### in order to allow the provisions of this directive to be adapted to scientific and technical progress on the basis of best available techniques , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the adaptation of certain parts of annexes v , vi and vii to such scientific and technical progress . in the case of waste incineration plants and waste co - incineration plants , this may include the establishment of criteria to allow derogations from continuous monitoring of total dust emissions . it is of particular importance that the commission consult experts during its preparatory work , in accordance with the commitments made in the commission communication of 9 december 2009 on the implementation of article 290 of the treaty on the functioning of the european union . ### in order to allow the provisions of this directive to be adapted to scientific and technical progress on the basis of best available techniques , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the adaptation of certain parts of annexes v , vi and vii to such scientific and technical progress . in the case of waste incineration plants and waste co - incineration plants , this may inter alia include the establishment of criteria to allow derogations from continuous monitoring of total dust emissions . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level .


### measurement methodology , frequency and evaluation procedure ; and ### measurement methodology , frequency and evaluation procedure or equivalent methods ; and


### 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 first subparagraph including the result of the assessment and the justification for the conditions imposed and notify this information to the commission .


### where the activity involves the use , production or release of relevant hazardous substances and having regard to the possibility of soil and groundwater contamination at the site of the installation , the operator shall prepare and submit to the competent authority a baseline report before starting operation of an installation or before a permit for an installation is updated for the first time after …* . ### where the activity involves the use , production or release of significant amounts of relevant hazardous substances and having regard to the possibility of soil and groundwater contamination at the site of the installation , the operator shall prepare and submit to the competent authority a baseline report before starting operation of an installation or before a permit for an installation is updated for the first time after …* . in cases where provisions regarding water and soil protection are already being implemented at national level , member states shall not draft a baseline report .


### during the period from 1 january 2016 to 31 december 2023 , combustion plants may be exempted from compliance with the emission limit values referred to in article 30 and with the rates of desulphurisation referred to in article 31 , where applicable , and from their inclusion in the transitional national plan referred to in article 32 provided that the following conditions are fulfilled : ### during the period from 1 january 2016 to 31 december 2020 , combustion plants may be exempted from compliance with the emission limit values referred to in article 30 and with the rates of desulphurisation referred to in article 31 , where applicable , and from their inclusion in the transitional national plan referred to in article 32 provided that the following conditions are fulfilled :


### 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 kiln capacity exceeding 4m3 and with a setting density per kiln exceeding 300 kg / m3


### decisions on the bat conclusions shall be adopted in accordance with the regulatory procedure referred to in article 75 . ### following consultation of the forum , decisions on the bat conclusions shall be adopted in accordance with the regulatory procedure referred to in article 75 . this paragraph shall apply to the adoption and review of bat reference documents following the entry into force of this directive .


### where the activity involves the use , production or release of relevant hazardous substances and having regard to the possibility of soil and groundwater contamination at the site of the installation , the operator shall prepare and submit to the competent authority a baseline report before starting operation of an installation or before a permit for an installation is updated for the first time after …* ### where the activity involves the use , production or release of significant amounts of relevant hazardous substances and having regard to the possibility of soil and groundwater contamination at the site of the installation , the operator shall prepare and submit to the competent authority a baseline report before starting operation of an installation or before a permit for an installation is updated for the first time after …*


### emission limit values shall , however , not exceed the emission limit values set out in annexes v to viii , where applicable . ### emission limit values shall , however , not exceed the minimum requirements for emission limit values set out in accordance with article 13 or , where applicable , in annexes to this directive . when considering granting derogations , member states shall ensure that national emission ceilings pursuant to directive 2001 / 81 / ec are not exceeded . in any event , no significant pollution should be caused and a high level of protection of the environment taken as a whole should be achieved . member states shall ensure that the members of the public concerned are given early and effective opportunities to participate in the decision - making process relating to the granting of the derogation referred to in this paragraph .


### 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 .


### ' poultry ' means poultry as defined in point 1 of article 2 of council directive 90 / 539 / eec of 15 october 1990 on animal health conditions governing intra - community trade in , and imports from third countries of , poultry and hatching eggs ; ### ' poultry ' means poultry as defined in point 1 of article 2 of council directive 90 / 539 / eec of 15 october 1990 on animal health conditions governing intra - community trade in , and imports from third countries of , poultry and hatching eggs , excluding poultry of the quail species ;


### 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 ;


### “for the fulfilment of its pharmacovigilance tasks , it shall be assisted by the pharmacovigilance risk assessment advisory committee referred to in article 56 . ” ### ‘ for the fulfilment of its pharmacovigilance tasks , it shall be assisted by the pharmacovigilance risk - benefit assessment advisory committee referred to in article 56 . ’


### in order to ensure the availability of the necessary expertise and resources for pharmacovigilance assessments at community level , it is appropriate to create a new scientific committee within the agency , the pharmacovigilance risk assessment advisory committee . that committee should be composed of independent scientific experts with competence in the safety of medicines including the detection , assessment , minimisation and communication of risk , and the design of post - authorisation safety studies and pharmacovigilance audit . ### in order to ensure the availability of the necessary expertise and resources for pharmacovigilance assessments at community level , it is appropriate to create a new scientific committee within the agency , the pharmacovigilance risk - benefit assessment advisory committee . that committee should be composed of independent scientific experts with competence in the safety of medicines including the detection , assessment , minimisation and communication of risk , and the design of post - authorisation safety studies and pharmacovigilance audit .


### competition in terms of market power of different operators and the convergence of prices between different member states ; ### competition in terms of market power of different operators and the convergence of prices , especially those affecting households , between different member states ;


### project promoters shall , in addition , publish relevant information by other appropriate information means , to which the public has open access . ### project promoters shall , in addition , publish relevant information by other appropriate information means , to which the public has easy access free of charge .


### when ranking projects contributing to the implementation of the same priority , due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of market integration and competition , sustainability and security of supply , the number of member states affected by each project , and its complementarity with regard to other proposed projects . for projects falling under the category set out in point 1 of annex ii , due consideration shall also be given to the number of users affected by the project , the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users . ### when ranking projects contributing to the implementation of the same priority , due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of market integration and competition , sustainability and security of supply , the number of member states affected by each project , and its complementarity with regard to other proposed projects . for projects falling under the category set out in point 1 of annex ii , due consideration shall also be given to the number and situation of users affected by the project , especially ordinary consumers , the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users .


### the project displays economic , social and environmental viability ; and ### the project displays economic , social and environmental viability , in particular for the functioning of the internal market ; and


### in an increasingly integrated internal energy market , clear and transparent rules for cost allocation across borders are necessary in order to accelerate investment in cross - border infrastructure . the european council of 4 february 2011 recalled the importance to promote a regulatory framework attractive to investment in networks , with tariffs set at levels consistent with financing needs and the appropriate cost allocation for cross - border investments , while enhancing competition and competitiveness , notably of european industry , and taking account of the impact on consumers . ### in an increasingly integrated internal energy market , clear and transparent rules for cost allocation across borders are necessary in order to accelerate investment in cross - border infrastructure for the benefit of union businesses and consumers . the european council of 4 february 2011 recalled the importance to promote a regulatory framework attractive to investment in networks , with tariffs set at levels consistent with financing needs and the appropriate cost allocation for cross - border investments , while enhancing competition and competitiveness , notably of european industry , and taking account of the impact on consumers .


### when ranking projects contributing to the implementation of the same priority , due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of market integration and competition , sustainability and security of supply , the number of member states affected by each project , and its complementarity with regard to other proposed projects . for projects falling under the category set out in point 1 of annex ii , due consideration shall also be given to the number of users affected by the project , the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users . ### when ranking projects contributing to the implementation of the same priority , due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of market integration and competition , sustainability and security of supply , the number of member states affected by each project , and its complementarity with regard to other proposed projects . for projects falling under the category set out in point 1 of annex ii , due consideration shall also be given to the number and situation of users affected by the project , especially households , the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users .


### suppliers of groundhandling services and self - handling airport users shall ensure that all their employees involved in the provision of groundhandling services , including managing staff and supervisors , regularly attend specific and recurrent training to enable them to perform the tasks assigned to them . ### suppliers of groundhandling services and self - handling airport users shall ensure that all their employees involved in the provision of groundhandling services , including managing staff and supervisors , regularly attend occupational and recurrent training , harmonised at european level , to enable them to perform the tasks assigned to them and to prevent accidents and injuries . a competent european institution in cooperation with the competent authorities in the member states , airport operators and social partners shall set ambitious and binding minimum standards to ensure the highest quality for education and training of employees in the groundhandling sector . these standards shall be regularly updated and developed in order to contribute to the quality of operations in terms of reliability , resilience , safety and security , and to create a level playing field among operators . the competent authorities in the member states shall monitor compliance with education and training standard using appropriate means . until the required standards are met at the respective airport , the accreditation of service providers concerned shall be suspended , withdrawn or withheld . this procedure serves to maintain the safety in the european air traffic . at the expense of the groundhandling service provider concerned and self - handling airport users , recurrent training may be ordered .


### the commission shall submit a report to the european parliament and the council on the implementation of this regulation not later than 5 years after the date of application of this regulation . the report shall in particular assess any significant impact on the quality of groundhandling services , employment and working conditions . the report shall include the following set of indicators and criteria for a sample of airports : ### the commission shall submit a report to the european parliament and the council on the implementation of this regulation not later than 3 years after the date of application of this regulation . the report shall in particular assess the impact on the quality of groundhandling services as well as employment and working conditions . the report shall examine the following indicators and criteria :


### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing groundhandling services ; ### member states should ensure that the staff of undertakings providing groundhandling services enjoys an adequate level of social protection , as well as decent working conditions , also in the case of subcontracting and in the context of service contracts . if competent authorities in the member state find that gaps in protection exist or that rules are being breached , the accreditation of service providers concerned may be suspended , withdrawn or withheld , until the appropriate standard has been attained again ;


### ambiguity exists as to whether member states may require the takeover of staff upon a change of provider for groundhandling services to which access is limited . discontinuity of staff can have a detrimental effect on the quality of groundhandling services . it is therefore appropriate to clarify the rules on the takeover of staff beyond the application of directive 2001 / 23 / ec on transfers of undertakings enabling member states to ensure adequate employment and working conditions . ### it should be clarified and ensured how member states may require without any ambiguity the takeover of staff upon a change of provider for groundhandling services . discontinuity of staff has a detrimental effect on the quality of groundhandling services . it is therefore urgently necessary to clarify and , if necessary , amend the rules on the transfer of staff via the correspondent application of directive 2001 / 23 / ec on transfers of undertakings , in consultation with the social partners , enabling member states to ensure adequate employment , safety and working conditions as well as the protection of employee ' s rights and high labour standards . it is recommended to the member states that the dismissal on economic , technical or organisational grounds should not be permitted in this context .


### an undertaking applying for an approval shall demonstrate that its employees have the qualification , professional experience and length of service necessary for the performance of the activity it applies for . ### an undertaking applying for an approval shall demonstrate that its employees have the qualification , professional experience and length of service necessary for the performance of the activity it applies or applied for . individual requirements concerning qualifications , professional experience and length of service shall be set and justified for each airport by the competent authorities in the member state in cooperation with the airport operator and the social partners concerned . the competent authorities in the member states monitor their application . moreover , general training standards for groundhandling staff shall be established at eu level by a competent european institution , the competent authorities of the member states , airport operators and social partners . when binding european minimum standards are developed for education and training , member states shall implement and monitor them in order to ensure the highest possible safety standards throughout europe .


### where a member state imposes a requirement as referred to in paragraph , tender documents for the selection procedure laid down in articles 7 to 10 shall list the staff concerned and give the relevant details of employees ' contractual rights and the conditions under which employees are deemed to be linked to the services in question . ### tender documents for the selection procedure laid down in articles 7 to 10 shall list the staff concerned and give the relevant details of employees ' contractual rights and the conditions under which employees are deemed to be linked to the services in question .


### where , following the selection procedure laid down in articles 7 to 10 , a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services , member states may require supplier of groundhandling services which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of council directive 2001 / 23 / ec . ### where , following the selection procedure laid down in articles 7 to 10 , a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services or where a service provider ceases to provide groundhandling services to an airport user or where a self - handling airport user decides to cease self - handling , member states shall require supplier of groundhandling services or self - handling airport users which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of council directive 2001 / 23 / ec . article 4 , second sentence , of directive 2001 / 23 / ec shall not apply to the cases referred to in the first sentence of this paragraph . dismissal on economic , technical or organisational grounds shall not be permitted .


### this article applies only to groundhandling services for which the member state concerned has limited the number of suppliers in accordance with article 6 or 14 . ### this article applies to groundhandling services for which the member state concerned has limited the number of suppliers in accordance with article 6 or 14 . member states should examine in detail against the background of the present regulation whether a restriction of competition is indicated for further sectors .


### in a labour - intensive sector such as groundhandling , continuous staff development and training have a strong impact on service quality . minimum training requirements should therefore be set to ensure the quality of operations in terms of reliability , resilience , safety and security , and to create a level playing field among operators . ### in a labour - intensive sector such as groundhandling , continuous staff development and training have a strong impact on service quality and the safety of operations . a competent european institution in cooperation with the competent authorities in the member states , airport operators and social partners should set ambitious minimum standards to ensure the highest quality for education and training of employees in the groundhandling sector . these standards should be regularly updated and developed in order to contribute to the quality of operations in terms of reliability , resilience , safety and security , and to create a level playing field among operators . as long as the required standards are not met at the respective airport , the accreditation of service providers concerned shall be suspended , withdrawn or withheld until the appropriate standard has been attained again . concerning the details for additional airport specific training , the minimum duration of this training should be 5 days .


### where relevant for the activity of groundhandling services in question , training shall cover at least : ### the specific content of the tests and courses and their proper conduct shall be harmonised on european level and regulated and monitored by the competent authorities in the member states . where relevant for the activity of the groundhandling services in question , training and tests shall cover at least :


### where a member state imposes a requirement as referred to in paragraph , tender documents for the selection procedure laid down in articles 7 to 10 shall list the staff concerned and give the relevant details of employees ' contractual rights and the conditions under which employees are deemed to be linked to the services in question . ### tender documents for the selection procedure laid down in articles 7 to 10 shall list the staff concerned and give the relevant details of employees ' contractual rights and the conditions under which employees are deemed to be linked to the services in question . staff and union representatives shall have access to those lists .


### every employee involved in the provision of groundhandling services shall attend at least two days of training relevant for the tasks assigned to the employee . every employee shall attend the relevant training when taking up a new job or when a new task is assigned to the employee . ### every employee involved in the provision of groundhandling services must regularly attend a theoretical and practical basic training as well as a training relevant for the tasks assigned to the employee . the competent authorities in the member states in cooperation with the airport operators and social partners concerned shall determine details for additional airport specific training , the frequency and the respective minimum duration of this training . the passing of a practical and a theoretical test shall serve to demonstrate that the relevant skills and knowledge have been acquired . the training costs shall be borne in full by the employers . every employee shall attend the relevant training before taking up a new job or starting a newly assigned task .


### employment and working conditions in the groundhandling sector . ### employment and working conditions in the groundhandling sector , particularly trends in wages and salaries in comparison with trends in the prices charged for handling and in comparison with changes in the productivity of groundhandling services at the airport as a whole and those supplied by individual groundhandling service providers .


### emergency measures and contingency management ; ### emergency measures , first aid training and contingency management ;


### without prejudice to the application of this regulation , and subject to the other provisions of union law , member states may take the necessary measures to ensure protection of rights of workers . ### member states shall ensure legally that the staff of undertakings providing third party groundhandling or self - handling services enjoys an adequate level of social security as well as decent working conditions , also in the case of subcontracting and in the context of service contracts . if competent authorities in the member state find that the required standards are not met at the respective airport the accreditation of service providers or self - handling services concerned shall be suspended , withdrawn or withheld , until the appropriate standard has been attained again .


### training features ; ### the state of training and further training with reference to the fields listed in article 34 to ; examination of the connection between delays caused by groundhandling services and the state of training and further training ;


### member states shall limit the requirement in paragraph to the employees of the previous supplier who are involved in the provision of services for which the previous supplier lost authorisation , and who voluntarily accept to be taken on by the new supplier . ### member states shall limit the requirement in paragraph to the employees of the previous supplier , including self handling airport users , who are involved in the provision of groundhandling services that the previous supplier stops providing or for which the previous supplier lost authorisation , and who voluntarily accept to be taken on by the new supplier or self - handling airport user . the costs of a redundancy plan for departing staff shall be borne by airlines in proportion to their traffic share in the previous supplier .


### minimum quality standards for groundhandling undertakings ; ### minimum quality standards for groundhandling undertakings at each airport in the european union for the 11 categories of services ; examination of the connection between delays caused by groundhandling services and minimum quality standards ;


### on the basis of this report the commission may decide if a revision of this regulation is necessary . ### on the basis of this report the commission , in close cooperation with the european parliament , may decide if a revision of this regulation is necessary .


### safeguarding of employees ' rights in the event of transfer of staff for services subject to market access restrictions ### safeguarding of employees ' rights in the event of transfer of staff


### functional training for passenger handling , including training on passenger boarding bridge training and passenger information and assistance in accordance with regulations no 261 / 2004 and no 1107 / 2006 ; ### functional training for passenger handling , with emphasis on those passengers with special needs , in particular those with limited mobility or disabilities ; including training on passenger boarding bridge training and passenger information and assistance in accordance with regulations no 261 / 2004 and no 1107 / 2006 ;


### ambiguity exists as to whether member states may require the takeover of staff upon a change of provider for groundhandling services to which access is limited . discontinuity of staff can have a detrimental effect on the quality of groundhandling services . it is therefore appropriate to clarify the rules on the takeover of staff beyond the application of directive 2001 / 23 / ec on transfers of undertakings enabling member states to ensure adequate employment and working conditions . ### it should be clarified and ensured how member states may require without any ambiguity the takeover of staff upon a change of provider for groundhandling services . discontinuity of staff has a detrimental effect on the quality of groundhandling services . it is therefore urgently necessary to clarify and , if necessary , amend the rules on the transfer of staff via the correspondent application of directive 2001 / 23 / ec on transfers of undertakings , in consultation with the social partners , enabling member states to ensure adequate employment , safety and working conditions as well as the protection of employee ' s rights and high labour standards . it is recommended to the member states that the dismissal on economic , technical or organisational grounds should not be permitted in this context .


### transfer of staff and its impact on the protection of employees ; ### transfer of staff and its impact on the protection of employees , particularly the number of staff transferred where a change of groundhandling service provider occurred , the number of staff who accepted voluntary redundancy where a change of groundhandling service providers occurred ; the development of wages in the case of transferred workers and the number of cases brought before employment tribunals in connection with transfers .


### the commission shall submit a report to the european parliament and the council on the implementation of this regulation not later than 5 years after the date of application of this regulation . the report shall in particular assess any significant impact on the quality of groundhandling services , employment and working conditions . the report shall include the following set of indicators and criteria for a sample of airports : ### the commission shall submit a report to the european parliament and the council on the implementation of this regulation not later than 3 years after the date of application of this regulation . the report shall in particular assess the impact on the quality of groundhandling services as well as employment and working conditions . the report shall examine the following indicators and criteria :


### horizon 2020 - the framework programme for research and innovation established by regulation no … / 2013 of the european parliament and of the council of … 20135 aims at achieving a greater impact on research and innovation by contributing to the strengthening of public - public partnerships , including through union participation in programmes undertaken by several member states in accordance with article 185 of the treaty . __________________ 5 oj … [ h2020 fp ] ### horizon 2020 - the framework programme for research and innovation established by regulation no … / 2013 of the european parliament and of the council of … 20135 aims at achieving a greater impact on research and innovation by developing closer synergies , increasing coordination and avoiding unneccessary duplication with international , national and regional research programmes . public - public partnerships , including union participation in programmes undertaken by several member states in accordance with article 185 of the treaty should achieve these goals . __________________ 5 oj … [ h2020 fp ]


### horizon 2020 - the framework programme for research and innovation established by regulation no … / 2013 of the european parliament and of the council of … 20135 aims at achieving a greater impact on research and innovation by contributing to the strengthening of public - public partnerships , including through union participation in programmes undertaken by several member states in accordance with article 185 of the treaty . __________________ 5 oj … [ h2020 fp ] ### horizon 2020 - the framework programme for research and innovation established by regulation no … / 2013 of the european parliament and of the council of … 20135 aims at achieving a greater impact on research and innovation by developing closer synergies , increasing coordination and avoiding unnecessary duplication with international , national and regional research programmes . public - public partnerships , including union participation in programmes undertaken by several member states in accordance with article 185 of the treaty , should achieve these goals , meet the conditions specified in that regulation , in particular in articles 20 , and fully comply with the general principles applying to horizon 2020 . __________________ 5 oj … [ h2020 fp ]


### relevant evidence should be disclosed upon decision of the court and under its strict control , especially as regards the necessity and proportionality of the disclosure measure . it follows from the requirement of proportionality that disclosure requests can only be triggered once an injured party has made it plausible , on the basis of facts which are reasonably available to him , that the party has suffered harm that was caused by the defendant . the request for disclosure should refer to categories of evidence which are as precise and narrow as possible on the basis of reasonably available facts . ### relevant evidence should be disclosed upon decision of the court and under its strict control , especially as regards the necessity and proportionality of the disclosure measure . it follows from the requirement of proportionality that disclosure requests can only be triggered once an injured party has made it plausible , on the basis of facts which are reasonably available to him , that the party has suffered harm that was caused by the defendant .


### member states shall ensure that , for the purpose of actions for damages , national courts cannot at any time order a party or a third party to disclose any of the following categories of evidence : ### member states shall ensure that , for the purpose of actions for damages , national courts shall in general not order a competition authority to disclose any of the following categories of evidence :


### the requirement of proportionality should also be carefully assessed when disclosure risks unravelling the investigation strategy of a competition authority by revealing which documents are part of the file or causing a negative bearing on the way in which companies cooperate with the competition authority . the disclosure request should therefore not be deemed proportionate when it refers to the generic disclosure of documents in the file of a competition authority relating to a certain case , or of documents submitted by a party in the context of a certain case . such wide disclosure requests would also not be compatible with the requesting party ' s duty to specify categories of evidence as precisely and narrowly as possible . ### the requirement of proportionality should also be carefully assessed when disclosure risks unravelling the investigation strategy of a competition authority by revealing which documents are part of the file or causing a negative bearing on the way in which companies cooperate with the competition authority .


### member states shall ensure that the limitation period shall not begin to run before an injured party knows , or can reasonably be expected to have knowledge of : ### member states shall ensure that the limitation period shall not begin to run before the infringement has ceased an injured party knows , or can reasonably be expected to have knowledge of :


### leniency programmes and settlement procedures are important tools for the public enforcement of union competition law as they contribute to the detection , efficient prosecution and sanctioning of the most serious competition law infringements . undertakings may be deterred from co - operating in this context if disclosure of documents they solely produce to this end were to expose them to civil liability under worse conditions than the co - infringers that do not co - operate with competition authorities . to ensure that undertakings are willing to produce voluntary statements acknowledging their participation in an infringement of union or national competition law to a competition authority under a leniency programme or a settlement procedure , such statements should be excepted from disclosure of evidence . ### leniency programmes and settlement procedures are important tools for the public enforcement of union competition law as they contribute to the detection , efficient prosecution and sanctioning of the most serious competition law infringements . undertakings may be deterred from co - operating in this context if disclosure of documents they solely produce to this end were to expose them to civil liability under worse conditions than the co - infringers that do not co - operate with competition authorities . to ensure that undertakings are willing to produce voluntary statements acknowledging their participation in an infringement of union or national competition law to a competition authority under a leniency programme or a settlement procedure , courts should assess whether such statements should be excepted from disclosure of evidence .


### the buyer loses the right to terminate under this section if notice of termination is not given within a reasonable time from when the right arose or the buyer became , or could be expected to have become , aware of the non - performance , whichever is later . 2 . paragraph 1 does not apply : where the buyer is a consumer ; or where no performance at all has been rendered ### alternative 2 [ alternative amendment to amendments for article 106 and article 174 to ] the buyer loses the right to terminate under this section if notice of termination is not given within a reasonable time from when the right arose or the buyer became , or , if the buyer is a trader that buyer could be expected to have become , aware of the non - performance , whichever is later . 2 . paragraph 1 does not apply where no performance at all has been rendered .


### where the digital content must be subsequently updated by the trader , the trader must ensure that the digital content remains in conformity with the contract throughout the duration of the contract . ### where the digital content must be subsequently updated by the trader , or where he supplies its components separately , the trader must ensure that the digital content remains in conformity with the contract throughout the duration of the contract .


### the common european sales law should comprise of a complete set of fully harmonised mandatory consumer protection rules . in line with article 114 of the treaty , those rules should guarantee a high level of consumer protection with a view to enhancing consumer confidence in the common european sales law and thus provide consumers with an incentive to enter into cross - border contracts on that basis . the rules should maintain or improve the level of protection that consumers enjoy under union consumer law . ### the common european sales law should comprise of a comprehensive set of uniform mandatory consumer protection rules . in line with article 114 of the treaty , those rules should guarantee a high level of consumer protection with a view to enhancing consumer confidence in the common european sales law and thus provide consumers with an incentive to enter into cross - border contracts on that basis . the rules should maintain or improve the level of protection that consumers enjoy under union consumer law .


### all the matters of a contractual or non - contractual nature that are not addressed in the common european sales law are governed by the pre - existing rules of the national law outside the common european sales law that is applicable under regulations no 593 / 2008 and no 864 / 2007 or any other relevant conflict of law rule . these issues include legal personality , the invalidity of a contract arising from lack of capacity , illegality or immorality , the determination of the language of the contract , matters of non - discrimination , representation , plurality of debtors and creditors , change of parties including assignment , set - off and merger , property law including the transfer of ownership , intellectual property law and the law of torts . furthermore , the issue of whether concurrent contractual and non - contractual liability claims can be pursued together falls outside the scope of the common european sales law . ### all the matters of a contractual or non - contractual nature that are not addressed in the common european sales law are governed by the pre - existing rules of the national law outside the common european sales law that is applicable under regulations no 593 / 2008 and no 864 / 2007 or any other relevant conflict of law rule . these issues include legal personality , the invalidity of a contract arising from lack of capacity , illegality or immorality unless the reasons for illegality or immorality are addressed in the common european sales law , the determination of the language of the contract , matters of non - discrimination , representation , plurality of debtors and creditors , change of parties including assignment , set - off and merger , property law including the transfer of ownership , intellectual property law the law of torts and the issue of whether concurrent contractual and non - contractual liability claims can be pursued together . in the interest of clarity and legal certainty , the common european sales law should clearly refer to the issues which are and those which are not addressed therein .


### the common european sales law should be available for cross - border contracts , because it is in that context that the disparities between national laws lead to complexity and additional costs and dissuade parties from entering into contractual relationships . the cross - border nature of a contract should be assessed on the basis of the habitual residence of the parties in business - to - business contracts . in a business - to - consumer contract the cross - border requirement should be met where either the general address indicated by the consumer , the delivery address for the goods or the billing address indicated by the consumer are located in a member state , but outside the state where the trader has its habitual residence . ### the common european sales law should be available for cross - border contracts , because it is in that context that the disparities between national laws lead to complexity and additional costs and dissuade parties from entering into contractual relationships and that distance trade , in particular trade online has a high potential . the cross - border nature of a contract should be assessed on the basis of the habitual residence of the parties in business - to - business contracts . in a business - to - consumer contract the cross - border requirement should be met where either the general address indicated by the consumer , the delivery address for the goods or the billing address indicated by the consumer are located in a member state , but outside the state where the trader has its habitual residence .


### ‘ consumer’ means any natural person who is acting for purposes which are outside that person ' s trade , business , craft , or profession ; ### ' consumer ' means any natural person who is acting for purposes which are outside his trade , business , craft or profession ;


### this regulation establishes a common european sales law . it harmonises the contract laws of the member states not by requiring amendments to the pre - existing national contract law , but by creating within each member state ' s national law a second contract law regime for contracts within its scope . this second regime should be identical throughout the union and exist alongside the pre - existing rules of national contract law . the common european sales law should apply on a voluntary basis , upon an express agreement of the parties , to a cross - border contract . ### this regulation establishes a common european sales law for distance contracts and in particular for online contracts . it approximates the contract laws of the member states not by requiring amendments to the first national contract law regime , but by creating a second contract law regime for contracts within its scope . this directly applicable second regime should be an integral part of the legal order applicable in the territory of the member states . in so far as its scope allows and where parties have validly agreed to use it , the common european sales law should apply instead of the first national contract law regime within that legal order . it should be identical throughout the union and exist alongside the pre - existing rules of national contract law . the common european sales law should apply on a voluntary basis , upon an express agreement of the parties , to a cross - border contract .


### with a view to maximising the added value of the common european sales law its material scope should also include certain services provided by the seller that are directly and closely related to specific goods or digital content supplied on the basis of the common european sales law , and in practice often combined in the same or a linked contract at the same time , most notably repair , maintenance or installation of the goods or the digital content . ### with a view to maximising the added value of the common european sales law its material scope should also include certain services provided by the seller that are directly and closely related to specific goods or digital content supplied on the basis of the common european sales law , and in practice often combined in the same or a linked contract at the same time , most notably repair , maintenance or installation of the goods or the digital content or temporary storage of digital content in the provider ' s cloud .


### notwithstanding cure , the buyer retains the right to claim damages for delay as well as for any harm caused or not prevented by the cure . ### notwithstanding cure , the buyer retains the right to claim damages under chapter 16 for delay as well as for any harm caused or not prevented by the cure .


### ‘ trader’ means any natural or legal person who is acting for purposes relating to that person’s trade , business , craft , or profession ; ### ‘ trader’ means any natural person or any legal person , irrespective of whether privately or publicly owned , who is acting , including through any other natural or legal person acting in his name or on his behalf , for purposes relating to his trade , business , craft or profession in relation to contracts ;


### ‘ related service’ means any service related to goods or digital content , such as installation , maintenance , repair or any other processing , provided by the seller of the goods or the supplier of the digital content under the sales contract , the contract for the supply of digital content or a separate related service contract which was concluded at the same time as the sales contract or the contract for the supply of digital content ; it excludes : ### ‘ related service’ means any service related to goods or digital content , such as installation , maintenance , repair or any other processing , provided by the seller of the goods or the supplier of the digital content under the sales contract , the contract for the supply of digital content or a separate related service contract which was concluded at the same time as or in connection with the sales contract or the contract for the supply of digital content ; it excludes :


### the agreement to use the common european sales law should be a choice exercised within the scope of the respective national law which is applicable pursuant to regulation no 593 / 2008 or , in relation to pre - contractual information duties , pursuant to regulation no 864 / 2007 of the european parliament and of the council of 11 july 2007 on the law applicable to non - contractual obligations no 864 / 2007 ) , or any other relevant conflict of law rule . the agreement to use the common european sales law should therefore not amount to , and not be confused with , a choice of the applicable law within the meaning of the conflict - of - law rules and should be without prejudice to them . this regulation will therefore not affect any of the existing conflict of law rules . ### the agreement to use the common european sales law should be a choice exercised within the respective national legal order which is determined as the applicable law pursuant to regulation no 593 / 2008 or , in relation to pre - contractual information duties , pursuant to regulation no 864 / 2007 of the european parliament and of the council of 11 july 2007 on the law applicable to non - contractual obligations no 864 / 2007 ) , or any other relevant conflict of law rule . the agreement to use the common european sales law results from a choice between two different regimes within the same national legal order . this choice therefore does not amount to , and should not be confused with , a choice between two national legal orders within the meaning of the conflict - of - law rules and should be without prejudice to them . this regulation will therefore not affect any of the existing conflict of law rules such as those contained in regulation no 593 / 2008 .


### where the parties have validly agreed to use the common european sales law for a contract , only the common european sales law shall govern the matters addressed in its rules . provided that the contract was actually concluded , the common european sales law shall also govern the compliance with and remedies for failure to comply with the pre - contractual information duties . ### where the parties have validly agreed to use the common european sales law for a contract , only the common european sales law shall govern the matters addressed in its rules , instead of the contract law regime that would , in the absence of such an agreement , govern the contract within the legal order determined as the applicable law .


### limitation of remedies for digital content not supplied in exchange for a price where digital content is not supplied in exchange for the payment of a price , the buyer may not resort to the remedies referred to in points to of article 106 . the buyer may only claim damages under point of article 106 for loss or damage caused to the buyer ' s property , including hardware , software and data , by the lack of conformity of the supplied digital content , except for any gain of which the buyer has been deprived by that damage . ### limitation of remedies for digital content not supplied in exchange for payment of a price or any other counter performance - 1 . where digital content is supplied in exchange for a counter performance other than the payment of a price the buyer may resort to any of the remedies referred to in article 106 except for price reduction under point . where digital content is not supplied in exchange for any counter performance the buyer may not resort to the remedies referred to in points to of article 106 . the buyer may only claim damages under point of article 106 for loss or damage caused to the buyer ' s property , including hardware , software and data , by the lack of conformity of the supplied digital content , except for any gain of which the buyer has been deprived by that damage .


### ‘ commercial guarantee’ means any undertaking by the trader or a producer to the consumer , in addition to legal obligations under article 106 in case of lack of conformity to reimburse the price paid or to replace or repair , or service goods or digital content in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of , or before the conclusion of the contract ; ### ' commercial guarantee ' means any undertaking by the trader or a producer to the consumer , in addition to his legal obligation relating to the guarantee of conformity , to reimburse the price paid or to replace , repair or service goods or digital contents in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of , or before the conclusion of the contract ;


### to overcome these contract - law - related barriers , parties should have the possibility to agree that their contracts should be governed by a single uniform set of contract law rules with the same meaning and interpretation in all member states , a common sales law . the common european sales law should represent an additional option increasing the choice available to parties and open to use whenever jointly considered to be helpful in order to facilitate cross - border trade and reduce transaction and opportunity costs as well as other contract - law - related obstacles to cross - border trade . it should become the basis of a contractual relationship only where parties jointly decide to use it . ### contract - law - related barriers prevent consumers and traders from fully exploiting the potential of the internal market and are particularly relevant in the area of distance selling which should be one of the tangible results of the internal market . in particular , the digital dimension of the internal market is becoming vital for both consumers and traders as consumers increasingly make purchases over the internet and an increasing number of traders sell online . given that communication and information technology means are constantly developing and becoming increasingly accessible , the growth potential of internet sales is very high . against this background , and to overcome such contract - law - related barriers , parties should have the possibility to agree that contracts they conclude at a distance , and , in particular , online , should be governed by a single uniform set of contract law rules with the same meaning and interpretation in all member states , a common european sales law . that common european sales law should represent an additional option for distance and , in particular , internet trade , increasing the choice available to parties and open to use whenever jointly considered to be helpful in order to facilitate cross - border trade and reduce transaction and opportunity costs as well as other contract - law - related obstacles to cross - border trade . it should become the basis of a contractual relationship only where parties jointly decide to use it .


### once there is a valid agreement to use the common european sales law , only the common european sales law should govern the matters falling within its scope . the rules of the common european sales law should be interpreted autonomously in accordance with the well - established principles on the interpretation of union legislation . questions concerning matters falling within the scope of the common european sales law which are not expressly settled by it should be resolved only by interpretation of its rules without recourse to any other law . the rules of the common european sales law should be interpreted on the basis of the underlying principles and objectives and all its provisions . ### the rules of the common european sales law should be interpreted autonomously in accordance with the well - established principles on the interpretation of union legislation . questions concerning matters falling within the scope of the common european sales law which are not expressly settled by it should be resolved only by interpretation of its rules without recourse to any other law . the rules of the common european sales law should be interpreted on the basis of the underlying principles and objectives and all its provisions .


### paragraph 1 does not apply : where the buyer is a consumer ; or where no performance at all has been tendered . ### paragraph 1 does not apply where no performance at all has been rendered .


### the principle of good faith and fair dealing should provide guidance on the way parties have to cooperate . as some rules constitute specific manifestations of the general principle of good faith and fair dealing , they should take precedent over the general principle . the general principle should therefore not be used as a tool to amend the specific rights and obligations of parties as set out in the specific rules . the concrete requirements resulting from the principle of good faith and fair dealing should depend , amongst others , on the relative level of expertise of the parties and should therefore be different in business - to - consumer transactions and in business - to - business transactions . in transactions between traders , good commercial practice in the specific situation concerned should be a relevant factor in this context . ### the general principle of good faith and fair dealing should provide guidance on the way parties have to cooperate . as some rules constitute specific manifestations of the general principle of good faith and fair dealing , they should take precedent over the general principle . the general principle should therefore not be used as a tool to amend the specific rights and obligations of parties as set out in the specific rules . the concrete requirements resulting from the general principle of good faith and fair dealing should depend , amongst others , on the relative level of expertise of the parties and should therefore be different in business - to - consumer transactions and in business - to - business transactions . in transactions between traders , good commercial practice in the specific situation concerned should be a relevant factor in this context . without preventing parties from pursuing their own interests , the general principle of good faith and fair dealing should set a standard of conduct which ensures a honest , transparent and fair relationship . while it precludes a party from exercising or relying on a right , remedy or defence which that party would otherwise have , the principle as such should not give rise to a general claim for damages . rules of the common european sales law constituting specific manifestations of the general principle of good faith and fair dealing like avoidance for fraud or the non - performance of an obligation created by an implied term can give rise to a right to damages , however only in very specific cases .


### in relations between a trader and a consumer the parties may not , to the detriment of the consumer , exclude the application of this chapter or derogate from or vary its effects . ### in relations between a trader and a consumer the parties may not , to the detriment of the consumer , exclude the application of this chapter or derogate from or vary its effects , before notice of avoidance or termination is given .


### it is also appropriate to review the functioning of the common european sales law or any other provision of this regulation after five years of operation . the review should take into account , amongst other things , the need to extend further the scope in relation to business - to - business contracts , market and technological developments in respect of digital content and future developments of the union acquis . ### it is also appropriate to review the functioning of the common european sales law or any other provision of this regulation after five years of operation . the review should take into account , amongst other things , the need to include further rules relating to the matter of retention of title clauses , market and technological developments in respect of digital content and future developments of the union acquis . particular consideration should further be given to whether the limitation to distance contracts , and in particular online contracts , remains appropriate or whether a wider scope , including on - premises contracts , may be feasible .


### the long period of prescription is ten years or , in the case of a right to damages for personal injuries , thirty years . ### the long period of prescription is six years or , in the case of a right to damages for personal injuries , thirty years .


### this regulation enables traders to rely on a common set of rules and use the same contract terms for all their cross - border transactions thereby reducing unnecessary costs while providing a high degree of legal certainty . ### this regulation enables traders , in particular small or medium - sized enterprises , to rely on a common set of rules and use the same contract terms for all their cross - border transactions thereby reducing unnecessary costs while providing a high degree of legal certainty .


### the buyer loses the right to terminate under this section if notice of termination is not given within a reasonable time from when the right arose or the buyer became , or could be expected to have become , aware of the non - performance , whichever is later . 2 . paragraph 1 does not apply : where the buyer is a consumer ; or where no performance at all has been rendered ### alternative 2 [ alternative amendment to amendments for article 106 and article 174 to ] the buyer loses the right to terminate under this section if notice of termination is not given within a reasonable time from when the right arose or the buyer became , or , if the buyer is a trader that buyer could be expected to have become , aware of the non - performance , whichever is later . 2 . paragraph 1 does not apply where no performance at all has been rendered .


### this regulation establishes a common european sales law . it harmonises the contract laws of the member states not by requiring amendments to the pre - existing national contract law , but by creating within each member state ' s national law a second contract law regime for contracts within its scope . this second regime should be identical throughout the union and exist alongside the pre - existing rules of national contract law . the common european sales law should apply on a voluntary basis , upon an express agreement of the parties , to a cross - border contract . ### this regulation establishes a common european sales law for distance contracts and in particular for online contracts . it approximates the contract laws of the member states not by requiring amendments to the first national contract law regime , but by creating a second contract law regime for contracts within its scope . this directly applicable second regime should be an integral part of the legal order applicable in the territory of the member states . in so far as its scope allows and where parties have validly agreed to use it , the common european sales law should apply instead of the first national contract law regime within that legal order . it should be identical throughout the union and exist alongside the pre - existing rules of national contract law . the common european sales law should apply on a voluntary basis , upon an express agreement of the parties , to a cross - border contract .


### the seller has a reasonable period of time to effect cure . ### notwithstanding cure , the buyer retains the right to claim damages for delay as well as for any harm caused or not prevented by the cure .


### since the common european sales law contains a complete set of fully harmonised mandatory consumer protection rules , there will be no disparities between the laws of the member states in this area , where the parties have chosen to use the common european sales law . consequently , article 6 regulation no 593 / 2008 , which is predicated on the existence of differing levels of consumer protection in the member states , has no practical importance for the issues covered by the common european sales law . ### once there is a valid agreement to use the common european sales law , only the common european sales law should govern the matters falling within its scope . since the common european sales law contains a comprehensive set of uniform harmonised mandatory consumer protection rules , there will be no disparities between the laws of the member states in this area , where the parties have chosen to use the common european sales law . consequently , article 6 of regulation no 593 / 2008 , which is predicated on the existence of differing levels of consumer protection in the member states , has no practical relevance for the issues covered by the common european sales law as it would amount to a comparison between the mandatory provisions of two identical second contract law regimes .


### the parties may agree that the common european sales law governs their cross - border contracts for the sale of goods , for the supply of digital content and for the provision of related services within the territorial , material and personal scope as set out in articles 4 to 7 . ### the parties may agree subject to the requirements laid down in articles 8 and 9 that the common european sales law governs their cross - border contracts for the sale of goods , for the supply of digital content and for the provision of related services within the territorial , material and personal scope as set out in articles 4 to 7 .


### the agreement of the parties to a contract is indispensable for the application of the common european sales law . that agreement should be subject to strict requirements in business - to - consumer transactions . since , in practice , it will usually be the trader who proposes the use of the common european sales law , consumers must be fully aware of the fact that they are agreeing to the use of rules which are different from those of their pre - existing national law . therefore , the consumer ' s consent to use the common european sales law should be admissible only in the form of an explicit statement separate from the statement indicating the agreement to the conclusion of the contract . it should therefore not be possible to offer the use of the common european sales law as a term of the contract to be concluded , particularly as an element of the trader ' s standard terms and conditions . the trader should provide the consumer with a confirmation of the agreement to use the common european sales law on a durable medium . ### the agreement of the parties to a contract to the use of the common european sales law is indispensable for the application of the common european sales law . that agreement should be subject to strict requirements in business - to - consumer transactions . since , in practice , it will usually be the trader who proposes the use of the common european sales law , consumers must be fully aware of the fact that they are agreeing to the use of rules which are different from those of their pre - existing national law . therefore , the consumer ' s consent to use the common european sales law should be admissible only in the form of an explicit statement separate from the statement indicating the agreement to the conclusion of the contract . it should therefore not be possible to offer the use of the common european sales law as a term of the contract to be concluded , particularly as an element of the trader ' s standard terms and conditions . the trader should provide the consumer with a confirmation of the agreement to use the common european sales law on a durable medium .


### where , in a consumer sales contract , the trader is required to remedy a lack of conformity pursuant to article 110 the consumer may choose between repair and replacement unless the option chosen would be unlawful or impossible or , compared to the other option available , would impose costs on the seller that would be disproportionate taking into account : ### if a consumer can demand or if the seller offers subsequent performance , the consumer may choose between repair and replacement unless the option chosen would be unlawful or impossible or , compared to the other option available , would impose costs on the seller that would be disproportionate taking into account :


### ‘ trader’ means any natural or legal person who is acting for purposes relating to that person’s trade , business , craft , or profession ; ### ‘ trader’ means any natural person or any legal person , irrespective of whether privately or publicly owned , who is acting , including through any other natural or legal person acting in his name or on his behalf , for purposes relating to his trade , business , craft or profession in relation to contracts ;


### ‘ distance contract’ means any contract between the trader and the consumer under an organised distance sales scheme concluded without the simultaneous physical presence of the trader or , in case the trader is a legal person , a natural person representing the trader and the consumer , with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded ; ### ‘ distance contract’ means any contract between the trader and the consumer or another trader under an organised distance sales scheme concluded without the simultaneous physical presence of the trader or , in case the trader is a legal person , a natural person representing the trader and the consumer or the other trader , with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded ;


### ‘ commercial guarantee’ means any undertaking by the trader or a producer to the consumer , in addition to legal obligations under article 106 in case of lack of conformity to reimburse the price paid or to replace or repair , or service goods or digital content in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of , or before the conclusion of the contract ; ### ' commercial guarantee ' means any undertaking by the trader or a producer to the consumer , in addition to his legal obligation relating to the guarantee of conformity , to reimburse the price paid or to replace , repair or service goods or digital contents in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of , or before the conclusion of the contract ;


### if the seller ' s non - performance is excused , the buyer may resort to any of the remedies referred to in paragraph 1 except requiring performance and damages . ### if the seller ' s non - performance is excused , the buyer may resort to any of the remedies referred to in paragraph 1 except damages .


### the buyer ' s rights are not subject to cure by the seller ; and ### the buyer ' s rights are not subject to cure by the seller , except where they relate to goods or digital content which are manufactured , produced or modified according to the consumer ' s specifications or which are clearly personalised ; or


### limitation of remedies for digital content not supplied in exchange for a price where digital content is not supplied in exchange for the payment of a price , the buyer may not resort to the remedies referred to in points to of article 106 . the buyer may only claim damages under point of article 106 for loss or damage caused to the buyer ' s property , including hardware , software and data , by the lack of conformity of the supplied digital content , except for any gain of which the buyer has been deprived by that damage . ### limitation of remedies for digital content not supplied in exchange for payment of a price or any other counter performance - 1 . where digital content is supplied in exchange for a counter performance other than the payment of a price the buyer may resort to any of the remedies referred to in article 106 except for price reduction under point . where digital content is not supplied in exchange for any counter performance the buyer may not resort to the remedies referred to in points to of article 106 . the buyer may only claim damages under point of article 106 for loss or damage caused to the buyer ' s property , including hardware , software and data , by the lack of conformity of the supplied digital content , except for any gain of which the buyer has been deprived by that damage .


### ‘ consumer’ means any natural person who is acting for purposes which are outside that person ' s trade , business , craft , or profession ; ### ' consumer ' means any natural person who is acting for purposes which are outside his trade , business , craft or profession ;


### from 2020 onwards , this regulation sets a target of 95 g co2 / km as average emissions for the new car fleet as measured in accordance with regulation no 715 / 2007 and annex xii to regulation no 692 / 2008 and its implementing measures , and innovative technologies . ### from 2020 onwards , this regulation sets a target of 95 g co2 / km as average emissions for the new car fleet as measured in accordance with regulation no 715 / 2007 , annex iii and xii to regulation no 692 / 2008 , ece r83 - 06 and ece r101 in each case as valid on the . . . + . ___________________ + oj : please insert the date of adoption of this regulation .


### the second subparagraph of paragraph 3 is deleted . ### paragraph 3 is replaced by the following : ‘ from 2012 , the commission shall carry out an impact assessment in order to review by 2014 , as provided for in article 14 , of regulation no 715 / 2007 , the procedures for measuring co2 emissions pursuant to regulation no 715 / 2007 / ec with a view to applying a revised measuring procedure for the purposes of this regulation from 1 january 2021 . the commission shall , in particular , make appropriate proposals to adapt those procedures to reflect adequately the real co2 emissions behaviour of cars and to include the approved innovative technologies as defined in article 12 that could be reflected in the test cycle . the commission shall ensure that those procedures are subsequently reviewed on a regular basis . ’


### by 31 december 2014 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new passenger cars for the period beyond 2020 . ### no later than 2017 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new passenger cars for the period beyond 2020 based on a new test procedure and test cycle which take into account the worldwide harmonised light vehicles procedure .


### article 4 , article 8 and , article 9 and article 10 and shall not apply to a manufacturer which is responsible together with all of its connected undertakings for less than 500 new passenger cars registered in the eu in the previous calendar year . ### article 4 , article 8 and , article 9 and article 10 and shall not apply to a manufacturer which is responsible together with all of its connected undertakings for less than 1000 new passenger cars registered in the eu in the previous calendar year .


### the european insurance and occupational pensions authority should act with a view to improving the functioning of the internal market , including in particular by ensuring a high , effective and consistent level of regulation and supervision taking account of the varying interests of all member states , to protect policyholders and other beneficiaries , to ensure the integrity , efficiency and orderly functioning of financial markets , to safeguard the stability of the financial system , and to strengthen international supervisory coordination , for the benefit of the economy at large , including financial institutions and other stakeholders , consumers and employees . in order to be able to fulfil its objectives , it is necessary and appropriate that the authority should be a community body having legal personality and it should have legal , administrative and financial autonomy . ### the authority should act with a view to improving the functioning of the internal market , including in particular by ensuring a high , effective and consistent level of regulation and supervision taking account of the varying interests of all member states , to prevent regulatory arbitrage and guarantee a level playing field , to protect policyholders and other beneficiaries , to ensure the integrity , efficiency and orderly functioning of financial markets , to safeguard the stability of the financial system , and to strengthen international supervisory coordination while taking account of the need to enhance competition and innovation within the internal market and to ensure global competitiveness , for the benefit of the economy at large , including financial institutions and other stakeholders , consumers and employees . in order to be able to fulfil its objectives , it is necessary and appropriate that the authority should be a union body having legal personality and it should have legal , administrative and financial autonomy .


### contribute to a consistent application of community legislation , in particular by contributing to a common supervisory culture , ensuring consistent , efficient and effective application of the legislation referred to in article 1 , preventing regulatory arbitrage , mediating and settling disagreements between national supervisory authorities , promoting a coherent functioning of colleges of supervisors and taking actions in emergency situations ; ### contribute to a consistent application of union legislation , in particular by contributing to a common supervisory culture , ensuring consistent , efficient and effective application of the legislation referred to in article 1 , preventing regulatory arbitrage , mediating and settling disagreements between competent authorities , ensuring effective and consistent supervision of financial institutions with a union dimension and a coherent functioning of colleges of supervisors and taking actions , inter alia , in emergency situations ;


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


### in its notification , the member state shall justify why and clearly demonstrate how the decision impinges on its fiscal responsibilities . ### in its notification , the member state shall justify why and provide an impact assessment on how much the decision impinges on its fiscal responsibilities .


### the authority shall ensure adequate secretarial support for the insurance , reinsurance and occupational pension funds stakeholder group . ### the authority shall ensure adequate secretarial support for the insurance , reinsurance and occupational pension funds stakeholder group . adequate financial compensation shall be established for members of the stakeholder group representing non - profit organisations .


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


### proposal for a regulation of the european parliament and of the council establishing a european insurance and occupational pensions authority ### proposal for a regulation of the european parliament and of the council establishing a european supervisory authority


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


### where appropriate , the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . for reasons of efficiency , an insurance , reinsurance and occupational pension funds stakeholder group should be established for that purpose , representing in balanced proportions community insurance and reinsurance firms as well as occupational pension funds , their employees and consumers and other retail users of the insurance , reinsurance and occupational pension services , including smes . the insurance , reinsurance and occupational pension funds stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or community legislation . ### the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . before adopting draft technical standards , guidelines and recommendations the authority should carry out an impact assessment with a view to ensuring that the best practices for high - quality regulation are met . to provide effective external assistance , an insurance , reinsurance and occupational pension funds stakeholder group should be established , representing in balanced proportions union insurance and reinsurance firms and insurance intermediaries as well as occupational pension funds , trade unions , academics and consumers and other retail users of the insurance , reinsurance and occupational pension services , including smes . the insurance , reinsurance and occupational pension funds stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or by eu legislation .


### where the commission does not endorse the standards or endorses them in part or with amendments , it shall inform the authority of its reasons . ### where the commission intends not to endorse the standards , it shall send the draft standards back to the authority , explaining in writing the reasons why they are in conflict with the public interest of the union , the principle of proportionality or the integration of the internal . within a period of six weeks of receipt of the commission ' s written reasons , the authority shall amend the draft standards duly taking into account the commission’s concerns .


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


### there is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure , also through a single rulebook , a level playing field and an adequate protection of policyholders , other beneficiaries and consumers across europe . as a body with highly specialised expertise , it is efficient and appropriate to entrust the authority , in areas defined by community law , with the elaboration of draft technical standards , which do not involve policy choices . the commission should endorse those draft technical standards in accordance with community law in order to give them binding legal effect . the draft technical standards have to be adopted by the commission . they would be subject to amendment if , for example , the draft technical standards were incompatible with community law , would not respect the principle of proportionality or would run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of community financial services legislation . to ensure a smooth and expedited adoption process for those standards , the commission should be subject to a time limit for its decision on the endorsement . ### there is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure , also through a single rulebook , a level playing field and an adequate protection of policyholders , other beneficiaries and consumers across europe . as a body with highly specialised expertise , it is efficient and appropriate to entrust the authority , in areas defined by eu law , with the elaboration of draft technical standards , which do not involve policy choices . the commission should be empowered to adopt delegated acts in accordance with the procedure referred to in article 290 of the treaty on the functioning of the european union concerning technical standards in financial services .


### the european system of financial supervisors should be a network of national and community supervisory authorities , leaving day - to - day supervision of financial institutions at the national level , and according a central role in the supervision of cross - border groups to colleges of supervisors . greater harmonisation and the coherent application of rules for financial institutions and markets across the community should also be achieved . a european insurance and occupational pensions authority should be established , along with a european banking authority and a european securities and markets authority . ### the european system of financial supervision should be a network of national and union supervisory authorities , leaving day - to - day supervision of financial institutions at the national level and according a central role in the supervision of cross - border groups to colleges of supervisors . greater harmonisation and the coherent application of rules for financial institutions and markets across the union should also be achieved . a european supervisory authority should be established , along with a european supervisory authority and a european supervisory authority as well as a european supervisory authority .


### if , at the end of the conciliation phase , the national supervisory authorities concerned have failed to reach an agreement , the authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter , in compliance with community law . ### if , at the end of the conciliation phase , the national supervisory authorities concerned have failed to reach an agreement , the authority shall , in accordance with the procedure set out in the second subparagraph of article 29 , take a decision to settle the disagreement and to require them to take specific action , in compliance with union law with binding effects on the national supervisory authorities concerned .


### if , at the end of the conciliation phase , the national supervisory authorities concerned have failed to reach an agreement , the authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter , in compliance with community law . ### if , at the end of the conciliation phase , the national supervisory authorities concerned have failed to reach an agreement , the authority may take a decision to settle the disagreement and to require them to take specific action or to refrain from action , in compliance with eu law .


### without prejudice to the powers of the commission under article 226 of the treaty , where a national supervisory authority does not comply with the decision of the authority , and thereby fails to ensure that a financial institution complies with requirements directly applicable to it by virtue of the legislation referred to in article 1 , the authority may adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under community law , including the cessation of any practice . ### without prejudice to the powers of the commission under article 258 of the treaty , where a national supervisory authority does not comply with the decision of the authority , and thereby fails to ensure that a financial institution complies with requirements directly applicable to it by virtue of the legislation referred to in article 1 , the authority may adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under union law , including the cessation of any practice .