconnection at regional level and greater accessibility for all transport users .


### the core network should be a subset of the comprehensive network overlaying it . it should represent the strategically most important nodes and links of the trans - european transport network , according to traffic needs . it should be multi - modal , i . e . include all transport modes and their connections as well as relevant traffic and information management systems . ### the core network should be a subset of the comprehensive network overlaying it . it should represent the strategically most important nodes and links of the trans - european transport network , according to traffic needs and the economic and social needs of the regions and countries in which they are located . it should be multi - modal , i . e . include all transport modes and their connections as well as relevant traffic and information management systems .


### designing the right governance structure and identifying the sources of financing for complex cross - border projects would be eased by creating corridor platforms for such core network corridors . european coordinators should facilitate the coordinated implementation of the core network corridors . ### designing the right governance structure and identifying the sources of financing for complex cross - border projects , through public investment and by attracting private capital , would be eased by creating corridor platforms for such core network corridors . european coordinators should facilitate the coordinated implementation of the core network corridors .


### provide appropriate accessibility of all regions of the union , thereby promoting social , economic and territorial cohesion and supporting inclusive growth . ### provide appropriate accessibility of all regions of the union , thereby promoting social , economic and territorial cohesion and supporting inclusive growth , including by reducing interregional transport infrastructure disparities .


### a transport infrastructure that reflects the specific situations in different parts of the union and provides for a balanced coverage of european regions , including outermost regions and other peripheral ones ; ### a transport infrastructure that reflects the specific situations in different parts of the union and provides for a balanced coverage of all european regions , including regions of the new member states , outermost regions and other peripheral ones ;


### improvement and maintenance of existing transport infrastructure ; ### improvement and maintenance of existing transport infrastructure or rebuilding of transport infrastructure which has deteriorated ;


### core network corridors are an instrument to facilitate the coordinated implementation of the core network . core network corridors shall be based on modal integration , interoperability , as well as on a coordinated development and management of infrastructure , in order to lead to resource - efficient multimodal transport . ### core network corridors are an instrument to facilitate the coordinated implementation of the core network . core network corridors shall be based on modal integration , interoperability , as well as on a coordinated development and management of infrastructure , in order to lead to resource - efficient multimodal transport . the infrastructure of the core network corridors shall be developed in such a way as to make bottleneck - free national and cross - border use possible and bring about sustainable environmental improvements .


### the programme should be implemented in full respect of the principle of transparency and with a reasonable balance between its different objectives . appropriate actions covered by the programme ' s specific objectives and with a clear eu added value should be selected and funded by the programme . the annual work programmes should set out , in particular , the essential selection criteria applicable to the potential beneficiaries , in accordance with the financial regulation , in order to ensure they have the financial and operational capacity to undertake activities financed under the programme , and , where appropriate , the evidence required to demonstrate their independence . ### the programme should be implemented in full respect of the principle of transparency . the way the budget is allocated between objectives should be proportional to the benefits we may expect regarding the improvement of european citizens ' health . appropriate actions covered by the programme ' s specific objectives and with a clear eu added value should be selected and funded by the programme . the annual work programmes should set out , in particular , the essential selection criteria applicable to the potential beneficiaries , in accordance with the financial regulation , in order to ensure they have the financial and operational capacity to undertake activities financed under the programme , and , where appropriate , the evidence required to demonstrate their independence .


### to identify , disseminate and promote the up - take of validated best practices for cost - effective prevention measure by addressing the key risk factors , namely smoking , abuse of alcohol and obesity , as well as hiv / aids , with a focus on the cross border dimension , in order to prevent diseases and promote good health . ### to identify , disseminate and promote the up - take of validated best practices for cost - effective prevention measure by addressing the key risk factors , namely smoking , abuse of alcohol , obesity and drugs , as well as hiv / aids , with a focus on the cross border dimension , in order to prevent diseases and promote good health .


### actions having a clear eu added value co - financed by other public or private bodies , as referred to in article 8 , including international organisations active in the area of health and for the latter , where appropriate without previous call for proposal , duly justified in the annual work programmes ; ### actions having a clear eu added value co - financed by other public or private bodies , as referred to in article 8 , including international organisations active in the area of health and for the latter , where appropriate without previous call for proposal , duly justified in the annual work programmes , in accordance with the eu financial regulations and its implementing rules ;


### they are non - governmental , non - profit - making , independent of industry , commercial and business or other conflicting interests ; ### they are non - governmental , non - profit - making , independent of industry , commercial , business , political or other conflicting interests ;


### the actions co - financed by international organisations active in the area of health without previous call for proposal duly justified . ### the actions co - financed by international organisations active in the area of health without previous call for proposal duly justified , in accordance with the eu financial regulations and its implementing rules .


### simplification is a central aim of horizon 2020 which should be fully reflected in its design , rules , financial management and implementation . horizon 2020 should aim to attract the strong participation of universities , research centres , industry and specifically smes and be open to new participants , as it brings together the full range of research and innovation support in one common strategic framework , including a streamlined set of forms of support and uses rules for participation with principles applicable to all actions under the programme . simpler funding rules should reduce the administrative costs for participation and will contribute to a reduction of financial errors . ### simplification is a central aim of horizon 2020 which should be fully reflected in its design , rules , financial management and implementation . horizon 2020 should aim to attract the strong participation of universities , research centres , industry and specifically smes , as well as civil society , and be open to new participants , as it brings together the full range of research and innovation support in one common strategic framework , including a streamlined set of forms of support and uses rules for participation with principles applicable to all actions under the programme . simpler funding rules should reduce the administrative costs for participation and will contribute to a reduction of financial errors .


### with the aim of deepening the relationship between science and society and reinforcing public confidence in science , horizon 2020 should favour an informed engagement of citizens and civil society on research and innovation matters by promoting science education , by making scientific knowledge more accessible , by developing responsible research and innovation agendas that meet citizens ' and civil society ' s concerns and expectations and by facilitating their participation in horizon 2020 activities . ### with the aim of deepening the relationship between science and society and reinforcing public confidence in science , horizon 2020 should favour an informed engagement of citizens and civil society on research and innovation matters by promoting participatory research , science education , by making scientific knowledge more accessible , by developing responsible research and innovation agendas that meet citizens ' and civil society ' s concerns and expectations and by facilitating their participation in horizon 2020 activities .


### for the implementation of horizon 2020 , account shall be taken of advice and inputs provided by : advisory groups of independent , high level experts set up by the commission ; dialogue structures created under international science and technology agreements ; forward looking activities ; targeted public consultations ; and transparent and interactive processes that ensure responsible research and innovation is supported . ### for the implementation of horizon 2020 , account shall be taken of advice and inputs provided by : advisory groups of independent , high level experts set up by the commission ; dialogue structures created under international science and technology agreements ; forward looking activities ; targeted public consultations including ngos and other civil society groups and transparent and interactive processes that ensure responsible research and innovation is supported .


### a fully functional european bio - economy – encompassing the sustainable production of renewable resources from land and aquatic environments and their conversion into food , biobased products and bioenergy as well as the related public goods - will generate high european added value . managed in a sustainable manner , it can reduce the environmental footprint of primary production and the supply chain as a whole . it can increase their competitiveness and provide jobs and business opportunities for rural and coastal development . the food security , sustainable agriculture , and overall bio - economy – related challenges are of a european and global nature . actions at union level are essential to bring together clusters to achieve the necessary breadth and critical mass to complement efforts made by a single or groups of member states . a multi - actor approach will ensure the necessary cross - fertilising interactions between researcher , businesses , farmers / producers , advisors and end - users . the union level is also necessary to ensure coherence in addressing this challenge across sectors and with strong links to relevant union policies . coordination of research and innovation at union level will stimulate and help to accelerate the required changes across the union . ### a fully functional european bio - economy – encompassing the sustainable production of renewable resources from land and aquatic environments and their conversion into food , biobased products and bioenergy as well as the related public goods - will generate high european added value . managed in a sustainable manner , it can reduce the environmental footprint of primary production and the supply chain as a whole . it can increase their competitiveness and provide jobs and business opportunities for rural and coastal development . the food security , sustainable agriculture , and overall bio - economy – related challenges are of a european and global nature . actions at union level are essential to bring together clusters to achieve the necessary breadth and critical mass to complement efforts made by a single or groups of member states . a multi - actor approach will ensure the necessary cross - fertilising interactions between researcher , businesses , farmers / producers , advisors and end - users . special efforts should be made to ensure that farmers and their representative organisations take part in knowledge exchange activities and play a role in setting research priorities . researchers should receive incentives to participate in knowledge exchange activities , even if these concern already existing research . the union level is also necessary to ensure coherence in addressing this challenge across sectors and with strong links to relevant union policies . coordination of research and innovation at union level will stimulate and help to accelerate the required changes across the union .


### despite its legal existence as defined in directives 2009 / 72 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in electricity and 2009 / 73 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in natural gas , the internal market in energy remains fragmented due to insufficient interconnections between national energy networks . union - wide integrated networks however are vital for ensuring a competitive and well functioning integrated market for promoting growth , employment and sustainable development . ### despite its legal existence as defined in directives 2009 / 72 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in electricity and 2009 / 73 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in natural gas , the internal market in energy remains fragmented due to insufficient interconnections between national energy networks . union - wide integrated networks , with effectively separated supply and production activities from network operations however are vital for ensuring a competitive and well functioning integrated market for promoting growth , employment and sustainable development .


### the project involves at least two member states , either by directly crossing the border of one or more member states or by being located on the territory of one member state and having a significant cross - border impact as set out in point 1 of annex iv ; © ### the project involves at least two member states , either by directly crossing the border of one or more member states or by being located on the territory of one member state and having a significant cross - border impact as set out in point 1 of annex iv , or serving to link island and outlying regions with central regions of the union ;


### – interoperability and secure system operation ; ### security of supply , for example through interoperability and secure and reliable system operation ;


### when a project of common interest encounters significant implementation difficulties , the commission may designate a european coordinator for a period of up to one year renewable twice . ### when a project of common interest encounters significant implementation difficulties , the commission may , after agreement with the member states concerned , designate a european coordinator for a period of up to one year renewable twice .


### in deciding to allocate costs across borders , the economic , social and environmental costs and benefits of the project in the member states concerned and the possible need for financial support shall be taken into account . ### in deciding to allocate costs across borders , the economic , social and environmental costs and benefits of the project in the member states concerned , in particular for the functioning of the internal market , and the possible need for financial support shall be taken into account .